Terms of Service - McJ QuickPay

The following Terms of Service Agreement (the “TOS”, “Terms”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with McNutt-Joyce Payment Processing, LLC (“McJ”, “company”, “we”, “us”), and our subsidiaries, affiliates, partners, and parent organizations in association with the use of the McJ QuickPay website, which includes https://mcjquickpay.com (the “Site”) and its Services, which shall be defined below.

Description of Services Offered

The Site hosts payment forms for individuals and businesses (“Payees”). Customers of Payees can make payments to Payees through these forms.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of McJ. At its discretion, McJ may offer additional website Services, or update, modify or revise any current content or Services, and this Agreement shall apply to any and all new, updated, modified, or revised Services unless otherwise stipulated. McJ does hereby reserve the right to cancel and cease offering any of the aforementioned Services. You, as the user, acknowledge, accept and agree that McJ shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the provided Services.

The user acknowledges and agrees that any payments made are to the Payee named on each payment form, and NOT to McJ. The user acknowledges that McJ is not a party to any transaction, contract, agreement, or any other dealing the user may have with Payee.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such McJ shall not assume any responsibility, obligation, or liability for the timeliness, missed delivery, deletion and/or any failure to store user content, payment records, communications or personalization settings.

Security and Privacy

McJ reserves the right to use security components that may log identifying information (e.g. IP address, time of access, and device fingerprints). You are hereby prohibited from making any attempt to override or circumvent any of the security components in use on our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether in whole or in part, is expressly prohibited.

We collect information in accordance with our Privacy Policy. Your use or access of the Services constitutes acceptance of the Privacy Policy.

McJ does not receive your complete payment information at any time. All credit card numbers, expiration dates, CVVs, and billing addresses are directly and securely transmitted from the User’s device to our payment partner, Stripe. Our payment partner controls 100% of the transmission, processing, storage, and removal of this data, and does so in compliance with the highest of industry standards.

Our payment partner has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1, the most stringent level of certification available. Any and all questions regarding the security and/or PCI compliance of McJ or its partners should be directed to the designated agent at the end of this agreement.

We rapidly investigate all security issues, and encourage responsible disclosure of any vulnerabilities in our Services. Please email [email protected] with a detailed summary of the issue you discovered, and include a valid email address in the From: and/or Reply-To: header so that we can reach you in case we need more information. McJ will not take legal or administrative action against white-hat security researchers who act in good faith and promptly disclose issues to McJ while respecting the privacy and security of its Users and Members to the fullest extent possible. While we appreciate the efforts of white-hat security researchers, we are not able to provide any monetary or non-monetary compensation for any disclosures.

Conduct

Unauthorized access to user data, or unauthorized use of credit card information, is strictly prohibited. McJ may pursue any and all available legal remedies, including criminal sanctions, against any user that violates the preceding, and will cooperate with any and all investigations by law enforcement, banks, Payees, and creditors regarding fraudulent transactions.

McJ herein reserves the right to access, preserve and/or disclose user information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

compliance with any legal process or contractual obligation;
enforcement of the TOS or Privacy Policy;
responding to any claim that therein contained content is in violation of the rights of any third party;
fraud prevention and investigation;
ensuring accurate accounting and/or recordkeeping for Payees;
responding to requests for customer service; or
protecting the rights, property or the personal safety of McJ, its users, partners, service providers, agents, or employees

McJ may provide an area for our Users to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:

your Contributions do not contain any type of confidential or proprietary information;
McJ shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
McJ shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
the contributor’s Contributions shall automatically become the sole property of McJ; and
McJ is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Termination

You agree that McJ may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
by way of requests from law enforcement or any other governmental agencies;
by obligation of our agreements or contracts with our partners and/or service providers, including but not limited to Payees;
the discontinuance, alteration and/or material modification to our Services, or any part thereof;
unexpected technical or security issues and/or problems;
extended periods of inactivity;
engagement by you in any fraudulent or illegal activities; and/or
the nonpayment of any charges associated with the Services

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and/or limitations of access shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your access to any of our Services.

Fee and Refund Policy

Payees may opt to charge you a nonrefundable convenience fee for electronic payments to cover their costs and the costs incurred by McJ, its partners, and its service providers. The convenience fee shall be approximately 2.9% + $0.30 per transaction. McJ and its Payees reserve the right to raise, lower, or remove this fee at any time. Any changes shall not be retroactive. By using the Services, you accept this fee and acknowledge that AT NO TIME SHALL ANY CONVENIENCE FEES BE REFUNDABLE IN ANY FORM BY McJ OR PAYEES.

As payments made via the services are made to Payees, and the funds associated with such payments—minus any nonrefundable convenience fees—are transmitted directly to Payees, McJ WILL NOT UNDER ANY CIRCUMSTANCE issue a refund for any payment unless explicitly directed to do so by the Payee to whom the payment was made. At no time shall McJ or Payees be responsible or offer refunds for: bank error, creditor error, late payments due to said errors, late payments due to user actions, late payments due to delay in processing outside of its control, delay or denial due to natural disasters, delay or denial due to government action, payment issues due to freeze or hold, or any other cause outside of the control of McJ and/or Payees.

Users seeking refunds for any payment, minus nonrefundable fees, should directly contact the Payee to whom payment was made. Any and all refunds are made at the sole discretion of Payees.

Limitations

You herein acknowledge that McJ may set up limits, guidelines, or regulations regarding the use of our Services, including but not limited to the maximum number of days that transaction details or any other content shall be retained by McJ, the maximum number of transactions that may be completed by any User, the maximum or minimum amount that may be paid per transaction, per day, or per User, and/or the maximum number of times and/or duration that any user may access our Services in a given period of time. Furthermore, McJ shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Our Services are available only to individuals and businesses within the United States and its territories. We reserve the right to further limit access to the Services by any person, group, or organization, or from any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of the Services are subject to change at any time without notice, at the sole discretion of McJ. We reserve the right to discontinue the Services at any time. Any offer for any product or service made on this site is void where prohibited by law.

Indemnity

All users herein agree to insure and hold McJ, our subsidiaries, parents, affiliates, agents, employees, officers, partners and/or licensors blameless and not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content, payment, nonpayment, fee, or record a user of the Services may generate, submit, post, modify, transmit or otherwise make available through our Services, the use of McJ Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any rights of another person or entity.

Modifications

McJ shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

Links

McJ may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and that we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that McJ shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or services made available on or through any such site or resource.

Proprietary Rights

You do hereby acknowledge and agree that McJ’s Services and any essential software or service that may be used in connection with our Services (“Software”) contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any content which may be contained in any advertisements or information presented by and through our Services or by advertisers or service providers (“Content”) is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by McJ or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, and/or create any plagiaristic works which are based on McJ Services (e.g. Content or Software), in whole or part.

McJ Services are powered by open-source software. For more information on packages used, licensing, compliance, or other issues, contact [email protected].

Payment Information

All payment information is handled by our payment processor, Stripe. We do not have control over any fees generated by our payment processor, including but not limited to any fees for Non-Sufficient Funds, chargebacks, or bank errors. At no time shall McJ or Payees be liable for any fees or surcharges generated by Stripe, nor for any fees or surcharges generated or assessed by the user’s card issuer.

Warranty Disclaimers

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

THE USE OF McJ SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. McJ AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
McJ AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS MAKE NO WARRANTIES THAT (i) McJ SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) McJ SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE McJ SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF McJ SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM McJ OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT IN NO EVENT SHALL McJ AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS BE LIABLE FOR LOST PROFITS OR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY BUSINESS, GOODWILL, USE OF THE SERVICES, DATA AND/OR OTHER TANGIBLE OR INTANGIBLE LOSSES, UNLESS AND TO THE EXTENT PROHIBITED BY LAW. OUR LIABILITY AND THAT OF OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND/OR LICENSORS IS LIMITED TO THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES, OR THE TOTAL AMOUNT PAID BY YOU THROUGH THE SERVICES. McJ AND OUR SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS, DEVELOPERS, PARTNERS AND LICENSORS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES INCLUDING THOSE NAMED ABOVE, RESULTING FROM THE FOLLOWING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THEIR OCCURRENCE:

THE USE OR INABILITY TO USE OUR SERVICE;
VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY OR THROUGH McJ’s SITE OR SERVICES;
GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN McJ’s SITE OR SERVICES OR IN THE INFORMATION OBTAINED OR TRANSMITTED THEREIN;
A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCESS TO THE SERVICES;
THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
YOUR NEED TO CHANGE PRACTICES, BEHAVIOR, OR OTHER PLANS, OR YOUR INABILITY TO CONDUCT BUSINESS OR PAY ANY CHARGES, AS A RESULT OF CHANGES TO THIS AGREEMENT OR McJ’s POLICIES;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICE;
STATEMENTS OR CONDUCT OF ANY PAYEE;
AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES OR PRODUCTS.

McJ will not be liable for any breach, security vulnerability, fraud, monetary loss, or any other action, inaction and/or incident caused or initiated by Stripe, its employees, agents, directors, service providers, or any person or organization affiliated or otherwise connected with Stripe or any of McJ’s other service providers, including negligence.

Trademark Information

You herein acknowledge, understand and agree that all of the McJ trademarks, copyright, trade name, service marks, and other McJ logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of McJ. You herein agree not to display and/or use in any manner the McJ logo or marks without the express written permission of McJ.

Entire Agreement

The failure of McJ to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against McJ.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determinations shall not affect the validity and enforceability of any other remaining provisions.

Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Alabama without regard to conflicts of law principles.

Disputes with McJ

You and McJ agree that any claim or dispute will be resolved in accordance with the provisions in this section. Please read it carefully. This section contains an agreement to arbitrate, and is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this section.

McJ wishes to learn of your concerns, and resolve disputes in a fair and reasonable manner as quickly as possible. You should directly contact McJ by calling (334) 539-5780 from 9am to 6pm, Central Time, or emailing [email protected], before taking further action.

Any controversy or claim arising out of or relating to this agreement and the Terms therein, the breach thereof, any use or misuse of the Services, or any other matter shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules or Commercial Arbitration Rules (as applicable). Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The place of arbitration shall be Lee County, Alabama. The arbitration shall be governed by the laws of the State of Alabama.

The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

YOU AND McJ BOTH AGREE THAT WE MAY BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND McJ AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR(S) MAY ONLY AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING IT, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF TO THAT PARTY’S OWN CLAIMS. ANY AWARD MAY NOT AFFECT OTHER USERS OF THE SERVICES.

Changes to These Terms

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Contact Information

Questions about the Terms of Service should be sent to us via email at [email protected] or via postal mail at:

McNutt-Joyce Payment Processing, LLC
1661 Shug Jordan Pkwy
Suite 501
Auburn, AL 36830