ACCEPTANCE OF TERMS

Welcome to the NexTrust.com website (“Site”). The Services that NexTrust provides to you through this Site, or any other site, including the Parties’ separate Reseller Agreement(s), are subject to the following Terms of Use and the NexTrust Privacy Policy (collectively, "TOU"). Your access to and use of the Site is conditioned upon your acceptance of the TOU. By accessing, using, viewing, or browsing the Site, you agree to these TOU. If you do not agree to these TOU, do not access the Site in any way. NexTrust reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms" hypertext link located at the bottom of our Web pages. You should visit this page from time to time to review the then-current terms and conditions for use because they are binding upon you. This Agreement constitutes the entire agreement between you and NexTrust with respect to the matters contained herein.

USER’S REPRESENTATIONS

You represent and warrant to NexTrust that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may submit to NexTrust is truthful, accurate and complete and that you will keep any such information updated; and (c) you will comply with all of the terms and conditions of this Agreement.

DESCRIPTION OF SERVICES

NexTrust provides users (“you”) with outsourced document delivery services (Mail and paperless eBill) and payment services (online ePay and local OfficePay) (the “Services”). The Services, including tools, resources, documents, any updates, enhancements, and/or new features, are subject to the TOU.

COPYRIGHT AND USE OF MATERIALS

The information and materials contained in the Site are protected under worldwide copyright laws and treaty provisions. Contents of this site are owned by NexTrust or other third parties. You may download, copy, and distribute NexTrust documents and brochures for your organization’s noncommercial use only – you are not authorized to make any changes to the same. Prior written permission must be obtained from NexTrust for any other use of the materials. You may not modify, copy, license, publish, distribute, transmit, upload, reuse, report or use the content of the Site for public or commercial purposes. In no case may any type of hyperlink be created to any NexTrust site without the prior written consent of NexTrust.

PRIVACY AND PROTECTION OF INFORMATION

See our Privacy Policy relating to the collection and use of your information by clicking on the link located at the bottom of the Site pages.

MEMBER ACCOUNT, PASSWORD, AND SECURITY

To access the Services, you must complete the enrollment wizard process by providing us with current, complete, and accurate information as prompted by the applicable enrollment form. You will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify NexTrust immediately of any unauthorized use of your account or any other breach of security. NexTrust will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by NexTrust or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

INFORMATION PROVIDED TO NEXTRUST

NexTrust does not claim ownership of the information you upload, input or submit to any Services (each a "Submission" and collectively "Submissions"). However, by uploading, inputting, providing, or submitting your Submission you are granting NexTrust, its affiliated companies and necessary supplier’s permission to use your Submission in connection with the operation of providing Services to you.

By Uploading a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SITE INFORMATION

While NexTrust makes every reasonable attempt to include accurate and current information in the Site, NexTrust makes no warranties or representations as to its accuracy. NexTrust assumes no liability or responsibility for any errors or omissions in the content of the Site and expressly disclaims any liability whatsoever for “obvious errors”.

THIRD-PARTY DOCUMENTS AND SOFTWARE

There may be instances when NexTrust visitors are prompted to download third-party software such as Acrobat Reader, Internet Explorer, or PDF documents. NexTrust does not warranty, guarantee or endorse these third-party materials and provides them as a convenience. NexTrust assumes no responsibility for errors, omissions or technical inaccuracies in third-party materials. NexTrust shall not be held liable for any damages, including direct, special, indirect, incidental or consequential lost revenues or lost profits that may result from the use of third-party materials.

LINKS TO THIRD-PARTY SITES

THIRD-PARTY LINKS WILL LET YOU LEAVE THIS SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEXTRUST AND NEXTRUST IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEXTRUST IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEXTRUST IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEXTRUST OF THE SITE. NEXTRUST RESERVES THE RIGHT TO TERMINATE ANY LINK OR LINKING PROGRAM AT ANY TIME. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO THIS SITE, YOU DO SO AT YOUR OWN RISK. YOU AGREE NOT TO LINK ANY OTHER WEB SITE TO THIS SITE WITHOUT THE PRIOR WRITTEN PERMISSION OF NEXTRUST.

THIRD-PARTY SUPPLIERS

THIRD-PARTY SUPPLIERS MAINTAIN THE RIGHT TO SUSPEND OR TERMINATE THE PERFORMANCE OF THEIR SERVICES, WITHOUT END-USER NOTICE, FOR CONTRACTUAL NON-COMPLIANCE BY NEXTRUST. IN NO EVENT SHALL NEXTRUST AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any NexTrust server, or the network(s) connected to any NexTrust server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any NexTrust server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

APPLICABLE LAWS

This Site is controlled by NexTrust from its offices within the state of Utah in the United States of America. NexTrust makes no representation that materials or services on this Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You and NexTrust agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in state or federal court located in Salt Lake City, Utah.

WARRANTY

Your uploading, downloading, browsing, and general use of the Site are at your risk. Neither NexTrust, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL NEXTRUST BE RESPONSIBLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA REGARDLESS OF WHETHER IT WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF. IN NO EVENT WILL NEXTRUST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO BILLER OR PAYERS, DIRECT OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY RELATED TO ACTS OR OMISSIONS OF THIRD PARTIES.

COPYRIGHT NOTICE

© 2012, NexTrust Corporation. All rights reserved.

TRADEMARKS

NexTrust, NexTrust logos, BillFlash, BillFlash logos, Getting You Paid, Statements Made Easy, Intelligent Billing Services, Breakthrough Billing and Payment Solutions, MyProviderLink, MyProviderLink logos and/or other NexTrust products referenced herein are trademarks of NexTrust Corporation. NexTrust Corporation may own other trademarks and/or trade names that are not included here. The absence of a product or service name or logo from this list does not constitute a waiver of NexTrust’s trademark or other intellectual property rights concerning that name or logo. The names of other companies and products or services mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

Direct your questions to the appropriate contact as listed on the Site.

Last Updated: 2012 09 18

Protecting your privacy is important to us. The following policy will help you understand how NexTrust collects, uses, and safeguards the information you provide to us on our website, NexTrust.com (the “Site”). We are committed to maintaining the highest level of privacy and security in order to maintain your trust. Any future modifications to this Privacy Policy will be posted on the Site. By visiting the Site, you are accepting the practices described herein.

Business Information

NexTrust may collect user’s business information through the Site including but not limited to: Business Name, Address, Employer Identification Number (aka Tax ID), Contact Names, Phone Numbers, Email Addresses, Payment Information, and Billing System, We use collected information to securely provide our services to the intended users.

Tracing Information

Like most service providers, NexTrust records certain tracing information any time someone visits our Site. For every web page that is viewed, our web server records an IP address, the operating system, browser version, and the name of the page that was viewed. This information is not linked to any specific user, and is used in the aggregate to maintain and improve the Site.

Cookies

A “cookie” is a small amount of data transferred to your web browser and read by the web server that placed it there. It works like an identification card recording previously entered information. Cookies are used by NexTrust to track your order process without having to re-verify your password on each page of the Site. Rather than storing this information on NexTrust’s server, the cookie is stored on your computer’s hard drive and is activated only when you visit the Site. Your privacy and security are not compromised when you accept a cookie from the Site. Your information is yours and yours alone. No one can access the information except NexTrust. You can set your web browser to notify you when you receive a cookie, giving you a chance to accept or reject it.

Uploaded Files

Your uploaded files are your property and are not used for any other purpose except to process the billing and payment services that you have selected.

Business Associates

To facilitate your business, NexTrust may obtain services from various vendors, provided they agree to keep your information confidential consistent with the terms of this Privacy Policy. NexTrust’s carefully selected vendors are HIPAA compliant and offer the same privacy protections required by all of their enterprise clients, including many Fortune 1,000 companies. We do not otherwise share, sell, rent, give away, or loan your information with or to anyone else unless you explicitly ask us to do so. NexTrust reserves the right to share your information to the extent required by law or legal process, or in special cases where we believe that this information is necessary to identify, contact, or bring legal action against someone who may be causing injury to or interference with NexTrust rights or property, or to other Site users, or to anyone else who could be harmed by such activities, or in connection with a corporate transaction, such as a merger, consolidation or asset sale, or in the unlikely event of a bankruptcy.

"Opt Out" Policy

Occasionally NexTrust sends notifications of service updates, etc. You may choose to not receive these notifications by replying to the “opt out” link provided on the communication.

Updating Your Information

You can update much of your business information by signing into the Site. All of your business account information can be managed by contacting NexTrust.

Site Security

While no Web site can guarantee security; we have implemented appropriate administrative, technical and physical security procedures to help protect your information. For example, the Site uses industry leading 128 bit secure socket layer (SSL) to encrypt the transfer of sensitive information, such as your account password and billing information, from your web browser to our web server. The same SSL protocol also acts to authenticate the Site and prevent unauthorized "hackers" from masquerading as the Site. This is accomplished through a "digital certificate" which is an electronic "identity card" that cannot be forged.

If another website attempts to falsely identify itself as the Site, your web browser will display a warning indicating that there is a problem with the digital certificate for the Site. Do not log in to a site if you see any such warning.

NexTrust Data and Production Center Security

NexTrust data and production centers are located in highly secure facilities. These facilities are secured 24 hours a day and log the movement of all authorized visitors via electronic badge locks and motion sensors.

The NexTrust data center computers communicate with each other using a private network behind a "firewall" that prevents unauthorized access to our machines.

Communication between NexTrust data centers and production centers is accomplished using secure encrypted data lines. Because production is automated, almost all mail produced is never seen or touched by human hands.

How You Can Help Keep Your Information Secure

The most important step you can take to keep your information secure is to keep your password secure. Do not give your password to other people, and avoid choosing "easily guessed" passwords (e.g. any single word in the dictionary, proper names of people and places easily associated with you, etc.). Change your password immediately if you suspect someone has been accessing your account without your knowledge and consent.

External Links

If any part of the Site links you to other sites, those sites do not operate under this Privacy Statement. We recommend you examine the privacy statements posted on those other websites to understand their procedures for collecting, using, and disclosing personal information.

Please immediately report any suspected security violations by using the Contact Us page of the Site.

Last Updated 2012 09 18

NexTrust, Inc. owns and operates BillFlash. Corporate headquarters are located in Park City, Utah - the proud home of the 2002 Winter Olympics and the US Ski Team. Park City is centrally located near the Wasatch Front technology corridor which includes Salt Lake City, Orem, and Provo.