Last Updated: December 2015
1.
INTRODUCTION AND ACCEPTANCE.
Welcome to the website of i3-EZPay, LLC dba EZPay ("EZPay", "we" or "us").
The following terms and conditions, together with any documents they expressly incorporate by reference and any Additional Terms (as discussed in Section 15) (collectively,
these "Terms of Use"), govern your access to and use of any website on which they are posted, including any content, functionality, applications, or services offered on or through such website (the "Services"),
whether as a guest or a registered user.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES.
BY REGISTERING FOR OR USING THE SERVICES YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH IN SECTION 15 BELOW.
You are responsible for ensuring that all persons who access our use our Services through your internet connection are aware of these Terms of Use and comply with them.
2.
YOUR PRIVACY.
EZPay may collect information about you and your use of our Services. Use and disclosure of such information is governed by our Privacy Policy, which is posted on the EZPay website.
A copy of this statement may also be obtained from the EZPay Support Center.
By using the EZPay Service, you agree to the terms of our Privacy Policy.
3.
REGISTRATION AND ACCESS TO AND USE THE SERVICES.
(a) Our Services are provided to schools and school districts (each a "School" or collectively "Schools") pursuant to agreements that we have entered into with the School.
In turn, our Services are made available by Schools to parents, guardians, and their designees to make payments to Schools for meals, tuition, and other fees and expenses.
If you are not a parent, guardian, or other designee of a student in a school district that uses our Services, you must not register for, access, or use our Services.
(b) To access our Services or some of the resources offered on our website, you may be asked to provide certain registration details or other information.
It is a condition of your use of our Services that all the information you provide to EZPay is accurate and complete.
We reserve the right at any time to disable any user name, password or other identifier, whether chosen by you or provided by us, or assess additional fees if, in our opinion, you have violated any provision of these Terms of Use.
You agree to notify us immediately of any unauthorized use (or attempted unauthorized use) of your account.
(c) Our Services are not directed at children under the age of 13.
If you are under 13 years old you are prohibited from submitting personal information to us.
For more information about children, see Section 8 of our Privacy Policy.
4.
EZPay SERVICES.
(a) Payment to Schools
(i) Depending on the payment methods approved by your student's School, you may make payments by using either a credit card or U.S. financial institution account.
Use of the payments you make to your student's School is governed exclusively by your agreement or arrangement with the School, and we are not responsible for the School's handling of payments after the School receives the funds.
(ii) Payments will be processed promptly for your student's use. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received by the School.
We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system.
If you have any questions regarding payments made by use of our Services, please contact the EZPay Support Center as set forth in Section 18 below.
(b) Payment Ownership, Scheduling, and Disbursement
(i) Funds transfers you make may be held for up to three (3) business days prior to disbursement to a School.
Once payment to a School has been scheduled, you may not cancel or change it. Your only recourse is to pursue a refund in accordance with Section 4(g)
EZPAY reserves the right to refuse to cause to be processed any payment if we reasonably believe that your activity, or the transaction if processed, would result in you being in violation of this Agreement or in violation of applicable law.
In such event we will attempt to promptly notify you if we decline to process a payment.
Notwithstanding the foregoing, we will have no obligation to notify you if we reasonably believe you have engaged in any prohibited activity listed in Section 7.
(ii) Once you transfer funds designated for payment to a School, you have no further rights in those funds subject to Section 4(g) below.
Prior to disbursement in accordance with the your instructions provided during the registration process, EZPAY shall cause to be deposited all funds received from you in a non-interest-bearing deposit account at a financial institution in the United States.
Such account is owned and maintained by its payment processor (the "Settlement Account"). The Settlement Account will be a commingled account containing funds for other customers of EZPAY’s payment processor in addition to the funds deposited for the benefit of the Schools.
EZPAY shall maintain records of subaccounts for each School ("Subaccount(s)"). EZPAY is not a bank, savings and loan or regulated financial institution. EZPAY is not a money transmitter. At no time does EZPAY own, control, or transfer the funds in the Settlement Account, which are owned and controlled by EZPAY’s payment processor.
EZPAY uses Instruction Based Funding services provided by its payment processor to cause the fund transfers required for the Services. EZPAY’s payment processor will initiate funds transfers to Schools from the Settlement Account consistent with funding instruction files received from EZPAY.
Neither you nor the School will receive interest on any amounts transferred for time which elapses during payment processing.
(c) Reversals, Returns and Chargebacks
The School agrees to be liable for any reversals, returns, or chargebacks (“Disputed Amounts”) incurred by EZPAY, and authorizes EZPAY to instruct its payment processor to setoff the amount of such Disputed Amount against funds held in
the School’s Subaccount in order to reimburse EZPAY for the amount of such Disputed Amount, and if the balance in its subaccount is insufficient to cover the Disputed Amount,
the School will immediately upon request from EZPAY transfer funds to the Settlement Account for credit to EZPAY in the Disputed Amount.
(d) Recurring Payments
You may authorize EZPAY to cause its payment processor to initiate recurring payments to the School you designate based upon an agreed upon schedule.
EZPAY will make these recurring payments unless and until EZPAY receives and confirms your request for cancellation, and has had a reasonable time to act upon it.
(e) Fees and other Charges
(i) The Services offered through this website are provided by EZPay and its affiliates.
(ii) You may be required to pay a fee for your use of the Services. If you are required to pay a fee, we will disclose the fee to you before you complete your payment.
If you do not wish to pay the fee, you will not be obligated to proceed with the transaction. The fees will vary based on your School’s contract with EZPay.
(f) Returned/ Uncollectible Check or Electronic Payments
EZPay reserves the right to take certain actions in the event that a check or electronic payment cannot be collected for any reason, including, but not limited to, insufficient funds or invalid account or bank information.
These actions include, but are not limited to, charging a returned payment fee, deducting the uncollected amount from the student's account(s), deducting the return payment fee from the student's account(s), and/or taking any other actions allowed by law.
The returned payment fee will not exceed the maximum amount allowed by law. We also reserve the right not to accept payments by such payment channel for the student in the future.
(g) Refunds
If you or the student are not satisfied with any good or service purchased with a payment, you agree to resolve the issue with the student's School.
The methods for refunds are determined solely by the Schools, and you agree to not seek refunds from EZPay or any of its affiliates.
If you would like a refund of any payment amount that has not been used by your student to purchase goods or services, you must contact the student's School directly.
All refunds are the responsibility of the Schools.
5.
INTELLECTUAL PROPERTY RIGHTS; SOCIAL MEDIA FEATURES.
(a) Our Services are owned by EZPay, 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.
You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
(b) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
(c) If we provide social media features with certain content, you may take such actions as are enabled by such features.
6.
TRADEMARKS.
The EZPay name, EZPay logo, and all related names, logos, product and service names, designs and slogans are trademarks of EZPay or its affiliates or licensors.
You must not use such marks without the prior written permission of EZPay.
All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
7.
PROHIBITED ACTIVITIES.
You may use our Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Services:
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In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws governing
the export of data or software to and from the United States or other countries, intellectual property laws, and laws relating to data protection
and privacy.
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To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using e-mail addresses
associated with any of the foregoing).
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To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm EZPay
or users of the Services or expose them to liability.
Additionally, you agree not to:
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Use any payment source you are not authorized to use or engage in any fraudulent transaction.
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Manipulate or abuse the credit card or ACH payments process in any way including, but not limited to, making a payment to crate cash from a credit
or gift card.
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Use the Services for any unauthorized or illegal purpose.
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Access the Services from a country other than the United States.
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Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services,
including their ability to engage in real time activities through the website.
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Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of
the material on the website.
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Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written
consent.
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Use any device, software or routine that interferes with the proper working of the Services.
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Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
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Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services (including the website, the server on which the
website is stored, or any server, computer or database connected to the website).
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Attack Services via a denial-of-service attack or a distributed denial-of-service attack.
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Otherwise attempt to interfere with the proper working of the Services.
8.
DISCLAIMER.
(a) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA
OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR YOUR USE OF THE SERVICES, OR ON ANY WEBSITE LINKED TO BY THE WEBSITE.
(b) YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
NEITHER EZPay NOR ANY PERSON ASSOCIATED WITH EZPay MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER EZPay 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.
(c) EZPay 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.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.
LIMITATION ON LIABILITY.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT IN NO EVENT WILL EZPay, ITS PARENT COMPANY, SUCCESSORS, AGENTS, AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS AND EACH OF THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE "EZPay ENTITIES") BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR
ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER THE EZPay ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR
DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT AN EZPay ENTITY.
(b) EZPay IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, AND YOU RELEASE THE EZPay ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(c) MAXIMUM LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF THE EZPay ENTITIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE,
EXCEED THE LESSER OF: (i) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THIS AGREEMENT FOR THE SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING THREE MONTHS; OR (ii) $500.00.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
(d) Exceptions. The exclusions and limitations in this Section 9 do not apply to EZPay's obligations or liability for EZPay's gross negligence or willful misconduct.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
10.
LIMITATION ON TIME TO FILE CLAIMS.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11.
INDEMNIFICATION.
You agree to indemnify and hold harmless the EZPay Entities 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, your use of the website or the Services, or from any act or omission by you or the student with respect to the Services, a payment, or the student’s school.
12.
MONITORING AND ENFORCEMENT; TERMINATION.
(a) We have the right to:
(i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
(ii) terminate or suspend your account if we believe, in our sole opinion, that you are using (or intend to use) the Services in a fraudulent manner or in a way that is otherwise in violation of the law or this Agreement.
(b) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or website.
YOU WAIVE AND HOLD HARMLESS THE EZPay ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
(c) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
(d) Any suspension or termination shall not affect your obligations to us under Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your account or this Agreement shall survive including, but not limited to the rights and licenses
that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all of the miscellaneous provisions in Section 16.
13.
MODIFYING OR CLOSING YOUR ACCOUNT.
You may also make changes to your account by logging into your account and changing your account settings.
You may close your account by contacting the EZPay Support Center as set forth in Section 18.
14.
GEOGRAPHIC RESTRICTIONS.
EZPay is based in the State of Tennessee in the United States. We provide this website and Services for use only by persons located in the United States. We make no claims that the Services will be accessible or appropriate outside of the United States. Access to the Services and website may not be legal by certain persons or in certain countries.
If you access the Services or website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
15.
ADDITIONAL TERMS; CHANGES TO THE AGREEMENT AND SERVICES.
(a) We reserve the right at any time and for any reason, to modify or discontinue any aspect or feature of the Services or to modify these Terms of Use.
In addition, we reserve the right to provide you with additional terms and conditions that may govern your use of the Services generally, unique parts of the Services, additional functionality or applications made available to you as part of the Services, or any or all of these ("Additional Terms").
Any such Additional Terms that we may provide to you will expressly reference these Terms of Use, be effective upon notice, and be incorporated by reference into these Terms of Use.
To the extent any Additional Terms directly conflict with these Terms of Use, the Additional Terms will control.
(b) Subject to the next paragraph, modifications to these Terms of Use will become effective three (3) days after posting on the website or, if we notify you by email or conventional mail, as stated in the email message or conventional mailing. Your access and use of the Services after the effective date of any modification of these Terms of Use will signify your assent to and acceptance of the same.
If you object to any subsequent revision to these Terms of Use, immediately discontinue use of the Services.
All counteroffers to these Terms of Use (or amendments to the same) are categorically rejected.
(c) If a dispute arises out of or relates to the site or these Terms of Use including, without limitation, any Additional Terms or their breach (the “Dispute”), the parties agree that the Terms of Use in effect at the time the Dispute arose shall apply to the Dispute, including any amendments to the Terms of Use posted prior to the dispute arising.
No amendment to the Terms of Use shall apply to any Dispute as to which we had notice prior to posting the amendment.
16.
THIRD PARTY CONTENT AND LINKS.
(a) We may provide third-party content through our Services. Any such third-party content represents the opinions and judgments of the third-party.
We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same.
(b) We may provide links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links.
We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
17.
MISCELLANEOUS.
(a) Force Majeure. EZPay shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of EZPay including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce),
or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of ten (10) days, you shall be entitled to give notice in writing to EZPay to terminate this Agreement.
(b) Entire Agreement. These Terms of Use, any Additional Terms, and our Privacy Policy constitute the entire agreement between you and us with respect to your use of the Services, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(c) Governing Law and Jurisdiction. All matters relating to the Services (including our website), 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 Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction), except that matters concerning or relating to School issues shall be governed by the state laws applicable to the School.
Any legal suit, action or proceeding arising out of, or related to our website, the Services, and/or these Terms of Use shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in the City of Nashville and County of Davidson although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your county of residence.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(d) Waiver and Severability. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
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.
(e) Assignment. You may not transfer or assign any rights or obligations you have under these Terms of Use without EZPay’s prior written consent.
EZPay reserves the right to transfer or assign these Terms of Use or any right s under it at any time.
(f) Communications. You consent to receiving communications from EZPay electronically.
You agree that we have the right to communicate with you by email or by posting notices on this website.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(g) Electronic Signatures. Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in or with these Terms of Use are intended to authenticate this writing and to have the same force and effect as manual signatures.
Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures.
18.
CONTACTING US.
This website is operated by i3-EZPay, LLC dba EZPay.
All feedback, comments, requests for technical support and other communications relating to the Services or website should be directed to the EZPay Support Center at [email protected].
Thank you for visiting our website.