ADMISSION OF DEBT, RELEASE AND PAYMENT AGREEMENT
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CLICKING ON THE "I ACCEPT"
CHECKBOX.
This Admission of Debt, Release and Payment Agreement (the "Agreement") is a
document with legal significance between you, either an individual or a single legal
entity ("You"), and Norfolk Financial Corp. ("Norfolk"). Buy paying all or a portion
of your account with Norfolk Financial Corp. by the internet, You agree as follows:
1. SITE AS A CONVENIENCE. The gomoney123.com web site has been
established by Norfolk voluntarily and merely as convenience to its account holders
in order to facilitate payment. Norfolk is not obligated, in any way, to continue
to provide such a payment option and has no duty to You to maintain the site.
2. RESTRICTIONS ON USE. You may not (a) copy, translate, modify,
create derivative works of, or otherwise use the information contained on the site
or any parts thereof, (b) distribute, sell, assign, pledge, sublicense, lease, loan,
use for service bureau purposes, rent, or otherwise transfer the any information
contained on the site or any parts thereof in any form to another person, (c) remove
from the site, or alter, any of the trademarks, trade names, logos, patent or copyright
notices or other proprietary notices or markings, or add any other notices or markings
to the site, (d) use the site to tamper with, spoof, or attempt to obtain unauthorized
access to Norfolk's servers or databases; (e) use the site in violation of any applicable
laws in the jurisdictions in which you use the site; (f) attempt to, in conjunction
with any device, software program or service, circumvent technological measures
employed to control access to, or the rights in the site; or (g) permit any other
party to do any of the foregoing. Norfolk does not grant to You any express or implied
licenses or rights to any enabling technologies or systems that may be necessary
to use the site.
3. PAYMENTS. All payments are completely non-refundable. If you
elect to pay with a credit card, you authorize Norfolk to automatically bill the
charge card you provide, or withdraw funds via electronic transfer from your checking
account (depending on what type of charge card you are using). You further agree
to provide Norfolk with a valid credit card and accurate, complete and updated information
required to charge your credit card.
You are responsible and liable for any fees, including attorney and collection fees,
that Norfolk may incur in its efforts to collect any remaining balances from you.
You agree to notify Norfolk about any billing problems or discrepancies within 90
days after they first appear on your account statement. If you do not bring them
to Norfolk's attention within 90 days, you agree that you waive your right to dispute
such problems or discrepancies.
4. USER/ACCOUNT INFORMATION. You are responsible for maintaining
the confidentiality of your account information. You are responsible for all activities
that occur in your account and agree to notify Norfolk immediately of any unauthorized
account use. Norfolk is in no way responsible for any loss that you may incur as
a result of any unauthorized use of your user account.
In addition, during the use of the site, Norfolk may collect certain non-personally
identifiable information ("Other Data"). For example, the some web software may
regularly communicates information back to the Norfolk servers as part of the service.
In addition, for purposes of monitoring and improving the accuracy of the service,
Norfolk may chose to collect aggregate statistical information on its service. Norfolk
does not transmit or communicate any personally identifiable information as a result
of these processes. Norfolk shall be the sole owner of all Other Data collected
during your use of the web site.
5. NO WARRANTIES. THE SITE AND SERVICES ARE PROVIDED AND LICENSED
TO YOU "AS IS". YOU ASSUME THE ENTIRE RISK AS TO, AND ACKNOWLEDGE THAT YOU RELY
SOLELY AT YOUR OWN RISK ON, RESULTS AND PERFORMANCE ARISING OUT OF THE USE OF THE
SITE AND SERVICES. SHOULD THE SITE OR SERVICES PROVE TO HAVE DEFECTS IN ANY WAY,
YOU ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION ARISING IN CONNECTION
WITH SUCH DEFECTS AND ALSO ASSUME THE RISK OF ANY LOSS.
NORFOLK DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND VERACITY
OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION, AND NON-INFRINGEMENT OF THIRD PARTY
RIGHTS, AND ANY WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE
OR SERVICES. WITHOUT LIMITING THE FOREGOING, NORFOLK SPECIFICALLY DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES THAT THE SITE, SERVICES, NORFOLK’S EFFORTS, OR ANY
SYSTEM WITH WHICH YOU WILL USE THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS,
FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT THE OPERATION OF THE SITE
OR SERVICES OR WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME THE RESPONSIBILITY
FOR THE SELECTION OF YOUR REQUIREMENTS, SOFTWARE, AND HARDWARE TO ACHIEVE YOUR INTENDED
RESULTS. To the extent that a party may not as a matter of applicable law disclaim
any implied warranty in the scope and duration of such warranty shall be the minimum
permitted by law.
6. LIMITATION OF LIABILITY. NORFOLK SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY KIND (INCLUDING DAMAGES
FOR INTERRUPTION OF BUSINESS, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS,
OR THE LIKE) ARISING OUT OF YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES
(OR ANY INTELLECTUAL PROPERTY SUBSISTING THEREIN) REGARRDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY
OTHER LEGAL OR EQUITABLE THEORY, EVEN IF NORFOLK HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT WILL NORFOLK'S AGGREGATE CUMULATIVE LIABILITY FOR ANY
CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, TO YOU OR TO ANY THIRD PARTY,
EXCEED THE LESSER OF $10.00 OR THE AMOUNT OF ANY SINGLE PAYMENT MADE ON THE SITE.
THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. TO THE EXTENT THAT
A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW LIMIT ITS LIABILITY, THE SCOPE AND
DURATION OF SUCH LIABILITY SHALL BE THE MINIMUM PERMITTED BY LAW.
THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. THE WARRANTY DISCLAIMER AND LIMITATION
OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND
NORFOLK. NORFOLK WOULD NOT PROVIDE ACCESS TO THE SITE TO YOU ABSENT SUCH LIMITATIONS.
7. INDEMNIFICATION. You agree to release, indemnify and hold Norfolk,
its officers, directors, agents, representatives and attorneys, harmless from and
against any and all damages, liabilities, losses, costs and expenses arising from
or relating in any way, directly or indirectly, without limitation, to the use of
this site and for all claims related to your account or actions to collect the account,
including but not limited to any claims under 15 U.S.C. Section 1692 and M.G.L.
c.93A, from the beginning of time until the date of the end of the world.
8. ADMISSION. You admit that you are indebted to Norfolk, have
no valid defenses or offsetting claims, and you intend to pay all or a portion of
debt by means of the internet. Before paying or attempting to pay your debt, by
clicking "ACCEPT" at the end of this Agreement, or by making payments via this web
site You are indicating that You have read and understood, and that You assent to
be bound by, the terms of this Agreement. If You do not agree to the terms of the
Agreement, You should not click “ACCEPT” and should not make any payments via this
web site.
9. MISCELLANEOUS. Nothing contained herein will be construed to
create any agency, employment, partnership, principal-agent relationship, or other
form of joint enterprise between the parties. No waiver of the Agreement will be
valid unless signed by each party. The waiver of a breach of any term hereof will
in no way be construed as a waiver of any other term or breach hereof. The headings
in this Agreement do not affect its interpretation. You may not assign or transfer
any of your rights or obligations under this Agreement to a third party without
the prior written consent of Norfolk. Any attempted assignment or transfer in violation
of the foregoing will be void from the beginning. Norfolk may assign this Agreement
without consent to any third party. If any provision of this Agreement is held by
a court of competent jurisdiction to be unenforceable, the remaining provisions
of this Agreement will remain in full force and effect. Notices to Norfolk must
be sent to the following address, and will be deemed effective three (3) days after
certified mailing, return receipt requested: Norfolk Financial Corp., Post Office
Box 320579, Boston, MA 02132; notices to You may be sent to the e-mail address that
you furnished prior to downloading the Software, and will be deemed effective upon
arrival at your e-mail server. This Agreement is governed by the laws of the State
of Massachusetts without reference to conflict of laws principles that would require
the application of the laws of any other jurisdiction. The United Nations Convention
on Contracts for the International Sale of Goods is specifically disclaimed. All
disputes arising out of this Agreement will be subject to the exclusive jurisdiction
of the state and federal courts located in Suffolk County, Massachusetts, and the
parties irrevocably consent to the personal and exclusive jurisdiction and venue
of these courts. This Agreement is the final, complete, and exclusive agreement
between the parties relating to the subject matter hereof, and supersedes all prior
or contemporaneous understandings and agreements relating to such subject matter,
whether oral or written.
This web site is maintained by a debt collector. This is an attempt to collect
a debt; any information obtained will be used for that purpose.