AGREEMENT BETWEEN USER AND FIELDWARE LLC
This Web Site is operated by Fieldware LLC, d/b/a feeservice.com, on behalf of the Corrections Agency named on the main page of this site (“Corrections Agency”). This Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Fieldware LLC Web Site constitutes your legally binding agreement to all such terms, conditions, and notices (“Agreement”), as well as any subsequent amendments thereof.
1. THE FIELDWARE LLC PAYMENT SERVICES
By accessing Fieldware LLC’s services through its Web Site, you can make payments to the Corrections Agency for credit to a specific Corrections Agency or court ordered fine, fee or restitution account (“Payment Services”). On behalf of the Corrections Agency, upon your request Fieldware LLC will initiate the transfer of your funds to the Corrections Agency for deposit into the designated account.
In consideration for your use of the Payment Services, you agree to pay the non-refundable service fee in the amount provided on the Web Site at the time you submit your payment (“Service Fee”) using payment methods accepted by the Web Site. By using a credit or debit card to pay the Service Fee and to fund the transfer of monies to the Corrections Agency, you authorize Fieldware LLC or its agents to charge your credit or debit card for the aforementioned amounts. Fieldware LLC is not responsible for any fees charged by any bank or other financial institution with respect to the transfer of funds to the Corrections Agency or the use of your credit or debit card for the Payment Services.
Upon Fieldware LLC’s transfer of funds to the Corrections Agency, the Corrections Agency is solely responsible for compliance with any applicable laws or regulations relating to the processing and distribution of funds to appropriate accounts. Fieldware LLC assumes no responsibility for the Corrections Agency’s incorrect or delayed processing of or decision to reject a payment. In the event that a payment is rejected by the Corrections Agency, the Corrections Agency is responsible for refunding the payment amount to you. Any refund due to you from the Corrections Agency is exclusive of the non-refundable Service Fee you paid in consideration for using the Payment Services.
It is your responsibility to ensure that payments are sent to the appropriate account(s) and references the correct offender identification number, where applicable. In the event Fieldware LLC cannot complete a transfer of your payment to the Corrections Agency, Fieldware LLC will attempt to contact you to issue a refund, excluding Service Fees paid. If Fieldware LLC is unable to reach you, Fieldware LLC will comply with any applicable state laws regarding the escheat of your payment to the state in which your billing address is located.
2. YOUR INFORMATION
This Agreement incorporates by reference the Braintree Data Protection and Privacy Statement (“Privacy Statement”). Braintree is the electronic payment gateway used by Fieldware LLC to process your transaction. By using this Web Site, you agree to provide certain identifying information necessary for Fieldware LLC to provision the Payment Services. Please refer to the Privacy Statement for Fieldware LLC’s policy on the use and protection of your information.
4. LINKS TO THIRD PARTY SITES
The Fieldware LLC Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Fieldware LLC and Fieldware LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fieldware LLC is not responsible for webcasting or any other form of transmission received from any Linked Site. Fieldware LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fieldware LLC of the site or any association with its operators.
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Fieldware LLC Web Site, you warrant to Fieldware LLC that you will not use the Fieldware LLC Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Fieldware LLC Web Site in any manner which could damage, disable, overburden, or impair the Fieldware LLC Web Site or interfere with any other party's use and enjoyment of the Fieldware LLC Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Fieldware LLC Web Sites.
6. DISCLAIMERS AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FIELDWARE LLC WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FIELDWARE LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FIELDWARE LLC WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FIELDWARE LLC WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
FIELDWARE LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FIELDWARE LLC WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FIELDWARE LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
7. SERVICE CONTACT
Users with concerns or inquiries regarding this Web Site or the Payment Services may contact us via email at email@example.com.
8. TERMINATION/ACCESS RESTRICTION
Fieldware LLC reserves the right, in its sole discretion, to terminate your access to this Web Site and the related services or any portion thereof at any time, without notice.
You agree to indemnify, defend, and hold harmless Fieldware LLC, its subsidiaries, affiliates, owners, directors, employees, agents, and representatives from and against any and all losses, claims, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys fees and disbursements) which are reasonable and documented in relation to or arising out of (a) your access to and/or use of the Fieldware LLC Web Site and its Payment Services; (b) your violation of this agreement; and (c) your violations of any applicable regulations or intentional unlawful conduct of any nature.
10. COPYRIGHT AND TRADEMARK NOTICES
All contents of this Web Site are subject to copyright by Fieldware LLC and/or its suppliers. All rights are reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Fieldware LLC's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Copyright and Trademark Notices.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A., and by accessing this Web Site and/or using the Payment Service you consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of this Web Site.
Use of this Web Site and/or the Payment Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph, and in any jurisdiction in which you may not lawfully use the Payment Services.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fieldware LLC as a result of this agreement or your use of this Web Site or the Payment Services.
Fieldware LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fieldware LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Fieldware LLC with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fieldware LLC with respect to the Fieldware LLC Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fieldware LLC with respect to this Web Site or the Payment Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.