General Terms of Service
I. Legal Agreement
These General Terms of Service (“General Terms”) are a legal agreement between you (“you,” “your”) and EnrollPay, LLC. (”EnrollPay,” “we,” “our” or “us”) and govern your use of EnrollPay’s services, including mobile applications, websites, software, hardware, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, you acknowledge to us that you have authority to bind that business or entity to these terms, and that business accepts these terms. By using any of the Services, you agree to these General Terms. You also agree to any additional terms specific to Services you use (“Additional Terms”), which become part of your agreement with us (collectively, the “Terms”). It is your responsibility to read and understand all terms carefully.
You consent to EnrollPay’s Privacy Notice, which explains how we collect, use, retain, protect, and share the information you provide to us.
An "EnrollPay Account" must be opened and personal information provided to use the Services. All information you provide must be accurate and kept up to date. All activity that occurs under your EnrollPay Account is your responsibility, including any actions taken by persons to whom you have granted access to your EnrollPay Account.
We reserve the right to suspend or terminate your EnrollPay Account if inaccurate, untrue, or incomplete information is provided, or you fail to comply with account registration requirements.
You agree that we may provide notifications to you electronically. Electronic notifications may be posted on our website, sent through our Services, or emailed to you using the email address tied to your EnrollPay Account. Electronic notifications have the same meaning and effect as if we notified you with paper copies or directly in person. Such notifications are considered received by you within twenty-four (24) hours of the time posted to our website, or within twenty-four (24) hours of the time emailed to you unless we receive notice that the email was not delivered.
You are not permitted, nor may you permit any third party, to directly or indirectly:
copy, alter, reproduce, publicly display, upload, post, transmit, resell or distribute material, information or Services from EnrollPay without EnrollPay's express permission;
perform any actions that would interfere with the proper and intended use of the Services;
prevent access to the Services by our other customers;
impose unreasonable or disproportionate loads on our infrastructure;
access or monitor any material or data on any EnrollPay system without express permission;
work around, bypass, or circumvent any of the technical limitations of the Services;
use any tool to decompile, disassemble or otherwise reverse engineer the Services;
transfer any rights granted to you under these General Terms;
use the Services for any illegal activity; or
otherwise use the Services except as expressly allowed under these Terms.
If we reasonably suspect that your EnrollPay Account has been used for an unauthorized, illegal, or criminal activity, we are authorized to share any of your information with law enforcement.
We do everything we can to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we do not guarantee that unauthorized third parties will never gain access to or use your personal information for improper, illegal, or criminal purposes. All information you provide is done at your own risk.
You are responsible for safeguarding your password and for restricting access to your EnrollPay Account. You are expected to immediately notify us of any unauthorized use of your password or EnrollPay Account.
You consent to accept and receive communications from us, including e-mail, text messages, calls, and push notifications to the email address and cellular telephone number you provide when opening an EnrollPay Account.
You acknowledge that you are not required to consent to receive text messages or calls as a condition of using the Services, and that standard text message and data rates may apply when sending and receiving text messages and calls.
VIII. Paid Services
We may terminate these General Terms or any Additional Terms, or adjust, suspend, terminate or impose conditions on your EnrollPay Account or your access to any Service, at any time for any reason. We will send notifications to you if such actions are taken.
You may terminate the General Terms and Additional Terms applicable to your EnrollPay Account by deactivating your EnrollPay Account at any time.
If these General Terms or your EnrollPay Account is terminated or suspended for any reason: (a) these Terms will end, (b) your information may be deleted, and (c) we will not be liable to you or any third party for compensation, reimbursement, or damages for any termination or suspension of the Services, or for deletion of your information.
We reserve and own all rights, title, interest, copyright and other Intellectual Property Rights in the Services and all copies of the Services. These General Terms do not grant you any rights to our trademarks or service marks.
You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms; (b) your wrongful or improper use of the Services; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and (e) any other party’s access and/or use of the Services with your unique name, password or other appropriate security code.
XII. Representations and Warranties
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business, including the Health Insurance Portability and Accountability Act (“HIPAA”); (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms.
THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ENROLLPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ENROLLPAY DOES NOT WARRANT OR GUARANTEE THAT THE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EnrollPay does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party. EnrollPay does not have control of, or liability for, goods or services that are paid for using the Services.
XIII. Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ENROLLPAY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, ENROLLPAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL ENROLLPAY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ENROLLPAY ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ENROLLPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
XIV. Third Parties
All third party hardware and other products included or sold with the Services are provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its product. For service, support, or warranty assistance, you should contact the manufacturer directly. ENROLLPAY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
You may be offered services, products and promotions provided by third parties and not by EnrollPay, including, but not limited to, third party developers who use EnrollPay’s services (“Third Party Services”). If you decide to use Third Party Services, you will be responsible for reviewing and understanding the terms and conditions for these services. We are not responsible or liable for the performance of any Third Party Services. Further, you agree to resolve any disagreement between you and a third party regarding the terms and conditions of any Third Party Services with that third party directly in accordance with the terms and conditions of that relationship, and not EnrollPay. The Services may contain links to third party websites. The inclusion of any website link does not imply an approval, endorsement, or recommendation by EnrollPay. Such third party websites are not governed by these General Terms. You access any such website at your own risk. We expressly disclaim any liability for these websites. When you use a link to go from the Services to a third party website, our Privacy Notice is no longer in effect. Your browsing and interaction on a third party website, including those that have a link in the Services is subject to that website’s own terms, rules and policies.
“Disputes” are defined as any claim, controversy, or dispute between you and EnrollPay, its processors, suppliers or licensors (or their respective affiliates, agents, directors or employees), including any claims relating in any way to these Terms or the Services, or any other aspect of our relationship.
Any action or proceeding by you relating to any Dispute must commence within one year after the cause of action accrues.
You and EnrollPay agree to arbitrate any and all Disputes by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST ENROLLPAY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the “Arbitrator”) administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. The Arbitrator shall be responsible for determining all threshold arbitrability issues, including issues relating to whether the General Terms and/or Additional Terms (or any aspect thereof) are enforceable, unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Subject to applicable jurisdictional requirements, you may elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Phoenix, Arizona, or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. While an arbitrator may award declaratory or injunctive relief, the Arbitrator may do so only with respect to the individual party seeking relief and only to the extent necessary to provide relief warranted by the individual party’s claim. An Arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. EnrollPay will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000 unless the Arbitrator determines that your claims were frivolous. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may seek to recover those fees from the arbitrator. For any claim where you are seeking relief, we will not seek to have you pay our attorney’s fees, even if fees might otherwise be awarded, unless the Arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and EnrollPay also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Phoenix, Arizona, or federal court for the District of Arizona.
XVII. Governing Law
These General Terms and any Dispute will be governed by Arizona law and/or applicable federal law (including the Federal Arbitration Act), without regard to its choice of law or conflicts of law principles.
These General Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.
We may revise the general terms of service agreement at any time to reflect changes to our business, our websites or services, or applicable laws. Revisions to the general terms of service will be effective as of the published effective date, and will not apply retroactively. Your continued use of the Services after the posting of a revised version constitutes your acceptance of such revised version.
Effective June 29th, 2019