- Privacy Policy
- Electronic Signature (E-SIGN) and Uniform Electronic Transactions Act (UETA) Disclosure and Consent Agreement
- Electronic Funds Transfer (EFT) Disclosure
- Error Resolution Policy
- William Paid Credit Reporting Dispute Resolution Policy and Credit Report Information Disclosure
A. Definitions
B. Our
Services and Policies
C. Eligibility,
Identity Authentication and Other Information
D. Extended
Period Services and Other Service Fees
E. Rent
Payment Facilitation Services
F. Credit
Reporting Services
G. User
Agreements
H. Use
of Roommate Tools, Community Services and User-Provided content
I. Termination
of Usage of WilliamPaid’s Services and Website
J. Errors
and Unauthorized Transactions
K. Liability
L. Disputes
with WilliamPaid
M. Landlord-Specific
Provisions
N. WilliamPaid
Cash-back Program
O. Miscellaneous
Provisions
P. Williampaid.com
Sweepstakes Rules
A. Definitions
In these Terms
of Use, the following words and terms shall have the following meanings.
“Agreement” means these Terms of
Use and all Incorporated Documents, which may change from time to time.
“Business Days”
means those days for which banks located in Chicago, Illinois are open for
business.
“Communications” means any notices,
e-mails, letters or any electronic or written contact with a User regarding
User’s account and/or his or her use of the Services or our website.
“EFT” means electronic funds transfers as defined
and regulated under the Electronic Fund Transfer Act, 15 U.S.C. §1693 et seq.
and 12 C.F.R. Part 205 (“Regulation E”).
“Extended Period Services” has the
definition set forth in Section D of this Agreement.
“Information”
means any confidential or personally identifiable information or other
information related to an account or a User, including, without limitation,
name, email address, street address(es), phone number and financial
information.
“Member” means
any person who has registered on www.williampaid.com and/or any affiliated
websites.
“Premium Service”
means any Service that is not free and must be or is purchased by a User.
“Roommate Tools” means
those products or services provided on www.williampaid.com that allow
roommates, renters or other groups to interact or post content or messages,
including, without limitation, group message board, group lists, group status
updates, group calendar, group bill management, emergency contact information
lists and contact service, songs or other recordable messages and media and
document storage.
“Services” means our website and
our products and services directed to renters, roommates, landlords, group
members and others, including, without limitation, our rent management and
administration services, rent payment facilitation services, credit reporting
and credit-related products and services, affiliate marketing, User Agreements,
bill verification, Roommate Tools, cash-back programs, advice or suggestions
with respect to credit or other topics and any related products and services
offered by WilliamPaid, whether or not they are specifically described in this
Agreement.
“User” means any person who uses our website or
Services, including, without limitation, Members and Registered Landlords.
“User Agreement” means any agreement
that any User creates or downloads through use of any template or process
provided by WilliamPaid, including, without limitation, any roommate agreement
or similar agreement.
“User Materials” means any content,
photographs, videos, audio, comments, written work, name(s), trademarks, trade
names, likenesses, biographical materials, artwork, liner notes and other
graphical or textual materials that a User uploads, submits or otherwise
provides to WilliamPaid, and any and all computer-generated images or other
artwork or images that User submits to WilliamPaid, including, without
limitation, any information submitted on a shared calendar, shared content
form, stored documents, any community media application or other Roommate
Tools.
“WilliamPaid” means William Paid
LLC, an Illinois limited liability company having its principal offices at 601
Skokie Blvd. Suite 2A, Northbrook, IL 60062, and any subsidiary or successor
companies, affiliates, officers, employees, agents and any name under which
William Paid LLC conducts business, including, without limitation, on its
website accessible on the Internet at www.williampaid.com.
B. Our Services and Policies
1. Service Provider. WilliamPaid
provides Services relevant to renters, roommates, landlords, group members and
others, including, without limitation, providing User Agreements, credit
reporting, credit-related products and services, rent payment facilitation,
bill verification, cash-back program and Roommate Tools. We will do our best to provide
straightforward Services with clear instructions for use.
2. Independent
Contractor. WilliamPaid is an
independent contractor for all purposes, except that WilliamPaid may act as
your agent only with respect to custody of your funds pursuant to Section
E-3. With respect to your use of our
payment facilitation services, WilliamPaid has no involvement in the underlying
transactions, goods or services for which you may use WilliamPaid to facilitate
your payment and shall have no responsibility whatsoever for the delivery,
quality, performance or any resulting damages of the underlying goods, services
or agreements. Specifically, any matters
arising between you, your roommates, your landlord and/or any other third
parties must be handled between the parties involved.
3. Your
Privacy. Maintaining the confidentiality of our Users is a top priority for
us. Our Privacy Policy discusses our
responsibilities with respect to your Information. Please review our Privacy Policy in order to
better understand our commitment to maintaining your privacy, as well as our
use and disclosure of your Information.
4. Pricing
Policy. We reserve the right to
change the pricing of our Services without notice. We will make reasonable efforts to notify you
in advance through posting on www.williampaid.com. Your continued use of the Services will
constitute your acceptance of any such changes.
5. Modification
of this Agreement. WilliamPaid may amend and/or revise this Agreement
(including applicable fees and Service charges) from time to time, in our sole
discretion, by sending you written notice by electronic mail, by regular mail
or by posting the updated terms on our website. Such modifications will become
effective at the date or time provided in such notice but in no event earlier
than twenty-four (24) hours following the earlier of receipt by you or the
posting on our website at www.williampaid.com. If you find the Agreement unacceptable to you
at any time, please discontinue your use of the Services. Your use of the Services after we have made
such changes available will be considered your consent and agreement to the
change. If any modification materially
reduces your rights or increases your responsibility (except for pricing
modifications) as determined by WilliamPaid in its sole discretion (“Material
Change”), we will provide you with thirty (30) days’ prior notice by posting a
notice conspicuously on the website and/or by email to the email address in
your profile. To the extent that a Material Change is unacceptable to a
purchaser of an Extended Period Service (“EPS Purchaser”) and such EPS
Purchaser desires to terminate his Extended Period Service due to such Material
Change, the ESP Purchaser may provide written notice thereof to WilliamPaid
within thirty (30) days of the date notice of the Material Change was made
available, and WilliamPaid shall cancel the ESP Purchaser’s Extended Period
Service and refund a pro rata portion of any pre-paid fees for the portion of
the Extended Period that has not yet occurred as of the date of receipt of notice
by WilliamPaid. Following thirty (30)
days after the date of notice of the Material Change, such change will be
deemed acceptable, and no refunds will be given. Notwithstanding the foregoing, any changes to
the WilliamPaid Cash-back Program may be made as set forth in Section N.
C. Eligibility,
Identity Authentication and Other Information
1. Eligibility. To be eligible to use our Services, you must
be at least 18 years old and a resident of the United States. All transactions
must originate and terminate in the United States, and all payment instructions
must be given from a U.S.-based computer.
All Users must be human (i.e., no machines, scripts or automated
services may be used to access or use the Services or participate in the
WilliamPaid Cash-back Program).
2. Identity
Authentication. Federal law requires certain businesses to obtain, verify
and record information that identifies each person who opens an account. When a User sets up an account with
WilliamPaid, we may ask for the name, address, date of birth, social security
number and other information for each party involved with the transaction,
which will allow us to verify the identification of the parties to the
transaction. If a business is involved
in the transaction, WilliamPaid will ask for the legal name of the business and
the address where the business is located.
We may also ask for other Information and documents to help us verify
the identity of the business.
Accordingly, you authorize WilliamPaid, directly or through third
parties, to make any inquiries we consider necessary to validate your identity
as well as any Information relating to any payment you authorize us to
facilitate on your behalf and comply with such laws. This may include asking you for further Information,
requiring you to take steps to confirm ownership of your email address or
financial accounts, ordering a credit report and verifying your Information
against third party databases or through other sources. If you have any questions, please contact us
via our website at www.williampaid.com/index.cfm/act/contact-us.
3. Fees.
You agree that you will be charged and responsible for WilliamPaid’s product and Service fees and other costs
associated with your use of our Services pursuant to our then-current fee
schedule and these Terms of Use. All
fees are in U.S. Dollars. The current
fee schedule can be found at www.williampaid.com/fees.
All fees will be charged to the credit card we have on file for you, and
you hereby approve such charges. If any
fees are not collected when due, your account may be suspended, in which case
you may be denied access to your account and any scheduled payments may not be
made. You agree that WilliamPaid shall
not be held liable for any such denial or payment stop under any
circumstances. Further, you agree that
any Cash-back in your account may be automatically applied to pay any
outstanding fees without prior notice.
4. Restricted
Activities. In connection with your
use of our website and our Services, or in the course of your interactions with
WilliamPaid or a third party through WilliamPaid, you agree that you will not:
§
Activate multiple registrations without
prior consent by WilliamPaid, whether such registration was completed
fraudulently, falsely or unlawfully, or by legitimate and lawful means such as
the use of alternate but valid names, different contact information, separate
bank-account numbers and other pertinent data
§
Undertake any fraud, intentional or
negligent misrepresentation or any unlawful act relating to the use of
WilliamPaid’s website or Services or otherwise
§
Provide false, inaccurate or misleading
information or otherwise participate in a fraudulent transaction, including,
without limitation, providing payment source information that you have not been
authorized to provide or use
§
Fail to respond in a reasonable and
timely fashion to Communications from WilliamPaid
§
Tamper, hack, modify or otherwise corrupt
the security or functionality of our Services or website
§
Breach these Terms of Use or any other
agreement that you have entered into with WilliamPaid (including any policy to
which you become subject)
§
Violate any law, statute, ordinance or
regulation
§
Infringe WilliamPaid’s or any third
party’s copyright, patent, trademark, trade secret or other intellectual
property rights or rights of publicity or privacy
§
Send or receive what we reasonably
believe to be potentially fraudulent funds or engage in or use our Services in
connection with potentially fraudulent transactions
§
Refuse to cooperate in an investigation
or provide confirmation of your identity or any Information you provide to us
§
Attempt to double dip during the course
of a dispute by receiving or attempting to receive funds from both WilliamPaid
and the payee, bank or credit card company for the same transaction
§
Use our Services in a manner that any of
WilliamPaid, Visa, MasterCard, Discover
or our bank reasonably believes to be an abuse of the credit card system
or a violation of credit card association or banking system rules
§
Provide yourself a cash advance from your
credit card (or help others to do so)
§
Access our Services from a country other
than the United States or attempt to use our Services to send funds to a
location outside of the United States
§
Interfere with or damage our Services,
including, without limitation, through the use of any viruses, Trojan horses,
worms, cancel bots, harmful code, flood pings, denial of service attacks, packet
or IP spoofing, forged routing or electronic mail address information or other
computer programming routines, methods or technology that may damage,
detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or information
§
Use any robot, spider, other automatic
device or manual process to monitor or copy our website without our prior
written permission
§
Use any device, software or routine to
bypass our robot exclusion headers or interfere, or attempt to interfere, with
our website or our Services
§
Submit any materials (through the
Roommate Tools or otherwise) that conflict with any of the User representations
and warranties set forth in these Terms of Use
§
Infringe the rights of any
third party, including, without limitation, intellectual property, privacy,
publicity and/or contractual rights
§
Use the content and
information available through our website and Services for any unauthorized
purpose
§
Use WilliamPaid to make, receive or
facilitate payments relating to the sale or receipt of (a) sexually oriented or
obscene materials or services, (b) narcotics, other controlled substances,
steroids or prescription drugs, (c) wagers, gambling debts or gambling
winnings, regardless of the location or type of gambling activity, (d) tobacco products
or (e) tax and court-related payments
§
Take any action that may cause us to lose
any of the services from our Internet service providers, payment processors,
bank or other suppliers
§
Spam unknown individuals by sending them
unwanted emails to solicit their registration at www.williampaid.com
§
Use our website and
Services to transmit, distribute, post or submit any information concerning any
other person or entity, including, without limitation, photographs of others,
personal contact information or account numbers or any defamatory materials of
any kind, except where a User has obtained express permission from such other
person or entity in connection with any of the foregoing
§
“Stalk” or harass any other User
of www.williampaid.com
§
Collect or store any
information about any other User other than in the course of the permitted use
of www.williampaid.com
§
Use our website and Services
for any commercial purpose whatsoever, including, without limitation, to
advertise, market, promote, sell or otherwise exploit any product or service
§
Sell or otherwise transfer
any User Information (e.g., User profiles) or other User's User Materials
§
Request that we verify any
bill or payment that was not made as represented or is for fraudulent purposes
§
Use any emergency contact
service provided by WilliamPaid for any use htoer than a bona fide emergency
§
Assist (or conspire with) any
third party in doing any of the foregoing
In any case in which WilliamPaid, in its sole discretion, determines that a criminal or civil violation of local, state or federal law has occurred, or may have occurred or is occurring, in addition to terminating access to the Services and WilliamPaid’s website and stripping a User of any referral or rewards cash-back pursuant to the WilliamPaid Cash-back Program, offending parties will be subject to damages and other penalties, including civil liability and criminal prosecution where available for any such conduct. WilliamPaid will contact appropriate administrative and law enforcement authorities in all such instances and shall cooperate fully with any investigation.
5. Notices
to You. You agree that WilliamPaid may provide notice to you by posting it
on our website, emailing it to the email address listed in your account or
mailing it to the street address listed in your account. Such notice shall be considered to be
received by you within 24 hours of the time it is posted to our website or
emailed to you unless we receive notice that the email was not delivered. If
the notice is sent by mail, we will consider it to have been received by you
three (3) Business Days after it is sent. You also consent to allow WilliamPaid
to respond to any inquiries by e-mail regardless of the format of the original
inquiry. You may request a paper copy of any legally required disclosures, and
you may terminate your consent to receive required disclosures through
electronic communications by contacting WilliamPaid as described in Section
C-6. WilliamPaid reserves the right to
close your account if you withdraw your consent to receive electronic
communications.
6.
Notices to WilliamPaid.
Except as otherwise expressly stated herein, notice to WilliamPaid must be sent
by postal mail to: William Paid LLC, Attention: Legal Department, 601 Skokie
Blvd, Suite 2A, Northbrook, Illinois 60062.
D. Extended
Period Services and Other Service Fees
1. Extended
Period Services. Certain Services
(“Extended Period Services”) are purchased for specific and definite periods of
time (e.g., one-month, three-month, six-month or twelve-month periods). Extended Period Services shall be provided
for the period covered by the fee paid by such User as clearly set forth at the
time of purchase or the period otherwise provided in connection with a free trial
(each such applicable period, the “EPS Term”).
Unless otherwise expressly set forth in writing at the time such
Extended Period Services are first activated, upon expiration of the applicable
EPS Term, such Extended Period Services shall automatically be renewed and
repurchased for a period equal to the length of the original EPS Term, and
renewal Service Fees for such Extended Period Services will automatically be
charged, at the then current, non-promotional rate for such EPS Term, to the
credit card or debit card you have provided to us, on the first day of each
successive EPS Term until such Extended Period Service is canceled. Should you choose to discontinue your use of
any Extended Period Services for any reason before the expiration of the then-applicable
EPS Term for which you have paid, you may cancel your Extended Period Services
and terminate further billing by contacting us at www.williampaid.com/index.cfm/act/contact-us.
If you choose to cancel your Extended Period Services, such Services and
renewal billing will terminate at the end of the EPS Term through which your
Extended Period Services have been paid, and you will NOT be entitled to
receive a prorated refund of any portion of your Extended Period Services fee
or any other amount regardless of when you cancel or terminate Extended Period
Services. Because of the discounts
provided in the Extended Period Services packages, all Extended Period Services
are deemed earned by WilliamPaid upon the receipt of payment, and you will have
access to the Extended Period Services for the length of the EPS Term
regardless of when you provide any notice of cancelation. Notice of cancelation must be received by
WilliamPaid at least 48 hours prior to the start of any renewal period in order
for such renewal to be canceled. Notices
received after this timeframe will be applied to the next relevant renewal
period. Any payments you have scheduled
to make that are scheduled subsequent to any termination will not be made,
and you agree that WilliamPaid shall not be responsible therefore. WilliamPaid reserves the right to change the
fees for any subsequent Service period.
2. Free
Trial Periods. In order to
participate in any free trial offer, you must register at www.williampaid.com. You will be asked for valid credit or debit
card information when you sign up for a free trial of any Service. WilliamPaid will verify your credit or debit
card information before processing your trial offer. If you do not cancel your free trial offer at least 48 hours prior to
the end of your free trial period, the Services for which you received a free
trial will continue and the related monthly, non-promotional Service fee will
be billed to the credit card or debit card provided by you when you registered,
on the first day of each successive month unless and until cancelled as
provided herein unless the terms of the free trial promotion provide
otherwise. If you use any of our
Services for which additional fees are incurred during the free trial period, such
fees will be billed to your credit or debit card (or other funding source)
provided to us during registration.
Please note that, if you have ever received a free trial, we may refuse
to give you another free trial, and, in such event, you agree that you will be
charged and responsible for the related monthly, non-promotional Service fee
for such Services otherwise subject to the free trial.
3. No
Refund for Service Fees. All fees
relating to our products and Services, including, without limitation, any
subsequent automatic renewal fees and service fees relating to incomplete
transactions, are non-refundable (except as set forth in Section B-5 of this
Agreement).
4. Services
Provided in Extended Period Services.
The Services included in any Extended Period Services are as set forth
on the website at the time of purchase.
You agree that the specifics of such Extended Period Services may change
from time to time as special offers, products and services become available or are
removed; provided, however, that the Services provided shall (i) be
substantially similar to those described at the time of purchase and (ii) not
be materially decreased. If such a
change is a Material Change, ESP Purchasers shall have the rights set forth in
Section B-5.
5. Other
Service Fees. In addition to
Extended Period Services fees, a ESP Purchaser may incur additional fees in
connection with use of the Services. The current fee schedule can be found at www.williampaid.com/fees. All fees will be charged to the credit card
we have on file for you, and you approve such charges. If any fees are not collected when due, your
account may be suspended, in which case you may be denied access to your account
and any scheduled payments may not be made. You agree that WilliamPaid shall
not be held liable for any such denial or payment stop under any
circumstances. Further, you agree that
any Cash-back in your account may be automatically applied to pay any
outstanding fees.
E. Rent Payment
Facilitation Services
1. Rent
Payment Facilitation Services.
Through WilliamPaid’s rent payment facilitation services, you may use a
credit card, debit card or debit to your bank account to make a rent payment to
your landlord. You may make one such
payment in each calendar month for which you have purchased the Services. WilliamPaid will act as a facilitator by
having our bank, Charter One N.A. (including its successor or replacement, the
“Bank”), receive the funds and fulfill your payment instructions. When using our rent payment facilitation
services, you authorize WilliamPaid and the Bank to designate and direct
payments to other persons or entities in the course of facilitating your
payments. To use the rent payment
facilitation services, you must provide sufficient information to us to
properly identify your payees, direct your payment and permit the payee to
identify you as the payment source upon receipt of a payment. You must complete
all required fields with accurate information, as directed by the online screen
messages. You agree that you will undertake to have WilliamPaid facilitate
payment on your behalf only when you have sufficient funds or credit available
to support their full and effective execution.
Failure to do so may result in additional charges, which you hereby
authorize. You shall not impersonate
another person or use any names or accounts without authorization or undertake
any other type of fraud in connection with your use of WilliamPaid. If you use EFT, you agree to provide
WilliamPaid an authorization in such form as we request. The provision of EFT authorization, bank or
checking account, credit card and debit card information may be used for future
payment activities and charges applicable to your use of WilliamPaid. Except as expressly provided in these Terms
of Use, you agree that all transactions are final and that you may not
subsequently request a chargeback or otherwise cancel or reverse a payment
transaction once we have acted upon your payment instructions. Nevertheless, in the event of a chargeback,
cancelation or reversal, WilliamPaid is entitled to reimbursement from you and
may charge you or any of your bank accounts, credit cards or debit cards with
the amount of the transaction and any resulting fees or charges incurred or
imposed by WilliamPaid as set forth in the then-current WilliamPaid fee
schedule, and you hereby authorize such charge.
You also agree that some credit card issuers may treat certain charges
as cash advances pursuant to a credit card issuer’s terms of use. You agree that you will be responsible for
any charges or fees resulting therefrom.
You are responsible for assuring compliance with any agreements, terms
or conditions applicable to your credit card, debit card or bank account as
well as all costs associated therewith.
Please note that we reserve the right to establish daily limits and
transaction limits.
2. Payment Execution. Payments facilitated through
www.williampaid.com may take several days to clear or be fully executed. For this reason, your credit card will be
charged, your debit card will be debited or an EFT will be initiated up to
three (3) business days prior to the mailing date of your payment (or, in the
event your payment is going to a Registered Landlord, prior to the due date) in
order to ensure timely payment. The
timing of the mailing of the payment (or, in the case of payments to Registered
Landlords, the payment) will be set forth when you schedule a payment. YOU MUST HAVE FUNDS AVAILABLE (IN THE CASE OF
EFT PAYMENTS) OR CREDIT AVAILABILITY (IN THE CASE OF CREDIT CARD PAYMENTS)
THREE (3) BUSINESS DAYS PRIOR TO THE MAILING DATE (OR IN THE EVENT OF YOUR
PAYMENT IS GOING TO A REGISTERED LANDLORD, PRIOR TO THE DUE DATE). We remit two types of payments on your behalf
to your payees – electronic and paper check. If your payee is a Registered
Landlord, we will deliver your payment electronically so that payments are
received as quickly as possible. Other payees that are not capable of accepting
electronic payments are paid by paper check issued on your behalf. The type of
payment to a payee will determine the date any payment will be withdrawn or
charged. We reserve the right to refuse
to pay any payee whom you may designate for a payment. We will attempt to notify you promptly if we
decide to refuse to pay a payee you have designated. This notification is not
required if you attempt to pay tax or court-related payments or payments to
payees located outside the United States or as otherwise prohibited under this
Agreement. Payment changes or
cancelations must be made prior to 12:00 p.m. EST on the day before a payment
is to be charged to your credit or debit card or debited from your bank account.
3. Ownership
of Funds. Until our Bank forwards
your funds pursuant to your payment instructions, these funds remain yours, and
the Bank holds them solely for your benefit.
These funds, until payment is made, will be held in a concentrated account
at the Bank for your benefit (“Concentration Account”). The Bank and WilliamPaid shall be permitted
to commingle funds remitted by other WilliamPaid customers for payment to
designated payees with such funds held for their benefit. WilliamPaid acknowledges and agrees that you
have an undivided beneficial ownership interest in the funds maintained in the
Concentration Account, which undivided beneficial ownership interest shall, on
any date, be a percentage equal to (x) the amount of your funds that have been
deposited in the Concentration Account and have not been disbursed from the
Concentration Account as of such date divided by (y) the aggregate of
all funds in deposit in the Concentration Account on such date. WilliamPaid is not a bank, savings and loan
or regulated financial institution. You
will not receive any interest on payment amounts for time that elapsed between
the processing of your credit or debit and the completion of the funding by the
Bank. You agree that any interest that
accrues on funds in the course of a transaction shall belong to
WilliamPaid. Even though the funds
remain yours when held by the Bank, you may not access such funds or cancel any
transaction except through www.williampaid.com
and as provided in these Terms of Use.
WilliamPaid represents and warrants that it shall not use any funds in
the Concentration Account to make any payment for its own account.
4. WilliamPaid Payment Guarantee;
Payment Liability. If we discover a
processing error for a transaction we facilitated on your behalf using the
express payment instructions you provided to us, we will rectify the error
subject to the limitations of this Section E-4.
If the error resulted in our not processing a transaction on time or in
the correct amount based upon your specific payment instructions (“Guaranteed
Error”), we will be liable for your losses or damages directly caused by the
Guaranteed Error and incurred by you upon our receipt of evidence of such
losses, to the limit set forth herein. For the avoidance of doubt, we shall be
deemed to have “completed a transaction on time” so long as (i) payment was
deposited in the U.S. mail system on or before the mailing date that you
selected when scheduling payment or (ii) in the case of payments being made to
Registered Landlords, the EFT to the Registered Landlord was made on or before
the due date that you selected when scheduling your payment. Notwithstanding anything to the contrary,
unless otherwise provided herein, a failed or delayed transaction shall not be
a Guaranteed Error, and we shall not be liable for any such payment
transaction, in the event of any of the following: (i) through no fault of
ours, you did not have enough available funds (or credit availability) to
complete the transaction or such transaction failed or was not authorized for
any reason, (ii) our system was not working properly and you knew about the
breakdown when you executed the transaction, (iii) circumstances beyond our
control (such as fire or flood, loss of Internet connection or any other force
majeure event) prevented the transaction, despite our reasonable precautions,
(iv) WilliamPaid followed the payment instructions as provided by you, (v)
payment was refused by the payee, (vi) the payment was not made due to
suspected fraud or our determination not to honor a payment authorization
pursuant to these Terms of Use, (vii) there was a failure of communications,
hardware, software or other systems of WilliamPaid or (viii) the error resulted
from a problem or delay in the Automated Clearinghouse, EFT or other banking
system. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR GUARANTEED ERRORS SHALL BE LIMITED
TO THE LESSER OF YOUR ACTUAL LOSSES AND FIFTY DOLLARS ($50.00) PER GUARANTEED
ERROR. THE WILLIAMPAID PAYMENT GUARANTEE
SHALL BE THE SOLE AND EXCLUSIVE REMEDY FOR ANY GUARANTEED ERROR OR ANY PAYMENT
FAILURE OR DELAY. This WilliamPaid
Payment Guarantee shall only apply to Guaranteed Errors and shall not apply in any
other situation. WilliamPaid reserves
the right to require third party verification of such damages (including an
Affidavit by the intended payee) prior to payment hereunder. Further,
WilliamPaid reserves the right to take remedial actions in its discretion
including the delay, suspension or termination of a transaction in the event it
believes it may be invalid or unauthorized use due to fraud, mistake, violation
of these terms or any other reason, and any resulting processing delay or
failure due to such action shall not be deemed a Guaranteed Error for purposes
of the WilliamPaid Payment Guarantee, and WilliamPaid shall not be liable for
any payment delay or failure thereof.
Further, WilliamPaid shall not be liable for any Guaranteed Error to the
extent that a User had knowledge of a processing error and could have mitigated
any damages relating hereto. The
WilliamPaid Payment Guarantee shall not apply to resubmitted payments or
payments made after a funding source was unsuccessfully processed and shall not
apply to expedited payments. You agree
that WilliamPaid shall only be liable for payment failures and delays that are
covered by the WilliamPaid Payment Guarantee and that WilliamPaid shall not be
liable for any other payment failures or delays regardless of reason (“Other
Payment Failures”). You agree to
indemnify and hold WilliamPaid harmless for any Other Payment Failures. For the avoidance of doubt, in the case of
payments to landlords that are not Registered Landlords, a payment shall be
deemed properly processed so long as a check was deposited in the U.S. mail on
or prior to the date User selected when the payment was scheduled (with
Saturday, Sunday and holiday mail dates being deemed to occur on the next
following Business Day).
Please keep in mind that you will always
be primarily responsible for ensuring that proper payment is received by your
payee in a timely manner.
5. Payment
Completion; No Reversals. Completion
of a payment is contingent on both the authorization of the payment by the
applicable credit or debit card company or the paying bank and acceptance of
the payment by the relevant payee and financial institution. In the event that a payment is unable to be
processed, WilliamPaid will attempt to notify you at least once using the
contact information in your account. In
the event the applicable payee you are attempting to pay fails to accept
payment, (i) your payment liability to such payee may remain outstanding and
unpaid and may be subject to penalties, late fees and interest charges assessed
by the relevant payee, all of which remain your responsibility and (ii) any
payment we have processed that has not been accepted will be returned to you
(except for any WilliamPaid Service fees, which we shall be entitled to
retain). In all other cases, where the
credit or debit card was accepted or the electronic payment authorized and the
payment was accepted by the payee, you acknowledge and agree that no refunds,
cancellations or chargebacks are permitted.
You agree that you will not hold WilliamPaid liable for any damages
resulting from the failure of an applicable credit or debit card company to
authorize a transaction or a recipient's decision not to accept a payment made
through WilliamPaid. Any delay in or
failure to complete a payment due to any failure of authorization or acceptance
shall not be a Guaranteed Error.
6.
Recurring Payments. You may authorize WilliamPaid to process a
given transaction on a regular basis. If
so authorized, WilliamPaid will make these payments, subject to these Terms of
Use, until you provide notice to cancel such recurring payments. You may cancel a recurring payment at any
time prior to 12:00 p.m. EST on the day before a payment is to be charged to
your credit or debit card or debited from your bank account. Such cancelation
may be made by accessing your account at www.williampaid.com or by calling
(877) 8-WILLIAM
(877-894-5542). If you cancel a
recurring payment by calling us, we may require that you follow up the call
with a written request. If you cancel a recurring payment, you may still be
liable to the payee for the payment and be required to pay the payee through
alternative means.
7.
Non-Sufficient Funds. If we attempt to execute your payment based
upon your payment instructions and you do not have sufficient funds available
for withdrawal for such payment, your payment will not be processed and you
will be charged an NSF fee (as set forth on the then-current fee
schedule). If you have more than one NSF
transaction in any twelve (12) month period, we will no longer permit ACH
transactions for your payments. You will
be able to use our Flex-Pay option, though, and pay your rent using a credit or
debit card. You will not be entitled to
any refund for any EPS purchased.
8. Taxes. It is your responsibility
to determine what, if any, taxes apply to the payments you make or receive, and
it is your responsibility to collect, report and remit the correct tax to the
appropriate tax authority. WilliamPaid
is not responsible for determining whether taxes apply to your transaction or
for collecting, reporting or remitting any taxes arising from any transaction.
F. Credit
Reporting Services
1.
Credit Reporting. WilliamPaid reserves the right to report
payments made through our rent payment facilitation service to a credit reporting
agency to help parties establish a credit history. Users of our rent payment facilitation
services may elect to have their payments reported by selecting this
Service. Payments will be reported to
Pay Rent, Build Credit, Inc. (“PRBC).
For more information on PRBC, please see their website at
www.prbc.com. WilliamPaid may, from time
to time, add additional national credit bureaus at its discretion. Subject to the Fair Credit Reporting Act, the
following restrictions apply to all Users who have their payments reported to a
credit-reporting agency:
§
Once payments have been reported by
WilliamPaid, the reporting of those payments cannot be canceled.
§
Any decision as to the status of a
payment (e.g., late, missed, etc.) is at the sole discretion of WilliamPaid,
and all parties agree to hold WilliamPaid harmless from any claim or expense
arising from WilliamPaid’s assignment of a status to a payment.
§
Notwithstanding the above, parties may
dispute an entry on the credit report. See WilliamPaid’s Credit Reporting
Dispute Resolution Policy.
§
WilliamPaid is not responsible for how
any credit reporting agency may manage the information (subject to the Credit
Reporting Dispute Resolution Policy and the Fair Credit Reporting Act).
2.
Not Credit Repair
Organization. WilliamPaid and its affiliates are not credit
repair organizations and are not offering to sell, provide or perform any
service to you for the express or implied purpose of either improving your
credit record, credit history or credit rating or providing advice or
assistance to you with regard to improving your credit record, credit history
or credit rating. You acknowledge and agree that you are not seeking to
purchase, use or access any of the Services in order to do so. Please note that accurate adverse information
on your credit report cannot be changed.
3. Potential Effect of Termination of
Credit Reporting. Once payment for a
particular bill or account has been reported to a credit reporting agency, the
cessation of the reporting such bill or account to a credit reporting agency
may negatively impact a bill payer’s credit history, including the subsequent
reporting of such bill or account following a period of no reporting on such
bill or account. WilliamPaid shall not
be liable for any adverse impact on a User’s credit score or history if a User
ceases using WilliamPaid’s rent payment facilitation services.
4. Bill
Verification Service. Bill Verification Services are performed
by PRBC, Inc. (“PRBC”) and not by WilliamPaid.
Any User of Bill Verification Services agrees to address all issues with
PRBC as provided herein. In connection
with the Bill Verification Services, User acknowledges that PRBC is a 'consumer
reporting agency', or credit bureau, as defined by the Fair Credit Reporting
Act (FCRA). As a consumer reporting agency, PRBC's consumer protection policies
and procedures are regulated under the provisions of the FCRA, the
Gramm-Leach-Bliley Act (GLB), and by state laws. User acknowledges that PRBC is
not a credit repair organization and that a PRBC Verification does not change,
modify, or otherwise influence a user’s file or score in any other credit
bureau, nor does PRBC charge consumers a fee for advice on how to change,
modify, or improve their file or score in any other credit bureau. Rather, when a User orders a Bill
Verification of prior bill payments, it is for the sole and exclusive purpose
of building a Bill Payment History in the PRBC data repository and a PRBC Bill
Payment Scoresm or (BPSsm). To read about the PRBC BPS,
please use this link http://prbc.com/consumers/how/bps.php.
5. Bill Verification Service
Representations. User acknowledges
that he or she has read and understands Section 202.6 (b) of the Equal Credit
Opportunity Act (ECOA). In summary, ECOA
S. 202.6 (b) requires that whenever a traditional credit report and score are
used to determine credit-worthiness (e.g. from Equifax, Experian, TransUnion or
Fair Isaac), additional information about the applicant's accounts that is
missing from those credit bureaus and scores, but which applicant makes known,
must be considered. Please use this link to view ECOA S. 202.6(b) http://prbc.com/pub/PRBC_ECOA_Advisory.pdf. PRBC and WilliamPaid make no representation
or warranty that a User’s PRBC file or BPS will be considered whenever a
traditional credit report and score are used to determine their
credit-worthiness or what weight it will be given. PRBC will, however, make a
User’s PRBC file and BPS available to PRBC Data Subscribers and PRBC Resellers,
only with the User's consent, for ‘permissible purposes’ under the Fair Credit
Reporting Act such as when User applies for housing, utility hook-up, phone or
Internet service, credit, insurance, and employment. PRBC will not sell User's name or PRBC
information on a mailing list, or to solicitors. User represents and warrants that the
documentation he or she submits for Bill Verification is true and correct, and
User certifies that the documentation is provided so that PRBC Data Subscribers
may rely upon it in good faith. User acknowledges that he or she understands
that PRBC has procedures in place to verify and update information about the
User to ensure file accuracy. These
procedures require that the User and other persons with credit information
about the User, who are also known as "furnishers" under the FCRA,
provide complete and accurate information to PRBC. User agrees to comply with the
responsibilities of furnishers of information to consumer reporting agencies
under the Fair Credit Reporting Act. User understands that (i) if PRBC is unable
to verify the information, no such information will be included in the User’s
PRBC file and (ii) the Verification results, as collected and verified, will be
included in the User’s PRBC file and considered in the User’s BPS even if such
verification or results are negative.
6. Indemnification for Bill
Verification Service. User agrees to
hold WilliamPaid and the Indemnified Parties harmless for any and all matters,
issues or claims in connection with the PRBC-delivered Bill Verification
Services. User agrees that PRBC will
make commercially reasonable attempts to verify the information provided by
User, but, if PRBC is unable to verify the information with commercially
reasonable efforts, it shall not be required to do so and, in such event, no
refunds shall be provided.
7. Responsibilities
of Furnishers of Information. Please
read the following:
§ 623. Responsibilities of furnishers of
information to consumer reporting agencies [15 U.S.C. §
1681s-2]
(a)
Duty of furnishers of information to provide accurate information.
(1)
Prohibition.
(A)
Reporting information with actual knowledge of errors. A person shall not
furnish any information relating to a consumer to any consumer reporting agency
if the person knows or consciously avoids knowing that the information is
inaccurate.
8. No
Refund for Bill Verification. Once
an order for Bill Verification is placed, no Bill Verification fees shall be
refunded under any circumstance, including, without limitation:
a.
It is determined fraudulent documentation
has been provided for verification,
b.
User does not provide required proof of
payment.
c.
User fails to respond to requests to
provide information required to complete the
verification.
d.
PRBC is unable to complete the
Verification for any reason after commercially reasonable attempts.
9. Accurate
Information. You agree to provide
only accurate and truthful information to WilliamPaid in connection with
payment facilitation services and other credit-related Services (including,
without limitation, Bill Verification) and hold WilliamPaid and the Indemnified
Parties harmless from any loss resulting from the provision of inaccurate or
false information.
10. Provision
of Advice. WilliamPaid provides
information on credit and student loans merely as an informational service to
its Users and does not represent that such information will be accurate,
complete and/or up-to-date. User
represents that he will not rely on such advice in making any credit decisions
or purchasing any product.
G. User Agreements
1.
Legal Representation. You agree and acknowledge that WilliamPaid is
not a lawyer or law firm nor is it authorized to practice law in any
jurisdiction. WilliamPaid does not give legal advice in any form or practice
law in any way, and none of the employees, agents or affiliates is acting as
your attorney. Use of any User Agreement
and the use of our website and the Services is not intended to create an
attorney-client relationship, and by using our website and Services and
purchasing or using any User Agreement, no attorney-client relationship will be
created with WilliamPaid or any of its employees, agents or affiliates. Instead, you are representing yourself in any
legal matter you undertake through use of the User Agreements. Neither use of any User Agreement nor our
website or the Services is a substitute for the advice of a licensed attorney. WilliamPaid and its affiliates are not
responsible for any loss, injury, claim, liability or damage related to the use
of our website or the Services and any User Agreement, whether from errors or
omissions or any other basis of liability.
WilliamPaid makes no assurances or warranties, express, implied or
statutory, that any User Agreement or the terms thereof are legally enforceable
in a specific jurisdiction by any competent court or administrative body. Further, any subsequent modification by a
User is done solely at the risk of the party making the changes.
2.
Goal and content of User Agreement. The User Agreements have been drafted by an
3. Disclaimer
of Warranty. USERS HEREBY AGREE THAT
WILLIAMPAID PROVIDES THE USER AGREEMENTS “AS IS” AND, AS PERMITTED BY GOVERNING
LAW, WITHOUT ANY WARRANTIES WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY
EXPRESS OR IMPLIED WARRANTY AS TO TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR
FITNESS FOR A PARTICULAR PURPOSE. SEE
LIMITATION OF LIABILITY AT SECTION K-4, WHICH SHALL APPLY TO USER AGREEMENTS.
H. Use
of Roommate Tools, Community Services and User-Provided content
1. Roommate Community. In addition to our other Services,
WilliamPaid offers Users the opportunity to participate in community
applications that include, without limitation, the Roommate Tools, which
include a shared calendar, bill sharing and management function, message board
and User Agreements as well as community media applications, such as
interactive audio songs and social networking services. Some Roommate Tools allow Users to submit User
Materials through our website and have such content distributed or shared
either to a select group of individuals or to the general public through www.williampaid.com. User understands that the bill sharing and
management function does not pay any bills on behalf of User.
2. User Conduct and Guidelines. In use of the Services, User agrees to act responsibly in
a manner demonstrating the exercise of good judgment, including, without
limitation, complying with the restricted activity limitations set forth at
Section C-4. You are required to use the
Roommate Tools responsibly, just as you would act responsibly when
communicating or interacting with others in your offline communities. As a result, we expect and require that you
take full responsibility for your User Materials that you post or send through
our website or Services. We have
established some guidelines that we hope will increase your awareness of your
responsibilities to others when using the Roommate Tools and will enhance your
enjoyment of www.williampaid.com. These following guidelines are incorporated
by reference into these Terms of Use. We
may update these guidelines from time to time.
§
Do contribute responsibly
§
Do treat others in the roommate community with respect
§
Do let us know if you come across content that you find
offensive, possibly unlawful or that you believe otherwise violates these
guidelines
§
Don’t upload, post, email, transmit or otherwise make
available any content that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, harmful, invasive of
privacy or publicity rights, abusive, inflammatory or otherwise objectionable
§
Don’t provide any content that encourages a criminal
offense or violates the rights of any party
§
Don’t impersonate anyone else or misrepresent your
affiliation with a person or entity
§
Don’t participate in any unauthorized or unsolicited
promotions, advertising, junk mail, spam, chain letters, pyramid schemes or any
other form of solicitation or otherwise use our website for a commercial
purpose
§
Don’t violate any applicable local, state, national and
international law or regulation
§
Don’t provide any correspondence from or content of
another party without such party’s permission
§
Don’t interfere with, interrupt, destroy or limit the
functionality of our website or Services or any computer software or hardware
or telecommunications equipment
§
Don’t harass others
§
Don’t use other User personal data for purposes other
than as reasonably expected through use of the Services
§
Don’t try to gain unauthorized access to our website or
Services, other User accounts or computers connected to our website
WilliamPaid may terminate the access of Users who are violators, or
believed to be violators, of the foregoing, including those who are infringers
of third-party intellectual property rights, and may prohibit them from
creating new accounts with or otherwise using WilliamPaid.
3. User Responsibility.
User is solely responsible for all content (including, without limitation,
User Materials) published or displayed through User’s account or otherwise on www.williampaid.com,
including, without limitation, any messages for any distribution, and for User’s
interactions with other Users. User is
solely responsible for User’s interactions with other Users of www.williampaid.com. WilliamPaid is not responsible for any damage
or harm resulting from User’s interactions with other Users of www.williampaid.com.
We reserve the right, but shall have no obligation, to monitor interactions
between a User and other Users of our website and Services and take any action
in good faith to restrict access to or the availability of any material that WilliamPaid
or another User of our website and Services may consider to be obscene, lewd,
defamatory, lascivious, filthy, excessively violent, harassing or otherwise
objectionable.
4. Privacy. The
roommate community at www.williampaid.com is designed to allow users to post
content (e.g., information about themselves) for limited or public review and
comment, both in public forums and with limited, private messaging.
Accordingly, by submitting User Materials and/or any personal information to www.williampaid.com,
User thereby waives any and all privacy expectations (including, without
limitation, the privacy expectations of any other individual who appears in the
User Materials or otherwise) with respect to WilliamPaid’s use of the User
Materials. If User chooses not to have his/her
content, picture, video or any other profile information about themselves
viewable by any audience, User should not participate in WilliamPaid’s roommate
community or otherwise use the Roommate Tools.
WilliamPaid may collect certain Information from a User that is not
displayed on our website. Please click here to view our Privacy Policy
concerning such Information.
5. Ownership. User
shall at all times retain all right, title and interest in and to the User
Materials provided by User hereunder (including, without limitation, the
copyrights therein and thereto), subject to the non-exclusive rights granted to
us under this Agreement. User is free to grant similar rights to others during
and after the term of this Agreement. For the avoidance of doubt, when User
submits User Materials to our website, User acknowledges that other Users may
use the User Materials as described herein. User acknowledges and agrees that WilliamPaid
is, and shall at all times remain, the sole and exclusive owner of all right,
title and interest (including, without limitation, copyright), in and to our
website, the Services and all other content owned by WilliamPaid, and that
User’s right to use such items as set forth herein, shall be for personal,
non-commercial use only and shall not in any way transfer or convey any
ownership rights or other proprietary interests therein to User.
6. License.
Unless otherwise agreed between User and WilliamPaid in a writing signed
by both parties, User hereby grants to WilliamPaid a worldwide, royalty-free,
non-exclusive license to do the following things in perpetuity:
a. to prepare and encode User Materials, or any portion
thereof for electronic, digital and/or
other transmission, manipulation and exhibition in any format and by any means now known or hereafter devised;
b. to display, copy,
reproduce, create derivative works of, exhibit, publicly perform, broadcast, rebroadcast,
transmit, retransmit, promote, distribute through any means (including electronic, analog and digital), and publish
and/or otherwise exploit, in digital or physical
form, any or all of the User Materials, including any portion thereof, and to include any such materials in compilations
or other works, by any and all means
in all media now known or hereinafter created, anywhere in the world, and for any purpose (for
avoidance of doubt, the rights granted to WilliamPaid
hereunder include the rights to make User Materials available on www.williampaid.com, third-party websites
and electronic devices);
c. to modify, adapt, change
or otherwise alter and create derivative works of the User Materials and use the User Materials as described
herein;
d. to license and/or sublicense to any third party any of the foregoing rights
in the User Materials, or any part
or element thereof, subject to the terms and conditions
of these Terms of Use. User
hereby disclaims any and all right, title, or
interest in any and all material with which User Materials may be combined or into which all or any portion of User
Materials may be incorporated. User acknowledges
and agrees that all right, title and interest (including, without limitation, copyright, trademark and other
intellectual property rights) in and to any
and all content, elements and materials created by or for WilliamPaid incorporating all or any portion of the User
Materials shall be exclusively owned and
controlled by WilliamPaid.
e. to share such User Materials, or any
portion thereof, with affiliates or marketing partners
for the purpose of marketing products and services and for any other purpose.
7. Name and Likeness. User hereby grants to WilliamPaid
perpetual, worldwide, royalty-free, non-exclusive license to use (i) User’s
name(s), photograph, voice and/or likeness(es) and biographical materials and
(ii) any other individual’s name, photograph and/or likeness and biographical
materials, where such other individual appears in the User Materials, in
connection with the distribution, exploitation, promotion, marketing and
advertising of WilliamPaid, as described hereunder. User also agrees not to assert any privacy,
publicity, moral or similar rights held by User (and to the extent any other
person(s) whose name(s), photographs and/or likeness(es) and/or performances
are embodied in the User Materials, User represents and warrants that it has
obtained all necessary consents from such third parties consistent with the
full scope of rights granted to WilliamPaid pursuant to these Terms of Use, and
User agrees that such persons shall not assert of any intellectual property,
privacy, publicity, contractual, moral or similar rights or make any claims
that any User Materials are objectionable or otherwise defamatory) under the
laws of the United States and any other country in connection with the
exploitation of such materials as described hereunder.
8. Third Party content.
Our website may contain content from third parties (‘Third Party
content”), either via our website or through links to third party web sites. WilliamPaid
does not control Third Party content and makes no representations or warranties
about it. Under no circumstances will WilliamPaid be liable in any way for any
Third Party content, including, without limitation, any errors or omissions in
any Third Party content or any loss or damage of any kind incurred as a result
of the use of any Third Party content posted, stored or transmitted via our
website. User agrees to evaluate, and bear all risks associated with, Third
Party content, including, without limitation, profiles of other Users of our
Services.
9. User Materials. User acknowledges that,
once User Materials are integrated into any WilliamPaid platform or Service
(e.g. photos, audio files, videos, promotion or production, regardless of media
format), the license terms for such materials, as set forth in this Section H,
shall extend in perpetuity. Further User
represents and warrants that:
a. User has the full right and power to enter into
and perform these Terms of Use and to
grant WilliamPaid all rights to use the User Materials as contemplated in these Terms of Use, including, without limitation, the
license grants herein;
b. User exclusively owns
and/or controls all right, title and interest (including, without limitation, copyright) in and to the
User Materials and has secured all necessary
third-party consents, rights, licenses and permissions, if any, required in order for User to enter into and perform
these Terms of Use and to grant WilliamPaid
all rights to use the User Materials as contemplated in these Terms of Use (including, without limitation,
consents and permissions from owners of any
elements that are used or otherwise incorporated into the User Materials);
c. the User Materials (and WilliamPaid's use thereof as
contemplated under these Terms of
Use) do not and will not infringe on any rights of any third party, including any trademark, copyright,
patent, trade secret, right of privacy or publicity
or moral rights of any third party;
d. all
information that User has provided or will provide to WilliamPaid is true and complete;
e. the
User Materials do not and will not violate any law, statute, ordinance or regulation;
f. the
User Materials do not and will not: (i) be defamatory, libelous, slanderous, or
threatening; (ii) contain sexually
explicit content that is pornographic, obscene, harmful to minors, violations of child pornography or child
sexual exploitation laws; (iii)
denigrate any ethnic, racial, sexual or religious group by stereotypical depiction or otherwise; (iv) exploit images
or the likeness of any individual other than
User (except where User has obtained express permission from such other individual(s) for such exploitation);
(v) encourage or otherwise depict glamorized drug
use; (vi) make use of offensive language or images; (vii) promote physical harm of any kind against any
individual or group or characterize violence as acceptable, glamorous or desirable; (viii) contain any
personal contact information of
User or any other individual; (ix) promote an illegal or unauthorized copy of another person's
copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy protect
devices, or providing pirated music or links to pirated music files; (x) provide instructional information about
illegal activities such as making or
buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (xi) solicit
passwords or personal identifying
information for commercial or unlawful purposes from other users; and/or (xii) engage in any commercial
activities whatsoever and/or sales without WilliamPaid’s
prior written consent; and
g. the
User Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere
with computer systems or data, whether those
of WilliamPaid or any third party.
10. Monitoring
and Enforcement. We do not actively
monitor the message boards and other Roommate Tools or the content that is
posted or provided through such tools, nor are we obligated to do so. And since we don’t, and may not have the
ability to control or actively monitor the content, we don’t guarantee its
accuracy, integrity or quality nor are we responsible for any content. Because community standards vary and
individuals sometimes choose not to comply with our policies and practices, in
the process of using our website and the Services, you may be exposed to
content that you find offensive or objectionable. You can contact our Customer Service
Department to let us know of content that you find objectionable or report any
potential objectionable content to us at www.williampaid.com/contactus. We may investigate the complaints that come
to our attention. If we choose to
investigate the complaint, we will take any action that we believe is
appropriate in our sole discretion, including, without limitation, issuing
warnings, removing the content or terminating memberships and use of our
website and services. However, because
situations and interpretations vary, we also reserve the right not to take any
action. In such cases, we may not remove
content that you believe is objectionable or offensive. Please remember that you can always choose to
refrain from using any part of our website that exposes you to something that
you are uncomfortable with. Under no
circumstances will we be liable in any way for any content, including, but not
limited to, any errors or omissions in any content, or any loss or damage of
any kind incurred as a result of the use of, access to, or denial of access to
any content.
11. Use
of ReachMe Service. User of ReachMe
hereby explicitly acknowledge that the indemnification and liability provisions
of Section K, including, without limitation, Sections K-3, K-4 and K-5, shall
apply to its use of ReachMe and that User shall not hold WilliamPaid or any
Indemnified Party responsible in the event of ReachMe’s failure to execute as
described or for any delay or failure in reaching any party.
I. Termination of Usage of WilliamPaid’s Services and Website
1. Termination
by User. Termination of any Extended
Period Services shall be as set forth in Section E. Any User may terminate use of any other
Services simply by ceasing use. Despite
cessation of usage, no refunds will be issued as except as expressly set forth
in this Agreement. The obligations of
the parties to this Agreement shall survive even after termination.
2. Credit
Reporting Services. WilliamPaid will
report only payments that are made through use of our Services for those
individuals who have elected that their payments be reported. Accordingly, upon termination of any rent
facilitation services, WilliamPaid will cease reporting any such payments to
the credit reporting agency. See Section
F-3 for potential effects of ceasing credit reporting.
3. Termination
by WilliamPaid. We, in our sole discretion, reserve the right to terminate
this Agreement, access to our website or access to the Services or cancel your usage
for any reason and at any time upon notice to you. If we close your account, terminate your use
of our Services or cancel your ability to access the Services for any reason,
we will provide you with notice of our actions.
If we limit access to your account, we will provide you with notice of
our actions and the opportunity to request restoration of access, if
appropriate. An individual whose account is (or accounts are) terminated or Services
cancelled may be denied further access to the secure portion of our website and
future use and enjoyment of the Services.
Users will remain liable for all outstanding obligations to WilliamPaid
under this Agreement even after any such termination. WILLIAMPAID ASSUMES NO LIABILITY FOR ANY
CLAIMS ASSERTED AGAINST OR BETWEEN ANY USER (OR FORMER USER) AND A THIRD PARTY,
INCLUDING, WITHOUT LIMITATION, A LANDLORD, RESULTING FROM WILLIAMPAID’S
TERMINATION OF ACCESS TO OUR WEBSITE AND/OR SERVICES.
J. Errors and Unauthorized Transactions
1. Identifying
Errors and/or Unauthorized Transactions. You can inspect your transaction
history at any time by logging in to your account on the WilliamPaid website. You
agree that you will immediately notify WilliamPaid if you have reason to
believe any of the following activities have occurred: (i) there has been an
unauthorized transaction sent from your account; (ii) there has been an
unauthorized access to your account; or (iii) your password has been
compromised (“Improper Account Access”).
2
. Notifying WilliamPaid of
Errors and/or Unauthorized Transactions. To notify us if you believe there
has been or will be an error or unauthorized transaction on your account,
please immediately call WilliamPaid Customer Service at (877) 8-WILLIAM (877-894-5542) or contact us
at www.williampaid.com/index.cfm/contact-us. If you initially
provide information to us via the telephone, we may require that you send your
complaint or question in writing within ten (10) Business Days after the phone
contact. Please complete the report form and submit it online or mail it to
WilliamPaid LLC, Attn: Error Resolution Department, 601 Skokie Blvd Suite 2A,
Northbrook, IL 60062.
3.
Review of Reports of Errors
and/or Unauthorized Transactions. We will typically conclude an
investigation within ten (10) Business Days after we receive your notice. If we
have made an error, we will correct it promptly. If we need more time, however,
we may take up to a total of forty-five (45) Business Days to investigate your
complaint or question. If we decide that
we need more time, we will provisionally re-credit your account for the amount
you think is in error within ten (10) Business Days after we receive your
notice, so that you will have use of the money during the time it takes us to
complete our investigation. If you
initially provided information to us via the telephone and we do not receive
your complaint or question in writing within ten (10) Business Days after your
oral notice, we are not required to provisionally re-credit your account. At the end of our investigation, we will
advise you of the results. If we
determine that there was no error, we will send you a written explanation, and
we may debit any provisional credit that we previously credited to you in
relation to the alleged error. You will
remain responsible for such amounts if WilliamPaid is unable to debit your
account, and you agree to pay us within three (3) Business Days of written
request thereof. You may ask for copies
of the documents that we used in our investigation.
4. Liability
for Unauthorized Transactions. If you report to WilliamPaid that there has
been an Improper Account Access related to your account within three (3) days
of the time that you knew or should have known about such Improper Account
Access, and we verify such information, we will reimburse you in full for all
unauthorized transactions sent from your account that occur within thirty (30)
days of the time that you knew or should have known about the Improper Account
Access. If you do not report the
Improper Account Access to WilliamPaid within three (3) days of the time that
you knew or should have known about it, we will still reimburse you in full for
all unauthorized transactions sent from your account that took place within or
before that 3-day period, but you may be liable for all unauthorized
transactions resulting from the Improper Account Access that occur on Day 4 and
beyond (if we can demonstrate that we could have avoided any losses if you had
notified us in a timely manner).
Notwithstanding the foregoing, if we have provided you with notice of an
account change that you did not authorize, we will not be liable for any
unauthorized transactions following such notice to you.
WilliamPaid will not cover any
losses associated with Improper Account Access that are not caused by us or
within our control, including, without limitation;
- Your input errors or errors made
by your payees
- Your negligent handling of login
credentials and passwords
- Your failure to completely log out
of our website or logging in to our website and leaving your computer
unattended
5. Risk
of Loss. In the event of a system failure or interruption, your data may be
lost or destroyed. Any transaction(s) that you initiated, were in the process
of completing or completed shortly before a system failure or interruption
should be verified by you through means other than online to ensure the
accuracy and completeness of such transaction(s). You assume the risk of loss
of your data during any system failure or interruption and the responsibility
to verify the accuracy and completeness of any transaction(s) so affected.
K. Liability
1.
Your Liability. You are
responsible for all reversals, chargebacks, claims, fees, fines, penalties and
other liability incurred by WilliamPaid or a third party caused by or arising
out of your breach of these Terms of Use or any other agreement between you and
us and/or your use of our Services. You
agree to reimburse WilliamPaid or a third party for any and all such liability.
2.
Actions by WilliamPaid. If
we have reason to believe that you have engaged in any Restricted Activities,
we may take various actions to protect WilliamPaid, a third party or you from
reversals, chargebacks, claims, fees, fines, penalties and any other liability
though you remain ultimately responsible for such amounts. Such actions may include, without limitation,
failing to process a transaction, restricting access to our website or the
Services, terminating your membership, mitigating a lawsuit and involving law
enforcement officials.
3. Indemnification. You agree to indemnify and hold us and our
subsidiaries, parents, affiliates, officers, directors, agents, employees,
consultants, customers and suppliers (each, an “Indemnified Party”) harmless
from any claim or demand, including reasonable attorneys’ fees, made by any
Indemnified Party or any third party due to or arising out of (i) your use of
WilliamPaid’s Services and website, (ii) your breach of these Terms of Use
(including, without limitation, engaging in any Restricted Activities) or any
other agreement between you and us, (iii) your violation of any law or right of
any third party or (iv) use of the User Materials.
4. LIMITATIONS OF LIABILITY. IN NO
EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, DISCLOSURE OF INFORMATION OR LOSS OF
PRIVACY), HOWEVER ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR
SERVICES OR THESE TERMS OF USE INCLUDING NEGLIGENCE EVEN IF WILLIAMPAID HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or
limitation of incidental or consequential damages so the above limitation or exclusion
may not apply to you. ANYTHING TO THE
CONTRARY NOTWITHSTANDING, THE CUMULATIVE LIABILITY OF ANY INDEMNIFIED PARTY TO
YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED IN TOTAL TO THE LESSER
OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE
ACTION GIVING RISE TO AN ALLEGED LIABILITY AND (B) ONE HUNDRED DOLLARS
($100.00) AS THE SOLE AND EXCLUSIVE REMEDY.
NOTWITHSTANDING THE FOREGOING, THE LIABILITY OF ANY INDEMNIFIED PARTY
FOR ANY GUARANTEED ERRORS SHALL BE AS SET FORTH IN SECTION C-4. WILLIAMPAID DISCLAIMS ALL
RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE USER MATERIALS MADE
AVAILABLE ON WWW.WILLIAMPAID.COM BY THE USER PURSUANT TO THESE TERMS OF USE.
USER SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF
USER MATERIALS BY A THIRD-PARTY, AND NOT FROM WILLIAMPAID. THIS MEANS, AMONG
OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS USER MATERIALS FROM WILLIAMPAID
(WHETHER OR NOT WITH WILLIAMPAID'S PERMISSION), AND USES THOSE MATERIALS IN A
WAY NOT AUTHORIZED PURSUANT TO THE LICENSES GRANTED HEREUNDER, USER WILL SEEK
REDRESS FROM THE OTHER PERSON AND NOT FROM WILLIAMPAID, AND THAT USER WILL NOT
HOLD WILLIAMPAID RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
5. No Warranty. OUR SERVICES ARE
PROVIDED AS IS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. WILLIAMPAID SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WilliamPaid does not guarantee continuous,
uninterrupted, error-free or secure access to any part of our Services, and
operation of our website may be interfered with by numerous factors outside of
our control. WilliamPaid will make
reasonable efforts to ensure that requests for electronic debits and credits
involving bank accounts, credit and debit cards and check issuances are
processed in a timely manner except as otherwise expressly set forth herein.
WilliamPaid makes no representations or warranties regarding the amount of time
needed to complete processing because our Services are dependent upon many
factors outside of our control, such as delays in the banking system or the
mail service. Some states do not allow
the disclaimer of implied warranties, so the foregoing disclaimers may not
apply to you. This Section gives you
specific legal rights, and you may also have other legal rights that vary from
state to state.
6. Statute
of Limitations. Except as otherwise
expressly provided herein, you agree that, regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of
our website or the Services or these Terms of Use must be filed within one (1)
year after such claim or cause of action arose or be barred forever.
L. Disputes
with WilliamPaid
1.
Contact WilliamPaid First. If a dispute arises between you and
WilliamPaid, our goal is to learn about and address your concerns and, if we
are unable to do so to your satisfaction pursuant to the process set forth
herein, to provide you with a neutral and cost effective means of resolving the
dispute quickly. If there is a conflict between what one of our employees or
agents says and the terms of this Agreement, the terms of this Agreement shall
control. Disputes between you and WilliamPaid regarding our Services may be
reported at any time through our website at www.williampaid.com/contactus.
2.
Arbitration. Except for any
disputes or claims relating to or arising under the WilliamPaid Cash-back
Program, which are handled pursuant to Section N, for any claim where the total
amount of the award sought is less than $10,000.00 (excluding claims for
injunctive or other equitable relief and those relating transactions covered by
Regulation E (12 CFR 205, et seq.)), the party requesting relief may elect to
resolve the dispute in a cost effective manner through binding
non-appearance-based arbitration. If a
party elects arbitration, that party will initiate such arbitration through an
established alternative dispute resolution (“ADR”) provider mutually agreed
upon by the parties. The ADR provider and the parties must comply with the
following rules: (a) the arbitration shall be conducted by telephone, online
and/or be solely based on written submissions, the specific manner shall be
chosen by the party initiating the arbitration; (b) the arbitration shall not
involve any personal appearance by the parties or witnesses unless otherwise
mutually agreed by the parties; and (c) any judgment on the award rendered by
the arbitrator may be entered in any court of competent jurisdiction.
Arbitration replaces the right to go to court, and you therefore agree to waive
any right that you or we might otherwise have had to a jury trial or the
opportunity to litigate sub-$10,000.00 claims in court before a judge or jury.
3.
Law and Forum for Disputes.
Except as otherwise agreed by the parties or as described in Section L-2 above,
you agree that any claim or dispute you may have against WilliamPaid must be
resolved by a court located in
4.
Improperly Filed Litigation.
All claims you bring against WilliamPaid (except for any disputes or claims
relating to or arising under the WP Cash-back Program) must be resolved in
accordance with Section L of these Terms of Use. All claims filed or brought contrary to
Section L shall be considered improperly filed and a breach of these Terms of
Use. Should you file a claim contrary to this Section L, WilliamPaid may
recover attorneys’ fees and costs (including in-house attorneys and paralegals)
up to $1,000.00, provided that WilliamPaid has notified you in writing of the
improperly filed claim, and you have failed to promptly withdraw the claim.
M. Landlord-Specific
Provisions
1. Registered Landlord. Landlords using our website and accepting
payment through WilliamPaid agree to these Terms of Use (including the
Electronic Funds Transfer Disclosure) to the extent applicable. Notwithstanding the foregoing, a Landlord who
registers on our website (a “Registered Landlord”) agrees that we are acting
solely as a rent payment facilitation service provider for the tenant and that
we are not acting as the Landlord’s agent with respect to any payments or as
Tenant’s agent except with respect to the facilitation of specific payment
instructions. A Registered Landlord
agrees that it shall not participate in any of the Restricted Activities described
in Section C-4.
2. Payment Acceptance and Terms. A Registered Landlord agrees to accept
payment from WilliamPaid on behalf of its Users. Further, to the extent that a Registered
Landlord has provided account instructions for receipt of funds from
WilliamPaid and WilliamPaid attempts to render payment on behalf of its Users
to such Registered Landlord using such account instructions on a timely basis,
the Registered Landlord agrees that it shall not charge such Users any late
fees or other charges if such payment instructions relating to payment to the
Registered Landlord fail for any reason.
3. Chargebacks. To the extent that a Registered Landlord has
received funds that WilliamPaid reasonably believes may have been fraudulently
obtained, authorized or paid or that are the subject of a chargeback, refund or
investigation of any claim, each Registered Landlord agrees that WilliamPaid
may initiate a debit to such Registered Landlord’s account in the amount of
such potentially fraudulent payment or chargeback payment, thereby reversing
the receipt of such amounts. To the
extent that WilliamPaid is unable to remove such funds from a Registered
Landlord’s bank account, Registered Landlord agrees to pay WilliamPaid the
amount of such funds in immediately available funds within three (3) Business
Days of the receipt of written demand therefore.
4. General. Dispute resolution for any WilliamPaid related matters shall be as set forth in Section L. WilliamPaid reserves the right to refuse to initiate transactions to you from Users and may require electronic payment only. If WilliamPaid makes payment pursuant to the WilliamPaid Payment Guarantee in connection with a payment made to a landlord, WilliamPaid may require that any future payments to such landlord from any and all WilliamPaid Users be made electronically. Such funds shall remain held until final resolution of the matter.
N. WilliamPaid Cash-back Program
1. Eligibility. In order to accumulate
and utilize financial benefits pursuant to the WilliamPaid Cash-back Program (the
“Program”), you must be a Member.
2. Earning Cash-back Through
Affiliate Purchases. The Program allows Members to earn cash-back rewards
(“Cash-back”) for Qualified Purchases made from online merchants affiliated
with WilliamPaid (a “Retail Partner”) when initiated through www.williampaid.com. The amount of Cash-back earned will be
determined by multiplying the Net Purchase Amount by the specific Reward
Percentage relating to the Retail Partner.
The Net Purchase Amount is defined as the total amount paid to the Retail
Partner less amounts for tax, gift wrapping, shipping, promotional credits,
returns, cancellations and transaction fees or as the Retail Partner defines on
their respective web site and as is set forth in their respective Retail
Partner Agreement or similar document, whichever is less. The Reward Percentage for each Retail Partner
will be set forth on www.williampaid.com as it relates to each Retail Partner.
All Retail Partner Membership Agreements (or other similar documents) as they
relate to their affiliate or partner programs with WilliamPaid and that reside
on the Retail Partner’s respective web sites are hereby incorporated into these
Terms of Use by reference. Questions
regarding calculation of the Net Purchase Amount and the Reward Percentage can
be asked by submitting your questions at www.williampaid.com/contactus. Cash-back is subject to adjustments for
returns, cancellations and other events.
Such adjustments can be applied to accounts at any time by WilliamPaid in
its sole discretion. Should you disagree
with any adjustments made to your account, your sole remedy is to withdraw from
the Program. If a Retail Partner fails
to report a transaction to WilliamPaid or withholds payment to WilliamPaid for
a particular transaction for any reason, WilliamPaid reserves the right to
cancel or reverse the Cash-back associated with that transaction. You may be taxed on your accrual or
redemption of Cash-back, depending on the amount of Cash-back you accrue and/or
redeem and the tax laws of federal, state and local jurisdictions. In all instances, you will be solely
responsible for any and all tax liability arising out of your accrual or
redemption of Cash-back. Certain
products and services from Retail Partners are not eligible for accrual or
payment of Cash-back (“Excluded Purchases”).
See www.williampaid.com/exclusions for a complete list. We do our best to maintain an up-to-date list
on this webpage, but, please note that Retail Partners regularly change
policies, and if a Retail Partner fails to report a transaction to WilliamPaid
or withholds payment to WilliamPaid for any reason, WilliamPaid reserves the
right to cancel the Cash-back reward associated with that transaction.
3. Qualified Purchase. A purchase made through WilliamPaid’s Retail
Partners will be deemed a “Qualified Purchase” and will accrue Cash-back if and
only if all of the following criteria are satisfied:
a. Both
first and third party (if applicable) “cookies” must be enabled on your Web browser.
b.
All potential Qualified
Purchases must begin through a click on the Retail Partner’s
link that appears on www.williampaid.com and must be successfully connected to the Retail Partner’s website
based upon that click. This link must not be altered.
c. WilliamPaid
may, at all times, route your request for a Retail Partner site through specific links, in order to assure
that the sale can be tracked correctly.
Any alteration of these links will
invalidate your purchase for purposes
of the Program and any such purchases will not be a Qualified Purchases.
d. All
purchases must be started and completed in one shopping session originated as set forth in clause
(b) above. If you start a purchase, then
complete it in a different session,
such purchase will not be a Qualified Purchase.
e. Users
must not use coupons or other promotions not listed on our website.
f. If
any purchased item is returned or canceled, the initial purchase will be invalidated and will not be a Qualified
Purchase.
g. You
must make the purchase through clicking on the link when logged in using your WilliamPaid access
credentials.
h. Your
Qualified Purchase does not include Excluded Purchases.
The determination of
whether a purchase made through a Retail Partner is a Qualified Purchase is at
the sole discretion of WilliamPaid.
4. Referral
Cash-back. Cash-back may also be
earned by referring Members to our website.
In order to get Cash-back for any referral, the following requirements
must have been met:
a. The individual referred (“Referred
Member”) must register as a Member by clicking on the link sent to such
Referral Member in the referring email or by using your personal referral URL.
b. Within thirty (30) days of the date the
Referred Member registers pursuant to (a) above, the Referred Member must (i)
purchase a Service or (ii) make a purchase by shopping through WilliamPaid that
ultimately earns the Referred Member Available Cash-back (“Shopping Referral”).
b. The
Referred Member must never have previously used or registered at www.williampaid.com.
You will earn the
Cash-back amount specified in any promotion through which you provide Referral
Member information or, if no such Cash-back amount is specified, you will earn
$5.00 (five dollars) for each Referral Member that you refer who satisfies the
above-listed requirements. Notwithstanding anything to the contrary
contained herein, the referral program may be amended, discontinued, reduced or
otherwise modified in any way, at any point and without notice. The
Cash-back relating to a referral that meets the requirements in Section N-4
will become available five (5) Business Days following the date such
requirements have been met (provided, however, that Cash-back earned due to a
Shopping Referral will become available following the status of the Referred
Member’s Cash-back changing from Pending to Available).
5. Pending Cash-back from Qualified
Purchases. Within approximately
twenty (20) days of a Qualified Purchase, Cash-back relating to such Qualified
Purchase will be credited to your rewards account as “Pending Cash-back.” It is your responsibility to check your
account regularly to ensure that any Cash-back has been properly credited to
your account as Pending Cash-back and that your account balance is accurate. If you believe that Pending Cash-back has not been
correctly credited to your account, you should wait at least thirty (30) days
but no more than ninety (90) days after completing a Qualified Purchase to
contact WilliamPaid Customer Service at www.williampaid.com/contactus. Requests made after ninety (90) days shall not
be reviewed and/or credited. Furthermore,
all Cash-back is subject to review. Correcting adjustments may be applied to
accounts at any time by WilliamPaid in its sole discretion. If you
do not agree to adjustments made to your account, your only recourse will be to
terminate your participation in the Program. WilliamPaid reserves the right to terminate
any account for abusive or fraudulent activity or for any other or no reason. We
are not responsible for changes to, or discontinuance of, any Retail Partner,
or any Retail Partner’s withdrawal from the Program or for any effect on
accrual of Cash-back caused by such changes, discontinuance or withdrawal. We are not responsible for changes to, or
discontinuance of, any special offer or coupon code at a Retail Partner site. It is a User’s responsibility to make sure
that all specials are valid. If you
choose to use coupons and specials that are not listed on the WilliamPaid site,
WilliamPaid cannot guarantee that you will be eligible to receive Cash-back on
your purchases.
6. Available Cash-back from Qualified
Purchases. Pending Cash-back may not
be used or redeemed until such Pending Cash-back becomes Available
Cash-back. Cash-back earned by making
Qualified Purchases is changed from “Pending” to “Available” weekly based upon
our receipt from the Retail Partner of confirmation that the Pending Cash-back
is final or has been deemed conclusively earned. For most Retail Partners, this will occur
between 60 and 90 days following the date of the transactions, though some may
take longer. Only when WilliamPaid
receives such confirmation will pending Cash-back become Available Cash-back,
which is then eligible to be used. If a
Retail Partner goes bankrupt or for any other reason defaults on payment of any
amount relating to the relevant Cash-back, no Cash-back will be owed for those
transactions. Please note that
transactions from certain Retail Partners cannot be paid pursuant to the above
schedule and may take up to ninety (90) days or more from the date of Purchase
to become available. WilliamPaid
reserves the right to delay payment based on changes to store return and
commission procedures at any time.
7. Redeeming Cash-back.
a. Uses of Cash-back. Once your Available Cash-back is at least
$5.00, it can be applied to payment of your rent on www.williampaid.com. Once your Available Cash-back is at least
$10.00, it can be used to pay down a Qualified Student Loan. To use your Available Cash-back, simply
follow the steps set forth at www.williampaid.com/usecashback. When applying your Cash-back to your rent
payment made through WilliamPaid, any amount of the rent to which the Cash-back
is applied in excess of the Cash-back must be paid through another payment
source in order to use your Cash-back.
Further, if, for any reason, your payment source fails, the payment of
Cash-back will not be made. Such payment
will be made to the extent that you schedule and do not cancel such payment.
Once Cash-back is applied or used, it is not refundable or reusable under any
circumstances. Available Cash-back can
only be applied to the accounts of the User who earned such Cash-back (or those
who earned them on such User’s behalf) and may not be transferred.
b. Receiving a Check. You may also receive your Available Cash-back
via a check. To request a check, see
www.williampaid.com/usecashback. Check
payments, however, can only be requested when the cumulative, Available
Cash-back exceeds $15.00. If a Member
has a cumulative, Available Cash-back balance of less than $15.00, such amounts
may be used as set forth in Section N-7a or held until the aggregate Available
Cash-back totals at least $15.00, at which time a check can be requested. Checks are prepared quarterly for check
requests submitted as follows:
Check
Request Dates Check Date
January
1 – March 31 April
15
April
1 – June 30 July
15
July
1 – September 30 October
15
October
1 – December 31 January
15
Once
you have requested a check for your Available Cash-back, the amount of the
requested Cash-back will be deducted from your account and will not be
available for any other use. Once a
check has been posted, the Cash-back is not refundable under any circumstances,
and WilliamPaid is not responsible for any delivery delays or failures.
8. Student Loan Contribution and Matching Program. WilliamPaid is committed to helping its Users
build credit and use credit responsibly, including helping them pay down their
outstanding student loans. In accordance
with the terms and conditions set forth herein, a Member may use Available Cash-back to pay down a Qualified
Student Loan. “Qualified Student Loans”
shall mean those student loans that have been issued pursuant to the guidelines
and programs of the U.S. Department of Education. WilliamPaid reserves the right to verify that
any loan to which a Member requests to have Available Cash-back applied is in
fact a Qualified Student Loan, and a Member shall provide reasonable
documentation verifying such. To the
extent that WilliamPaid, in it sole discretion, is unable to verify to its satisfaction
that such loan is a Qualified Student Loan, WilliamPaid shall not be required
to make such payment nor make any matching contribution. Accordingly, a Member requesting that Available
Cash-back be applied to any student loan hereby consents to any verification
efforts undertaken by WilliamPaid. In
order to apply Available Cash-back to a Qualified Student Loan, at least $10.00
in Available Cash-back must be accrued and applied at any one time and may only
be applied to one Qualified Student Loan.
Further, a Member must provide the Qualified Student Loan information
required. WilliamPaid shall not be responsible
for any payments attempted to be made in respect of the account information
required and shall not be liable for the failure of a lender or servicer to
accept payment or for the timeliness of any such payment. For Members who apply Available Cash-back to
a Qualified Student Loan in accordance with this Section, WilliamPaid will
match ten percent (10%) of the value of Available Cash-back so applied and
contribute such amount to payment of the Member’s Qualified Student Loan to
which the Available Cash-back is to be applied.
For example, if a Member directs the application of $100 of Available
Cash-back to payment of a Qualified Student Loan, WilliamPaid will contribute
an additional $10 to such payment.
Payments to be made to Qualified Student Loans shall be made by the
fifteenth day of the month following the month requested. DO NOT RELY ON ANY PAYMENT MADE BY WILLIAMPAID
TO BE MADE ON A SPECIFIC DATE AND/OR TO BE PART OF A REGULARLY-SCHEDULED OR
OTHERWISE REQUIRED PAYMENT. YOU ARE
SOLELY RESPONSIBLE FOR ANY AND ALL PAYMENTS RELATING TO YOUR LOAN.
9. DISCLAIMER. THE PROGRAM IS BEING PROVIDED TO YOU "AS
IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WILLIAMPAID
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WILLIAMPAID DOES NOT WARRANT, GUARANTEE OR
MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF
ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED
BY RETAIL PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM. IN ADDITION,
ALTHOUGH WILLIAMPAID INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE
INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE WWW.WILLIAMPAID.COM
WEB SITE, WILLIAMPAID DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS
THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, WILLIAMPAID DOES
NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WILLIAMPAID
ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS OR INABILITY TO
ACCESS THIS SITE INCLUDING, WITHOUT LIMITATION, YOUR INABILITY TO ACCRUE CASH-BACK
BY PURCHASING ITEMS WITH AN AFFILIATED MERCHANT.
10. LIMITATION
OF LIABILITY. IN NO EVENT WILL ANY
OTHER COMPANY WITH WHICH WILLIAMPAID HAS A CORPORATE PARTNERING RELATIONSHIP,
INCLUDING, WITHOUT LIMITATION, CO-BRANDING, CO-MARKETING, JOINT DEVELOPMENT, A
MERCHANT RELATIONSHIP, OR A LICENSING OR SUPPLIER RELATIONSHIP (EACH, A “CORPORATE
PARTICIPANT”) BE LIABLE TO YOU FOR NON-PERFORMANCE OF WILLIAMPAID’S
OBLIGATIONS. YOU AGREE NOT TO SUE ANY
CORPORATE PARTICIPANT FOR NON-PERFORMANCE BY WILLIAMPAID. IN NO EVENT SHALL WILLIAMPAID BE LIABLE FOR
ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN
CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY WILLIAMPAID
IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE;
OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS OR SERVICES OF MERCHANTS
OR SUPPLIERS, EVEN IF WILLIAMPAID, OR REPRESENTATIVES THEREOF, ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES AND NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. USER AGREES TO INDEMNIFY AND HOLD WILLIAMPAID,
ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES,
HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE
BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USERS’ USE OF THE PROGRAM OR
WWW.WILLIAMPAID.COM, THE VIOLATION OF THESE POLICIES BY USER OR ANY OTHER TERMS
AND CONDITIONS RELATING TO USER’S UTILIZATION OF THE WEBSITE, OR THE
INFRINGEMENT BY USER, OR OTHER USER OF THE PROGRAM USING THE USER'S ACCOUNT, OF
ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A
RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL
CONTAINED IN ANY USER COMMUNICATIONS.
11. Termination of or Changes to the
Program. WilliamPaid reserves the
right to terminate the Program at any time with notice. In the event of any termination, you will
have sixty (60) days from the date of notice of Program termination to redeem
Activated Cash-back in your account. Notification
of Program termination will be sent to the email address you provide to WilliamPaid
during the registration process. WilliamPaid will not be responsible for
failing to notify you of Program termination where such failure is caused by
any reason outside the control of WilliamPaid, including an error in your email
program, an inaccurate email address, your failure to check for your email
online or your failure to inform WilliamPaid of a change in your email address. WilliamPaid
may modify the Program from time to time, with or without notice, by posting
any such modifications on our website and your continued participation in the
Program after such modification shall be deemed to be your acceptance of any
such modification. It is your
responsibility to check our website regularly to determine whether this
Agreement has been modified. If you do
not agree to any modification of this Agreement, you must immediately cease
participation in the Program.
12. Termination of Participation; Inactive
Accounts. Participation in the
Program is subject to the Program terms and conditions and this Agreement. Any
failure to comply with the Program terms and conditions and this Agreement, any
fraud or abuse relating to the accrual or redemption of Cash-back rewards, or
any misrepresentation of any information furnished to WilliamPaid or its
affiliates by you, or anyone acting on your behalf, may result in the
termination of your participation in the Program, cancelation of your WilliamPaid
account or membership and/or forfeiture of all Cash-back. WilliamPaid also reserves the right to close Program
accounts of Users that have been inactive for more than twelve (12) months. Inactivity is defined as no tracked visits,
either cookied or manually logged in. Any such inactive account will have all
pending or activated Cash-back eliminated.
Notwithstanding anything to the contrary contained herein, Cash-back
shall be forfeited upon the second anniversary of their issuance and, following
such forfeiture, shall be void and of no further effect.
13. Information Disclosure. Notwithstanding our privacy policy, as a user
of the Program, you authorize WilliamPaid to disclose to third parties
information you have provided or information that WilliamPaid has obtained
about your Program account or shopping behavior in providing aggregated and
non-personalized marketing sources for an advertising or Retail Partner or
where necessary for redemption of your Cash-back. Further, you authorize WilliamPaid to receive
any account information from any Retail Partner including, but not limited to
information regarding purchases made, items searched for or added to your
shopping cart, products ordered, order number, the time and date the purchase
occurred, and the email address entered for the purchase. You agree to hold the Retail Partner harmless
for any information disclosed to WilliamPaid.
You allow WilliamPaid to collect and use non-personalized marketing
information regarding visits and related to purchases made from Internet
commerce sites.
14. Disputes
and Errors. All questions or
disputes regarding the Program, including, without limitation, questions or
disputes regarding eligibility for the Program, or the eligibility of Cash-back
rewards for accrual or redemption, must be submitted in writing within sixty (60)
days of the qualifying transaction, to WilliamPaid at: William Paid LLC, Attn:
WilliamPaid Cash-back Program, 601 Skokie Blvd. Suite 2A, Northbrook, IL 60062,
or by contacting us at www.williampaid.com/contactus. Any such disputes shall be resolved by WilliamPaid
in its sole discretion. All
interpretations of Program terms and conditions and this Agreement shall be in
the sole discretion of WilliamPaid. In
the event that an error is made by WilliamPaid, your sole remedy shall be the
credit of the disputed Cash-back to your account. Nothing in this Agreement shall be construed
as creating or constituting a partnership, joint venture or agency relationship
between WilliamPaid and the Retail Partners or between WilliamPaid and any
other of its Corporate Partners. Neither
the Retail Partners nor any Corporate Partner shall have the ability to create
any obligation on WilliamPaid’s behalf.
O. Miscellaneous
Provisions
1.
License Grant. WilliamPaid
and its licensors grant you a limited, nonexclusive and revocable license to
access and use WilliamPaid’s software in accordance with the documentation,
including all updates, upgrades, new versions and replacement software, as
described herein for your personal use only.
You may not rent, lease or otherwise transfer your rights in the
software to a third party. You agree not to use the Services for any other
purpose, including commercial purposes, such as co-branding, framing, linking
or reselling any portion of the Services without our prior written consent. You
agree not to alter, reproduce, adapt, distribute, display, publish, reverse
engineer, translate, disassemble, decompile or otherwise attempt to create any
source code that is derived from the software.
You acknowledge that all rights, title and interest to WilliamPaid’s
software and website are owned by WilliamPaid.
You
grant to WilliamPaid a limited, nonexclusive and revocable license to access
and use any and all information and data that you enter into our system while
using the Services. WilliamPaid will not use the information in a manner
inconsistent with the provisions of this Agreement or our Privacy Policy.
WilliamPaid
may, from time to time, introduce new features to the Services or modify or
delete existing features in our sole discretion. WilliamPaid shall notify you
of any of these changes to features if we are legally bound to do so. By using
any new or modified features when they become available, you agree to be bound by the rules concerning those
features.
“Williampaid.com”,
“WilliamPaid”, and all related logos, products and Services described in our
website are either trademarks or registered trademarks of WilliamPaid or its
licensors. You may not copy, imitate or use them without our prior written
consent. In addition, all page headers, custom graphics, button icons, and
scripts are service marks, trademarks, and/or trade dress of WilliamPaid. You
may not copy, imitate or use them without our prior written consent. You may
use HTML logos provided by WilliamPaid through our affiliate programs without
prior written consent for the purpose of directing web traffic to the Service.
You may not alter, modify or change these HTML logos in any way, use them in a
manner that is disparaging to WilliamPaid or the Service or display them in any
manner that implies WilliamPaid’s sponsorship or endorsement. All right, title
and interest in the WilliamPaid website and any content thereon is the
exclusive property of WilliamPaid and its licensors.
Our
website may contain links to other third party websites. WilliamPaid is not
responsible for, nor do we control, the content, products, or services provided
by linked sites. We do not endorse or guarantee the products, information or
recommendations provided by linked sites and are not liable for any failure of
products or services advertised on those sites. In addition, each third party
site may provide less security than we do and have a privacy policy different
from ours. Your access, use and reliance upon such content, products or
services is at your own risk.
2.
Assumption of Rights. If
WilliamPaid pays out a claim, reversal or chargeback that you file against a
recipient of your payment, you agree that WilliamPaid assumes your rights
against the recipient and third parties related to the payment and may pursue
those rights directly or on your behalf, in WilliamPaid’s discretion.
3. Computer Equipment and Software.
You are responsible for obtaining, installing, maintaining and operating all
software, hardware, or other equipment (collectively, “System”) necessary for
you to access and use the Services. This responsibility includes, without
limitation, you utilizing up-to-date web-browsers and the best commercially
available encryption, antivirus, anti-spyware and Internet security software.
You are additionally responsible for obtaining Internet service via the Internet
service provider of your choice, for any and all fees imposed by such Internet
service provider and any associated communications service provider charges.
You acknowledge that there are certain security, corruption, transmission error
and access availability risks associated with using open networks such as the
Internet, and you hereby expressly assume such risks, including, without
limitation, those we might disclose in our materials. WilliamPaid shall not be
responsible for any failure in the Services due to malfunction or loss of your
System or Internet service providers or from the malfunction or failure of
equipment, software or services used by WilliamPaid that are beyond the
reasonable control of WilliamPaid.
4. Use
of Third Parties by WilliamPaid.
WilliamPaid reserves the right to use other companies to perform
services for WilliamPaid (“Third Party Service Providers”), and Users
acknowledge that Information may be shared with such Third Party Service Providers
in connection with their provision of services.
Users hereby agree to cooperate fully with WilliamPaid and any Third
Party Service Providers to assure the accurate and timely provision of the
Services.
5. Unauthorized Access or Interception
of Data. We may, at our option, change the parameters
for the password used to access the Services (“Password”) without prior notice
to you, and, if we do so, you will be required to change your Password the next
time you access the Services. To prevent unauthorized access to your account and
to prevent unauthorized use of the Service, you agree to protect and keep
confidential your account number, PIN, User ID, Password, or other means of
accessing your account(s) via the Service. The loss, theft or unauthorized use
of your account number, PINs, User IDs and Passwords could cause you to lose
some or all of the money in your accounts. It could also permit unauthorized
persons to gain access to your sensitive personal and account information and
to use that information for fraudulent purposes, including identity theft. If
you disclose your account numbers, PINs, User IDs and/or Passwords to any
person or entity, you assume all risks of losses associated with such
disclosure. If you permit any other person or entity to use the Service or to
access your accounts, you are responsible for any transactions and activities
performed from your accounts and for any use of your personal and account
information by such person or entity. If you believe someone may attempt to use
or has used the Service without your permission, or that any unauthorized use
or security breach has occurred, you agree to immediately notify us at (877)
8-WILLIAM (877-894-5542). WilliamPaid will have no liability in connection with
any unauthorized interception, alteration or use of data relating to the
Services, including, without limitation, e-mail correspondence, any inability
to use or access the Services or the WilliamPaid website for any reason, any
actions or transactions by an individual or party using User’s name and password
without authorization, or any cause over which WilliamPaid does not have direct
control, including problems attributable to computer hardware or software
(including computer viruses), telephone or other communications, or the
parties’ respective internet service providers.
6.
Release of WilliamPaid and
Others. If you have a dispute with a User, you release the Indemnified
Parties from any and all claims, demands and damages (actual and consequential)
of every kind and nature arising out of or in any way connected with such
disputes.
7. Complete Agreement. These Terms
of Use set forth the entire understanding between you and WilliamPaid with
respect to the Services offered by WilliamPaid.
Sections B, E-4, G-3, H-6 through H-9, I-3, J-4, J-5, K, L, N-9, N-10
and O, as well as any other terms that by their nature should survive, will
survive the termination of these Terms of Use.
If any provision herein is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be enforced.
8.
Assignment. You may not
transfer or assign any rights or obligations you have under this Agreement
without WilliamPaid's prior written consent. WilliamPaid reserves the right to
transfer or assign this Agreement or any right or obligation under this
Agreement at any time.
9. Severability. In the event any provision of this Agreement
shall be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not in any way be affected or
impaired.
10. Account
Information. In addition to the
terms listed above, you further agree that WilliamPaid may access and disclose
information about its accounts when WilliamPaid deems such action necessary or
appropriate to comply with the law or legal processes, judicial or
administrative, to protect WilliamPaid’s systems and other Users’ interests or
to ensure the integrity and operation of WilliamPaid’s business and
systems. Unless otherwise prohibited by
law, such disclosure may include, without limitation, User profile information
(e.g., name, e-mail address), transaction information, Internet Protocol (IP)
address and traffic information and usage history. Such disclosures will be made in compliance
with WilliamPaid’s Privacy Policy, as is incorporated herein.
11. No Third-Party Beneficiaries.
Unless otherwise expressly provided herein or by operation of law, no
provisions of this Agreement are intended or shall be construed to confer upon
or give to any person or entity other than you and WilliamPaid any rights,
remedies or other benefits under or by reason of this Agreement.
12. Waiver.
Failure by any party to enforce any provision of this Agreement will not be
deemed a waiver of future enforcement of that or any other provision. Any
waiver, amendment or other modification of any provision of this Agreement will
be effective only if in writing, whether on paper or via appropriate electronic
means as provided for in this Agreement and as permitted under the E-Sign Act
and other applicable laws. Where appropriate, such waiver, amendment or other
modification shall evidence the mutual agreement of all relevant parties. A
party’s waiver on one occasion shall not be construed as a bar or waiver of any
rights or remedies for subsequent events.
13. Mobile Terms of Use. There is no charge to participate in any
WilliamPaid text initiative, although standard rates may apply. Contact your carrier with questions regarding
any text message fees they may charge.
Our text messaging service is supported by the following carriers: Alltel, AT&T, Boost, Cincinnati Bell,
CellularOne, Dobson, Nextel, Spring, T-Mobile, US Cellular, Verizon Wireless
and Virgin Mobile. We cannot guarantee
message delivery response times as it is dependent on your carrier. Your personal information collected through
our text initiatives will not be sold or distributed.
P. Williampaid.com
Sweepstakes Rules
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility:
The WilliamPaid Monthly Sweepstakes (the “Sweepstakes”) is open only to legal
residents of the fifty (50) United States and the District of Columbia who are
at least eighteen (18) years old at the time of entry. Employees of William Paid, LLC, ePrize, LLC,
and their parent and affiliate companies as well as the immediate family
(spouse, parents, siblings and children) and household members of each such
employee are not eligible. Subject to
all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and
unconditional agreement to these Official Rules and Sponsor’s and
Administrator’s decisions, which are final and binding in all matters related
to the Sweepstakes. Winning a prize is contingent
upon fulfilling all requirements set forth herein.
2. Sponsor:
William Paid LLC, 601 Skokie Blvd Suite 2A, Northbrook, IL 60062. Administrator: ePrize, LLC, One ePrize
Drive, Pleasant Ridge, MI 48069.
3. Timing: The Sweepstakes begins on
September 21, 2009 at 12:00 a.m. Eastern Time ("ET"), ends on
September 30, 2010 at 11:59 p.m. ET (the "Promotion Period") and
consists of twelve (12) monthly entry periods, each a calendar month in length
(each an "Entry Period") except for the first Entry Period, which
will begin on September 21, 2009 and end on October 31, 2009. Non-winning entries from an Entry Period do
not carry over to subsequent Entry Periods.
Sponsor's computer is the official time-keeping device for the
Sweepstakes.
4. How to Enter: During the Promotion Period,
there are six (6) ways you can earn entries into the Sweepstakes:
(a)
Enter to Win at
www.williampaid.com/sweepstakes: Visit http://www.williampaid.com/sweepstakes
and follow the instructions to complete the entry. Entering to win is free. Be sure to include a valid email address,
your name, your home mailing address (P.O. Boxes not permitted) and any other
information required on the website. You
will receive one (1) entry into the Entry Period corresponding with the date
you entered the Sweepstakes.
(b)
Become a Member at
www.williampaid.com: Visit http://www.williampaid.com
and follow the links and instructions to become a Member. Becoming a Member is free. Upon becoming a Member, be sure to include a
valid email address, your name, your home mailing address (P.O. Boxes not
permitted) and any other information required on the website. You will receive one (1) entry into the Entry
Period corresponding with the date you became a Member.
(c)
Complete Sponsor Specified
Tasks or content on Social Media Sites: During Sponsor selected times during the Promotion
Period, Sponsor may, in its sole discretion, offer a specific task that must be
completed as specified on the Sponsor site, Sponsor-selected social media site
or Sponsor-related site. Upon learning
about the task, follow the Sponsor-provided instructions to complete the task
to receive a specified number of entries into the respective Entry Period for
the day you complete the task.
Alternatively, Sponsor may, at its sole discretion, identify certain
content on the Sponsor site, a Sponsor-selected social media site or
Sponsor-related site that will entitle the individual posting such behavior
receive a specified number of Sweepstakes entry. Upon recognition of such entitlement from
Sponsor, follow the instructions provided by Sponsor to receive the specified
number of entries into the respective Entry Period for the day Sponsor
identified such behavior or content.
(d)
Refer a
Friend: Visit http://www.williampaid.com or
http://www. http://www.williampaid.com/sweepstakes and follow the links and instructions to refer a friend to
williampaid.com, including your name, valid email address, home mailing address
(P.O. Boxes not permitted), any other information required by the website and
your friend's email address. You may
only refer people with whom you have an existing relationship. Each person you refer will receive one (1)
email notifying them about the Sweepstakes. For each friend you refer who
enters the Sweepstakes using the link in the email sent to them from your
referral or your unique url that you provide to them (including through social
media websites) in the same Entry Period, you will receive one (1) entry into
that Entry Period. For each friend you
refer who becomes a Member using the link in the email sent to them from your
referral or your unique url that you provide to them (including through social
media websites) in that Entry Period, you will receive one (1) entry into that
Entry Period.
(e)
Perform
Additional Member Actions: During each Entry Period
following the Entry Period that you become a Member, Sponsor may, in its sole
discretion, offer a specific task that must be completed at http://www.williampaid.com. Upon learning about the task, follow the
Sponsor-provided instructions to complete the task to receive the specified
number of entries into the respective Entry Period for the day you complete the
task.
(f)
Alternate Method of Entry: To enter without performing
one of the tasks set forth above, hand print your name, address, day and
evening phone numbers, email address and age on a 3" x 5" piece of
paper and mail it with proper postage to "williampaid.com Monthly
Sweepstakes,” c/o William Paid, 601 Skokie Blvd. Suite 2A, Northbrook, IL
60062. You will receive one (1) entry
into the respective Entry Period corresponding with the date your mail-in
method of entry was postmarked. Limit:
One (1) per envelope. All mail-in
entries must be handwritten. All mail-in
entries must be postmarked by October 1, 2010 and received by October 8,
2010. All entries become the exclusive
property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be
deemed to be proof of receipt by Sponsor.
Sponsor is not responsible for lost, late, incomplete, invalid,
unintelligible, illegible, misdirected or postage-due entries, which will be
disqualified.
Note: In the event that
entries can be earned by commenting, tweeting, posting or otherwise providing
any content on the Sponsor site, any social media site or sponsor-related site,
all comments, tweets, postings or other content (“Entrant content”) must not be
obscene, indecent, libelous, defamatory, harassing, abusive, hateful,
sexually-explicit, or embarrassing to any person or entity as determined by
Sponsor in its sole discretion. Entrant
content may not infringe upon any copyright or intellectual property rights of
any party, shall not reveal any trade secrets, and shall not be illegal or
otherwise objectionable. Entrant content further may not constitute
advertisements or solicitations of business, surveys, contests, chain letters,
or pyramid schemes, or contain any computer viruses or other harmful
codes. Any Entrant content in violation
of this provision shall be disqualified and shall not receive any entry in the
Promotion. You also agree that all
Entrant content shall be the property of Sponsor and that Sponsor shall be
entitled to use such Entrant content at its discretion. Sponsor reserves the right to reject modify
or edit any User content.
For
All Methods of Entry: Limit: Each participant may receive up to ten (10) entries per
day during the Promotion Period, regardless of method of entry (except that
such total shall exclude any entries earned pursuant to subsection (d)
above). Multiple entrants are not permitted to share the same email
address or Account. Any attempt by any entrant to obtain more than the stated
number of entries by using multiple/different email addresses, identities,
registrations and logins, Accounts or any other methods will void that
entrant's entries and that entrant may be disqualified. Use of any
automated system to participate is prohibited and will result in
disqualification. In the event of a
dispute as to any registration, the authorized account holder of the email
address used to register will be deemed to be the registrant or
participant. The “authorized account
holder” is the natural person assigned an email address by an Internet access
provider, online service provider or other organization responsible for
assigning email addresses for the domain associated with the submitted
address. Each potential winner may be
required to show proof of being the authorized account holder.
5.
Drawings: Administrator is an independent judging
organization whose decisions as to the administration and operation of the
Sweepstakes and the selection of the potential winners are final and binding in
all matters related to the Sweepstakes.
Administrator will randomly select the potential winners for each Entry
Period from all eligible entries received during the respective Entry Period on
or around the second Monday following the conclusion of the respective Entry
Period. The potential winner will be
notified by mail, email or phone. Each
potential winner (parent/legal guardian if winner is a minor in his/her state
of residence) will be required to sign and return to Administrator, within five
(5) days of the date notice or attempted notice is sent, an Affidavit of
Eligibility, Liability & Publicity Release (as provided) as well as
reasonable proof of the item or expense to be paid (if applicable in order to
claim and receive his/her prize. If a
potential winner cannot be contacted after reasonable attempts (as determined
by the Administrator in its sole discretion), or fails to sign and return the
Affidavit of Eligibility, Liability & Publicity Release (as provided)
within the required time period, he/she forfeits prize. Potential winners must continue to comply
with all terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements.
In the event that a potential winner is disqualified for any reason or
forfeits the prize (as provided herein), Administrator will award the
applicable prize to an alternate winner by random drawing from among all
remaining eligible entries received during the respective Entry Period. Only three (3) alternate drawings will be
held, after which the applicable prize will remain un-awarded and revert to
Sponsor. Prizes will be fulfilled
approximately eight (8) to ten (10) weeks after the conclusion of each Entry
Period.
6. Prizes: THIRTY
SIX (36) GRAND PRIZE (three (3) Grand Prizes per Entry Period): up to
$1,000. Approximate
Retail Value (“ARV”): up to $1,000. Each
prize is non-transferable and no substitution will be
made except as provided herein at the Sponsor’s sole discretion. Sponsor
reserves the right to substitute a prize for one of equal or greater value if
the designated prize should become unavailable for any reason. Each winner is responsible for all
taxes and fees associated with prize receipt and/or use. Odds of winning a prize depend on the number
of eligible entries received during the respective Entry Period for which that
prize is awarded. Limit: One (1)
prize per person per Entry Period. Total
ARV of all prizes for each Entry Period: $3,000 per Entry Period, $36,000
total.
7.
Release: By entry into the sweepstakes, entrant agrees
to release and hold harmless Sponsor, Administrator, and their respective
subsidiaries, affiliates, suppliers, distributors, advertising/promotion
agencies, and prize suppliers, and each of their respective parent companies
and each such company’s officers, directors, employees and agents
(collectively, the “Released Parties”) from and against any claim or cause of
action, including, but not limited to, personal injury, death, or damage to or
loss of property, arising out of participation in the Sweepstakes or receipt or
use or misuse of any prize.
8. Publicity: Except
where prohibited, participation in the Sweepstakes constitutes winner’s consent
to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice,
opinions, content provided, quotations and/or hometown and state for
promotional purposes in any media, worldwide, without further payment or consideration.
9. General Conditions:
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or
any part of it, if any fraud, technical failures or any other factor beyond
Sponsor’s reasonable control impairs the integrity or proper functioning of the
Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves
the right, in its sole discretion, to disqualify any individual it finds to be
tampering with the entry process or the operation of the Sweepstakes or to be
acting in violation of these Official Rules or any other promotion or in an
unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
undermine the legitimate operation of the Sweepstakes may be a violation of
criminal and civil law, and, should such an attempt be made, Sponsor reserves
the right to seek damages from any such person to the fullest extent permitted
by law. Sponsor’s failure to enforce any
term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: The Released Parties are not responsible
for: (1) any incorrect or inaccurate information, whether caused by entrants,
printing errors or by any of the equipment or programming associated with or
utilized in the Sweepstakes; (2) technical failures of any kind, including, but
not limited to malfunctions, interruptions, or disconnections in phone lines or
network hardware or software; (3) unauthorized human intervention in any part
of the entry process or the Sweepstakes; (4) technical or human error which may
occur in the administration of the Sweepstakes or the processing of entries or
winning entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) failure to contact any potential winner;
and (7) any injury or damage to persons or property which may be caused,
directly or indirectly, in whole or in part, from entrant’s participation in
the Sweepstakes or receipt or use or
misuse of any prize. If, for any reason,
an entrant's entry is confirmed to have been erroneously deleted, lost, or
otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the
Sweepstakes, provided that if it is not possible to award another entry due to
discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor,
in its sole discretion, may elect to hold a random drawing from among all
eligible entries received up to the date of discontinuance for any or all of
the prizes offered herein. No more than
the stated number of prizes will be awarded. In the event that production,
technical, seeding, programming or any other reasons cause more than the stated
number of prizes as set forth in these Official Rules to be available and/or
claimed, Sponsor reserves the right to award only the stated number of prizes
by a random drawing among all legitimate, un-awarded, eligible prize claims.
11.
Disputes: Except where prohibited, entrant agrees that:
(1) any and all disputes, claims and causes of action arising out of or
connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any
form of class action, and exclusively by the United States District Court for
the Eastern District of Michigan (Southern Division) or the appropriate
Michigan State Court located in Oakland County, Michigan; (2) any and all
claims, judgments and awards shall be limited to actual out-of-pocket costs
incurred, including costs associated with entering this Sweepstakes, but in no
event attorneys’ fees; and (3) under no circumstances will entrant be permitted
to obtain awards for, and entrant hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other
than for actual out-of-pocket expenses, and any and all rights to have damages multiplied
or otherwise increased. All issues and
questions concerning the construction, validity, interpretation and
enforceability of these Official Rules, or the rights and obligations of the
entrant and Sponsor in connection with the Sweepstakes, shall be governed by,
and construed in accordance with, the laws of the State of Michigan without
giving effect to any choice of law or conflict of law rules (whether of the
State of Michigan or any other jurisdiction), which would cause the application
of the laws of any jurisdiction other than the State of Michigan.
12.
Entrant's Personal Information: Information collected
from entrants is subject to ePrize, LLC’s Privacy Policy (http://www.eprize.com/privacy/privacypolicy.html)
and Sponsor’s Privacy Policy (http://www.williampaid.com/index.cfm/act/privacypolicy).
13. Winner List:
Winner List requests
will only be accepted after the promotion end date (listed above) and no later
than October 14, 2010. For the Winner
List, send an email with subject line: "The
williampaid.com Monthly Sweepstakes, Winner List Request," to [email protected].
© 2010 William Paid LLC. All
rights reserved.
ELECTRONIC SIGNATURE (E-SIGN) AND UNIFORM
ELECTRONIC TRANSACTIONS ACT (UETA) DISCLOSURE AND CONSENT AGREEMENT
This disclosure is given in compliance
with the Electronic Signatures in Global and National Commerce Act (“E-SIGN”)
15 USC §7001, et seq., and the Uniform Electronic Transactions Act, as adopted
by the various States.
This
disclosure relates to Services provided by WilliamPaid, including, without
limitation, electronic fund transfers, the use of electronic signatures and the
use and storage of “electronic records” as defined in the E-SIGN Act.
Pursuant
to the E-SIGN Act and UETA: You have the right to request a paper copy of any
electronic records created or provided to you as part of WilliamPaid’s
Services. There is no charge for this service. You may request paper versions
of these documents by either sending a written request to WilliamPaid LLC,
Attention: Legal Department, 601 Skokie
Blvd., Suite 2A, Northbrook, IL 60062 or through our website at www.williampaid.com/index.cfm/act/contact-us.
By
accepting these Terms of Use, you are consenting to the use of electronic
records as well as to the provision of disclosures and other communications via
electronic means. You have the right to
withdraw your consent at any time. To withdraw
consent, you may send a written request to WilliamPaid LLC, Attention: Legal Department, 601 Skokie Blvd., Suite 2A,
Northbrook, IL 60062 or through our website at www.williampaid.com/index.cfm/act/contact-us.
If consent is withdrawn, you will be provided with paper versions of all documents
and all subsequent communications will be done either by phone or by regular
mail.
ELECTRONIC FUNDS TRANSFER (EFT) DISCLOSURE
Electronic Fund Transfers.
Upon selection and due written authorization by you, WilliamPaid will effect
electronic fund transfers (EFTs) via the Automated Clearing House (ACH) system.
Such transfers may include debits and credits, including recurrent and
preauthorized periodic transactions, to a User’s bank accounts consistent with
the Electronic Fund Transfer Act, 15 U.S.C. §1693 et seq. (EFTA), Regulation E,
the Electronic Signatures in Global and National Commerce Act of 2000, 15.
U.S.C. §7001 et seq. (E-Sign) and the Terms of Use.
You
acknowledge the following:
1.
We will disclose information to third
parties about your account or the transfers you make: (a) as necessary to
complete transfers; (b) to verify the existence of sufficient funds to cover
specific transactions upon the request of a third party, such as a credit
bureau; (c) to comply with government agency or court orders; or (d) if you
give us your written permission.
2.
Scheduled EFTs are limited to no more
than two per month, absent extenuating circumstances or WilliamPaid’s consent.
3.
There is a three (3) Business Day
clearing period for all EFTs.
4.
The dollar amount of individual EFTs is
limited to no more than $2,500.
5.
There is the possibility of liability to
you for any unauthorized EFT.
6.
There is a duty on you to promptly report
unauthorized transfers to WilliamPaid and, where applicable, to the payee’s
financial institution.
7.
Your right to stop payment or
disbursement of a preauthorized EFT by notifying WilliamPaid at least 24 hours
before a payment is to be charged to your credit or debit card or debited from
your bank account and WilliamPaid’s established procedures to initiate such
stoppages.
8.
The right to receive documentation of
EFTs electronically, or in paper format when you explicitly request.
9.
WilliamPaid shall not be responsible for
late or missed payments, payments made to unintended recipients due to the
provision of incorrect information by you or for payments made in incorrect
amounts owing to error or omission by you.
10. You
shall immediately notify WilliamPaid of any changes to your bank account
information. WilliamPaid shall make commercially reasonable efforts to ensure
payments are made accurately, but WilliamPaid will not be responsible for any
costs or liabilities incurred by you resulting from inaccurate or outdated bank
account information.
11. The
necessity of occasional adjustment entries in your account, including a
reversal of a debit or credit, as a result of inaccurate or mistaken transfer.
12. WilliamPaid’s
potential liability pursuant to the EFTA and other applicable laws and
regulations.
From
time to time, it may be necessary for WilliamPaid to verify your bank account
information. You grant WilliamPaid the right to validate the authenticity of
your respective bank accounts and shall provide written authorization on behalf
of WilliamPaid, if required by your respective financial institution. You will
not request that WilliamPaid affect fund transfers exceeding your transfer
limitations or the available balance of the nominated bank account (including
any overdraft allowances by your bank).
If there are insufficient funds in your bank account to cover a
requested transaction, or if your bank rejects a payment for any other reason,
WilliamPaid may charge you an Non-sufficient Funds Fee (“NSF fee”) according to
its then current fee schedule. In case
of insufficient funds, you will receive prompt notification. You acknowledge
that WilliamPaid is not responsible for any problems or delays in the ACH, EFT
or banking systems or for other problems or delays associated with such systems
beyond its control. While WilliamPaid shall attempt to expedite EFT
transactions on your behalf, WilliamPaid will not be responsible for any costs
or liabilities incurred by you owing to delays beyond the time periods
ordinarily required for funds clearance or to otherwise complete an ACH or EFT
transaction. In the event WilliamPaid
makes an EFT to one of your payees and is subsequently unable to collect those
funds from you for any reason (including, without limitation, insufficient
funds or fraud), the payment will be reversed and WilliamPaid will withdraw
such funds from the recipient’s account. You expressly authorize such reversal
consistent with the EFT and customary and prevailing ACH rules. WilliamPaid further reserves the right to use
any and all other legal rights and remedies to recover amounts not collected
via reversal of the payment as well as to recover other fees paid or losses
incurred by WilliamPaid resulting from the reversed transaction.
Where
applicable, relevant account information may be sent to a credit-reporting
agency and/or a collection agency for further action. In addition, WilliamPaid
will report instances of fraud, misrepresentation or other unlawful activity to
appropriate administrative, judicial and law-enforcement agencies and shall
cooperate fully with any investigation.
WILLIAMPAID CREDIT REPORTING DISPUTE
RESOLUTION POLICY AND CREDIT REPORT INFORMATION DISCLOSURE
A. Dispute
of Credit Reporting Information by Client
1. Notice of Dispute. A User may dispute an entry on their credit
report from a WilliamPaid account by notifying WilliamPaid either by mail or by
other means available to the User. The
User shall provide the following information as part of any dispute of
information provided by WilliamPaid:
a. Name of consumer
b. Name of counterparty (i.e. Landlord)
c. A brief description of the disputed
information
d. Address of User or other means for WilliamPaid to contact User with results of investigation
2. Investigation of Disputed
Information. Upon receipt of a
notice of dispute from a User, WilliamPaid will, free of charge, conduct a
reasonable investigation and make a determination of the status of the disputed
information within three (3) Business Days of receipt of the notice of dispute
from the User. The investigation shall include, but is not limited to, all
relevant information provided by the User.
The determination shall be one of the following three options:
a. The dispute is frivolous or irrelevant
and the information originally provided is accurate;
b. The disputed information is inaccurate;
or
c. More information is necessary to make a
final determination regarding the disputed information.
3. Notification
of Determination. Once a final
determination has been made regarding the disputed information, WilliamPaid
will notify the User by mail or, if authorized by the User for that purpose, by
other means available to WilliamPaid within five (5) Business Days of the
determination regarding the disputed information.
If WilliamPaid determines that the
dispute is frivolous or irrelevant, WilliamPaid shall notify the User by mail
or, if authorized by the consumer for that purpose, by other means available to
WilliamPaid. Said notice shall include:
§
The reasons for the determination; and
§
Identification of any information
required to investigate the disputed information.
If WilliamPaid determines that the
disputed information is inaccurate, WilliamPaid shall notify the User by mail
or, if authorized by the consumer for that purpose, by other means available to
WilliamPaid within five (5) Business Days of the determination and will
promptly notify all credit reporting agencies (“CRA”) to which WilliamPaid
provided said information and request that they delete or modify the
information as appropriate.
If WilliamPaid determines that more
information is necessary to complete its investigation, WilliamPaid will notify
the User, and the User’s counterparty if necessary, and request additional
information from them to help make a final determination as to the disputed
information.
4. Additional
Information Request. Upon receipt of
the additional information, WilliamPaid shall make a final determination on the
disputed information, considering all information provided by all parties,
within thirty (30) days of receipt of the notice of dispute by WilliamPaid
under this section. Notice of said determination shall be forwarded to the User
as described above.
B. Dispute
of Credit Reporting Information by Credit Reporting Agency
1. Investigation
of Disputed Information. Upon receipt of a notice of dispute from a CRA,
WilliamPaid will, free of charge, conduct a reasonable investigation and make a
determination of the status of the disputed information within three (3)
Business Days of receipt of the notice of dispute from the CRA. Said investigation
shall review all relevant information provided by the CRA, including
information given to the CRA by the User. The determination shall be one of the
following three options: (1) the dispute is frivolous or irrelevant and the
information provided is accurate; (2) the disputed information is inaccurate;
or (3) more information is necessary to make a final determination regarding
the disputed information.
2. Notification
of Determination. Once a
determination has been made regarding the disputed information, WilliamPaid
will notify the CRA by mail or, if authorized by the CRA for that purpose, by
other means available to WilliamPaid within five (5) Business Days of the
determination regarding the disputed information.
If WilliamPaid determines that the dispute is frivolous or irrelevant, WilliamPaid shall notify the CRA by mail or, if authorized by the CRA for that purpose, by other means available to WilliamPaid. Said notice shall include:
§
The reasons for the determination; and
§
Identification of any information
required to investigate the disputed information.
If WilliamPaid determines that the
disputed information is inaccurate, WilliamPaid shall notify the CRA and the
User by mail or, if authorized by the CRA or the User for that purpose, by
other means available to WilliamPaid, within five (5) Business Days of the
determination and will immediately request that CRA delete or modify the
information as appropriate.
If WilliamPaid determines that more
information is necessary to complete its investigation, WilliamPaid will notify
the CRA and the User, and the User’s counterparty, if necessary, and request
additional information from them to help make a final determination as to the
disputed information.
3. Additional
Information Request. Upon receipt of
the additional information, WilliamPaid shall make a final determination on the
disputed information, considering all information provided by all parties,
within thirty (30) days of receipt of the notice of dispute from the CRA.
Notice of said determination shall then be forwarded to the CRA as described
above.
C. Credit
Report Information Disclosure
By agreeing to the Terms of Use, you
expressly consent to allow WilliamPaid to access your credit report no more
than once every calendar year. These
reports are obtained solely for WilliamPaid’s internal uses and information
contained in any credit reports obtained by WilliamPaid will remain strictly
confidential and shall not be shared with any other party (See WilliamPaid’s
Privacy Policy). If you have any
questions, please feel free to contact WilliamPaid through our website at www.williampaid.com/index.cfm/act/contact-us. You may also write to us at WilliamPaid LLC
Attn: Credit Reporting Department at 601 Skokie Blvd. Suite 2A, Northbrook, IL
60062.
ERROR RESOLUTION POLICY – REGULATION E
WilliamPaid
provides this error-resolution notice in compliance with the Federal Reserve’s
Regulation E, which governs electronic fund transfers (EFTs). You may recognize
EFTs by other names, notably direct deposits and direct debits. If you have selected EFTs in conjunction with
your payment transaction, the Federal Reserve requires that you be given
initial and annual notices of your rights regarding error resolution procedures
involving your account and any EFTs relating to it which you believe may have
been made incorrectly or contain an error. Please bear in mind that customer
service is a top priority for us. Timeframes
noted below are therefore the maximum periods allowed. WilliamPaid’s objective
remains to respond as promptly and accurately as possible to your inquiries.
Please
retain this notice for your records and future reference. Further information
regarding EFT error resolution is also available in the WilliamPaid Terms of
Use, to which you have previously indicated your consent. To review, print or
electronically save the Terms of Use, visit www.williampaid.com/index.cfm/act/terms-of-use.
IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR
ELECTRONIC TRANSFERS
You
may contact us through our website at www.williampaid.com/index.cfm/act/contact-us. You can also write to us at WilliamPaid LLC
Attn: Electronic Transfers Department at 601 Skokie Blvd. Suite 2A, Northbrook,
IL 60062. You should contact WilliamPaid
as soon as you can if you think there is a problem with your account, that your
confirmatory e-mail or statement is wrong, that an EFT was made incorrectly or
in error, or if you simply need more information about an EFT or other transfer
noted on a confirmatory e-mail or statement. We must hear from you no later
than sixty (60) days after we sent the FIRST confirmation in which the
potential problem or error appeared.
If
you contact us regarding an error, please be sure to do the following:
1. Tell us your full name and WilliamPaid
account number
2. Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information; and
3. Tell us the exact dollar amount of
the suspected error.
Please
do NOT include sensitive information such as complete bank-account numbers if
you wish to contact us via e-mail. WilliamPaid recommends confidential
communications sent electronically instead be made by logging in to your
account on our secure website. If you contact us orally, we may require that
you also send WilliamPaid your complaint or question in writing (including via
e-mail or on our secure website) within ten (10) Business Days. We will
normally determine whether an error occurred within ten (10) Business Days
after we receive contact from you, and will correct any error promptly. If we
need more time, however, we may take up to forty-five (45) days to investigate
your complaint or question. If we decide to pursue such an investigation, we
may credit your account within ten (10) Business Days for the amount you think
is in error, so that you will have the use of the money during the time it
takes us to complete our investigation. Such credits will be discretionary and
made in good faith, taking into account the rights, obligations and
expectations of both you and your counterparty. If we ask you to put your
complaint or question in writing and we do not receive it within ten (10)
Business Days, we may not credit your account. For errors involving new
accounts, we may take up to ninety (90) days to investigate your complaint or
question. For new accounts, we may take up to twenty (20) Business Days to
credit your account for the amount you think is in error. We will tell you the
results within three (3) Business Days after completing our investigation. If
we decide that there was no error, we will send you a written explanation
(including via e-mail or as a message in your online account on our secure
website). You may request copies or summations of documents and information
used in our investigation. However, you are advised that given WilliamPaid’s
largely automated business methods and processes, our investigation may be
conducted primarily or entirely by electronic means. Consequently,
documentation provided to you may be in similar format or replicated from
WilliamPaid’s electronic investigation.
