Acceptance of the Terms of Use

These website terms of use (“Terms of Use”) are entered into by and between you and DIY Collect, LLC, d/b/a HealPay (“HealPay”, “Company”, “we” or “us”). You have been directed to our website, healpay.com (the “Website”), by a merchant with whom you conduct business with and who contracts with us to provide payment processing services to you (the “Services”). The following terms and conditions govern your access to and use of the Services and the Website, including any content, functionality and services offered on or through Website.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, Found Here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

These Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

These Terms of Use were published on the date “Last Updated” above. We may revise or change these Terms of Use at any time by posting an amended Terms of Use on the Website. You are bound by these updates when we post them. Because these Terms of Use may change, we encourage you to refer back often to these Terms of Use to read the current version to determine if any changes have been made. Any use of the Website or the Services after publication of any such changes shall constitute your acceptance of these Terms of Use as modified.

We also reserve the right to post, from time to time, additional rules of usage that apply to specific parts of the Website or the Services, which may be posted in the relevant parts of the Website and will be clearly identified. Your continued use of the Website or the Services constitutes your agreement to comply with these additional rules.

Accessing the Services

We reserve the right to withdraw or amend the Website, the Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Website, to users.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation. Additionally, you agree not to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, the server on which the Website is stored, or any server, computer or database connected to the Website.

HealPay provides its clients the ability to accept online payments from you. You acknowledge that Company is not a debt collector under the Fair Debt Collection Practices Act.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

Links From the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Representations and Warranties by You

You represent and warrant to us that: (a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Terms of Use and If you are entering into these Terms of Use on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms of Use, (b) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; and (c) all information that you provide through the Services will be true, accurate, and complete.

Disclaimer of Warranties

YOUR USE OF THE SERVICES AND THE WEBSITE ARE AT YOUR OWN RISK. THE SERVICES AND THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES SHALL BE TO DISCONTINUE USING THE WEBSITE AND THE SERVICES.

Limitation on Liabilities

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR TRUSTEES BE LIABLE TO YOUR OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES , OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, UNDER ANY LEGAL THEORY AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR THE SERVICES IS TO CEASE ALL USE OF THE WEBSITE OR THE SERVICES. YOU AGREE THAT HEALPAY SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Applicable law may not allow the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Company's total liability to you for damages, losses, and causes of action (whether in contract, tort or otherwise) exceed fifty dollars ($50.00) in accessing or using the Website or the Services.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Services, including, but not limited to, any use of the Website's content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Copyright Infringement

HealPay is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on the Website infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. You must provide the following information to HealPay's DMCA Agent.

• A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Website;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to HealPay's DMCA Agent, who can be reached as follows:

By Mail
DIY Collect, LLC, d/b/a HealPay
2003 Brooklyn Street
Detroit, MI 48226

By E-Mail
info@healpay.com

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

Governing Law and Jurisdiction

All matters relating to the Website and the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Michigan without giving effect to any choice or conflict of law provision or rule (whether of the State of Michigan or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, the Website, or the Services shall be instituted exclusively in the state or federal courts located in [Wayne or Oakland] County, Michigan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts and you hereby consent and submit to the exclusive jurisdiction of such courts for the purpose of litigating any such action.

Waiver and Severability; Assignment

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

You may not assign any rights or obligations under these Terms of Use without Company's prior express written consent. Company may assign all or part of these Terms of Use.

Entire Agreement

The Terms of Use and our Privacy Policy, which is hereby incorporated by reference, sets forth the entire agreement between you and Company with respect to the Website or Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website or Services. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website and the Services.