By
accessing or using this Service, you agree to be bound by the terms and
conditions below (the “Agreement”). If you do not accept these terms and
conditions, you may not use this Service and you should exit this website.
This Agreement forms a binding, enforceable contract
between you and Paragon Revenue Group (“us”, “we”, “our”) in connection with
the Service offered through this Site.
Paragon Revenue Group is a debt collector.
This is an attempt to collect a debt. Any information obtained will be used for
that purpose.
1.
Eligibility. This Site and this Service are offered only to
individual residents of the United States who are 18 years of age or older. If
you are younger than 18, you may not use this Service.
2.
Accuracy of
Information. You agree that all information you
provide to Paragon Revenue Group in connection with the Service is true,
correct and complete. You agree not to misrepresent your identity or authority
to view information or to schedule any payment using the Service.
3.
Types of Payments
and Payees. You may use the Service only to
authorize payments on account(s) placed with Paragon Revenue Group, a third
party debt collector. Payments you authorize will be made from a bank or
financial institution account, including by credit or debit card (the
"Transaction Account") that you designate. It is your
sole responsibility to establish and maintain the Transaction Account and to
pay any and all fees allowed by law that are associated with the Transaction
Account.
4.
Payment
Authorization By accessing and using this
Service, you authorize Paragon Revenue Group to (a) establish and maintain your
payment information; and (b) process your payments according to your
instructions.
We will use all reasonable and secure
efforts to apply all your payments in accordance with your instructions.
However, we shall incur no liability if we are unable to complete any payments
initiated by you [including, without limitation, because of the existence of
any one or more of the following circumstances: (i) your Transaction Account
contains insufficient funds to complete the transaction, (ii) the Service is
not working properly and you know or have been advised by us about the
malfunction before you execute the transaction, (iii) you have provided us with
incorrect payment account information, (iv) we have been provided incorrect
information by the individual or entity to whom you are making the payment, (v)
circumstances beyond our control such as, but not limited to, fire, flood, or
interference from an outside force; or (vi) the bank or financial institution maintaining the
Transaction Account refuses or is unable to honor a payment request from Paragon
Revenue Group]
Bank or Financial Institution
Limitations. There may be limits or restrictions
upon the number or frequency of payments that may be made from your Transaction
Account under applicable law or under the terms of your agreement with the bank
or financial institution maintaining the Transaction Account.
5.
Account. By accessing the Service, you acknowledge that you are
responsible for one or more accounts placed for collection with Paragon Revenue
Group by your creditor or creditors. If you have more than one account, you may
be required to expressly designate which account you are making a payment on.
You acknowledge and agree that the accounts listed within this Service may not
represent all your accounts with Paragon Revenue Group as accounts may be
closed or new accounts may be placed at various times.
6.
Timing. By using this Service, you are authorizing us to
charge the payment account you designate and to remit funds on your behalf. It
is your responsibility to initiate payments in a timely manner so that the
funds will arrive on or before the date they are due. It is also your duty to
notify us if a payment has not been applied in accordance with
your instructions.
7.
Electronic Funds
Transfers. You may authorize
one-time or recurring payments on one or more of your accounts. By using the
Service and selecting the “Submit Payment” button, you are authorizing Paragon
Revenue Group to complete an electronic funds transfer from the bank or
financial institution maintaining the Transaction Account. You may print a copy
of your authorization after your payment is submitted. You may request a copy
of your authorization by contacting Paragon Revenue Group at 800-868-1899.
8.
Restrictions
on Use
PaydIt
is a service for consumers to negotiate account(s) online without speaking with
a collection agent. Creditors place accounts with Paragon Revenue Group for
collection. Paragon Revenue Group offers this site for users to access their
account data and make online payments or interact with the data to negotiate an
agreement and terms of payment. Users access the Paragon Revenue Group Paydit website
through a personal computer or mobile device using a communications connection
(e.g., modem, telephone line, wireless, etc.). Paragon Revenue Group may, in
its sole discretion, discontinue or alter any aspect of this site, including,
but not limited to:
a)
Restricting the time of availability;
b)
Restricting the availability and/or scope of the Service for certain platforms
(i.e., computer types and operating systems);
c)
Restricting the amount of use permitted; and
d)
Restricting or terminating any user rights to use all or part of the Service,
at any time in Paragon Revenue Group's sole discretion and without prior notice
or liability. Paragon Revenue Group does not charge users to access the site or
use its functionality.
The Site
is owned and operated by Paragon Revenue Group and its affiliated companies and
contains material that is derived in whole or in part from material supplied
and owned by other related companies and sources. All material on this website
is protected by copyright, trademark, and other applicable laws. You may not
modify, copy, reproduce, republish, upload, post, transmit, publicly display,
prepare derivative works based on, or distribute in any way any material from
the Software, including but not limited to code and software
("Material").
9. User Rules and Guidelines
a)
Registration
Users
are invited to the Site by Paragon Revenue Group
Users might
be required to provide certain information to access their data and use the
functions of Paragon Revenue Group’s Paydit site. You agree to provide true,
accurate and complete information about yourself. If you provide any
information that is untrue or inaccurate, not current, or incomplete, or if Paragon
Revenue Group suspects that your information is untrue or inaccurate, not
current, or incomplete, Paragon Revenue Group may, in its sole discretion,
suspend or terminate future access to the Software. Any personal information
supplied hereunder will be subject to the terms of our privacy policy. All
users must be age 18 or older. Public webpages are currently provided for free.
Paragon Revenue Group reserves the right to change the nature of our free
public access pages at any time.
b)
Authentication data
You
access Paragon Revenue Group’s Paydit site by clicking a unique link via a text
message sent directly to you by Paragon Revenue Group, or by providing the last
four digits of your Social Security Number and a combination of other criteria
including, but not limited to: the phone number you were contacted at or the
creditor’s reference number they provided. You agree that you will immediately
notify Paragon Revenue Group of any unauthorized use of your data or account, or
any other breach of security and that you will log off of the software at the
end of each session to prevent fraud on your account by third parties.
c)
General
Paragon
Revenue Group may choose to send you e-mails regarding your accounts placed
with Paragon Revenue Group for collection. You may elect to not receive these
e-mails, and you may start or stop receiving such e-mails at any time by
sending an e-mail to an address that shall be designated for that purpose.
10. Rules for Use of the Site Conduct Required for Use
of the Service
It is a
condition of your use of the Paydit website that you do not:
a) Transmit
any information, software or other material that is fraudulent or violates or
infringes the rights of others, including material that violates privacy or
publicity rights, or infringes copyright, trademark or other proprietary
rights, without first obtaining permission from the owner or right holder,
including WAREZ (copyrighted material distributed without permission);
b) Transmit
any information, software or other material that contains a virus or other
harmful component;
c) Transmit
or in any way exploit any information, software or other material for
commercial purposes or that contains advertising, "junk mail,"
"spam," or "chain letters";
d)
Impersonate any person or entity or falsely state or otherwise misrepresent
your professional or other affiliation with any person or entity;
e)
Disguise a file type to thwart Paragon Revenue Group’s detection processes;
f) Transmit
any transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any local,
state, national or international law;
g)
Attempt to gain unauthorized access to other computer systems or networks
connected to the Paragon Revenue Group site or software;
h) Use
the site or software, including the information provided therein and all
related equipment, networks and network devices (specifically including
Internet access) for any unlawful purpose. Paragon Revenue Group, at its sole
and absolute discretion, shall determine whether any information transmitted or
received violates this provision. You may not use any Material in connection
with any site or other use that contains or is associated with information or
content prohibited by this section.
11. Content on the Site
Under no
circumstances will Paragon Revenue Group be liable in any way for any
Communication, including, but not limited to: liability for any errors or
omissions in any Communication, or for any loss or damage of any kind incurred
as a result of the use of any Communication posted, e-mailed, or otherwise
transmitted via the Service.
12. Disclaimer
of Warranties
PARAGON REVENUE GROUP HAS
PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES
("THIRD PARTY SITES") AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY
MATERIALS ON THE SERVICE. NEITHER PARAGON REVENUE GROUP, ITS PARENT OR
SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY
RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE
SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE
SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND, TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PARAGON REVENUE GROUP DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE
OF DEALING. PARAGON REVENUE GROUP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED
IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR
ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER
THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PARAGON
REVENUE GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE,
OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY,
COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions,
including the transmission or translation of information. You assume full
responsibility for implementing sufficient procedures and checks to satisfy
your requirements for the accuracy and suitability of the Site, including the
information, and for maintaining any means that you may require for the
reconstruction of lost data or subsequent manipulations or analyses of the
information provided hereunder. You acknowledge and agree that your use of the
Site, and any information sent or received in connection with same, may not be
secure and may be intercepted by unauthorized parties. YOU ASSUME
RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR
CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
13. Limitation of Liability
IN NO EVENT SHALL PARAGON
REVENUE GROUP, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED
THROUGH THE SERVICE, PARAGON REVENUE GROUP'S REMOVAL OR DELETION OF ANY
MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR
OTHERWISE, EVEN IF PARAGON REVENUE GROUP OR ANY OF ITS SUBSIDIARY COMPANIES,
AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS
WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION,
COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY
ACKNOWLEDGE AND AGREE THAT PARAGON REVENUE GROUP, ITS PARENT OR SUBSIDIARY
COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. 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. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
13. Indemnification
You agree to defend,
indemnify and hold harmless Paragon Revenue Group its affiliates and their
respective directors, officers, employees and agents from and against any and
all claims, actions, suits or proceedings, as well as any and all losses,
liabilities, damages, costs and expenses (including attorney’s fees) arising
out of or accruing from:
a) Any material posted or
otherwise provided by you that infringes any copyright, trademark, trade
secret, trade dress, patent or other intellectual property right of any person
or defames any person or violates their rights of publicity or privacy;
b) Any misrepresentation
made by you in connection with your use of the Service;
c) Any non-compliance by
you with the terms and conditions of this Agreement; and
d) Claims brought by
persons or entities other than the parties to this Agreement arising from or
related to your access and use of the Service, including the information
obtained through the Service.
14. Termination
Paragon
Revenue Group may, in its sole discretion, terminate your password, account (or
any part thereof) or use of the Site without prior notice and for any reason,
including, but not limited to:
a)
Concurrent access of the Site with identical user name and password;
b) Any
other access or use of the Site except as expressly provided in this Agreement;
c) Any
violation of the terms and conditions of this Agreement or the rules and regulations
relating to the use of, the software and/or data files contained in, or
accessed through, the Site; and
d)
Tampering with or alteration of any of the software and/or data files contained
in, or accessed through, the Site.
15. Modification
Paragon
Revenue Group reserves the right, in its sole discretion, to amend this
Agreement, and to modify, add or discontinue any aspect, content, or feature of
the Site. Such amendments, modifications, additions or deletions shall become
effective upon notice thereof, which may be provided to you by posting on the
Site, via e-mail or any other reasonable means. Continued use of the Site by
you shall constitute your binding acceptance of any such amendments,
modifications, additions or deletions.
16. Miscellaneous
This
Agreement shall be governed by and construed in accordance with the laws of the
State of North Carolina without giving effect to any principles of conflicts of
law. Although you acknowledge that we will have the ability to enforce our rights
in any court of competent jurisdiction, you hereby consent to the exclusive
jurisdiction and venue of courts in North Carolina, U.S.A., regarding any and
all disputes relating to this Agreement or your use of the Service. You
acknowledge and agree that the warranty disclaimers and liability and remedy
limitations in this Agreement are material terms of this Agreement and that
they have been taken into account in the decision by Paragon Revenue Group to
provide the Service hereunder. You may not assign any of your rights,
obligations or privileges hereunder without the prior, written consent of Paragon
Revenue Group Any assignment of the foregoing other then as provided for in
this section shall be null and void. If any provision of this agreement shall
be unlawful, void, or for any reason unenforceable, then that provision shall
be deemed severable from this Agreement, shall be enforced to the fullest
extent allowed by law as to effect the intention of the parties, and shall not
affect the validity and enforceability of any remaining provisions. This
Agreement and any posted operating rules constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral or written, between
the parties with respect to such subject matter. No waiver of any provision or
any right granted hereunder will be effective unless set forth in a written
instrument signed by the waiving party. No waiver by either party of any breach
or default hereunder shall be deemed a waiver of any subsequent breach or
default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes, any portion of the Service or access to the
Service. The titles and subtitles used in this Agreement are used for
convenience only and are not to be considered in construing or interpreting
this Agreement.