Financial Payments Web Site Card Processing Policies

Acceptance of Terms and Conditions.
1. This Terms and Conditions document, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 10 (the "TC"), is an agreement which you must accept in order to use the Financial Payments Service or the "Site," as described below). It is applicable to (a) "all individuals who use the Site to make payments or set up payment plans.
  
  The terms "You" and "users" encompass all users. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. Financial Payments ("we" "us") only provides its payment service (as defined below) to you subject to this TC. By accepting this TC or by accessing or using the Service or Site, you acknowledge that you agree to be bound by this TC (including the Privacy Policy, which is incorporated here by reference).
2. You acknowledge that this TC is a contract between you and Financial Payments, even though it is electronic and is not physically signed by you and Financial Payments, and it governs your use of the Service.
3. If we make a material change to the TC, we will provide you with reasonable notice prior to the changes either by emailing the email address associated with your account or by posting a notice on the Site. You can review the most current version of the TC at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this TC is not acceptable to you, your only remedy is to cancel your account and stop using the Services.
4. As part of the registration process, you will identify an user name (in the form of an email address) and password for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.
5. By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this TC.
Description of Service.
The Financial Payments site will allow you to make a payment to a college or university where you are enrolled and owe an amount to the college. This payment will be a credit / debit card transaction. The site will also allow you to commit to a payment plan where multiple payments can be set over time, to pay the amount that you owe to the college or university where you are enrolled. These payments can be credit /debit cards or ACH drafts to your checking account.
Access and Use of the Service.
1. You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Financial Payments in its sole discretion). You shall comply with any codes of conduct, policies, storage limitations, or other notices Financial Payments provides you or publishes in connection with the Service from time to time, and you shall promptly notify Financial Payments if you learn of a security breach related to the Service.
2. Any software that may be made available by Financial Payments in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Any rights not expressly granted herein are reserved.
Your Data Rights and Related Responsibilities.
1. "Your Data" means any data and content stored or transmitted via the Services by or on behalf of you. Financial Payments will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.
2. In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. Your acceptance of this TC gives us the permission to do so, and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent: they terminate whenever you remove all or part of Your Data from The Service. We claim no ownership over Your Data.
Payment.
1. To the extent any portion of the Service is made available for a fee, you will be required to select a payment plan and provide Financial Payments accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Financial Payments the amount that is specified in the applicable payment plan in accordance with the terms set forth in the Service and this TOS, and you authorize Financial Payments to bill your payment instrument in advance on a periodic basis in accordance with such terms. If you dispute any charges you must let Financial Payments know within sixty (60) days after the date that Financial Payments invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Financial Payments may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated.
Refunds
Due to the nature of the Service, Refunds or Adjustments are requested by contacting the college where you are enrolled. This Service does not generate refunds for amounts collected.
Representations and Warranties.
You represent and warrant to Financial Payments that (i) you have full power and authority to enter into this TOS; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow Financial Payments to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and other activities in connection with the Service, and Financial Payments' exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party's copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You acknowledge, consent and agree that Financial Payments may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Financial Payments and its users.
Termination.
You have the right to terminate your account at any time by contacting Financial Payments at collegegreenpayments@financialpayments.com or by contacting your college that you are enrolled in. We also reserve the right to terminate your account (or the access privileges of any Member) and this TOS at any time for any reason, or no reason, with or without notice. Upon termination of your account, we will have no obligation to maintain or provide Your Data, and will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited. However, all accrued rights to payment and the terms of Section 5 shall survive termination of this TOS.
Disclaimer of Warranties.
1. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but Financial Payments shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that Your Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. Additionally, while Financial Payments takes steps to ensure that information provided to its third party vendors and hosting partners is transmitted using reasonable security measures, it does not guarantee that these transmissions will be encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data. Financial Payments will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
2. THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND Financial Payments EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT Financial Payments DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM Financial Payments OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
Limitation of Liability.
1. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL Financial Payments BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE to YOUR CLAIM or, IF NO FEES APPLY, one hundred ($100) U.S. dollars, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS.
2. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, Financial Payments' LIABILITY WILL BE LIMITED TO THE LEAST EXTENT PERMITTED BY LAW.
Dispute Resolution/Arbitration.
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, will be resolved as follows:
1. Informal Resolution. We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested.
  You will send your notice by email to collegegreenpayments@financialpayments.com AND to the address listed directly below.
Arbitration.
Upon the demand of you or FP, any dispute concerning the parties' duties or liabilities under this agreement shall be resolved by binding arbitration in accordance with the terms of this agreement. Arbitration proceedings shall be administered by the American Arbitration Association ("AAA") or such other administrator as the parties shall mutually agree upon in accordance with the AAA Commercial Arbitration Rules. All disputes submitted to arbitration shall be resolved in accordance with the Federal Arbitration ACT (Title 9 of the United States Code), notwithstanding any conflicting choice of law provision. The arbitration shall be conducted at a location in Amarillo, Texas selected by the AAA or other administrator. All statutes of limitation applicable to any dispute shall apply to any arbitration proceeding. All discovery activities shall be expressly limited to matters directly relevant to the dispute being arbitrated. Judgment upon any award rendered in arbitration may be entered in any court having jurisdiction.
STATUTE OF LIMITATIONS.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with Financial Payments within one (1) year after such Claim or cause of action arose or be forever barred. For Claims pursuant to the exceptions identified in Section 10.4, these Claims must be filed with the appropriate court within three (3) years after such claim or cause of action arose or be forever barred.
Indemnification.
You shall defend, indemnify, and hold harmless Financial Payments from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Data, or your (and your Members') use or misuse of the Service. Financial Payments shall provide notice to you of any such claim, suit or demand. Financial Payments reserves the right to conduct the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting Financial Payments' defense of such matters.
Enforceability.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
Notices.
Except as otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Choice of Law and Forum.
You and Financial Payments each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Texas without regard to its conflict of law.
Waiver and Severability of Terms.
The failure of Financial Payments to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
No Right of Survivorship and Non-Transferability.
You agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may be available and accessible by Administrative Users.

Financial Payments
2201 Civic Circle
Suite 705
Amarillo, TX 79109