Date Last Revised: February 14, 2013
This Agreement contains 22 Sections. You may jump directly to any section by selecting the appropriate link below. The headings and subheadings below are for reference only and do not limit the scope of each section. Some capitalized terms have specific definitions in Section 22. Underlined words in this Agreement and on this Site hyperlink to relevant information.
1. Accepting the Terms
You signify your acceptance of the terms and conditions of service as set forth in this Agreement and certain other agreements by clicking the "Create Account" button and continuing to access or use this Site or any service available on this Site. We seek your consent to the terms and conditions of this Agreement and certain other agreements on the Site by means of an electronic signature by requesting you to affirmatively check the box indicating your acceptance to this Agreement, affirmatively "click" on boxes containing the words "Create Account", "I Accept," "I Agree" or other similar phrases (collectively, "Acceptance Terms"). If you "click" on the Acceptance Terms, your "click" will be deemed a legally binding electronic signature. You acknowledge and agree that you will carefully review any document or web page before making such an electronic signature. By electronically indicating your agreement to the terms and conditions set forth in this Agreement or accessing the Site or using any of the Content after you have had an opportunity to review these Agreement, you acknowledge and agree: (i) that you and, where applicable, the company or organization on whose behalf we grant you access to the Site intend to form a legally binding contract between you and mHP; (ii) that you have read and agree to the terms and conditions of this Agreement; (iii) that you agree and intend that this Agreement is the legal equivalent of signed, written contracts, and equally binding; (iv) that by electronically agreeing to this Agreement, you acknowledge that you have received a copy of this Agreement by your viewing a web page containing a hyperlink to the web page where these Agreement are displayed. At any time and from time to time, mHP may amend this Agreement by posting a revised version on this Site. The revised version will be effective at the time we post it. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this Site. Your use of the Site, or any service on this Site, after mHP has the posted modifications to these terms and conditions of service will constitute your acceptance of any and all additional terms and conditions of service, as amended. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by MyHomePayge and shall be devoid of all force and effect to the fullest extent allowed by applicable law.
You must be at least 18 years old and a resident of the United States to be eligible to use this Site. You may not use any service on this Site and you may not accept this Agreement if you are not of a legal age to form a binding contract with mHP. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Description of MyHomePayge's Services.
MyHomePayge currently provides access to on-line electronic checking and internet-based credit card payment services to landlords, property owners, property managers and corporate affiliates (the "Participating Affiliates") and their respective residents, which facilitates (i) an on-line electronic resident application and related background and credit check (the "Application"); and (ii) various electronic payment services for monthly rents, periodic rents, security deposits, other deposits, condo fees, coop fees, home owner association fees, timeshare charges, fixed utility payments, other fixed payments and other fees and charges related to leased space, fixed or variable (the "Payment Service(s)"). You, as the resident of a Participating Affiliate, are eligible to use the Payment Services in accordance with our Participating Affiliate Agreement ("PAA") with Participating Affiliates, and in so doing, your electronic checking or credit card payments made through the Payment Services will be remitted to your Participating Affiliate in accordance with mHP's PAA with your Participating Affiliate. When you utilize the Payment Services you will receive a timely confirmation from mHP acknowledging your on-line electronic checking or credit card payments. This Site also provides an interactive online service consisting of information services and content and related transaction capabilities facilitated through mHP, affiliates of mHP, or merchants (collectively "Merchants") and presents information relating to third party products or services, offers vouchers for sale ("Vouchers") and offers redemption codes and redeemable coupons ("Coupons") which may be exchanged for goods/services at Merchant and other third party locations and websites (collectively the "mHP Offers"),(collectively, the Application, Payment Services and mHP Offers are referred to herein as the "Services"). Unless explicitly stated otherwise, any new features, which enhance or augment mHP's current Services shall be subject to the terms and conditions of this Agreement as amended from time to time.
3. Services, Offers, Vouchers and Coupons.
Some parts of the mHP Services are supported by sponsored links from advertisers and may display mHP Offers that may be custom matched to you based on information in your Account, queries made through the Service or other information.
In connection with mHP Offers, the Service will provide links to other web sites belonging to mHP advertisers and other third parties. mHP does not endorse, warrant or guarantee the products or services available through the mHP Offers (or any other third-party products or services advertised on or linked from our Site), whether or not sponsored, and mHP is not an agent or broker or otherwise responsible for the activities or policies of those Merchants or web- sites. mHP does not guarantee that the product or service terms, rates or rewards offered by any particular advertiser or other third party on the Site are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.
The information regarding price, product specifications and availability contained on the Site has been provided by member Merchants. The prices charged by the member Merchants are generally the same as the prices charged in their brick-and-mortar stores at the time an order is delivered, shipped or available for pickup. Although mHP attempts to make certain that the prices listed on the Site and those posted in the stores on the date they are viewed on the Site are the same, and that out-of-stock items are clearly marked or removed from the inventory, prices and product availability may change, particularly if you select a delivery or pickup date that is different from the date on which you place your order. Also, prices charged by Merchants that use third party delivery services may sometimes be different than those charged in their physical stores.
Moreover, though every effort is made to ensure accuracy in posting pricing information, discrepancies do occur. In the event that the checkout price and the price posted on the Site are different, the checkout price will prevail in every case.
While mHP has undertaken to confirm the accuracy of the information contained on this Site, mistakes can be made, due both to inaccurate reporting of accurate information and accurately reporting inaccurate information. Of course, if you become aware that the Site contains inaccurate information, please let us know by emailing us at email@example.com.
By using the Site to place orders for alcoholic beverages and/or tobacco products, you acknowledge and agree:
- That the U.S. Federal and State laws require that purchasers of alcoholic beverages be at least twenty one (21) years of age and alcoholic beverages may be sold and delivered only to persons who are at least twenty one (21) years of age or older;
- That you are at least twenty one (21) years of age or older;
- To provide valid photo identification at the time of accepting delivery of any alcoholic beverages and/or tobacco products;
- (Valid forms of identification are a valid driver's license or non-driver identification card issued by the Commissioner of Motor Vehicles, the Federal Government, a State Government, Commonwealth, Possession or Territory of the United States or a Provincial Government of Canada, a valid U.S. passport, a valid passport of any other country, or a valid military ID from the U.S.(NYS, ABC Law Section 65-b.2(b));
- That sale of alcohol beverages and/or tobacco products to you is made by the Merchants and NOT mHP or any of it's Participating Affiliates ;
- That neither mHP nor any of our affiliates or our or their partners, officers, directors, employees, shareholders or agents shall have any liability to you or any third party in connection with purchase, sale, delivery and/or consumption of the alcoholic beverages and/or tobacco products or any consequences thereof; and
All Offers, Vouchers and Coupons shall be subject to the terms and conditions of mHP and the participating Merchant. The Merchant is the seller of the goods or services which you are purchasing. The holder and issuer of a Voucher or Coupon is the Merchant. As a holder and issuer of the Voucher or Coupon, the Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant, as well as for any unclaimed property liability arising from unredeemed Vouchers, Coupons or portions thereof. You waive, and release mHP and its officers, directors, employees and agents from, any claim, liabilities, damages, or injury arising from or related to any act or omission of Merchant in connection with a Voucher, Coupon or the goods/services provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the Vouchers, Coupons or any portion thereof. Unless otherwise specified on the Vouchers and Coupons they are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
The general terms and conditions that apply to Vouchers and Coupons for mHP Offers follow:
- Vouchers and Coupons may be applied only to merchandise or services sold by Merchant, and may not be applied to shipping or handling charges.
- Limit one (1) Voucher per redemption. Only one Voucher can be used per order unless otherwise specified by Merchant.
- The issuing of credit is at the sole discretion of the Merchant unless otherwise required by law.
- Neither mHP nor the Merchant is responsible for lost or stolen Vouchers, Coupons or Redeemable Code reference numbers.
- Vouchers and Coupons cannot be combined with any other vouchers or coupons, third party certificates, coupons, or promotions, unless otherwise specified by mHP and Merchant.
- Reproduction, sale or trade of an mHP Voucher or Coupon is prohibited unless done so in compliance with applicable law.
- Any attempted redemption not consistent with these terms and conditions will render the Voucher or Coupon null and void.
- All Vouchers and Coupons are void to the extent prohibited by law.
- The Voucher (including, but not limited to, any discounts) expires on the date specified on the Voucher, except that the Merchant may continue to redeem the unused cash amount you paid for the Voucher (which is usually less than the original face value of the Voucher) to the extent required by applicable law.
- If you redeem the Voucher for less than its face value, you will not be entitled to a credit, cash or a new Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Voucher exceeds the amount you redeemed. For example, if you paid $20 for a Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Voucher.
Redemption of Vouchers for alcoholic beverages may be limited by state and federal law, compliance with which is the responsibility of the Merchant. By redeeming any Voucher for alcoholic beverages, you swear and affirm that you are over the age of 21, and you acknowledge that the person receiving a shipment of alcoholic beverages as a result of such redemption is over the age of 21. Further, you agree that any alcohol purchased upon redemption of a Voucher is intended for personal consumption and not for resale. If you do not agree with these conditions you may not purchase Vouchers for alcoholic beverages
Terms and Conditions for Restaurant-Specific Vouchers
For purposes of this Agreement, "Restaurant" means a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of certain Vouchers (each a "Restaurant-Specific Voucher").
- Redemption frequency is determined by restaurants, and shall be contained in the Restaurant-Specific Voucher offer on mHP.
- Use of Restaurant-Specific Vouchers for alcoholic beverages is at the sole discretion of the restaurant subject to applicable law. Restaurant-Specific Vouchers may have statutory limitations on the amount of the Voucher value that can be redeemed for alcoholic beverages. Compliance with state statutes or codes is the responsibility of the Restaurant, and the Restaurant agrees to comply with all state laws pertaining to the same. Our sole role in the transaction is as a marketing agent for the Voucher, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Restaurant, and we have no role in such determination or action taken on the part of the Restaurant.
- It is at the discretion of the Restaurant to determine whether mHP's Restaurant-Specific Voucher can be combined with any other restaurant certificates, third party certificates, coupons, or promotions.
- Restaurant-Specific Vouchers cannot be used for taxes, tips or prior balances, unless permitted by the Restaurant and is permitted by applicable law.
- Restaurant-Specific Vouchers are valid for dine in only unless otherwise stated on the Restaurant-Specific Voucher.
- The issuing of restaurant credit is at the sole discretion of the restaurant unless otherwise required by law.
- Neither mHP, nor the Restaurant is responsible for lost or stolen Restaurant-Specific Voucher.
- Reproduction, sale or trade of a Restaurant-Specific Voucher is prohibited unless done so in compliance with the law.
- Any attempted redemption of a Restaurant-Specific Voucher not consistent with this Agreement will render the Restaurant-Specific Voucher void.
- The Restaurant-Specific Voucher expires on the date specified on the Restaurant-Specific Voucher, except that the Merchant may continue to redeem the unused cash value you paid for the Restaurant-Specific Voucher (which is usually less than the original face value of the MHP) to the extent required by applicable law.
- If you redeem the Restaurant-Specific Voucher for less than its face value, you will not be entitled to a credit, cash or new Restaurant-Specific Voucher equal to the difference between the face value and the amount you redeemed, unless otherwise required by law. You will only be entitled to a continuing redemption value as noted above if the amount that you paid for the Restaurant-Specific Voucher exceeds the amount you redeemed. For example, if you paid $20 for Restaurant-Specific Voucher which entitles you to purchase $50 of product by February 1, 2010 and you make a purchase for $40 on January 30, 2010, you will not be entitled to a credit or cash equal to the difference between the $50 face value and the amount you redeemed. You will not have any redemption value either because the amount you redeemed is more than what you paid for the Restaurant-Specific Voucher.
4. Myhomepayge Mobile and Alerts.
MyHomePayge Mobile ("mHP Mobile") is an mHP Service that allows you to send payments through your mobile phone and/or take actions in connection with mHP Offers, Vouchers and Coupons. If you use MyHomePayge, Inc Mobile you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of the mHP Mobile or the mHP Services.
mHP may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes made online to your Account, such as a change in your Account information. Voluntary Account alerts may be turned on by default as part of the Service. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your Account. mHP may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
Electronic alerts will be sent to the email address you have provided as your primary email address in your Account information. If your email address or your mobile device's email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your mHP Login ID and some information about your Account. Depending upon which alerts you select, information such as an ACH Payment, Credit Card Payment or an Offer may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
5. Our Relationship with You.
Your right to access and use the Site and the Services is personal to you and is not transferable by you to any other person or entity. mHP reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. You are only entitled to access and use the Site and the Services for lawful purposes. mHP is an independent contractor for all purposes, except that mHP or mHP's designated clearing entity may act as your agent with respect to the custody of your funds only. Neither mHP nor mHP's designated clearing entities have control of, or liability for, the products or services that are contained in the mHP Offers or that are paid for with the mHP Payment Services.
If you receive information about another User through the Services, you must keep the Information confidential and only use it in connection with the Services. You may not disclose or distribute a user's information to a third party or use the information for marketing purposes unless you receive the user's express consent to do so.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. mHP shall not be liable for any damages to your equipment resulting from the use of this Site.
Your access to and use of the Site and the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, your failure to provide accurate and updated information about your Account, your failure to comply with the terms of service as set forth in this Agreement, or other actions that mHP, in its sole discretion, may elect to take.
You agree that mHP may provide notice to you by posting it on the Site, 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 the Site 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 Business Days after it is sent. 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 mHP as described herein. mHP reserves the right to close your Account if you withdraw your consent to receive electronic communications.
Except as otherwise stated below in the sections entitled "Errors and Unauthorized Transactions" and "Disputes with MyHomePayge" notice to mHP must be sent by postal mail to: MyHomePayge, Inc., 1040 1st Avenue, #316, New York, NY 10022, Attention: Legal Department.
6. Your Registration Obligations, Account, Password and Security.
Accurate records enable mHP to provide the Services to you and in order for the Service to function effectively you must also keep your Account information (the "Account") up to date and accurate. In consideration of your use of the Services, you agree to: (i) provide information about yourself that is true, accurate, current and complete as prompted by the Account Form (the "Account Information" or "Account") and (ii) where applicable and appropriate, maintain and promptly update your Account information to keep it true, accurate, current and complete. If you provide Account information that is untrue, inaccurate, not current or incomplete, or if mHP has reasonable grounds to suspect that such Account information is untrue, inaccurate, not current or incomplete, mHP reserves the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You may not use the Services for any illegal purpose or in any manner inconsistent with the terms and conditions of service as set forth herein.
You will create a password and Account Log-in designation when completing the sign up process for the Services. You are solely responsible for maintaining the confidentiality of your Login ID, Password and Account, and are fully responsible for all activities occurring under your Login ID, Password or Account. You agree to notify mHP immediately if you notice unauthorized use of your Login ID, Password or Account or any other breach of security. mHP cannot and will not be liable for any damage or loss arising from your failure to comply with this Section.
By submitting Account information, data, Passwords, Usernames, PINs, Login ID and other Account information, materials and other content to mHP through the Service, you are licensing that content to mHP solely for the purpose of providing the Services. mHP may use and store the content, but only to provide the Services to you. By submitting this content to mHP, you represent that you are entitled to submit it to mHP for use for this purpose, without any obligation by mHP to pay any fees or other limitations.
If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Account, either through your use of the third party's product or service or through mHP's software application interfaces (the "mHP API's") you acknowledge that mHP may disclose the information about your Account to such third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further you acknowledge and agree that you will not hold mHP responsible for, and will indemnify mHP from, any liability arising from the actions or inactions of this third party in connection with the permissions you grant.
7. Fees and Payments.
Fees are based on whether you are making an on-line payment by electronic check via the Automated Clearing House (an "ACH Payment") or a payment utilizing your credit or debit card (a "Credit Card Payment"). The fees that will be charged to you will be added to the payment amount for all ACH, Credit and Debit Card Payment transactions. Prevailing fees are clearly set forth on the payment page and are in U.S. Dollars unless otherwise stated.
When you make an ACH Payment, you are requesting an electronic transfer from your bank Account. For these transactions, mHP in conjunction with its designated clearing entity will make electronic transfers via ACH from your bank Account in the amount you specify. You agree that such requests constitute your authorization to mHP and its designated Clearing entity to make the transfers. Once you have provided your authorization for the transfer, you will not be able cancel the electronic transfer. You give mHP and its designated clearing entity the right to resubmit any ACH debit you authorized that is returned for insufficient or uncollected funds and to charge you a Non-Sufficient Funds fee ("NSF Fee") of $20.00.
mHP reserves the right at any time to charge and/or increase fees for access to portions of the Service or the Service as a whole. In no event will you be charged for access to portions of the Service or to the Service unless MHP obtains your prior consent to pay such charges. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any services offered through the Services by mHP or by any other vendor or service provider. You shall pay all applicable taxes relating to the use of the Service through your Account, and the purchase of any other services. Late fees may be assessed for rent payments made by on-line electronic checking or credit card, which occur after the late dates and or grace periods as established in our Agreements with Participating Affiliates.
8. Payment Cancellation, Credit and Refunds.
You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by mHP, our Payments processor and/or designated clearing entity, a User, a Merchant or a third party caused by or arising out of your breach of this Agreement, and/or your use of the mHP Services. You agree to reimburse mHP our Payments processor and/or designated clearing entity, a User, a Merchant, or a third party for any and all such liability.
For payments you believe were improperly made, mHP may, in its sole discretion, void, rescind or issue a credit for your payment made through the Service at any time prior to the remittance of such payment to your Participating Affiliate. If a payment dispute arises after payment is forwarded to your Participating Affiliate, the responsibility to settle the payment dispute rests with you and your Participating Affiliate. You waive the right to cancel ACH Payments and Credit Card Payments which have been cleared through mHP's designated processor and/or designated clearing entity. In the event that a dispute arises prior to the time your payment is forwarded to your Participating Affiliate, you agree that you will immediately notify mHP in accordance with this Agreement and that you will comply in all respects with the notification requirements and dispute resolution procedures of our payment processor and/or designated clearing entity.
9. Closing your Account and Service Cancellation.
You may close your Account at any time by contacting our Customer Support. Upon Account closure, we will cancel any pending transactions and you will forfeit your right to redeem any and all Vouchers, Coupons, and Redemption Codes in connection with any pending transactions for which mHP has not been paid in full, unless otherwise legally prohibited.
You may not close your Account to evade an investigation. If you attempt to close your Account while we are conducting an investigation, we may hold your funds for up to 180 Days to protect mHP or a third party against the risk of Reversals, Charge-backs, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
mHP may cancel use of the Services and close your Account with or without cause at any time and effective immediately. You will remain liable for all outstanding payments and fees due at the time of cancellation. mHP may terminate the Service immediately without notice if you, in mHP's sole discretion, fail to comply with any provision of this Agreement. Upon termination by you or upon notice of termination by mHP, you must destroy promptly all materials obtained from the Services and any copies thereof. Sections 9, 11, 12 13 ,14 and 15 shall survive any termination of the terms and conditions of service.
If mHP closes your Account or terminates your use of 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.
10. Restricted Activities.
In connection with your use of the Site, your Account and/or the Services or in the course of your interactions with mHP's other Users, third parties, Participating Affiliates, and Merchants, you agree that you will not:
- Breach this Agreement or any other agreement or policy that you have agreed to with mHP;
- Violate any law, statute, ordinance, or regulation (for example, those governing financial services, securities, consumer protections, unfair competition, anti-discrimination, fair housing or false advertising);
- Infringe upon mHP's or any Participating Affiliate's, Merchant's or third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- Act in a manner that is defamatory, trade libelous, threatening or harassing;
- Provide false, inaccurate or misleading information;
- Send or receive what we reasonably believe to be potentially fraudulent funds;
- Refuse to cooperate in an investigation or provide confirmation of your identity or any Account information you provide to us;
- Attempt to double dip during the course of a dispute by receiving or attempting to receive funds from both mHP and your Participating Affiliate, the payment processor or clearing entity, bank or credit card issuer for the same transaction;
- Use an anonymizing proxy;
- Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
- Conduct your business or use the mHP's Services in a manner that results in or may result in complaints, Disputes, Claims, Reversals, Charge-backs, fees, fines, penalties and other liability to mHP's, other Users, Participating Affiliates, Merchants, processing or clearing entities or other third parties;
- Integrate the mHP's Services in a manner inconsistent with mHP's integration guidelines;
- Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the mHP's Services;
- Use your Account or the mHP's Services in a manner that mHP, Paul Enterprises, PayPal, , Potomac Way, Equity Commerce, Meridian Bank, Visa, MasterCard, American Express, Discover or any other electronic funds transfer network or clearing entity reasonably believes to be an abuse of the card system or a violation of card association or network rules;
- Disclose or distribute another User's Information to a third party, or use the Information for marketing purposes unless you receive the Users express consent to do so;
- Send unsolicited email to a User or use the mHP's Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
- Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor any portion of the Site, without mHP's express written consent, which may be withheld in mHP's sole discretion;
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site or the Service;
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service;
- Take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers;
- Use the mHP Services to test credit card behaviors.
You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the terms and conditions of service as set forth herein. Should you choose to download content from the Service, you must do so in accordance with this Agreement. Such download is licensed to you by mHP only for your own personal, noncommercial use in accordance with the terms and conditions of service and does not transfer any other rights to you.
12. Intellectual Property.
This Site and all Site design, including but not limited to text, content, photographs, video, audio, interfaces, graphics and the selection and the arrangement thereof is protected by patents, copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the US and other countries. mHP's Service is also protected as a collective work or compilation under US copyright and other laws and treaties. All individual articles of information, policies and other elements making up the Service are also copyrighted works. You agree to abide by all applicable patent, trademark, copyright and other laws, as well as any additional patent, trademark and copyright notices or restrictions contained in the Service. Any use of materials on this Site, other than as permitted under this Agreement including reproduction, modification, distribution, or republication, without prior written permission of mHP is absolutely prohibited.
The information, content, Services, products, Vouchers, Coupons and materials contained in this Site, including, without limitation, text, graphics, and links, are provided on an "AS IS" basis with no warranty. To the maximum extent permitted by law, mHP disclaims all representations and WARRANTIES, EXPRESS OR IMPLIED, with respect to such information, services, products, and materials, including but not limited to WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance. mHP and its employees, representatives, agents and suppliers, against any claim, suit, action or other proceeding brought against mHP, its employees, representatives, Participating Affiliates, Merchants, processing and/or clearing entities, suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against mHP, its employees, representatives, suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer for use of the Service; (ii) your use or someone using your Account, where applicable; (iii) a violation of the terms and conditions of service by you or anyone using your computer (or Account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or Account, where applicable) infringes any intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Service by you or someone using your computer (or Account, where applicable); (vi) any misrepresentation, including false or inaccurate Sign Up Information, or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you under these terms and conditions of service. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
The Site contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by mHP of the contents on such third-party sites, and mHP hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
14. Release, Indemnification and Assumption of Rights.
If you have a dispute with one or more Users, a Participating Affiliate or a Merchant, you release MyHomePayge, Inc (and our officers, directors, agents, joint ventures and employees) and our payment processor and/or designated clearing entity 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.
You agree to defend, indemnify and hold MyHomePayge, Inc, its parent, officers, directors and employees harmless from any 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 MyHomePayge, Inc Services.
If mHP, its payment processor and or its designated clearing entity pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that mHP, its payment processor and/or clearing entity assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in mHP's sole discretion.
15. Arbitration, Jurisdiction and Governing Law.
If a dispute arises between you and mHP our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and mHP regarding this Agreement, the Services and the mHP Offers may be reported to Customer Service online through the mHP Support Center at any time.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 USD, 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.
Except as otherwise agreed by the parties or as described in this above, you irrevocably agree that all actions or proceedings arising out of, from or related to this Agreement or the Services shall be litigated in local, state or federal court having situs within the State of New York. You further hereby consent and submit to the jurisdiction of any local, state or federal courts located within said state and hereby waive any right to transfer or change the venue of any such litigation. All actions or proceedings arising out of, from or related to these terms and conditions of service or the Service shall be governed and controlled by application of the laws of the State of New York as to interpretation, enforcement, validity, construction, effect and in all other respects.
You acknowledge that mHP has the right to change the content or technical specifications of any aspect of the Service at any time at mHP's sole discretion. You further accept that any such changes may result in your being unable to access the Service.
17. Captions and Headings.
The captions and headings appearing in terms and condition of service are for reference only and will not be considered in construing this agreement.
If any provision of this Agreement, or the application thereof, is found invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic and legal effect as the original provision and the remainder of this Agreement will remain in full force.
19. Entire Agreement.
These terms and conditions of service including the Account information contain the entire understanding and agreement between the you and mHP with respect to its subject matter, superseding all prior or contemporaneous representations, understandings, and any other oral or written agreements between the parties with respect to such subject matter.
20. Consent Representations and Warranties.
By clicking the "Create Account" button you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of the mHP Service and this Agreement. You further represent and agree that: (i) you have the power and authority to enter into this Agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US law regarding the transmission of any data obtained from the Services in accordance with the terms and conditions of service, (iv) you will not use the Service for illegal purposes, and (v) you will not interfere or disrupt networks connected to the Service.
21. Email Marketing.
By clicking the "Create Account" button you are providing your express consent to receive Offers and other communications from mHP via emails and communications to your mobile device. You have the right to decline to receive additional electronic mail from mHP and can unsubscribe or opt-out at any given time.
"ACH" means the Automated Clearing House network.
"ACH Payment" means the process described and defined in Section 5 of this Agreement.
"Account" means a Personal mHP Account.
"Agreement" means this agreement including all subsequent amendments.
"Authorize" or "Authorization" means you authorize mHP and its payment processor and or designated clearing entity to process a payment from your Account.
"Business Account" means an Account used primarily by Participating Affiliates, Corporate Affiliates and Merchants for business purposes and not for personal, family, or household purposes.
"Business Days" means Monday through Friday, excluding Holidays.
"Commercial Entity Agreement" means the agreement that commercial entities are required to enter into directly with mHP's payment processor(s) and/or clearing entity.
"Chargeback" means a request that a User files directly with his or her Credit Card Company or credit card issuing bank to invalidate a payment.
"Claim" means a challenge to a payment that a User files with a Participating Affiliate and mHP's payment processor or designated clearing entity pursuant to Section 8 of this Agreement.
"Confirmed Address" means an address that has been reviewed by mHP and found highly likely to be that of the User to which it is associated.
"Coupon" means the sequence of letters, numbers, and/or symbols placed on hard copy document or which is scanable from your mobile devise in connection with promotional Offers and used to obtain a benefit.
"Customer Service" is mHP's customer support which can be accessed online by clicking on the Support button on this website at any time.
"Days" means calendar days.
"Dispute" means a dispute filed by a User with a Participating Affiliate and mHP's payment processor or designated clearing entity pursuant to Section 8 of this Agreement.
"Fees" means those amounts stated in Section 7 of this Agreement.
"Holidays" means New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). If a Holiday falls on a Saturday, mHP shall observe the Holiday on the prior Friday. If the Holiday falls on a Sunday, mHP shall observe the Holiday on the following Monday.
"Information" means any confidential and/or personally identifiable information or other information related to an Account or User, including but not limited to the following: name, email address, address, phone number and financial information.
"Merchant" and "Seller" are used interchangeably and have the meaning ascribed in Section 2 of this Agreement.
"PAA" means the Participating Affiliate Agreement with a Participating Affiliate such as a Landlord, Property Owner, Property Manager or Corporate affiliate.
"Participation Affiliate" has the meaning ascribed to it in Section 2 of this Agreement
"Payment Method" means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction: ACH, Credit Card, Vouchers, Coupons and Redemption Codes.
"mHP," "we," "us" or "our" means Myhomepayge, Inc. and its subsidiaries and affiliates.
"mHP Mobile" means an mHP Service that allows you to send payments and/or take an action in connection with an Offer, Voucher or Coupon, through your mobile phone.
"mHP Offers" and "Offers" are used interchangeably and have the meaning ascribed in Section 2 of this Agreement
"mHP Services" and "Services" means all our products and services and any other features, technologies and/or functionalities as defined in Section 2 of this Agreement and as offered by us on the Site or through any other means.
"Microsites" means individual websites or merchant-specific, city-specific, or state-specific websites now or hereinafter contained within or otherwise available through external hyperlinks with the mHP Site.
"Policy" or "Policies" means any Policy or other agreement between you and mHP that you entered into on the Site, or in connection with your use of the Services.
"Pooled Accounts" means accounts at one or more FDIC-insured banks in which mHP will place monies.
"Preferred Payment Method" means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.
"Recurring Payment" means a payment in which the recipient is provided advance Authorization to charge the sender's mHP Account directly on a one-time, regular, or sporadic basis in accordance with your agreement with the mHP. Recurring Payments are sometimes called "subscriptions", "automatic payments", "automatic billing" or "preapproved payments."
"Redemption Code" means the sequence of letters, numbers, and/or symbols placed on gift certificates, promotional coupons or other promotional Offers and used to obtain a benefit.
"Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the mHP Services.
"Restricted Activities" means those activities described in section 10 of this Agreement.
"Restaurant" means a Merchant who offers food and beverage for sale in its regular business operations, and is making such food and beverages available to purchasers of certain Vouchers (each a "Restaurant-Specific Voucher").
"Reversal" means that mHP and/or our payment processor and/or our designated clearing entity reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in error by mHP, its parent, or any direct or indirect mHP subsidiary or our payment processor and/or designated clearing entity (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a credit card that did not belong to the sender), (d) you sent the payment for activities that violated this Agreement, the mHP Acceptable Use Policy, or any other mHP agreement, or (e) or our designated payment processor and/or clearing entity decided a Claim against you.
"Seller" and "Merchant" are used interchangeably and mean a Participating Affiliate and/or Merchant who is selling goods or services and/or are utilizing the Services.
"Send Money" means your ability to send money though the mHP Services.
"Site" means the Internet Website located at www.Myhomepayge.com, and any Microsites as defined herein.
"Transaction Details Page" means the page on the mHP website titled "Transaction Details" that displays information about the transaction. This page is accessible from the "Details" link on the "Overview" and "History" subtabs of the "My Account" tab on the mHP website.
"User" means any person or entity using the mHP Site and/or Services including you.
"Voucher" means a certificate which you purchase from a Merchant in order to receive a benefit in connection with an Offer.