This Agreement applies to your use of the EZSchoolPay payment service and any related products and services as described and offered through www.ezschoolpay.com (collectively the "Service"). This Agreement affects your rights and should be read carefully. This agreement was last modified on October 28, 2004.
This User Agreement ("Agreement") with the Accu-Scan Division of Superior School Supplies, Inc. ("Accu-Scan", “us”, "we", or “our”) applies to use of the Service. In this Agreement, "you" or "your" means any person or entity using or accessing the Service.
By using the Service, you agree to the terms and conditions of this Agreement and all documents incorporated in this Agreement by reference. If you do not agree to be bound by these terms and conditions, please do not use or access our services.
1. USE OF SERVICE
(A) Use of the Service is granted to legally authorized parents and guardians of students, account holders, and their designees ("Authorized Users") to access information and make payments to the school accounts of such students using this Service, but the Services are not available to minors (under 18), persons who are suspended from our Service, or persons who present an unacceptable level of credit risk.
(B) Authorized Users may use the Service to view account information and make payments as allowed by this Agreement.
(C) By using the Services, Authorized Users authorize Accu-Scan, their designees, and the student's school to share information in connection with operation of the Service. You warrant that information provided by you does not violate the rights of any third party or any agreement or obligation you have.
(D) Your use and access of the web site (including submission of information and use of the Services) shall not: (i) be false, inaccurate or misleading; (ii) be fraudulent; (iii) violate the terms of your agreement with your credit card company (including, without limitation, providing yourself a cash advance or helping others to do so), (iv) violate any law, statute, ordinance, contract or regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, antidiscrimination, or false advertising); (v) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (vi) be obscene or contain child pornography; (vii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or other personal information; or (viii) create liability for us or cause us to lose (in whole or in part) the services of our ISP’s or other suppliers. You agree that you will not use any device, software, or routine to bypass any security feature, or to interfere or attempt to interfere with the proper working of our website, the Services, or any activity conducted on our website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. If you use, or attempt to use the Service for purposes other than as allowed in this Agreement, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Service, your account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
2. PAYMENTS TO SCHOOLS
(A) You may make payments by using a credit card accepted by us. The student's school receives the proceeds of all payments less any service fees associated with the transaction. Use of payments at your student's school is governed exclusively by your agreement or arrangement with the school, and we are not responsible for the school's handling of Payments after the school receives the funds or goods or services offered by the school. You agree that you will comply with your agreement with the school.
(B) Payments will be processed promptly for your student's use. However, a number of factors, several of which are outside of our control, will contribute to when the school receives the funds. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system, the U.S. mail service, the Internet or other means of electronic communications outside of our direct control. If you have any questions regarding Payments, please contact us.
(C) You agree to pay for the Services in accordance with the agreement between you and your credit card company and this Agreement. You agree that we are only a provider of the Services, and we are not a bank or financial institution. We are not a trustee, escrow agent, or fiduciary, and we do not owe you any duty other than to perform the Services according to the terms and conditions of this Agreement. If we hold any of your funds, we will not owe you any interest or income therefrom, which we may retain for our benefit.
3. FEES AND CHARGES
(A) EZSchoolPay is a service that is provided by Accu-Scan and its affiliates. Other than the receipt of payments made by you (less applicable fees charged by us) neither the school district, the school, the school nutrition department, nor any individuals employed by the school district profit from this Service.
(B) You may be required to pay a fee for your use of this Service. If you are required to pay a fee, you will be notified prior to finalizing your payment. You will be notified of the exact amount of the fee prior to making your payment, and you will be allowed to cancel your transaction at no charge.
4. REFUNDS
The Services only involve transferring payments to the school’s account for the benefit of the student, and once payment has been made from us to the school there are no refunds. If you or the student are not satisfied with any good or service purchased with a Payment, you agree to resolve the issue with the student's school and to hold us and our designees, employees, agents, and affiliates harmless for all claims, costs, damages and expenses arising out of or related thereto. The methods for refunds are determined solely by the school and/or school district, and you agree to not seek refunds from EZSchoolPay or Accu-Scan. If you would like a refund of any Payment amount that has not been used by your child to purchase goods or services, you must contact the student's school directly.
5. REQUIREMENTS
The EZSchoolPay Service may be accessed via the Internet. You are solely responsible for the equipment, software (including, without limitation Microsoft Internet Explorer 5.5 or later), and communication services to access the Internet.
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6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
(A) OUR WEB SITE, ANY INFORMATION PROVIDED THEREIN, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCU-SCAN MAKES NO WARRANTY AND DISCLAIMS LIABILITY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR FREE FROM VIRUSES OR OTHER DEFECTS OR HARMFUL COMPONENTS, NOR DOES ACCU-SCAN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE. ACCU-SCAN MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(B) EXCEPT AS SPECIFIED HEREIN, WE WILL MAKE REASONABLE EFFORTS TO INSURE THAT YOUR REQUESTS FOR ELECTRONIC DEBITS AND CREDITS ARE PROCESSED IN A TIMELY MANNER. OTHER THAN FOR FOREGOING SENTENCE, NEITHER ACCU-SCAN, ITS DESIGNEES, EMPLOYEES, AGENTS, OR AFFILIATES WILL BE LIABLE FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES OR INJURY RESULTING FROM ANY FAILURE OF PERFORMANCE OF THE FACILITIES, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, UNTIMELINESS OR UNAUTHENTICITY OF ANY INFORMATION, DELAY OR INTERRUPTION IN OPERATION OR TRANSMISSION, INTERCEPTION OF TRAFFIC SENT OR RECEIVED, COMMUNICATION LINE FAILURE, SECURITY BREACH, EAVESDROPPING, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, OR THE USE OF THE FACILITIES.
(C) IN NO EVENT WILL ACCU-SCAN, ITS DESIGNEES, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY PUNITIVE DAMAGES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR SIMILAR DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FACILITIES. IN ALL CASES ACCU-SCAN’S MAXIMUM LIABILITY SHALL NOT EXCEED THE LESSER OF YOUR ACTUAL, DIRECT DAMAGES RESULTING FROM ACCU-SCAN’S BREACH OR THE AMOUNT PAID TO ACCU-SCAN RELATED TO THE BREACH.
(D) THE LAWS OF SOME STATES PROHIBIT THE DISCALIMER OF CERTAIN WARRANTIES AND/OR THE LIMITATION OF CERTAIN REMEDIES. TO THE EXTENT REQUIRED BY APPLICABLE LAW, SOME OR PART OF PARAGRAPH 6 MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE-TO-STATE.
7. PRIVACY
EZSchoolPay may collect information about you and your use of the Service. Use and disclosure of such information is governed by the Privacy Statement, as the same may change from time to time, which is posted on and can be printed from the EZSchoolPay website. By using the EZSchoolPay Service, you agree to the terms of our Privacy Statement and the use and disclosure of your information as outlined therein, and our Privacy Statement is incorporated into this agreement.
8. TERMINATION
You may terminate this Agreement at any time by providing written notice to us. Your termination will not affect pending or prior transactions. Accu-Scan may immediately terminate this Agreement without notice, including, but not limited to, if you engage in any conduct which we, in our sole discretion, consider to be unacceptable, or if you breach this Agreement. Sections 6, 7, 8, 10 and 11(C) will survive termination of this Agreement.
In addition to such other remedies as we may otherwise have, if you breach this Agreement, we have the right to withhold your funds to offset our damages or to ensure the integrity of the funds.
9. TRADEMARKS
EZSchoolPay, the EZSchoolPay logo, and all related logos, products and services described in the Website are trademarks or registered trademarks of Accu-Scan.
The EZSchoolPay website is the property of Accu-Scan and may contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. The content, and the selection, coordination, arrangement and enhancement of such content, are the property of their respective owner. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content in whole or in part.
10. INDEMNIFICATION
You agree to defend, indemnify and hold Accu-Scan and their affiliates, and any respective officers, employees, agents and contractors, harmless from and against all claims, expenses and damages, including reasonable attorneys' fees, arising out of or resulting, directly or indirectly, from any act or omission by you or the student with respect to the Service, a Payment or the student's school.
11. MISCELLANEOUS TERMS
(A) Entire Agreement. This Agreement, other agreements, policies and any operating rules posted on the Website constitute the entire agreement between you and us with respect to your use of the Service, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
(B) Change in Terms. Accu-Scan reserves the right at any time to change, add to or delete any aspect or feature of the Service and the terms and conditions of this Agreement, including, but not limited to, with respect to fees for use, which change will be effective after being posted on the Accu-Scan website. We will provide notice of any such changes by posting notice to the website or as otherwise required by law. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such changes.
(C) Applicable Laws. This Agreement is governed by the laws of the State of Kansas without regard to its conflict of laws provisions, as such laws are applied to agreements entered into and to be performed entirely within Kansas by Kansas residents, but no Kansas law applicable to consumers shall apply to this Agreement unless such laws are expressly applicable to you absent this Agreement. Any suit or other legal proceeding arising out of or related to this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Wichita, Kansas.
(D) Waiver. Any waiver of our rights must be in writing and signed by a duly authorized officer of Accu-Scan. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
(E) Assignment. You may not transfer any rights or obligations under this Agreement without prior, written consent at our sole discretion. We reserve the right to transfer this Agreement or any right or obligation hereunder without your consent.
(F) Communications. You agree that this Agreement constitutes “a writing signed by You” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement, and any other agreements, notices or other communications regarding your use of the Service (“Communication”) may be provided to you electronically and you agree to receive Communications from us in electronic form. Electronic Communications may be posted on the pages within our website and/or delivered to your e-mail address, whether or not actually received by you. You may print a copy of any Communications and retain it for your records.
(G) Notices. Except as provided above, notices required or allowed under this Agreement shall be given in writing and sent (a) from you to us by postal mail to: 1818 W. Second St., Wichita, KS 67203; and (b) from us to you by e-mail address you provided us or by a postal mail address you provided to us, at our option. Electronic notices shall be deemed received 24 hours after being sent unless a party is aware that it was not received. Postal notices shall be deemed received 3 days after mailing to the address(es) stated above, postage prepaid.
This Privacy Statement (“Statement”) with the Accu-Scan Division of Superior School Supplies, Inc. (“Accu-Scan”, “us”, “we”, or “our”) applies to use of the EZSchoolPay service and our website. In this statement, “you” or “your” means any person or entity using or accessing our service or our website (which may include such person’s guardian, agent, or other legal representative acting in their representative capacity). Children (under age 18) are not eligible to use our services, and we ask that children not submit personal information to us or use our services.
The privacy of the consumers who use this site is of utmost importance to us. We respect your privacy and have instituted and enforce policies to ensure that your personal information is handled safely and responsibly. Personal information means any information that uniquely identifies you as an individual such as name, address, phone number, or email address and any financial information such as credit card and bank account numbers.
When you visit our site, we automatically capture your browser type, browser version and Internet provider as well as the paths that you take as you move from page to page. None of this information is retained in such a way as to identify you as an individual. This is for internal statistical reporting only and may be used to improve the content and layout of our website.
Personal information that you provide voluntarily is collected in order to complete your payment transaction. This may include information such as your name, address, phone number, email address and data associated with your payment method (credit card or bank account information). We also capture the Internet Protocol (IP) address used to connect your computer to the Internet. This is retained and used only in the event that there are issues relating to the origin of a payment transaction. Additionally, we may ask you to send us additional information (for example, additional forms of identification) by a variety of methods (for example, by e-mail, through our website, by phone, or fax) so that we can verify information you have provided to us, prevent fraud, or otherwise protect the integrity of our services. We may also collect and retain correspondence (including e-mail, letters, and faxes) you send to us and we send to you.
Your personal information is not sold or shared with anyone for any purpose other than to process and achieve successful completion of your payment transaction, verify and account for such transactions, provide customer service (including improving our products and services), enforce our agreements with you, and resolve disputes concerning transactions. Identifiable information is shared only with those parties entrusted with the processing of your payment, which include our credit card processors, your credit card company and/or bank, and your student’s school. Additionally, we may provide identifiable information to third parties so we may verify your information, enforce our agreements, prevent fraud, or otherwise protect the integrity of our services. Please note that this Statement does not apply to information we are required to disclose by law (including civil subpoenas), that we in good faith believe is appropriate to cooperate with investigations of fraud or other illegal activities, or in cooperation with law enforcement and other governmental agencies.
As with other businesses, it is possible that we or the division through which we provide our services could merge with or be acquired by another company. In that case, the successor company would have full access to all information maintained by us, including your personally identifiable information, but would be bound by this Statement unless and until it is amended as described below.
We may fully use and disclose aggregated data (data not tied to personally identifiable information).
Other than automatically captured data as noted above, the entry of your personal information is strictly voluntary. However, certain information is required if you choose to complete a payment using this site or our services, and you cannot use our services without providing required information.
We are committed to protecting the personal information that we collect. Secure Sockets Layer (SSL) protocol, an industry standard for transmitting data securely over the Internet, is used to encrypt the information before it is transmitted to us. Once we receive the information, your data is protected through a combination of strictly enforced procedures and a secured computer network designed in accordance with best practice guidelines. Multiple firewalls, multiple layers of data encryption and an Intrusion Detection System are all used to protect your data.
We restrict our employees' access to nonpublic personal information about you to those individuals who need to know that information to provide products or services to you. We maintain physical, electronic, and procedural safeguards to guard your nonpublic personal information.
This Statement may be changed, modified or amended at any time. However, such changes will not include the selling of personally identifiable information collected prior to the change or provision of personally identifiable information collected prior to the change to a third party, except as specified herein, as required by law, or with your written consent. Updates will be posted to this site. You are responsible for revisiting the page to review any updates.
Our site may have links to third party websites. These sites are governed by their own privacy policies (if any), and we are not responsible for their operations, including their information practices.
If you cease to be our customer, such as when you no longer use the Service, our information practices in this Statement, as amended from time to time, will continue to apply.
If you have any concerns or questions regarding this Privacy Statement, you may contact us at sales@accu-scan.com or 800-462-1221.If you require technical support instead, please contact your child's school using the School Search page.