Azlo CheckFreePay Terms and Conditions

 CheckFreePay Terms and Conditions

Terms and Conditions
Document effective April 18, 2018
A. AGREEMENT; INTRODUCTION TO THE SERVICES
These Terms and Conditions for Bill Pay Services (hereinafter “Agreement”) form a binding,
enforceable contract between you and CheckFreePay Corporation, a subsidiary of Fiserv
Solutions,LLC, in connection with, and for the delivery of, the Electronic Bill Delivery (if available)
and Bill Payment Services described below (the “eBill Payment Services” or the “Services”) offered
through the Azlo website at www.azlo.com and/or mobile applications (if available) (the “Site”) by or
through CheckFreePay Corporation and/or its subsidiaries CheckFreePay Corporation of California
and CheckFreePay Corporation of New York (collectively, “CheckFreePay”). You understand and
agree that we do not operate the Site through which the Services are offered, and separate terms
and conditions and other notices and disclosures apply to the Site. This Agreement applies to and
sets forth the legally binding terms and conditions governing your use of the Services. By accessing
the Services, you acknowledge that you have read and agree to this Agreement. Please read this
Agreement carefully. “We,” “us,” and “our” refer to CheckFreePay, our service providers and the
Services, as applicable.

  1. Products and Services Available Elsewhere. We offer many products and services,
    some of which are available through other organizations such as banks, credit unions,
    brokerage firms, Internet portals, and others. This Agreement applies only to the Services
    offered through the Site. Products and services offered through other websites or
    organizations may be governed by different terms.
  2. Eligibility. The Services are offered only to individual residents of the United States who
    can form legally binding contracts under applicable law. Without limiting the foregoing, the
    Services are not offered to minors. Additional eligibility requirements apply to the users of
    the Services as specified in this Agreement.
  3. Our Relationship With You. We are an independent contractor for all purposes, except
    that for certain services, we act as your agent with respect to the custody of your funds.
    This Agreement does not alter your liability or obligations that currently exist between you
    and your Billers and other service providers. We do not have control of, or liability for, the
    Site and/or any products or services that are paid for using our Services. We also do not
    guarantee the identity of any user of the Services (including but not limited to Billers).
  4. Acceptable Use. You agree that you are independently responsible for complying with all
    applicable laws in all of your activities related to your use of the Services, regardless of the
    purpose of the use. In addition, you are prohibited from using the Services for activities
    that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial
    intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten
    others; (d) include any language or images that are bigoted, hateful, racially offensive,
    vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark,
    right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
    (f) impose an unreasonable or disproportionately large load on our infrastructure; (g)
    facilitate any viruses, trojan horses, worms or other computer programming routines that
    may damage, detrimentally interfere with, surreptitiously intercept or expropriate any
    system, data or information; (h) constitute use of any robot, spider, other automatic device,
    or manual process to monitor or copy the Service without our prior written permission; (i)
    constitute use of any device, software or routine to bypass technology protecting the
    Services, or interfere or attempt to interfere, with the Services; or (j) may cause us to lose
    any of the services from our service providers. We encourage you to provide notice to us
    by the methods described in section C.22 below entitled “Errors and Questions” of any
    violations of this section or the Agreement generally.
    B. TERMS AND CONDITIONS SPECIFIC TO THE EBILL PAYMENT
    SERVICE
    eBill Payment Service Definitions
    “Authorized User” means you and any individual who you allow to use the Services or your
    password or other means to access the eBill Payment Services.
    “Bill Payment” is a payment that is initiated by you through the eBill Payment Services to a Biller.
    “Biller” is the person or entity to which you wish a bill payment to be directed or is the person or
    The earliest possible Scheduled Payment Withdrawal Date will be designated within the
    application when you are scheduling the payment; delivery of payment to the applicable
    Biller will usually take five or fewer Business Days after the Scheduled Payment Withdrawal
    Date. When scheduling payments, you must select a Scheduled Payment Withdrawal Date
    that is at least five (5) Business Days before the actual Due Date reflected on your Biller
    statement unless the Due Date falls on a non-Business Day. If the actual Due Date falls on a
    non-Business Day, you must select a Scheduled Payment Withdrawal Date that is at least
    six (6) Business Days before the actual Due Date. Scheduled Payment Withdrawal Dates
    must also be at least six (6) Business Days prior to any late date or grace period.
  5. THE SERVICE GUARANTEE
    Due to circumstances beyond our control, particularly delays in handling and posting
    payments by Billers or financial institutions, some transactions may take longer to be
    credited to your Biller account. We will bear responsibility for any late payment related
    charges up to $50.00 should a payment post after its Due Date as long as the payment was
    scheduled in accordance with the guidelines described under “Payment Scheduling” in this
    Agreement.
  6. PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
    By providing us with names and account information of Billers to whom you wish to direct
    payments, you authorize us to follow the Payment Instructions that we receive through the
    payment system. In order to process payments more efficiently and effectively, we may edit
    or alter payment data or data formats in accordance with Biller directives.
    When we receive a Payment Instruction, you authorize us to debit your Payment Account on
    the Scheduled Payment Withdrawal Date and remit funds on your behalf. You certify and
    confirm you are authorized to make Bill Payments from the Payment Account, and any Bill
    Payment you make using the Services will debit/charge your Payment Account, which you
    are legally authorized to use. You also authorize us to credit your Payment Account for
    payments returned to us by the United States Postal Service or Biller, or payments remitted
    to you on behalf of another authorized user of the Services.
    We will use reasonable efforts to make all your payments properly. However, we shall incur
    no liability and any Service Guarantee as set forth in the Section above entitled “Service
    Guarantee” above shall be void if we are unable to complete any payments initiated by you
    because of the existence of any one or more of the following circumstances:
  7. If your Payment Account does not contain sufficient funds to complete the
    transaction or the transaction would exceed the credit limit or overdraft protection, if
    available, of your Payment Account;
  8. The Services are not working properly and you know or have been advised about
    the malfunction before you execute the transaction;
  9. If a Biller that makes available to you split-payment functionality (in which your Bill
    Payment may be split and allocated in various ways that such Biller may offer)
    does not split and/or allocate the payment in accordance with your Payment
    Instruction;
  10. You have not provided us with the correct Payment Account information, or the
    correct name, address, phone number, or account information for the Biller; and/or,
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  11. Circumstances beyond our control (such as, but not limited to, fire, flood, or
    interference from an outside force) prevent the proper execution of the transaction
    and we have taken reasonable precautions to avoid those circumstances.
    Provided none of the foregoing exceptions are applicable, if we cause an incorrect amount of
    funds to be removed from your Payment Account or causes funds from your Payment
    Account to be directed to a Biller which does not comply with your Payment Instructions, we
    shall be responsible for returning the improperly transferred funds to your Payment Account,
    and for directing to the proper Biller any previously misdirected transactions, and, if
    applicable, for any late payment related charges related to a Bill Payment, as described
    under the section B.2. above entitled “The Service Guarantee”.
  12. PAYMENT METHODS
    The Services reserves the right to select the method by which to remit funds on your behalf
    to your Biller. These payment methods may include, but may not be limited to, an electronic
    payment, check or a laser draft payment (funds remitted to the Biller are deducted from your
    Payment Account when the laser draft is presented to your bank for payment).
  13. PAYMENT CANCELLATION REQUESTS
    You may cancel or edit any Scheduled Payment (including recurring payments) by following
    the directions within the application. There is no charge for canceling or editing a Scheduled
    Payment. Once the Service has begun processing a payment it cannot be cancelled or
    edited, therefore a stop payment request must be submitted.
  14. STOP PAYMENT REQUESTS
    Our ability to process a stop payment request will depend on the payment method and
    whether or not a check has cleared. We may also not have a reasonable opportunity to act
    on any stop payment request after a payment has been processed. If you desire to stop any
    payment that has already been processed, you must contact customer service. Although we
    will make every effort to accommodate your request, we will have no liability for failing to do
    so. We may also require you to present your request in writing within fourteen (14) days after
    you notify us by phone. The charge, if any, for each stop payment request will be the current
    charge for such service as set out in the applicable fee schedule.
  15. PROHIBITED PAYMENTS
    The following types of payments are prohibited through the Services, and we have the right
    but not the obligation to monitor for, block, cancel and/or reverse such payments. Further, the
    Service Guarantee is void when these types of payments are scheduled and/or processed by
    the Services: (a)Payments to or from persons or entities located in prohibited jurisdictions
    (including any territory inside or outside of the United States); and (b) Payments that violate
    any law, statute, ordinance or regulation; and(c) Payments that violate section A.4. above
    entitled “Acceptable Use” ; and (d) Payments related to: (1) tobacco products, (2)
    prescription drugs and devices; (3) narcotics, steroids, controlled substances or other
    products that present a risk to consumer safety; (4) drug paraphernalia; (5) ammunition,
    firearms, or firearm parts or related accessories; (6) weapons or knives regulated under
    applicable law; (7) goods or services that encourage, promote, facilitate or instruct others to
    engage in illegal activity; (8) goods or services that are sexually oriented; (9) goods or
    services that promote hate, violence, racial intolerance, or the financial exploitation of a
    crime; (10) goods or services that defame, abuse, harass or threaten others; (11) goods or
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    services that include any language or images that are bigoted, hateful, racially offensive,
    vulgar, obscene, indecent or discourteous; (12) goods or services that advertise or sell to, or
    solicit others; or (13) goods or services that infringe or violate any copyright, trademark, right
    of publicity or privacy or any other proprietary right under the laws of any jurisdiction; and
    (e)Payments related to gambling, gaming and/or any other activity with an entry fee and a
    prize, including, but not limited to casino games, sports betting, horse or greyhound racing,
    lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is
    legally defined as a lottery) and sweepstakes; and(f)Payments relating to transactions that
    (1) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or
    multi-level marketing programs, (2) are associated with purchases of real property, annuities
    or lottery contracts, lay-away systems, off-shore banking or transactions to finance or
    refinance debts funded by a credit card, (3) are for the sale of items before the seller has
    control or possession of the item, (4) constitute money-laundering or terrorist financing; (5)
    are associated with the following “money service business” activities: the sale of traveler’s
    checks or money orders, currency dealers or exchanges or check cashing, or (6) provide
    credit repair or debt settlement services; and(g)Tax payments and court ordered payments.
    In addition to the above-referenced prohibited payments, we may also block and/or reverse
    payments that involve donations or payments to any charity or non-profit organization unless
    we have performed appropriate due diligence on and investigation of such charity or nonprofit organization and have determined its legitimacy, in our sole discretion. In no event shall
    we or our independent contractors or other third parties to whom we assign or delegate
    rights or responsibilities be liable for any claims or damages resulting from your scheduling
    of prohibited payments. We have no obligation to research or resolve any claim resulting
    from a prohibited payment. All research and resolution for any misapplied, misposted or
    misdirected prohibited payments will be your sole responsibility and not ours. We encourage
    you to provide notice to us by the methods described in section C.22.below of any violations
    of this section or the Agreement generally.
  16. AUTOMATIC BILL PAYMENTS
    We may provide you the option to set up automatic Bill Payments for some Billers (“Autopay
    Program”). Depending on each Biller’s specifications, you may be able to choose the date on
    which the Bill Payment will be received by the Biller and/or the option for paying an
    Electronic Bill, including but not limited to: 1) pay the amount due; 2) pay the minimum
    amount due; 3) pay the full account balance; or, 4) pay only those Electronic Bills that are
    less than or equal to an amount set by you as the Authorized User. By enrolling in the
    Autopay Program, you are authorizing us to initiate automatic deductions based on the
    autopay instructions you have specified from your Payment Account. The automatic Bill
    Payment will be deducted on the date specified by you during Autopay Program enrollment.
    Upon successful enrollment in the Autopay Program, an email confirmation will be sent to
    you confirming your enrollment. In the event that automatic Bill Payment cannot be
    processed for reasons including but not limited to the amount due for an Electronic Bill is
    greater than the amount limit you set during enrollment, we will notify you via the email
    associated with your profile so that you can make the Bill Payment using some other
    method. It is your sole responsibility to ensure that the email address and other contact
    information listed for your profile are accurate and current.
  17. BILL DELIVERY AND PRESENTMENT
    This feature, if available, is for the presentment of Electronic Bills only and it is your sole
    responsibility to contact your Billers directly if you do not receive your Billing Statements. You
    understand and acknowledge that we are unable to update or change your personal
    information such as, but not limited to, name, address, phone numbers and e-mail
    addresses, that you have established with the electronic Biller. Any changes will need to be
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    made by contacting the Biller directly. Additionally, it is your responsibility to maintain all
    usernames and passwords for all electronic Biller sites. You also agree not to use someone
    else’s information to gain unauthorized access to another person’s bill. The Services may
    provide to the Biller your e-mail address, service address, or other data specifically
    requested by the Biller at the time of activating the electronic bill for that Biller, for purposes
    of the Biller informing you about service and/or bill information. Additionally, we may provide
    to the Biller your e-mail address, service address and other information you provide to us for
    purposes of the Biller informing you about service and/or bill information or with respect to
    payment research or fraud investigations. Further, we may provide and use such information,
    as described in our Privacy Policy, which may be viewed at https://app.azlo.com/en/assets/
    pdf/Azlo-Privacy_Policy.pdf Upon activation of the Electronic Bills feature the Services may
    notify the Biller of your request to receive electronic billing information. The presentment of
    your first Electronic Bill may vary from Biller to Biller and may take up to sixty (60) days,
    depending on the billing cycle of each Biller. Additionally, the ability to receive a paper copy
    of your statement(s) is at the sole discretion of the Biller. While your Electronic Bill feature is
    being activated it is your responsibility to keep your accounts current. Each electronic Biller
    reserves the right to accept or deny your request to receive Electronic Bills. In some
    instances, if you have made a payment to a Biller through the eBill Payment Services, the
    Biller may elect to send your Billing Statement(s) to you electronically. The activation of the
    Electronic Bill feature for a Biller, whether through your active choice or an automatic action
    that we inform you of through the Service, shall be deemed by us to be your authorization for
    us to obtain bill data from the Biller on your behalf. For some Billers, you will be asked to
    provide us with your user name and password for that Biller. By providing us with such
    information, you authorize us to use the information to obtain your bill data.
  18. CANCELLATION OF ELECTRONIC BILL NOTIFICATION
    The Biller reserves the right to cancel the presentment of Electronic Bills at any time. You
    may cancel Electronic Bill presentment at any time by following the instructions within the
    eBill Payment Services. The timeframe for cancellation of your Electronic Bill presentment
    may vary from Biller to Biller. It may take up to sixty (60) days, depending on the billing cycle
    of each Biller. We will notify your electronic Biller(s) as to the change in status of your
    account and it is your sole responsibility to make arrangements for an alternative form of bill
    delivery. We will not be responsible for presenting any Electronic Bills that are already in
    process at the time of cancellation.
  19. NON-DELIVERY OF ELECTRONIC BILLS(S)
    You agree to hold the Services harmless should the Biller fail to deliver your statement(s).
    You are responsible for ensuring timely payment of all bills. Copies of previously delivered
    bills must be requested from the Biller directly.
  20. ACCURACY AND DISPUTE OF ELECTRONIC BILL
    We are not responsible for the accuracy of your Electronic Bill(s). The Services are only
    responsible for presenting the information we receive from the Biller. Any discrepancies or
    disputes regarding the accuracy of your Electronic Bill summary or detail must be addressed
    with the Biller directly.
  21. YOUR LIABILITY FOR UNAUTHORIZED TRANSFERS
    If you believe your password or other means of access to your eBill Payment Services
    account (or Payment Account) has been lost or stolen, you should notify us at once in
    accordance with the methods described in Section C.22. If you tell us within two (2) Business
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    Days after you discover your password or other means to access the eBill Payment Services
    has been lost or stolen, your liability is no more than $50.00 should someone access your
    eBill Payment Services account (or Payment Account) without your permission. If you do not
    tell us within two (2) Business Days after you learn of such loss or theft, and we can prove
    that we could have prevented the unauthorized use of your password or other means to
    access your eBill Payment Services account (or Payment Account) if you had told us, you
    could be liable for as much as $500.00. If your monthly bank statement associated with your
    Payment Account contains transfers through the eBill Payment Services that you did not
    authorize, you must tell us at once. If you do not tell us within sixty (60) days after the
    statement was sent to you, you may lose any amount transferred through the eBill Payment
    Services without your authorization after the sixty (60) days if we can demonstrate that we
    could have stopped someone from taking such funds had you told us in time. If a good
    reason (such as a long trip or a hospital stay) prevented you from telling us, we may extend
    the period.
  22. FAILED OR RETURNED TRANSACTIONS
    In using the Services, you are requesting us to make payments for you from your Payment
    Account. If we are unable to complete the transaction for any reason associated with your
    Payment Account (for example, there are insufficient funds in your Payment Account to cover
    the transaction), the transaction will not be completed.
  23. RETURNED PAYMENTS
    In using the Service, you understand that Billers and/or the United States Postal Service may
    return payments to us for various reasons such as, but not limited to, Biller’s forwarding
    address expired; Biller account number is not valid; Biller is unable to locate account; or
    Biller account is paid in full. We will use our best efforts to research and correct the returned
    payment and return it to your Biller, or void the payment and credit your Payment Account.
    You may receive notification from us.
    C. GENERAL TERMS AND CONDITIONS APPLICABLE TO THE
    SERVICES
  24. Your Privacy.
    Protecting your privacy is very important to us. Please review the Privacy Policy which may
    be viewed at https://app.azlo.com/en/assets/pdf/Azlo-Privacy_Policy.pdf in order to better
    understand our commitment to maintaining your privacy, as well as our use and disclosure of
    your information.
  25. Privacy of Others.
    If you receive information about another person through the Site or the Services, you agree
    to keep the information confidential, inform us immediately, and only use it in connection with
    the Services.
  26. Calls to You.
    BY REGISTERING FOR THE SERVICE AND PROVIDING US WITH A TELEPHONE
    NUMBER (INCLUDING A MOBILE NUMBER), YOU CONSENT TO RECEIVING
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    AUTODIALED AND PRERECORDED MESSAGE CALLS FROM US AT THAT NUMBER
    FOR SERVICE-RELATED PURPOSES. For example, we may contact you in connection
    with validating or processing a transaction that you’ve requested through the Service, and as
    otherwise described in our Privacy Policy which is located at https://app.azlo.com/en/assets/
    pdf/Azlo-Privacy_Policy.pdf
  27. Password and Security
    You agree not to give or make available your password or other means to access your
    account to any unauthorized individuals. You are responsible for all payments you authorize
    using the Services. If you permit other persons to use the Services or your password or other
    means to access your account, you are responsible for all actions taken by anyone to whom
    you have provided or made available such credentials, whether intentionally or inadvertently.
    If you believe that your password or other means to access your account has been lost or
    stolen or that someone may attempt to use the Services without your consent or has
    transferred money without your permission, you must notify us as described in Section C. 22.
    below.
  28. Exclusions of Warranties.
    THE SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT
    WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
    LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
    PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT
    GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART
    OF OUR SERVICES THAT MAY BE INTERFERED WITH BY NUMEROUS FACTORS
    OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF
    CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT
    APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
    MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
  29. Limitation of Liability.
    YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES OR
    SITE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN
    INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR
    REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION,
    DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED
    BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS.
    IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICES PROVIDERS OR THE
    OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
    CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR
    RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY,
    INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR
    OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS,
    AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF
    THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
    EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN
    IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE
    INSTALLATION, USE, OR MAINTENANCE OF THE SERVICES OR THE PORTION OF
    THE SITE THROUGH WHICH THE SERVICES IS OFFERED, EVEN IF SUCH DAMAGES
    WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN
    NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE
    OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
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    CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR
    RELATED TO THE SERVICES OR THE PORTION OF THE SITE THROUGH WHICH THE
    SERVICES IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT
    FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS C.
    13, C.14 AND C.15 BELOW WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT
    GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL
    CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT
    (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. THE AGGREGATE
    LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE
    OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND
    CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND
    ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICES AND THE PORTION OF
    THE SITE THROUGH WHICH THE SERVICES IS OFFERED AND THIS AGREEMENT
    SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF
    $500 (FIVE HUNDRED DOLLARS). 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. THE FOREGOING SHALL
    CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND
    OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS,
    AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF
    THESE, FOR THE SERVICES AND THE PORTION OF THE SITE THROUGH WHICH THE
    SERVICES IS OFFERED.
  30. Complete Agreement, Severability, Captions, and Survival.
    This Agreement sets forth the entire understanding between us and you with respect to the
    Services. If any provision of this Agreement is held to be invalid or unenforceable, such
    provision shall be struck and the remaining provisions shall be enforced. The captions of
    Sections hereof are for convenience only and shall not control or affect the meaning or
    construction of any of the provisions of this Agreement. Any terms which by their nature
    should survive, will survive the termination of this Agreement, including but not limited to all
    of Section C.
  31. Amendments.
    We may amend this Agreement and any applicable fees and charges for the Services at any
    time by posting a revised version on the Site. The revised version will be effective at the time
    it is posted unless a delayed effective date is expressly stated in the revision. Continued use
    of the Services after posting of an amended Agreement will constitute your agreement to
    such amendments. Further, we may, from time to time, revise or update the Services and/or
    related applications or material, which may render all such prior versions obsolete.
    Consequently, we reserve the right to terminate this Agreement as to all such prior versions
    of the Services, and/or related applications and material and limit access to only the
    Services’ more recent revisions and updates. We also reserve the right to terminate the
    Services in their entirety. You authorize us to send or provide by electronic communication
    any notice, communication, amendment or replacement to the Agreement, or disclosure
    required to be provided orally or in writing to you. You agree to receive any electronic
    communication provided to you and will not attempt to avoid receiving any such
    communication. You are deemed to have received any electronic communication provided to
    you when they are made available to you.
  32. Disputes.
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    In the event of a dispute regarding the Services, you and we agree to resolve the dispute by
    looking to this Agreement. You agree that this Agreement is the complete and exclusive
    statement of the agreement between you and us, which supersedes any proposal or prior
    agreement, oral or written, and any other communications between you and us relating to the
    subject matter of this Agreement. If there is a conflict between the terms of this Agreement
    and something stated by an employee or contractor of ours (including but not limited to its
    customer care personnel), the terms of this Agreement will prevail.
  33. Assignment.
    You may not transfer or assign any rights or obligations you have under this Agreement
    without our prior written consent, which we may withhold in our sole discretion. We reserve
    the right to transfer or assign this Agreement or any right or obligation under this Agreement
    at any time to any party. We may also assign or delegate certain of our rights and
    responsibilities under this Agreement to independent contractors or other third parties.
  34. Waiver of Jury Trial.
    Both parties agree to waive any right to have a jury participate in the resolution of any
    dispute or claim between the parties or any of their respective Affiliates arising under or
    relating to this Agreement.
  35. Waiver of Class Action Claims.
    Both parties agree to waive any right to assert any dispute or claim against the other party or
    any other intended beneficiary arising under or relating to this Agreement as a class action.
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  36. Arbitration.
    Both parties agree to resolve any dispute or claim between the parties or any of their
    respective Affiliates or any other intended beneficiary arising under or relating to this
    Agreement through binding arbitration. Both parties stipulate and agree that this Agreement
    evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies.
    The arbitration award shall be final and binding and judgment thereon may be entered by
    any court of competent jurisdiction. The only exceptions to this arbitration agreement are as
    follows: a. We and you expressly agree that under no circumstances shall any dispute or
    claim arising under or relating to this Agreement be subject to arbitration on a classwide or
    collective basis. Only the disputes or claims of individual parties may be arbitrated. b. We or
    you may, at the option of the claiming party, pursue any claim in small claims court instead of
    arbitration, provided that the claim must not exceed $5,000 or the jurisdictional limit of the
    small claims court, whichever is less; and the small claims court must otherwise have
    jurisdiction of the claim and the parties.
  37. Arbitration Procedure.
    You or we may commence arbitration, at the claiming party’s election, administered either by
    JAMS (formerly known as “Judicial Arbitration and Mediation Services”), or the American
    Arbitration Association (“AAA”). The arbitration shall take place before a single arbitrator,
    selected pursuant to the selection procedures in the applicable commercial or consumer
    arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules shall apply
    subject only to the following exceptions and modifications: a) You may, if you wish,
    commence arbitration pursuant either to (i) the AAA Consumer Arbitration Procedures, or (ii)
    the JAMS “minimum standards” for consumer arbitration. In all such consumer arbitrations
    we will pay the balance of the applicable arbitration administrative fee to the extent required
    by the JAMS or AAA procedures or standards you have chosen. b) You or we (whoever is the
    party commencing the arbitration) may elect to resolve the dispute in a cost effective manner
    through binding non-appearance-based arbitration. If the claiming party selects nonappearance-based arbitration, the parties agree that the following rules shall apply: (i) the
    arbitration may be conducted telephonically, and/or online, or be based solely on written
    submissions, at the election of the party commencing the arbitration; (ii) the arbitration shall
    not require any travel or personal appearance by the parties or witnesses unless otherwise
    mutually agreed by the parties; and (iii) discovery shall not be permitted. c) When we or you
    (whoever is the party commencing arbitration) do not select non-appearance-based
    procedures, the parties agree that there shall be no discovery except whatever discovery the
    arbitrator determines is necessary for fair resolution of the claim or dispute. d) Neither we nor
    you shall seek any award of attorney’s fees in any arbitration claim arising under or relating
    to this Agreement, except that the arbitrator may award attorney’s fees when (and only to the
    extent that) the applicable law requires an award of attorney’s fees to the prevailing party.
  38. Arbitrability. Issues to Be Decided By Arbitrator.
    The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive
    authority to resolve any dispute relating to the interpretation, applicability, enforceability or
    formation of this Agreement including, but not limited to any claim that all or any part of this
    Agreement is void or voidable.
  39. Law and Forum for Disputes.
    This Agreement shall be governed by and construed in accordance with the laws of the State
    of Georgia, without regard to its conflicts of laws provisions. To the extent that the terms of
    this Agreement conflict with applicable state or federal law, such state or federal law shall
    11
    replace such conflicting terms only to the extent required by law. Unless expressly stated
    otherwise, all other terms of this Agreement shall remain in full force and effect. You agree
    that any claim or dispute you may have against us (other than those which are arbitrated
    under Sections C.13, C.14 AND C.15 above) must be resolved by a court located in Gwinnett
    County, Georgia or by an arbitrator selected by mutual agreement of the parties. You agree
    to submit to the personal jurisdiction of such courts for the purpose of litigating all such
    claims or disputes. The United Nations Convention on Contracts for the International Sale of
    Goods shall not apply to this Agreement.
  40. Indemnification.
    You agree to defend, indemnify and hold harmless us and our Affiliates and service providers
    and the officers, directors, agents, employees, representatives, and contractors of each of
    these, from any loss, damage, claim or demand (including attorneys’ fees) made or incurred
    by any third party due to or arising out of your breach of this Agreement and/or your use of
    the Site or the Services.
  41. Release.
    If you have a dispute with one or more other users of the Site or the Services, you release us
    and our Affiliates and service providers and the employees and contractors of each of these,
    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. In addition, you waive and
    release any and all provisions, rights and benefits conferred either (i) by Section 1542 of the
    California Civil Code, which reads: “Section 1542. General release; extent, which states “A
    general release does not extend to claims which the creditor does not know or suspect to
    exist in his favor at the time of executing the release, which if known by him must have
    materially affected his settlement with the debtor;” or (ii) by any law of any state or territory of
    the United States, or principle of common law, which is similar, comparable or equivalent to
    Section 1542 of the California Civil Code.
  42. No Waiver.
    We shall not be deemed to have waived any of our rights or remedies hereunder unless such
    waiver is in writing and signed by one of our authorized representatives. No delay or
    omission on our part in exercising any rights or remedies shall operate as a waiver of such
    rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be
    construed as a bar or waiver of any rights or remedies on future occasions.
  43. Intellectual Property.
    All marks and logos related to the Services are either trademarks or registered trademarks of
    us or our licensors. In addition, all page headers, custom graphics, button icons, and scripts
    are our service marks, trademarks, and/or trade dress or those of our licensors. You may not
    copy, imitate, or use any of the above without our prior written consent, which we may
    withhold in our sole discretion, and you may not use them in a manner that is disparaging to
    us or the Services or display them in any manner that implies our sponsorship or
    endorsement. All right, title and interest in and to the Services, the portion of the Site through
    which the Services is offered, the technology related to the Services, and any and all
    technology and any content created or derived from any of the foregoing, is our exclusive
    property or that of our licensors. Moreover, any suggestions, ideas, notes, drawings,
    concepts, or other information you may send to us through or regarding the Services shall be
    considered an uncompensated contribution of intellectual property to us, shall also be
    deemed our exclusive intellectual property, and shall not be subject to any obligation of
    12
    confidentiality on our part. By submitting any such materials to us, you automatically grant (or
    warrant that the owner of such materials has expressly granted) to us a perpetual, royaltyfree, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish,
    translate, publicly perform and display, create derivative works from and distribute such
    materials or incorporate such materials into any form, medium, or technology now known or
    later developed, and you warrant that all so-called “moral rights” in those materials have
    been waived, and you warrant that you have the right to make these warranties and transfers
    of rights.
  44. Notices to You.
    To the fullest extent permitted by law, this Agreement and any other agreements, notices
    (including but not limited to the “State Disclosures” link on the Site) or other communications
    from us to you regarding the Services or our relationship with you (“Communication”) may be
    provided to you electronically, and you consent and agree to receive Communications in an
    electronic form. Electronic Communications may be posted on the pages within the Website,
    delivered to your email address and/or via mobile text message and/or through in-product
    message. All Communication by any of these methods shall be deemed received by you no
    later than twenty-four (24) hours after they are sent or posted. You will print a paper copy of
    or download any electronic Communication and retain it for your records. In order to access,
    view, and retain electronic Communications that we make available to you, you must have:
  45. Sufficient electronic storage capacity on your computer’s hard drive or other data
    storage unit; or
  46. An e-mail account with an Internet service provider and e-mail software in order to
    participate in our electronic Communications programs;
  47. A personal computer, operating system and telecommunications connections to the
    Internet capable of receiving, accessing, displaying, and either printing or storing
    Communications received from us in electronic form via a plain text-formatted email or by access to our web site using one of the browsers specified below.
    All Communications in electronic format will be considered to be “in writing,” and to have
    been received no later than one (1) business day after posting or dissemination, whether or
    not you have received or retrieved the Communication. It is your sole responsibility to ensure
    that your contact information is accurate. In the event you do not receive notification, it is
    your responsibility to periodically log on to the Services and check for notices, including
    checking for the delivery of new Electronic Bills. You are responsible for ensuring timely
    payment of all bills. You may request a paper copy of any legally required disclosure. We
    reserve the right, but are not obligated, in certain circumstances and in our sole discretion to
    communicate with you using all available lawful methods of communication (by paper,
    telephone, etc.). The charge, if any, for each paper copy of any legally required disclosure
    will be the current charge as set out in the applicable fee schedule. Your consent to receive
    Communications electronically is valid until you revoke your consent by notifying us as
    described in Section C.22 below of your decision to do so. If you revoke your consent to
    receive Communications electronically, we may terminate your right to obtain and/or use the
    Services, and you accept sole liability for any penalty, loss, tax or other consequence
    resulting from an involuntary termination of the Services, to the extent permitted by law.
  48. ERRORS AND QUESTIONS
    13
    a. ALL QUESTIONS ABOUT TRANSACTIONS MADE USING THE SERVICES SHOULD BE
    DIRECTED TO US. We are responsible for the Services and for resolving any errors in
    transactions made using the Services. We will not send you a periodic statement listing
    transactions that you make using the Services. The transactions will appear only on the
    Payment Account statement issued by your bank. PRINT AND SAVE THE PAYMENT
    CONFIRMATIONS YOU RECEIVE WHEN YOU USE THE SERVICES AND CHECK THEM
    AGAINST THE PAYMENT ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK. If
    you have any questions about the Services or one of your transactions (including if you
    believe there may have been an error in connection with the Services or a transaction), or if
    you believe your password or other means of access to your account associated with the
    Services has been lost or stolen, then you should contact us: (a) by telephone as soon as
    possible at (844) 295 – 6466 during customer care hours, provided such telephone calls will
    not constitute legal notices under this Agreement, (b) in writing at ops@azlo.com ; and/or (c)
    through the Site. If you think your transaction history is incorrect or you need more
    information about a Services’ transaction listed on the statement, we must hear from you no
    later than sixty (60) days after the FIRST statement was sent to you on which the problem or
    error appears. You must:
  49. Tell us your name and eBill Payment Services account number;
  50. Describe the error or the transaction in question, and explain as clearly as possible
    why you believe it is an error or why you need more information; and,
  51. Tell us the dollar amount of the suspected error.
    b. If you notify us orally, we may require that you send your complaint in writing within ten
    (10) Business Days after your oral notification. We will tell you the results of our investigation
    within ten (10) Business Days after we hear from you, and will correct any error promptly.
    However, if we require more time to confirm the nature of your complaint or question, we
    reserve the right to take up to forty-five (45) days to complete our investigation. If we decide
    to do this, we will provisionally credit your Payment Account within ten (10) Business Days
    for the amount you think is in error. If we ask you to submit your complaint or question in
    writing and we do not receive it within ten (10) Business Days, we may not provisionally
    credit your Payment Account. If it is determined there was no error we will mail you a written
    explanation within three (3) Business Days after completion of our investigation. You may
    ask for copies of documents used in our investigation. The Services may revoke any
    provisional credit provided to you if we find an error did not occur. (d) In addition to reporting
    complaints against CheckFreePay directly to CheckFreePay as described in this Section C.
    22, you may report complaints to the regulatory body appropriate to your state of residence
    included within the “State Disclosure” link on the Site.
  52. SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
    In the event you wish to cancel the Services, you may do so via: a) Telephone us at (844)
    295 – 6466 during customer service hours; b) through the Site; and/or c) By using the
    Services in-product cancellation feature, if and as applicable. Any payment(s) the Services
    has already processed before the requested cancellation date will be completed by the
    Services. All Scheduled Payments including recurring payments, if available, will not be
    processed once the Services are cancelled. We may terminate or suspend Services to you
    at any time. Neither termination nor suspension shall affect your liability or obligations under
    this Agreement.
  53. ADDRESS CHANGES
    14
    It is your sole responsibility to ensure that the contact information in your Services’ profile is
    current and accurate. This includes, but is not limited to, name, address, phone numbers and
    email addresses. Changes can be made by contacting customer service. We are not
    responsible for any payment processing errors or fees incurred if you do not provide
    accurate contact information.
  54. BILLER LIMITATION
    The Services reserves the right to refuse to pay any Biller to whom you may direct a
    payment. The Services will notify you promptly if we decide to refuse to pay a Biller
    designated by you. This notification is not required if you attempt to make a prohibited
    payment under this Agreement.
  55. INFORMATION AUTHORIZATION
    Your enrollment in the Services may not be fulfilled if we cannot verify your identity or other
    information. You agree that the information you provide during your enrollment and use of the
    Services can be used to complete an identity and account verification process. You agree
    that we reserve the right to obtain and use financial, transaction and credit information
    regarding your Payment Account. In addition, you agree that we reserve the right to request
    a review of your credit report at our expense through a credit agency or bureau.
  56. CAPTIONS
    The captions of sections hereof are for convenience only and shall not c