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This Terms of Service is a legal agreement (the "Agreement") between you and MODASolutions Corp. ("MODASolutions"), acting as eBillme , that governs your access to and use of eBillme as a purchaser of merchandise, goods, or services.
By clicking on the "Submit my order and eBillme" button, you agree to be bound by this agreement.

• I understand that I need to pay eBillme from my online banking
  bill payment system.
• I understand that payment is due immediately after I receive my eBill.
• I understand that my order will not ship until eBillme receives payment from my bank. (Once payment is scheduled, it takes 1-3 business days to payment to be received) or that my order may be processed and shipped immediately.
  

1. Definitions

The following defined terms appear in this Agreement:

• "You", "you" or "Buyer": A User that uses the Service to make Payment Transactions.
• Seller: A User that uses the Service to process Payment Transactions from Buyers.
• MODASolutions' Web Sites: The web site pages of eBillme, MODASolutions or a MODASolutions-affiliated or partner company.
• Payment Transaction: The processing of a payment through the Service that results in the transfer of funds from a Buyer to a Seller.
• Product: Any merchandise, goods or service that is listed for sale that a Buyer may pay for using the Service.
• Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
• Service: The eBillme service, as described in this Agreement.
  
• "eBillme", "we", or "us": MODASolutions.
  

2. Requirements for Use

In order to use the Service, we may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
You authorize us to confirm that you are in good financial standing. You also authorize us to make we utilize a secure 3rd party identity verification service as we deem appropriate to evaluate your continued use of the Service.
We, in our unfettered discretion, may refuse or terminate existing use of eBillme with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to the terms of this Agreement, you represent that you:

• Are 18 years old or older;
• Are capable of entering into a legally binding agreement; and
• Have not declared bankruptcy in the previous 12 months.
  

If you are a business entity, you also represent that:

• You are duly authorized to do business in the jurisdiction where you operate;
• You have the right and the requisite authority to enter into this Agreement; and
• Your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to the terms of this Agreement
  

3. Payment Transaction Processing

The Service facilitates the processing of Payment Transactions required to complete a payment for a purchase between a Buyer and a Seller. The Service will store information from Buyers, such as their shipping information, and will process Payment Transactions on behalf of Sellers through the appropriate bank network. eBillme may delay payment processing of suspicious transactions or halt transactions which may involve fraud, misconduct, or violate applicable law, this Agreement, or other applicable eBillme or Service policies, as determined at eBillme's sole and absolute discretion.

You acknowledge and agree that the purchases of Products are transactions between you and the Seller, and not with eBillme. eBillme is not a party to your purchase transactions, and eBillme is not a buyer or a seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on an eBillme Web Site.

4. Permissible Transactions

You may only use the Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to the purchase of a Product. The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (traveler's checks, prepaid cards, money orders, etc.). You may not use the Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.
You agree that you will not use the Service to process Payment Transactions for any Products that violate this Agreement, other policies or rules applicable to the Service, or applicable law.

5. Use of Service

We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice to Buyer or Seller.

We do not warrant that the functions contained in the Service will be uninterrupted or error-free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).

We may limit or suspend your use of the Service at any time, at our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Agreement arising before or after such suspension.

6. Use of Electronic Communications

We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during the order submission process, or (b) posting notices or communications on the eBillme web site. You agree that we may communicate the following with you by means of electronic communications: this Agreement (and revisions or amendments), notices or disclosures regarding the Service, payment details, and any other matter relating to your use of the Service, collection of funds and refund policies.

You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Agreement.

For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us by email (support@eBillme.com); (b) you may request a paper copy of an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.

7. Service Fees

We do not charge a fee to use the Service as a Buyer.

8. Disputes

eBillme will provide various tools to assist Buyers and Sellers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction. If Users are unable to resolve a dispute, we can mediate disputes between Buyers and Sellers if either party requests assistance. If this occurs, we will review the dispute and propose a non-binding solution, if appropriate. You, the Buyer, may also make use of eBillme's Buyer Protection Program to resolve a dispute between You and the Seller.

You agree to release eBillme, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve eBillme in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service.

9. Payment

The Buyer agrees to pay for their order via online bill payment within 24 hours of completing their order at the merchant site.
The Buyer must set up payee as the following:

eBillme
P.O. Box 635808
Cincinnati OH 45263-5808
Toll free: 1.866.365.6632

10. Collection

The Buyer understands that if order shipment is accepted and payment is not made within 7 days, eBillme reserves the right to move the payment to a collection's department, for which an interest fee of 20% per annum may be charged. In addition eBillme reserves the right to charge the Buyer a $35.00 fee for late payments. Further, eBillme reserves the right to transfer the full cost of the collection process to the Buyer.

11. Refunds

For all purchases, you must follow the standard process as outlined by the Seller where the purchase was made. For refunds that fall outside the Seller's refund policy, the eBillme Buyer Protection Program may be used to return goods, as described in the Terms and Conditions of the Buyer Protection Program.

You or the Seller may be responsible for all shipping, transfer and restocking fees associated with the return of the product to the Seller.
Except as set forth in this Agreement, all Payment Transactions processed through the Service are non-refundable to the Buyer by eBillme and are non-reversible by the Buyer through the Service.

12. eBillme is Not a Banking Institution

eBillme processes Payment Transactions on behalf of Sellers. eBillme is not a bank or other chartered depository institution. Funds held by eBillme or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of the Buyer and are not insured for the benefit of the Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.

13. Termination of Service

We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Agreement or other policies we may establish from time to time.
Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation, the right to refuse future access to the Service by you.

14. Buyer Responsibility for Taxes

The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions.

15. No Endorsement of Products

eBillme does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data, or other information (collectively, "Content") displayed or distributed, purchased or paid through the Service, or the eBillme Web Sites; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. eBillme hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. eBillme reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in eBillme's sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Agreement.

16. Unclaimed Property

If we are holding funds arising from a Payment Transaction processed through the Service or otherwise, and we are unable to contact you, and have no record of your use of the Service, applicable law requires us to return the funds to you within 5 business days. If we are unable to return the funds, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.

17. Indemnification

You agree to indemnify, defend and hold harmless eBillme, MODASolutions, their subsidiaries and other affiliates, their directors, officers, owners, agents, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorney's fees, including without limitation attorney's fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (a) your use of the Service; (b) any breach or non-compliance by you of any term of this Agreement or any of eBillme's policies; (c) any dispute or litigation caused by your actions or omissions; or (d) your negligence or violation or alleged violation of any law or rights of a third party.

18. Disclaimer of Warranties

The service, including all content, software, functions, materials, and information made available on, provided in connection with, oraccessible through the service, is provided "as is." To the fullest extent permissible by law, eBillme, MODASolutions, and their subsidiaries and other affiliates, and their agents, co-branders or other partners (collectively, "eBillme parties"), make no representation or warranty of any kind whatsoever for the service or the content, materials, information and functions made accessible by the software used on or accessed through the service, or for any breach of security associated with the transmission of sensitive information through the service. Each eBillme party disclaims without limitation, any warranty of any kind with respect to the service, non-infringement, merchantability, or fitness for a particular purpose. The eBillme parties do not warrant that the functions contained in the service will be uninterrupted or error free. The eBillme parties shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions or the service.

19. Limitations of Liability; Force Majeure

In no event shall any eBillme party be responsible or liable to the Buyer or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with any eBillme party or the service, or any goods, services, or information purchased, received, sold, or paid for by way of the service, regardless of the type of claim or the nature of the cause of action, even if the eBillme party has been advised of the possibility of such damage or loss. In no event shall the eBillme parties' total cumulative liability arising from or relating to this agreement exceed the net fees eBillme has actually received and retained from the Buyer's valid payment transactions during the three month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to, and without limiting any of the foregoing, no eBillme party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party.

20. Notice

In addition to the electronic communications authorized under the Section entitled, "Use of Electronic Communications", statements, notices and other communications to the Buyer may be made by mail, email, postings on the eBillme web site or other reasonable means. We may also provide notices of changes to this Agreement or other matters by displaying links to notices on the eBillme web sites.
Notices to eBillme may be made by mail to:

800 Westchester Ave.
Suite 309N
Rye Brook, NY
10573

21. Modification of Agreement

We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Agreement at any time by posting notification on a MODASolutions web site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.

22. Assignment

You may not assign this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Agreement and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

23. Survival

Upon termination of your use of the Service or termination of this Agreement for any reason, in addition to this section, all sections of this Agreement shall survive.

24. Other Provisions

The failure of eBillme to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement shall be judged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Agreement, including eBillme's policies governing the Service referenced herein, constitutes the entire agreement between eBillme and the Buyer with respect to the Buyer's use of the Service. This Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than the Buyer and eBillme, MODASolutions, and other eBillme affiliates which each shall be a third party beneficiary of this Agreement for Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.

25. eBillme: Content Policies

eBillme has developed the following policies to ensure overall program quality and a positive user experience for everyone. Any Buyer or Seller processing transactions through eBillme must adhere to these policies.
eBillme reserves the right to expand or edit these policies at any time. eBillme will also exercise its sole discretion in the interpretation and enforcement of these policies in conjunction with the program's Terms of Service. Products, goods, services, and other items not listed below may still be restricted.