Williams
& Fudge, Inc.
Paydit Website Terms of Use
By
accessing or using this Service, you agree to be bound by the terms and
conditions below (the “Agreement”). If you do not accept these terms and
conditions, you may not use this Service and you should exit this website.
This Agreement forms a binding, enforceable contract
between you and Williams & Fudge, Inc. (“us”, “we”, “our”) in connection
with the Service offered through this Site.
Williams & Fudge, Inc. is a debt
collector. This is an attempt to collect a debt. Any information obtained will
be used for that purpose.
California license number pending.
Agency Colorado Office:
Colorado Manager, Inc.
8690 Wolff Court, Suite 110
Westminster, CO 80031
Tel: (303) 920-4763
THIS COLLECTION AGENCY IS LICENSED BY THE MINNESOTA DEPARTMENT OF COMMERCE
North Carolina Company Number: 119498541
New York City Department of Consumer Affairs License Number 1074538
Williams & Fudge, Inc. NMLS ID 95215.
1.
Eligibility. This Site and this Service are offered only to
individual residents of the United States who are 18 years of age or older. If
you are younger than 18, you may not use this Service.
2.
Accuracy of
Information. You agree that all information you
provide to Williams & Fudge, Inc. in connection with the Service is true,
correct and complete. You agree not to misrepresent your identity or authority
to view information or to schedule any payment using the Service.
3.
Types of Payments
and Payees. You may use the Service only to
authorize payments on account(s) placed with Williams & Fudge, Inc, a third
party debt collector. Payments that you authorize will be made from a bank or
financial institution account, including by credit or debit card (the
"Transaction Account") that you designate. It is your
sole responsibility to establish and maintain the Transaction Account and to
pay any and all fees allowed by law that are associated with the Transaction
Account.
4.
Payment
Authorization By accessing and using this
Service, you authorize Williams & Fudge, Inc. to (a) establish and maintain
your payment information; and (b) process your payments according to your
instructions.
We will use all reasonable and secure
efforts to apply all your payments in accordance with your instructions.
However, we shall incur no liability if we are unable to complete any payments
initiated by you [including, without limitation, because of the existence of
any one or more of the following circumstances: (i) your Transaction Account
contains insufficient funds to complete the transaction, (ii) the Service is
not working properly and you know or have been advised by us about the
malfunction before you execute the transaction, (iii) you have provided us with
incorrect payment account information, (iv) we have been provided incorrect
information by the individual or entity to whom you are making the payment, (v)
circumstances beyond our control such as, but not limited to, fire, flood, or
interference from an outside force; or (vi) the bank or financial institution maintaining the
Transaction Account refuses or is unable to honor a payment request from Williams
& Fudge, Inc.]
Bank or Financial Institution
Limitations. There may be limits or restrictions
upon the number or frequency of payments that may be made from your Transaction
Account under applicable law or under the terms of your agreement with the bank
or financial institution maintaining the Transaction Account.
5.
Account. By accessing the Service, you acknowledge that you are
responsible for one or more accounts placed for collection with Williams &
Fudge, Inc. by your creditor or creditors. If you have more than one account,
you may be required to expressly designate which account you are making a
payment on. You acknowledge and agree that the accounts listed within this
Service may not represent all your accounts with Williams & Fudge, Inc. as
accounts may be closed or new accounts may be placed at various times.
6.
Timing. By using this Service, you are authorizing us to
charge the payment account you designate and to remit funds on your behalf. It
is your responsibility to initiate payments in a timely manner so that the
funds will arrive on or before the date they are due. It is also your duty to
notify us if a payment has not been applied in accordance with
your instructions.
7.
Electronic Funds
Transfers. You may authorize
one-time or recurring payments on one or more of your accounts. By using the
Service and selecting the "Submit Payment" button, you are authorizing Williams & Fudge, Inc. to complete an
electronic funds transfer from the bank or financial institution maintaining
the Transaction Account. You may print a copy of your authorization after your
payment is submitted. You may request a copy of your authorization by
contacting Williams & Fudge, Inc. at 800-551-5772
8.
Restrictions
on Use
Williams
& Fudge, Inc. is a service for consumers to negotiate account(s) online
without speaking with a collection agent. Creditors place accounts with Williams
& Fudge, Inc. for collection. Williams & Fudge, Inc. offers this site users
to access their account data and make online payments or interact with the data
to negotiate an agreement and terms of payment. Users access the Williams &
Fudge, Inc. Paydit website through a personal computer or mobile device using a
communications connection (e.g., modem, telephone line, wireless, etc.). Williams
& Fudge, Inc. may, in its sole discretion, discontinue or alter any aspect
of this site, including, but not limited to:
a)
Restricting the time of availability;
b)
Restricting the availability and/or scope of the Service for certain platforms
(i.e., computer types and operating systems);
c)
Restricting the amount of use permitted; and
d)
Restricting or terminating any user rights to use all or part of the Service,
at any time in Williams & Fudge, Inc.'s sole discretion and without prior
notice or liability. Williams & Fudge, Inc. does not charge users to access
the site or use its functionality.
The Site
is owned and operated by Williams & Fudge, Inc. and its affiliated
companies and contains material that is derived in whole or in part from
material supplied and owned by other related companies and sources. All
material on this website is protected by copyright, trademark, and other
applicable laws. You may not modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works based on, or distribute in
any way any material from the Software, including but not limited to code and
software ("Material").
9. User Rules and Guidelines
a)
Registration
Users
are invited to the Site by Williams & Fudge, Inc.
Users might
be required to provide certain information to access their data and use the
functions of Williams & Fudge, Inc.’s Paydit site. You agree to provide
true, accurate and complete information about yourself. If you provide any
information that is untrue or inaccurate, not current, or incomplete, or if Williams
& Fudge, Inc. suspects that your information is untrue or inaccurate, not
current, or incomplete, Williams & Fudge, Inc. may, in its sole discretion,
suspend or terminate future access to the Software. Any personal information
supplied hereunder will be subject to the terms of our privacy policy. All
users must be age 18 or older. Public webpages are currently provided for free.
Williams & Fudge, Inc. reserves the right to change the nature of our free
public access pages at any time.
b)
Authentication data
You
access Williams & Fudge, Inc.’s Paydit site by clicking a unique link via a
text message sent directly to you by Williams & Fudge, Inc., or by
providing the last four digits of your Social Security Number and a combination
of other criteria including, but not limited to: the phone number you were contacted
at or the creditor’s reference number they provided. You agree that you will
immediately notify Williams & Fudge, Inc. of any unauthorized use of your
data or account, or any other breach of security and that you will log off of
the software at the end of each session to prevent fraud on your account by
third parties.
c)
General
Williams
& Fudge, Inc. may choose to send you e-mails regarding your accounts placed
with Williams & Fudge, Inc. for collection. You may elect to not receive
these e-mails, and you may start or stop receiving such e-mails at any time by
sending an e-mail to an address that shall be designated for that purpose.
10. Rules for Use of the Site Conduct Required for Use
of the Service
It is a
condition of your use of the Paydit website that you do not:
a) Transmit
any information, software or other material that is fraudulent or violates or
infringes the rights of others, including material that violates privacy or
publicity rights, or infringes copyright, trademark or other proprietary
rights, without first obtaining permission from the owner or right holder,
including WAREZ (copyrighted material distributed without permission);
b) Transmit
any information, software or other material that contains a virus or other
harmful component;
c) Transmit
or in any way exploit any information, software or other material for
commercial purposes or that contains advertising, "junk mail,"
"spam," or "chain letters";
d)
Impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity;
e)
Disguise a file type to thwart Williams & Fudge, Inc.’s detection
processes;
f) Transmit
any transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law;
g)
Attempt to gain unauthorized access to other computer systems or networks
connected to the Williams & Fudge, Inc. site or software;
h) Use
the site or software, including the information provided therein and all
related equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. Williams & Fudge, Inc., at its
sole and absolute discretion, shall determine whether any information
transmitted or received violates this provision. You may not use any Material
in connection with any site or other use that contains or is associated with
information or content prohibited by this section.
11. Content on the Site
Under no
circumstances will Williams & Fudge, Inc. be liable in any way for any
Communication, including, but not limited to: liability for any errors or
omissions in any Communication, or for any loss or damage of any kind incurred
as a result of the use of any Communication posted, e-mailed, or otherwise
transmitted via the Service.
12. Disclaimer
of Warranties
THE
SERVICE WILLIAMS & FUDGE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED
FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. WILLIAMS & FUDGE, INC. DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE
SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WILLIAMS & FUDGE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE
OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or
omissions, including the transmission or translation of information. You assume
full responsibility for implementing sufficient procedures and checks to
satisfy your requirements for the accuracy and suitability of the Site,
including the information, and for maintaining any means that you may require
for the reconstruction of lost data or subsequent manipulations or analyses of
the information provided hereunder. You acknowledge and agree that your use of
the Site, and any information sent or received in connection with same, may not
be secure and may be intercepted by unauthorized parties. YOU ASSUME
RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
13. Limitation of Liability
IN NO
EVENT SHALL WILLIAMS & FUDGE, INC., ITS PARENT OR SUBSIDIARY COMPANIES OR
ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE
THE SERVICE, WILLIAMS & FUDGE, INC.'S REMOVAL OR DELETION OF ANY MATERIALS
OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE
OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF WILLIAMS & FUDGE, INC. OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION,
COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT Williams & Fudge, Inc., ITS PARENT OR SUBSIDIARY
COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS,
AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
14.
Termination
Williams
& Fudge, Inc. may, in its sole discretion, terminate your password, account
(or any part thereof) or use of the Site without prior notice and for any
reason, including, but not limited to:
a)
Concurrent access of the Site with identical user name and password;
b) Any
other access or use of the Site except as expressly provided in this Agreement;
c) Any
violation of the terms and conditions of this Agreement or the rules and
regulations relating to the use of, the software and/or data files contained
in, or accessed through, the Site; and
d)
Tampering with or alteration of any of the software and/or data files contained
in, or accessed through, the Site.
15. Modification
Williams
& Fudge, Inc. reserves the right, in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, content, or feature of
the Site. Such amendments, modifications, additions or deletions shall become
effective upon notice thereof, which may be provided to you by posting on the
Site, via e-mail or any other reasonable means. Continued use of the Site by
you shall constitute your binding acceptance of any such amendments,
modifications, additions or deletions.
16. Miscellaneous
This Agreement shall be governed by and construed in
accordance with the laws of the State of South Carolina without giving effect
to any principles of conflicts of law. Although you acknowledge that we will
have the ability to enforce our rights in any court of competent jurisdiction,
you hereby consent to the exclusive jurisdiction and venue of courts in South
Carolina, U.S.A., regarding any and all disputes relating to this Agreement or
your use of the Service. You acknowledge and agree that the warranty
disclaimers and liability and remedy limitations in this Agreement are material
terms of this Agreement and that they have been taken into account in the
decision by Williams & Fudge, Inc. to provide the Service hereunder. You
may not assign any of your rights, obligations or privileges hereunder without
the prior, written consent of Williams & Fudge, Inc. Any assignment of the
foregoing other then as provided for in this section shall be null and void. If
any provision of this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from this Agreement,
shall be enforced to the fullest extent allowed by law as to effect the
intention of the parties, and shall not affect the validity and enforceability
of any remaining provisions. This Agreement and any posted operating rules
constitute the entire agreement of the parties with respect to the subject
matter hereof, and supersede all prior or contemporaneous communications and
proposals, whether oral or written, between the parties with respect to such
subject matter. No waiver of any provision or any right granted hereunder will
be effective unless set forth in a written instrument signed by the waiving
party. No waiver by either party of any breach or default hereunder shall be
deemed a waiver of any subsequent breach or default. You agree not to reproduce,
duplicate, copy, sell, resell, or exploit for any commercial purposes, any
portion of the Service or access to the Service. The titles and subtitles used
in this Agreement are used for convenience only and are not to be considered in
construing or interpreting this Agreement.
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