NexTrust Site Terms of Service

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