Introduction This Terms of Use document (hereinafter "Agreement") is a contract between you and CheckFreePay Corporation and its Affiliates ("CheckFreePay" or "we"), including but not limited to CheckFreePay Corporation of New York (all of which are wholly owned subsidiaries of Fiserv, Inc.). "Affiliates" means companies related by common ownership or control. This Agreement applies to your use of the website at zashpay.fiserv.com (the "Site") and any and all services offered through it (the "Services").

Eligibility The Site and the Services are offered only to individual residents of the United States who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not offered to any person under the age of eighteen (18). By using the Site or the Services, you represent that you meet these requirements and that you agree to be bound by this Agreement. Additional eligibility requirements may apply to the users of certain Services offered through the Site.

Scope CheckFreePay offers many products and services, some of which are available through other organizations such as banks, credit unions, brokerage firms, Internet portals, and others. This Agreement applies only to the Site and Services offered through it. CheckFreePay products and services offered through other websites or organizations may be governed by different terms. The website at zashpay.com provides a more detailed Terms of Use for that site.

Amendments CheckFreePay may amend this Agreement and any applicable fees and charges for the Services at any time by posting a revised version on the Site. The revised version will be effective at the time it is posted unless a delayed effective date is expressly stated in the revision. Any use of the Site or the Services after a notice of change will constitute your agreement to such changes.

Further, CheckFreePay may, from time to time, revise or update the applications, Services, and/or related material, which may render all such prior versions obsolete. Consequently, CheckFreePay reserves the right to terminate this Agreement as to all such prior versions of the applications, Services, and/or related material and limit access to only the Services' more recent revisions and updates.

Our Relationship With You CheckFreePay is an independent contractor for all purposes with respect to this Site.

Assignment You may not transfer or assign any rights or obligations you have under this Agreement without CheckFreePay's prior written consent, which CheckFreePay may withhold in its sole discretion. CheckFreePay reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. CheckFreePay may also assign or delegate certain of its rights and responsibilities under this Agreement to independent contractors or other third parties.

Notices to CheckFreePay Except as otherwise stated below, notice to CheckFreePay concerning the Site or the Services must be sent by postal mail to: CheckFreePay, ATTN: ZashPay, PO Box 2168, Columbus, OH 43216-2168. CheckFreePay may also be reached at 877-898-5343 for questions and other purposes concerning the Site or the Services, but such telephone calls will not constitute legal notices under this Agreement.

Notices to You You agree that CheckFreePay may provide any necessary notices to you regarding the Site or the Services by posting it on the Site (including but not limited to the "State Disclosures" link on the Site), or by emailing it to any email address that you have provided us, or by mailing it to any postal mailing address that you have provided us.

Your Privacy Protecting your privacy is very important to CheckFreePay. Please review our Privacy Policy in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.

Privacy of Others If you receive information about another person through the Site or the Services, you agree to keep the information confidential and only use it in connection with the Site and the Services.

Intellectual Property "zashpay.com", "ZashPay", and all marks and logos, related to the Services, are either trademarks or registered trademarks of CheckFreePay or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of CheckFreePay. You may not copy, imitate, or use any of the above without our prior written consent, which CheckFreePay may withhold in its sole discretion, and you may not use them in a manner that is disparaging to CheckFreePay or the Services or display them in any manner that implies CheckFreePay's sponsorship or endorsement. All right, title and interest in and to the Site, any content thereon, the Services, the technology related to the Site and Services, and any and all technology and any content created or derived from any of the foregoing, is the exclusive property of CheckFreePay and its licensors. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us through or regarding the Site or Services shall be considered an uncompensated contribution of intellectual property to CheckFreePay, shall also be deemed our exclusive intellectual property, and shall not be subject to any obligation of confidentiality on our part. By submitting any such materials to CheckFreePay, you automatically grant (or warrant that the owner of such materials has expressly granted) to CheckFreePay a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called "moral rights" in those materials have been waived, and you warrant that you have the right to make these warranties and transfers of rights.

Acceptable Use You agree that you are independently responsible for complying with all applicable laws in all of your activities related to your use of the Site and the Services, regardless of the purpose of the use, and for all communications you send through the Site or Services. You will hold CheckFreePay harmless for all such communications and other activities, and you will indemnify CheckFreePay and its Affiliates and vendors and their employees and contractors for any liability, damages and claims arising out of or resulting from your activities. CheckFreePay has the right but not the obligation to monitor and remove communications content that it finds in its sole discretion to be objectionable in any way. In addition, you are prohibited from using the Site or the Services for communications or activities that: (a) violate any law, statute, ordinance or regulation; (b) promote hate, violence, racial intolerance, or the financial exploitation of a crime; (c) defame, abuse, harass or threaten others; (d) include any language or images that are bigoted, hateful, racially offensive, vulgar, obscene, indecent or discourteous; (e) infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (f) impose an unreasonable or disproportionately large load on our infrastructure; (g) facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) constitute use of any robot, spider, other automatic device, or manual process to monitor or copy the Site or Services without our prior written permission; (i) constitute use of any device, software or routine to bypass technology protecting the Site or Services, or interfere or attempt to interfere, with the Site or the Services; or (j) may cause CheckFreePay to lose any of the services from our internet service providers, payment processors, or other Vendors. We encourage you to provide notice to CheckFreePay by the methods described in section A.7 above of any violations of this section or the Terms of Use generally.

Links and Frames Links to other sites may be provided on the Site for your convenience. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any of the Service web pages. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to the Site. For example, if you "click" on a banner advertisement or a search result, your "click" may take you off the Site. This may include links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Service may send cookies to users that we do not control. You may link to the home page of our Site. However, you may not link to other pages of our Site without our express written permission. You also may not "frame" material on our Site without our express written permission. We reserve the right to disable links from any third party sites to the Site.

Password and Security If you are issued or create any password or other credentials to access the Site or the Services, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Services without your consent, you must notify CheckFreePay at once by one of the methods described in section 7 above.

Remedies for Breach If we have reason to believe that you have engaged in any of the prohibited activities described in this Agreement or have otherwise breached your obligations under this Agreement, we may terminate, suspend or limit your access to or use of the Site or the Services; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide our Services to you in the future; and/or take legal action against you. In addition, CheckFreePay, in its sole discretion, reserves the right to terminate this Agreement, access to the Site, and/or use of the Services for any reason and at any time.

Disputes In the event of a dispute regarding the Services, you and we agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and us, which supersedes any proposal or prior agreement, oral or written, and any other communications between you and us relating to the subject matter of this Agreement. If there is a conflict between the terms of this Agreement and something stated by an employee or contractor of ours (including but not limited to its customer care personnel), the terms of this Agreement will prevail.

Waiver of Jury Trial Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective Affiliates arising under or relating to this Agreement.

Waiver of Class Action Claims Both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to this Agreement as a class action.

Arbitration Both parties agree to resolve any dispute or claim between the parties or any of their respective Affiliates or any other intended beneficiary arising under or relating to this Agreement through binding arbitration. Both parties stipulate and agree that this Agreement evidences a transaction in interstate commerce, and that the Federal Arbitration Act applies. The arbitration award shall be final and binding and judgment thereon may be entered by any court of competent jurisdiction. The only exceptions to this arbitration agreement are as follows:

Arbitration Procedure You or we may commence arbitration, at the claiming party’s election, administered either by JAMS (formerly known as “Judicial Arbitration and Mediation Services”), or the American Arbitration Association (“AAA”). The arbitration shall take place before a single arbitrator, selected pursuant to the selection procedures in the applicable commercial or consumer arbitration rules of the administrator (JAMS or AAA). The JAMS or AAA rules shall apply subject only to the following exceptions and modifications:

Arbitrability Issues to Be Decided By Arbitrator The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Agreement including, but not limited to any claim that all or any part of this Agreement is void or voidable.

Law and Forum for Disputes This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions. To the extent that the terms of this Agreement conflict with applicable state or federal law, such state or federal law shall replace such conflicting terms only to the extent required by law. Unless expressly stated otherwise, all other terms of this Agreement shall remain in full force and effect. You agree that any claim or dispute you may have against us (other than those which are arbitrated under Sections D.13, D.14 and D.15 above) must be resolved by a court located in Gwinnett County, Georgia or by an arbitrator selected by mutual agreement of the parties. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

Indemnification You agree to defend, indemnify and hold CheckFreePay, its Affiliates, vendors and their employees and contractors harmless from any loss, damage, claim or demand (including attorneys fees) made or incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the Site or the Services.

Release If you have a dispute with one or more other users of the Site or the Services, you release CheckFreePay (and its Affiliates, vendors and their employees and contractors) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.

No Waiver CheckFreePay shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of CheckFreePay. No delay or omission on the part of CheckFreePay in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

Exclusions of Warranties THE SITE AND SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, CHECKFREEPAY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICES, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF CHECKFREEPAY AND ITS AFFILIATES, VENDORS AND THEIR EMPLOYEES AND CONTRACTORS FOR THE SITE AND THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICES MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND CHECKFREEPAY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION OR FAILURE IN THE PROVISION OF THE SERVICES, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS OR OTHER REASONS. IN NO EVENT SHALL CHECKFREEPAY OR ITS AFFILIATES, VENDORS OR THEIR EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICES CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN NO EVENT SHALL CHECKFREEPAY OR ITS AFFILIATES, VENDORS OR THEIR EMPLOYEES OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SITE OR THE SERVICES, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. CHECKFREEPAY’S AGGREGATE LIABILITY TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Complete Agreement, Severability, Captions, and Survival This Agreement sets forth the entire understanding between you and CheckFreePay with respect to the Site and the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Sections 6-8, 10-11, and 15-24 as well as any other terms which by their nature should survive, will survive the termination of this Agreement.

Mobile Phone Users Your phone service provider is not the provider of the ZashPay Services. Users of the ZashPay Services may receive SMS (short message service) messages relating to their payment such as invitations to register and other notices that you may request. In an invitation to register via SMS text message, CheckFreePay will send you a verification code which you will need to enter to direct your payment to your designated bank account. You will receive SMS messages related to your transactions from time to time. Data and messaging charges from your telecommunications provider may apply, and you are responsible for any such charges. In the event your enrolled mobile or cellular device is lost or stolen, you agree to update your enrollment information and make the appropriate changes to disable the use of such devices. You understand that there are risks associated with using a mobile device, and that in the event of theft or loss, your confidential information could be compromised. If you have questions about mobile service, you may send a text message with the word "HELP" to this number: 699274. To stop receiving text messages on your mobile phone, text "STOP" to this number: 699274.