Website User Agreement and Terms of Use. Please carefully read this Website User Agreement and Terms of Use (“Agreement”) of The Cadle Company and its affiliates (“The Cadle Company” or “we”). This Agreement applies to all visitors and users of the websites owned or controlled by The Cadle Company (“Sites”). You agree to adhere to and be bound by this Agreement, as it may be modified from time to time, in the sole discretion of The Cadle Company. If you do not agree to be legally bound by this Agreement, you are not permitted to use the Sites.
IF YOU CHOOSE TO PROCEED TO THE ONLINE PAYMENT SERVICE, YOU MUST ALSO READ AND SPECIFICALLY AGREE TO THE ONLINE PAYMENT SERVICE TERMS LOCATED AT THE END OF THIS AGREEMENT.
Termination of Access to the Sites. The Cadle Company reserves the right, in its sole discretion, to restrict, suspend or terminate access to all or any part of the Sites at any time for any reason without prior notice or liability. The Cadle Company may change, suspend or discontinue all or any aspect of the Sites at any time, including the availability of any feature, database, information or content without prior notice or liability. You are not authorized to use the Sites in any jurisdiction where the terms of this Agreement are not enforceable. The disclaimers and limitations of liability set forth in this Agreement shall survive any termination.
Changes to the Agreement. The Cadle Company reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the home page of the Sites. You agree to review the Agreement when we have posted notice of change or modification to the Agreement to be aware of such changes or modifications and your continued use of the Sites after any changes are posted will be considered acceptance of those changes. If you do not agree to the changes, please discontinue your use of the Sites.
Our Services. All features, and specifications on the Sites are subject to change at any time and without notice. From time to time there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to accessibility and availability. We reserve the right to make changes without notice. We reserve the right, without prior notice, to limit and/or refuse service to any customer. The inclusion of any services on the Sites does not imply or warrant that these services will be available at any particular time.
User Representations, Warranties and Covenants. You represent, warrant and covenant that:
• You will comply at all times with the terms of this Agreement and all applicable federal, state, provincial and local laws, rules and regulations in your use of the Sites and the Online Payment Service.
• You will not use the Sites or the Online Payment Service for any purpose which is improper, unlawful, abusive, harassing, libelous, defamatory, obscene or threatening, or which violates this Agreement;
• You will not, nor will you permit any other person, corporation or entity, without the prior written consent of The Cadle Company to: (i) copy, duplicate or grant permission to the Sites or use of the Online Payment Service; (ii) decompile or disassemble components of the Sites; (iii) engage in any reverse engineering; (iv) use The Cadle Company’s name (or any affiliated company’s name) including its URL, trade names or other materials in connection with, or to transmit, any “spam.” For the purposes of this Agreement, “spam” has the meaning generally understood among Internet users;
• Any transmission of data from your computer equipment or system will be free from: (i) intentionally injurious instructions (e.g. “viruses”) that are designed to modify, damage, delete or disable the Sites or the Online Payment Service; (ii) any hidden passwords that permit unauthorized access to the Sites or Account Services data; or (iii) any embedded code that could trigger, shut down or disable the Sites or Account Services;
• If using the Online Payment Service, you will implement and maintain adequate procedures and safeguards to ensure data is accurate and to make backup copies of all information supplied to the Account Services.
Disclaimer of Warranties and Liability. Although The Cadle Company uses reasonable efforts to maintain the Sites and the Online Payment Service, these are provided to you free of charge, “as is, where is.” Please read this disclaimer carefully before using the Sites or the Online Payment Service.
YOU AGREE THAT YOUR USE OF THE SITES AND THE ONLINE PAYMENT SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SITES OR THE ONLINE PAYMENT SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SITES OR THE ONLINE PAYMENT SERVICE, YOU DO SO AT YOUR OWN RISK. USERS ARE RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING ADEQUATE PROCEDURES AND SAFEGUARDS TO ENSURE DATA IS ACCURATE AND TO MAKE BACKUP COPIES OF ALL INFORMATION SUPPLIED TO THE CADLE COMPANY.
THE MATERIALS ON THE SITES AND THROUGH THE ONLINE PAYMENT SERVICE ARE PROVIDED TO YOU “AS IS, WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. SPECIFICALLY, THE CADLE COMPANY, ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE ON OR THROUGH THE SITES OR THE ONLINE PAYMENT SERVICE. NOR DO THEY GUARANTEE THAT THE SITES OR THE ONLINE PAYMENT SERVICE WILL BE ERROR-FREE OR CONTINUOUSLY AVAILABLE OR THAT THE SITES, THE ONLINE PAYMENT SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CADLE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITES OR IN THE ONLINE PAYMENT SERVICE OR IN THIRD-PARTY SITES OR YOUR RELIANCE THEREUPON IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU, AND NOT THE CADLE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
UNDER NO CIRCUMSTANCES SHALL THE CADLE COMPANY OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, OR WHETHER RESULTING FROM TORT, CONTRACT OR OTHER THEORIES OF LAW) INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES AND LOST PROFITS, IN CONNECTION WITH, OR IN ANY WAY ARISING OUT OF: (1) THE USE OR INABILITY TO USE THE SITES OR THEIR CONTENT OR THE ACCOUNT SERVICES; (2) ANY SERVICES OBTAINED THROUGH THIRD PARTIES REFERENCED OR MADE AVAILABLE ON OR THROUGH THE SITES; (3) ANY ERRORS OR OMISSIONS IN THE CONTENT OR INFORMATION ON THE SITES OR THROUGH THE ONLINE PAYMENT SERVICE,OR (4) ANY COMPUTER VIRUS OR OTHER PROGRAMMING DEVICE, EVEN IF THE CADLE COMPANY IS ADVISED OF THE POSSIBILITY THEREOF.
IF YOU BECOME DISSATISFIED WITH THE SITES OR THE ONLINE PAYMENT SERVICE OR THE TERMS, CONDITIONS OR POLICIES GOVERNING THESE, THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES OR THE ONLINE PAYMENT SERVICE. THIS LIMITATION ON DAMAGES IS ESSENTIAL TO THE AGREEMENT BETWEEN YOU AND THE CADLE COMPANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO PORTIONS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE CADLE COMPANY, ITS AGENTS AND LICENSORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Privacy. Any personally identifiable information we collect from you or about you on our Sites is subject to our privacy policy. For more information, see privacy policy.
Exchange of Information. In connection with using the Sites or the Online Payment Service, you may provide or receive information by email. Although email is generally reliable, email can be transmitted improperly or wrongfully intercepted. The Cadle Company does not warrant or guarantee that the transmission of email messages will be uninterrupted or transmitted without error and we will not use email services, nor should you, to send sensitive data such as payment card or financial account information.
Links to Third-Party Sites. The Sites may contain links to sites on the Internet that are owned and operated by third parties. You acknowledge that The Cadle Company is not responsible for the availability of, or the content located on or through, any third-party sites. You should contact the site administrator or Webmaster for those sites if you have any concerns regarding such links or the content located on such sites.
Indemnification. You agree to defend, indemnify and hold harmless The Cadle Company, its successors and assigns, its parents, subsidiaries, affiliates, licensors, licensees and their respective directors, officers, employees and agents for, from and against all liabilities, claims, damages and expenses, including attorneys’ fees, arising out of or in connection with your use of the Sites or the Online Payment Service, or your violation or alleged violation of the terms of this Agreement. Any indemnified party may participate, at its own expense, in the defense of any matter subject to indemnification by you and you agree to cooperate with such party in the defense of such claim.
Dispute Resolution. This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to its conflicts of law principles or rules. The parties agree that any disputes arising out of or related in any way to this Agreement including specifically, the below Account Services Terms, including the breach thereof, shall be filed in the state or federal courts in Trumbull County, Ohio or in the Northern District of Ohio Federal Courts, as applicable. The parties agree that the laws of the State of Ohio shall govern any such dispute and they consent and agree to the jurisdiction of the Ohio courts. Neither party will argue or contend that it is not subject to the jurisdiction of the Ohio courts or that venue in Trumbull County, Ohio, or in the Northern District of Ohio Federal Courts, as applicable, is improper. The parties agree to waive any right to a trial by jury in any such dispute and that the matter will be tried solely to the court. The parties understand that they are giving up valuable legal rights under this provision, including the right to trial by jury, and that they voluntarily and knowingly waive those rights.
Other. The provisions of this Agreement will be deemed severable and the invalidity or unenforceability of any provision will not affect the validity or enforceability of the other provisions hereof. Any provision determined to be invalid or unenforceable will be modified, to the extent possible, to be valid and enforceable so as to retain the intent of the parties.
Online Payment Service Terms
FOR YOU TO PARTICIPATE IN OUR SERVICES PROVIDED THROUGH OUR ONLINE PAYMENT SERVICE, WITH YOUR ACKNOWLEDGEMENT BELOW, YOU AGREE TO THE ABOVE TERMS AND THE FOLLOWING ADDITIONAL TERMS (ALL OF WHICH TOGETHER ARE THE ONLINE PAYMENT SERVICE TERMS):
By acknowledging and agreeing to the Online Payment Service Terms, you will be confirming your understanding that the Online Payment Service is provided to The Cadle Company by a third-party, therefore The Cadle Company has limited ownership of and involvement with the structure and functionality of the Online Payment Service. As a result, The Cadle Company has limited liabilities with the Online Payment Service. It is your sole responsibility to adhere to the following conditions:
Each time you access the Online Payment Service through any means: (1) you represent that you have been authorized to use the Online Payment Service provided to you by The Cadle Company through its third-party provider; and (2) You agree to be bound by this Agreement. Use of the Online Payment Service is restricted to you and your authorized users. Unauthorized use of the Online Payment Service including, but not limited to, unauthorized entry into the Online Payment Service or misuse of any information within the Online Payment Service is strictly prohibited. The Cadle Company reserves the right, in its sole discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the home page of the Sites. You agree to review the Agreement when we have posted notice of change or modification to the Agreement to be aware of such changes or modifications and your continued access or use of the Account Services after any changes are posted will be considered acceptance of those changes. If you do not agree to the changes, please discontinue your use of the Account Services. The Cadle Company may in its sole discretion and at any time, terminate or suspend your use of, or access to, the Account Services. You are not authorized to use the Account Services in any jurisdiction where the terms of this Agreement are not enforceable.
Data and Usage: To use the Online Payment Service, you must provide personal data including contact information and payment account information. You agree to provide true and accurate information. You must be over 18 years of age to use the Online Payment Service. You are fully liable for all use of the Account Services, including any use by a user not authorized by you who accesses the Online Payment Service using your information. We may, at our discretion, request that you verify any usage of the Online Payment Service carried out on your behalf. You should promptly notify The Cadle Company of any unauthorized use of information or other breach of security.
Authentication and Authorization for Account Services Usage.
• The Cadle Company will incorporate commercially reasonable methods to authenticate the information that you have supplied for making a payment through the Online Payment Service. Payments will not be applied until the provided information has been authenticated. As the user of the Online Payment Service, and upon your acceptance of this Agreement and use of payment services you will have submitted your banking account or payment card information (“Designated Account”) You are responsible for any legal, regulatory, or banking penalties and fees that may be assessed for supplying false information to us for use with the Account Services, including the Online Payment Service.
• The Online Payment Service may be used for payment on both consumer and commercial accounts.
• If the payment source is a banking account or payment card for your business, then it must be one for which you are a properly authorized signer.
• It is prohibited for any commercial third-party payment processor or remitter to use the Account Services (including the Payment Services) to submit for processing any payment for The Cadle Company account. This includes, but is not limited to, commercial third-party payment processors or remitters submitting payments for or on behalf of The Cadle Company customers. Such use will be deemed a breach of this Agreement.
• By accepting this Agreement, you authorize The Cadle Company to initiate a charge to your Designated Account. Each time you use the Payment Services to pay The Cadle Company, you will be reauthorizing us to charge your designated account.
Use of Payment Services.
By providing The Cadle Company and their third-party service provider, with the account information for your Designated Account, you authorize us to follow the payment instructions we receive from you through the Online Payment Service. When you use the Online Payment Service to send us a payment instruction, you authorize The Cadle Company and their third-party service provider to initiate a message to your bank or payment card provider to charge your Designated Account and to send those funds to us for payment on your account so that we receive the funds as close as reasonably possible from the date indicated by you in the payment instruction. If your payment is received after the due date of the invoice, regardless of any cause except for our failure to reasonably process your explicit payment instruction actually received by us before the due date, then you will remain responsible for any late charges and interest assessed, the same as if you mailed your payment to us and we received it after the due date. This would be true even if you are unable to access the system due to problems with the Internet, or our servers being temporarily unavailable. This Agreement, does not affect or alter the other agreements you have with The Cadle Company for its services or your payment obligations under those agreements.
ACKNOWLEDGEMENT OF THE USER.
This Agreement is the complete and exclusive statement of the agreement regarding The Cadle Company website, in addition to the third-party provided Online Payment Service.
THE FOLLOWING TERMS APPLY TO CONSUMER USERS, COMPANY USERS AND COMPANY USER REPRESENTATIVES:
You should print and retain this document for safekeeping and reference at any time during usage of the Online Payment Service.
By accepting these Account Services Terms, you represent and warrant that:
• You are 18 years old or older;
• You are using your actual identity and any information you provide is accurate and complete;
• You are legally authorized to make payments using your designated account;
• You have read and agreed to our privacy policy.
• Your use of the Online Payment Service will not violate any local, state, national or international laws or regulations.
Last Updated: April 2019
PLEASE BE ADVISED THAT THE PURPOSE OF ANY COMMUNICATION ON THIS WEBSITE IS TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.