Last Updated: July 20, 2017
ARBITRATION NOTICE: THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE BELOW IN SECTION 15. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND ABLEPAY HEALTH, LLC AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ABLEPAY HEALTH, LLC WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Payment Options/Fees. Other than Failed Transaction Fees (as set forth herein), there are no fees charged for using the Service, provided, however, that AblePay may elect to begin charging additional fees at any time. The payment options and corresponding discounts off Billed Amounts are as follows:
Payment Terms Total Amount Owed
1 Payment 10% Discount off Billed Amount paid by Credit/Debit Card; OR 13% Discount off Billed Amount paid by ACH
(i.e. 3 monthly payments) 7% Discount off Billed Amount paid by Credit/Debit Card; OR 10% Discount off Billed Amount paid by ACH
(i.e. 6 monthly payments) 5% Discount off Billed Amount paid by Credit/Debit Card; OR 8% Discount off Billed Amount paid by ACH
(i.e. 12 monthly payments) 0% Discount off Billed Amount paid by Credit/Debit Card or ACH
Notwithstanding any provision to the contrary herein, if any payment made by you or on your behalf in connection with the Service fails or is returned for any reason, including, without limitation, insufficient funds, you agree and acknowledge that you will be charged a “Failed Transaction Fee” of $35.
User Account. In order to use the Service, you must have a valid account (an “Account”). To acquire an Account for the Service, you must provide AblePay with an electronic mail address and other information (“Registration Data”). You are responsible for maintaining the confidentiality of the access data for your Account, and are fully responsible for all activities that occur under your Account. You agree to: (i) immediately notify AblePay of any unauthorized use of your Account or any other breach of security; and (ii) ensure that you exit from your Account at the end of each session. AblePay cannot and will not be liable for any loss or damage arising from your failure to comply with this section. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. AblePay assumes no duty to verify such information as further detailed below. If you provide any information that is untrue, inaccurate, not current or incomplete, or AblePay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AblePay has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You hereby authorize AblePay, either directly or through third parties, to make any inquiries AblePay considers necessary to validate your Account Registration Data. By using the Service (and registering an Account on the Service), you represent and warrant that are at least 18 years of age. No one under the age of 18 may use the Service; provided, that Billed Amounts of minors may be paid through the Service by a parent or legal guardian of such minor(s) if such minor(s) are added to such parent or legal guardian’s Account. AblePay may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. AblePay has no liability to you or any third-party for any loss or damage arising from your failure to comply with your obligations specified herein. You agree that AblePay may store and use the registration information you provide to maintain and bill applicable fees to your Account. You agree that any email address provided to AblePay in connection with your use of the Service is the email address to which AblePay will direct all communications relating to such use of AblePay’s Service will be directed, and you will be responsible to respond to such communications. If you think there is problem or error related to any of the Service or with your Account, you should IMMEDIATELY contact AblePay at www.ablepayhealth.com. AblePay must hear from you within sixty (60) days following the FIRST notification in which the potential problem or error appeared. AblePay will investigate any error within forty-five (45) days and tell you the results within three (3) days after completing AblePay’s investigation.
ACH/EFT. AblePay allows you to use electronic funds transfers (“EFT”) such as using your bank account for electronic check (eCheck) payments. This payment method is also called ACH debit, as it uses the Automated Clearing-House network. All EFT and ACH transactions are subject to AblePay’s error resolution notices, which can be linked to directly from AblePay’s homepage. Your completion of an eCheck payment constitutes your authorization to transfer the sum specified by you from your bank account to AblePay. After authorizing an ACH debit or AutoPay, you will not be able to cancel the electronic transfer. Completion of any payment via the Service is contingent on both authorization by the card company or the paying bank and acceptance by AblePay. If a payment is rejected or declined, you may be subject to penalties, late fees, insufficient funds (“NSF”) fees, and/or interest charges as assessed by us (see Failed Transaction Fee above) or as assessed by your banking or card institution. All payments made through the Service are final (unless rejected by the Providers), and you may not request or eek any refund or chargeback or otherwise cancel or reverse such a payment once authorized. You and not AblePay are responsible for ensuring that timely payments of all amounts are made. further, you and not AblePay are responsible to ensure that the amount of any payment you make using the Service is correct.
Prohibited Uses. You are prohibited from violating or attempting to violate any security features of the Service, including, without limitation: (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Service or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (iv) using the Service to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by AblePay in providing the Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Proprietary Rights. As between you and AblePay, AblePay is the owner and/or authorized user of: (i) the materials or information provided by AblePay on and through the Service (collectively, the “AblePay Content”); (ii) the software, algorithms and code made available by AblePay through, or used by or for AblePay in connection with, the Service (collectively, the “Software”); (iii) the design, appearance, structure, selection, coordination, expression, look and feel, and arrangement of the Service, Software and AblePay Content; and (iv) the domain names, trademarks, service marks, logos and other brand features found on, or in, the Service, Software or AblePay Content. You agree not to display or use the Service, Software or AblePay Content in any manner without AblePay’s prior written permission. Nothing on the Service should be construed to grant any license or right to use any of the Service, Software or AblePay Content without the prior written consent of AblePay. Except as otherwise provided herein, use of the Service does not grant you a license to the Service, Software or AblePay Content or features you may access on the Service and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such the Service, Software or AblePay Content, features or materials, in whole or in part. Any commercial use of the Service is strictly prohibited, except as allowed herein or otherwise approved by us. You may not download or save a copy of any of the Service, Software or AblePay Content or screens for any purpose except as otherwise provided by AblePay. If you make use of the Service, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Service, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
Customer Service. AblePay provides assistance and guidance through its customer care representatives. When communicating with AblePay’s customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and AblePay’s customer care representatives may be recorded for quality assurance purposes. If AblePay feels that your behavior towards any of AblePay’s customer care representatives or other employees is at any time threatening or offensive, AblePay reserves the right to immediately terminate your account and you will not be entitled to any refund of unused subscription fees.
Modifications to the Service. AblePay reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that AblePay shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, AblePay reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
Copyright Complaints. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide AblePay’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. §512 (“DMCA”). Please be advised that to be effective, the notice must include ALL of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or as a matter of law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement and counter-notices should be delivered via email to DMCA@ablepayhealth.com or by mail addressed to AblePay Health, LLC, P.O Box 1278, Bethlehem, PA 18016-1278. In accordance with the DMCA, it is our policy to terminate use of our Service by repeat infringers in appropriate circumstances.
No Medical Services or Advice. Nothing contained, expressed or implied in the Service is intended as nor shall be construed as medical advice. No doctor-patient relationship is established between AblePay and you by reason of your use of this Service or under any circumstances whatsoever. Individual inquiries about medical issues, or sensitive or confidential matters should be addressed to appropriate health care professionals.
Disclaimers and Limitations of Liability.
- AblePay publishes information on its Service as a convenience to its visitors. While AblePay attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. AblePay reserve the right to make corrections and changes to the Service at any time without notice. The products and services described through the Service may not be available in your region. AblePay does not claim that the information through the Service is appropriate to your jurisdiction or that the products and services described on the Service will be available for purchase in all jurisdictions.
- You assume all responsibility and risk with respect to your use of the Service, which is provided “AS IS.” AblePay DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON AND THROUGH THE SERVICE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR ITNESS FOR A PARTICULAR PURPOSE. AblePay DOES NOT WARRANT THAT THE SERVICE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. AblePay MAKES NO WARRANTY THAT THE SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO ALL USERS AND MAY BE LIMITED BY APPLICABLE LAW, AND CERTAIN USERS MAY HAVE ADDITIONAL RIGHTS NOT EXPRESSED HEREIN.
- AblePay makes no warranties of any kind regarding any websites not controlled by AblePay to which you may be directed or hyperlinked from the Service. Hyperlinks are included solely for your convenience, and AblePay makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such websites not controlled by AblePay. AblePay does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third-parties on the Service.
- IN NO EVENT SHALL AblePay, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE Members, Managers, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (collectively, “Ablepay parties”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF AblePay OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity. 1. You agree to indemnify and hold all AblePay Parties harmless from any and all claims, liabilities, damages, costs and expenses, including actual outside attorneys’ fees and court costs, in any way arising from, related to or in connection with your use of the Service or your violation of these Terms of Service. You further agree to reimburse each AblePay Party, within thirty (30) days of each demand for reimbursement, for any and all costs, liabilities, expenses, fees, fines, professional fees and other amounts paid or incurred by such AblePay Party in connection with the foregoing indemnity.
Governing Law and Disputes. THE PARTIES AGREE THAT THESE TERMS OF SERVICE, ANY SALES THEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND AblePay arising from or relating to these Terms of Service, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms of Service, AblePay’s advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO CONFLICTS OF LAW.
Dispute Resolution and Binding Arbitration. YOU AND AblePay ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND the ablepay parties arising from or relating in any way to your use of the Service, these Terms of Service, its interpretation or the breach, termination or validity thereof, the relationships that result from these Terms of Service (including relationships with third parties who are not signatories to these Terms of Service), AblePay’s advertising or any related purchase, if any, SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or these Terms of Service is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. The arbitration will be limited solely to your individual dispute or controversy. You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR AblePay SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS OF THE SERVICE, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be class arbitration). The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. The arbitration shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Payment for all filing, administration and arbitrator fees will be governed by the rules of the applicable arbitration administrator, provided, that AblePay will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. If you prevail on any claim that affords the prevailing party statutory attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: (i) American Arbitration Association: (800) 778-7879, www.adr.org; and (ii) JAMS: (800) 352-5267, www.jamsadr.com. If for any reason a claim proceeds in court rather than in arbitration each of you and AblePay waive any right to a jury trial. Moreover, each of you and AblePay both agree that either party may bring suit in court to enjoin infringement or misuse of intellectual property rights. You may opt out of this arbitration agreement. If you do so, neither you nor AblePay can force the other to arbitrate. To opt out, you must notify AblePay in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your AblePay account username and the email address you used to set up your AblePay account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must either mail your opt-out notice to this address: AblePay, LLC, ATTN: Arbitration Opt-out, P.O. Box 1278, Bethlehem, PA 18016-1278 or email the opt-out notice to firstname.lastname@example.org. Notwithstanding the foregoing, you agree and acknowledge that AblePay may bring a proceeding against you in small claims court for any claim that may be properly brought therein.