AutoPayPlus Terms of Service

 

These Terms of Service were last revised on September 1, 2015.

 

1. Acceptance of Terms

Welcome and thank you for your patronage.   AutoPayPlus, a registered d/b/a of US Equity Advantage, Inc., a Florida corporation (“AutoPayPlus” or “us” or “we” or “our”) and provides its applications, products and services (collectively, the “Service” or “Services”) to you under the terms of this Agreement, which may be modified from time to time, and which in some cases may require additional terms and conditions for specific products or services.  You should read those Additional Terms carefully as well. If there is a conflict between the relevant Additional Terms and these terms, the Additional Terms will control.  We may modify these terms or any Additional Terms that apply to a particular Service at any time. Any changes will be effective upon posting. We will post notice on this page of modifications that we make to these terms. By continuing to use the Services following any modification to these terms, you agree to the terms as modified.   We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether and we may terminate, suspend, change, or restrict access to all or any part of the Services, in each case without notice or liability.

 

By accessing and using our Services, including, without limitation, automated payment processing, obtaining your credit score, credit report, credit monitoring or account monitoring, analysis of related information, offers for products and services from us and/or our partners, you are agreeing to these Terms of Service, our Privacy Policy and all other policies or notices posted by us on our Sites at the time of such access or use, all of which are incorporated herein by reference. You should read them carefully.

 

2. Permission to Use the Service

You have our permission to use the Service, but only if you are 18 years or older, are using the Service for your own personal use and follow all of the rules and restrictions in these Terms of Service and other Agreements posted on the sites, including but not limited to the initial Enrollment Agreement.  By registering and agreeing to these terms of service you certify that you have a valid U.S. Social Security Number and bank account and that all information you provide to us about yourself and your third party financial accounts must be true, accurate, current and complete. You are required to keep all information up to date and accurate. You further agree not to misrepresent your identity, your personal information or your third party account information.

 

3. Accounts; Passwords; Security

You will need to set up an account (aka a Customer Portal Account) in order to use some of the features of the Service. You have complete responsibility for your account and everything that happens on your account. This means that you need to be careful with your password. If you find out that someone is using your account without your permission, you must contact us immediately.

 

4. Personal Use Only

We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose whatsoever.

 

5. Intellectual Property

We hold or license all necessary intellectual property rights pertaining to the content and materials used in the Services (the “Content”), including, without limitation, the copyright to all Content and the trademarks or service marks to company, product, and service names and logos used and displayed on the Services, including, without limitation, AutoPayPlus (including the AutoPayPlus logo), AutoPayPlus.com, and all related logos (all such trademarks or service marks, the ” AutoPayPlus Trademarks”). The Content and AutoPayPlus Trademarks are protected by U.S. and International intellectual property laws and treaties. You are permitted to use the Content only on the Services and you may not copy, reproduce, distribute, republish, display, post or transmit in any form (including, without limitation, linking to or mirroring) the Content or AutoPayPlus Trademarks without our express prior written consent. The Content and the AutoPayPlus Trademarks are and will remain the property of AutoPayPlus or its licensors. You may not modify, sell, transfer or create derivative works based on any Content or AutoPayPlus Trademarks, in whole or in part. You may not reverse engineer or reverse compile any of our Services or the Services’ technologies.   The Services may also display company, product, and service name and logos that are trademarks or service marks owned by our partners (“Partner Trademarks”). Nothing in the Services grants you, by implication, estoppel, or otherwise, any license or right to use copy, display, distribute, modify, or reproduce any of the AutoPayPlus Trademarks or Partner Trademarks.  You may not use the Services in any manner that infringes upon the rights of any third party. If you believe, in good faith, that any Content infringes upon your copyrights, notice of claimed copyright infringement should be sent to our office to the attention of the CEO.  In connection with any such claim, we may request additional information before we remove any infringing material.

 

6. Fees

Your ability to receive the AutoPayPlus Service is effective for the period covered by your initial Enrollment Agreement (aka Authorization to Debit) and is conditioned on the payment of it’s one time and ongoing transaction fees and continues until either the payoff date of your initial loan enrolled or if our agreement is terminated at an earlier date or extended by us for any reason whatsoever.

Further terms and conditions regarding fees are included in the Enrollment Agreement that you signed prior to registering an account with us and you should review them again carefully.  A copy of your Enrollment Agreement is included in your Customer Portal Account.

Should you choose to cancel the Services for any reason before expiration of the initial loan term for which you enrolled, you must call (800) 894-5000.  Enrollment fees are non-refundable.

 

7. Our Rights to Communicate and Use Information

We may retain information that you provide, and we obtain, during your use of the Service. We may, from time to time, use this information to match you with offers for products and services made available either by us or our partners. We will make these offers available to you at your convenience and there will be no obligation to accept any offer.

When you apply for a product or service through the Service, you are establishing a business relationship with AutoPayPlus and, in some cases, with companies that also provide products or services through us. If you submit a request or application for a product or service that is made available through the Service partner of AutoPayPlus, AutoPayPlus may share your personal information with said partner(s) with your permission or as permitted by law and described in AutoPayPlus’ Privacy Policy. This information may be used by AutoPayPlus or provided by AutoPayPlus to third parties that may contact you, with respect to (A) your application or request, (B) the status of your application, (C) alternatives available to you in the event your application is rejected, (D) other products or services offered by or through AutoPayPlus and its partners or (E) as relevant and as permitted by law, obtaining consumer report and public records information to verify your identity and process your request or application.

 

8. Sale of Additional Products and Services

The Service may also include the offer for sale of additional products and services not contracted previously for an amount in addition to that paid for use of the Service. Any offer for sale or purchase of such products and services is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular products and services through our Service.  We are not responsible for any such transactions or products and services unless we are the vendor, in which case the terms of purchase we have posted for those products and services shall apply. Purchase of such Products is optional and voluntary, and you must affirmatively request or consent to purchase any such product and/or service.

 

9. Links to Other Sites

AutoPayPlus may provide you with access to third parties solely for your convenience. The provision of access does not signify an endorsement by AutoPayPlus of the third party’s website or the products and/or services offered thereby. AutoPayPlus has no control over, does not review, and cannot be responsible for any non-AutoPayPlus website(s) or the content on said sites. Your use of a non-AutoPayPlus website(s), its product or services will be subject to that third party’s terms of use and privacy policy. If you decide to purchase or use the products and/or services of a third party, any transaction between you and said third party (including any agreement governing such a transaction) will be strictly between you and the third party. AutoPayPlus has no control over the third party’s obligations to you, and makes no representations or warranties with respect to the third party’s products, services or performance. It is your responsibility to take precautions to ensure that third party websites are free of viruses or other items of a destructive nature.

YOU AGREE THAT AUTOPAYPLUS WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH ANY THIRD PARTY, ANY INFORMATION YOU PROVIDE TO A THIRD PARTY, A THIRD PARTY ‘S COMPLIANCE WITH LAW, OR A THIRD PARTY’S MISUSE OF YOUR INFORMATION.

 

10. Warranties and Disclaimers

USE OF THE SERVICES, THE CONTENT AND ANY MATERIALS OBTAINED THROUGH YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. AUTOPAYPLUS MAY DISCONTINUE OR MAKE CHANGES IN THE SERVICES OR THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU OR ANY THIRD PARTY. NONE OF AUTOPAYPLUS NOR ANY OF OUR AFFILIATES, REPRESENTATIVES, AGENTS, OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, VENDORS, INDEPENDENT CONTRACTORS, LICENSORS OR REPRESENTATIVES (COLLECTIVELY, THE “AUTOPAYPLUS PARTIES”) UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY CONTENT OR OTHER INFORMATION PUBLISHED THROUGH THE SERVICES.  WE PROVIDE THE SERVICES AND CONTENT “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND NEITHER WE NOR THE AUTOPAYPLUS PARTIES MAKE ANY WARRANTIES ABOUT THE RELIABILITY, ACCURACY OR USEFULNESS OF THE CONTENT OR THE SERVICES, USER CONTENT, OR SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM AUTOPAYPLUSOR VIA THE SERVICES. THE AUTOPAYPLUS PARTIES FURTHER MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE QUALITY OF ANY OF THE CONTENT, THE SERVICES, THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (iv) ANY ERRORS IN TECHNOLOGY WILL BE CORRECTED.  FURTHER, THE AUTOPAYPLUS PARTIES DISCLAIM ALL OTHER WARRANTIES RELATING TO THE SERVICES OR THE CONTENT, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT SUCH WARRANTIES ARE REQUIRED BY APPLICABLE LAW.

 

YOU ACKNOWLEDGE THAT AUTOPAYPLUS IS SOLELY AN INTERMEDIARY BETWEEN (I) YOU AND THE NATIONAL CREDIT REPORTING AGENCY OR OTHER INFORMATION PROVIDERS ACTUALLY FURNISHING YOUR CREDIT REPORTS, CREDIT SCORES AND OTHER FINANCIAL  INFORMATION, AND (II) IF APPLICABLE, YOU AND OUR PARTNERS FOR WHOM WE MAY DISPLAY OFFERS FOR FINANCIAL PRODUCTS AND SERVICES.  YOU ALSO ACKNOWLEDGE THAT, THE ANALYSES AND TOOLS AVAILABLE THROUGH THE SERVICES, INCLUDING, WITHOUT LIMITATION, EQUITY PROJECTIONS, EARLY PAYOFF DATES, SAVINGS ESTIMATES AND CREDIT SIMULATIONS, ARE BASED ON ASSUMPTIONS AND SUBJECT TO THE LIMITATIONS DISCLOSED WITH RESPECT TO EACH SUCH ANALYSIS OR TOOL. THE AUTOPAYPLUS PARTIES EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE INACCURACY OR INCOMPLETENESS OF ANY SUCH CREDIT REPORTS OR LOAN/ACCOUNT INFORMATION, CREDIT SCORES, ANALYSIS OF RELATED INFORMATION, SAVINGS ESTIMATES, EQUITY PROJECTIONS, EARLY PAYOFF DATES, OTHER INFORMATION, TOOLS OR ANALYSES AVAILABLE THROUGH THE SERVICES OR THE CONTENT; THE AVAILABILITY OR LEGALITY OF ANY OF THE OFFERS FROM OUR PARTNERS; OR ANY TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE AUTOPAYPLUS PARTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

 

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

 

11. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL THE AUTOPAYPLUS PARTIES BE LIABLE FOR ANY LOSS OR DAMAGES INCLUDING, WITHOUT LIMITATION, GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, DAMAGE TO CREDIT RATING AND/OR OTHER INTANGIBLE LOSSES) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE AUTOPAYPLUS PARTIES, OR REPRESENTATIVES THEREOF, ARE OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES, ARISING OUT OF OR RELATING IN ANY WAY TO: (A) ANY PARTY’S USE OR INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY THIRD-PARTY SITE TO WHICH THE SERVICES OR CONTENT LINK; (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (C) THE COST OF GETTING SUBSTITUTE GOODS OR SERVICES; (D) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES; (E) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (F) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; (G) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY SITE; OR (H) ANY OTHER MATTER ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THE CONTENT OR USER CONTENT. THE AUTOPAYPLUS PARTIES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.

 

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR THE CONTENT IS TO DISCONTINUE USING THE SERVICES AND TO TERMINATE YOUR ACCOUNT.

 

IN NO EVENT WILL THE AUTOPAYPLUS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER EXCEED TEN UNITED STATES DOLLARS ($10.00 USD).

 

12. Waiver of Unknown Claims

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR,”AND, TO THE EXTENT APPLICABLE, CORRESPONDING RIGHTS UNDER ANY SIMILAR LAW OF ANY STATE, IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE AUTOPAYPLUS PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

13. Indemnity

You agree to indemnify, defend (if we so request) and hold harmless AutoPayPlus and its affiliates, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Content (if applicable), your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third party or any State of Federal law.  You shall not in any event settle any such claim or matter without the prior written consent of AutoPayPlus. The AutoPayPlus Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

 

Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.

 

14. Termination and Suspension

We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities.

You may terminate your use of the Service by canceling your AutoPayPlus Service. If you need help closing your account, please contact us as described above or on our website at www.AutoPayPlus.com.

Upon any termination we may delete your account, data, passwords and/or all other information that may have been provided by you and we may bar you from further use of the Service. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.

 

15. Export Control

You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations.

 

16. Right to Dispute

If you have questions regarding your credit report or would like to dispute information, you may request an investigation by contacting the consumer reporting agency that supplied the information, as indicated in your credit report. You do not have to purchase your credit report or other information to dispute inaccurate or incomplete information in your credit report.

AutoPayPlus is not responsible for the accuracy or contents of your credit file, including, but not limited to, information delivered in the credit report and/or score products.

 

17. Not a Credit Repair Organization or Contract

AutoPayPlus and its affiliates are not credit repair organizations or similarly regulated organizations under other applicable laws, 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. We do not claim that we are able to “clean up” or “improve” your credit record, credit history, or credit rating. You acknowledge and agree that you are not seeking to use or access the Service in order to do so.

Accurate adverse information on your credit report cannot be changed. If you believe that your credit report contains inaccurate, non-fraudulent information, it is your responsibility to contact the relevant consumer reporting agency and follow the appropriate procedures for notifying the consumer reporting agency that you believe that your credit report contains an inaccuracy. Any information provided to you regarding the procedures followed by the various consumer reporting companies related to the removal of inaccurate, non-fraudulent information is provided without charge to you and is available for free. Any such information is not included as part of the AutoPayPlus Services, but is provided free of charge to all consumers, regardless of whether you have enrolled in AutoPayPlus.

 

18. General Terms

Governing Law and Dispute Resolution.  The laws of the State of Florida, excluding the conflicts of law provisions thereof, will apply to any disputes arising out of or in any way related to these terms or the Services. All claims arising out of or in any way related to these terms or the Services will be litigated exclusively in a federal or state court of competent jurisdiction in Orange County, Florida, and you and AutoPayPlus submit to personal jurisdiction in those courts.

 

NO CLASS ACTIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAKE AGAINST CREDIT KARMA OR THE CREDIT KARMA PARTIES ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THE SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.

 

YOU AGREE THAT IF YOU WANT TO SUE US, YOU MUST FILE YOUR LAWSUIT WITHIN ONE YEAR AFTER THE EVENT THAT GAVE RISE TO YOUR LAWSUIT. OTHERWISE, YOUR LAWSUIT WILL BE PERMANENTLY BARRED.

Entire Agreement and Waiver.  These Terms of Service, together with our Privacy Policy, Enrollment Agreement and any other legal terms or notices we have published on the Service, constitute the entire agreement between you and us regarding this Service. If a court having proper authority decides that any portion of these Terms of Service or other AutoPayPlus agreement incorporated herein by reference is invalid, only the part that is invalid will not apply. The rest of these Terms of Service and other incorporated agreements will still be in effect. If we waive any of our rights under these Terms of Service in any particular instance, it does not mean that we are waiving our rights generally or in the future. Furthermore, just because we may not enforce all our rights all of the time, it does not mean that we are waiving our rights. We may decide to enforce them at a later date.

Assignment and Force Majeure.  These Terms of Service, and any rights and licenses granted under these Terms of Service, together will all other rights and obligations contained in any other legal terms or notices we have published on the Service may not be transferred or assigned by you, but may be freely assigned by us without restriction. We will not be liable to you for any delay or failure to perform any obligation we have under these Terms of Service if the delay or failure is due to events which are beyond our reasonable control, including but not limited to any strike, blockade, war, act of terrorism, riot, natural disaster, failure or diminishment of power or of telecommunications or data networks or services, or refusal of approval or a license by a government agency.

Monitoring of the Services and Disclosure for Administrative and Legal Reasons.  AutoPayPlus has the right, but not the obligation, to monitor the Services electronically. We may access, use, preserve, transfer and disclose any information (including Personal Information) to: (i) satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such action is required or permitted by law; (ii) enforce these terms, including investigation of potential violations thereof; (iii) protect the safety, rights, property or security of our Services or equipment or any third party; or (iv) detect, prevent or otherwise address fraud, security or technical issues. Any such access, use, preservation, transfer or disclosure may be carried out without notice to you at any time.

 

Legal Construction.  The titles contained in these Terms of Service are inserted only as a matter of convenience and have no legal or contractual effect. You agree that the terms hereof or any other AutoPayPlus agreement will not be construed against AutoPayPlus by virtue of AutoPayPlus having drafted them.

 

Contacting Us

If you have questions regarding the terms or the practices of AutoPayPlus, please contact us by e-mail at legal@autopayplus.com

 

Last Updated: November 9, 2015