ABCoA User Agreement

Revised: May 8, 2015



This User Agreement (“User Agreement”) is a contract between you (“User”) and Advanced Business Computers of America, Inc. (“ABCoA”) and applies to your use of ABCoA’s eAutoPayment.com website and Services (as hereinafter defined). You must read, agree with and accept all of the terms and conditions contained in this User Agreement.



Electronic Communications Delivery Policy

This Electronic Communications Delivery Policy describes how ABCoA plans to communicate with you electronically, provides additional detail about the communications ABCoA provides you, and sets forth the requirements for the hardware and software you need in order to receive these communications.

Electronic Delivery of Communications

You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that ABCoA provides in connection with your Lender Account and your use of Service. Communications include, but are not limited to:

ABCoA will provide these Communications to you by posting them on the eAutoPayment.com website and/or by emailing them to you at the primary email address listed in your eAutoPayment.com website Account Profile if an email address has been provided. Communications are considered received by you within twenty-four (24) hours of the time they are emailed to you or posted on the eAutoPayment.com website. You further agree that your electronic signature has the same effect as your manual, physical signature.

Hardware and Software Requirements

In order to access and retain electronic Communications, you will need the following computer hardware and software:

ABCoA will notify you as provided above if there are any material changes to the hardware or software needed to receive electronic Communications from ABCoA. By giving your consent and agreeing to the terms of this User Agreement and other ABCoA Agreements, you are confirming that you have access to and have possession of the necessary equipment and are able to receive, open, and print or download a copy of any Communications for your records. You may print or save a copy of these Communications for your records as they may not be accessible online at a later date.

How to Withdraw Your Consent

You may withdraw your consent to receive Communications electronically by writing to ABCoA via e-mail at support@eautopayment.com or in writing at the following address:


Advanced Business Computers of America, Inc.

Attention: eAutoPayment.com Electronic Communications Delivery Policy

P.O. Box 54221, Jacksonville, FL 32245

If you fail to provide ABCoA with or if you withdraw your consent to receive Communications electronically, ABCoA reserves the right to deny your application for an Account Profile, restrict or deactivate your Account Profile, or close your Account Profile and any sub-account.

Updating Your Contact Information

It is your responsibility to keep your primary email address up to date so that ABCoA can communicate with you electronically. You understand and agree that if ABCoA sends you an electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, for any reason, ABCoA will be deemed to have provided the communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add ABCoA to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address at any time by accessing your Account Profile by logging into the eAutoPayment.com website. If your email address becomes invalid and the result is that electronic Communications sent to you by ABCoA are returned, ABCoA may deem your Account Profile to be inactive, and you will not be able to transact any further activity using your Account Profile until ABCoA is provided with a valid, working primary email address from you.

1. Our Relationship With You.

1.1 ABCoA is a Payment Service Provider.   ABCoA, via the eAutoPayment.com website, helps you make payments to third party Lenders and helps Lenders accept payments from you (“Service” or “Services”). ABCoA shall be, at all times, considered an independent contractor for all purposes, and is not your agent, representative or trustee. ABCoA does not have control of, nor does ABCoA accept any liability, whatsoever, for the products or Services that are paid for using the Service. ABCoA does not guarantee the identity of any User or make any warranty, whatsoever, that a User will complete a transaction. Lender is responsible for providing you with all billing and payment information on the eAutoPayment.com website relating to any amounts due and payable from you to Lender. ABCoA shall not be liable or responsible to you, the Lender or any other Person for any incorrect amounts that may be billed to you or paid by you to Lender by using the eAutoPayment.com website and you shall look solely to the Lender for any remedies in connection with any billing errors or for any incorrect payments made to the Lender from you through the eAutoPayment.com website.

1.2 Your Privacy.   Protecting your privacy is very important to ABCoA. Please review ABCoA’s   Privacy Policy   in order to better understand ABCoA’s commitment to maintaining your privacy, as well as our use and disclosure of your Information (as defined in ABCoA’s Privacy Policy ).

1.3 Intellectual Property. The following are either trademarks or registered trademarks of ABCoA or ABCoA's licensors: "eAutoPaymentPP.com", "eAutoPayment”, and all logos related to the Service. You may not copy, imitate or use them without ABCoA's prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ABCoA. You may not copy, imitate, or use them without ABCoA’s prior written consent. All right, title and interest in and to the eAutoPayment.com website, any content thereon, the Service, the technology related to the Service, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of ABCoA.

1.4 Assignment.   You may not transfer or assign any rights or obligations you have under this User Agreement without ABCoA's prior written consent. ABCoA reserves the right to transfer or assign this User Agreement or any right or obligation under this User Agreement at any time.

1.5 Password Security and Keeping Your Email and Address Current.   You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes that you use to access the Service. You are responsible for keeping your mailing address and email address up to date in your Account Profile.

1.6 Notices to You.   You agree that ABCoA may provide you Communications about your Lender Account and the Service electronically as described in our  Electronic Communications Delivery Policy . Any electronic Communications will be considered to be received by you within twenty-four (24) hours after the time we post it to the eAutoPayment.com website or email it to you. Any Communications sent to you by postal mail will be considered to be received by you three (3) Business Days after it is mailed. “Business Day” means Monday through Friday and excludes weekends and public holidays.

1.7 Notices to ABCoA.   Except as otherwise stated above in the Electronic Communications Delivery Policy , and below in Section 10 (Disputes with ABCoA), notice to ABCoA must be sent via e-mail to support@eautopayment.com or by U.S. Postal mail to: ABCoA, Attention: eAutoPayment Legal Department, Post Office Box 54221, Jacksonville, Florida 32245.

1.8 Lender Account Statement. You have the right to receive a Lender Account Statement, which includes your payment history and payoff amount. You may view and/or print your Lender Account Statement by logging into your Account Profile. Paper copies of your Lender Account Statement will not be sent to you by ABCoA. If you would like to receive paper copies of your Lender Account Statement, you must contact your Lender directly.

1.9 Calls to You; Mobile Telephone Numbers.   By providing ABCoA a telephone number (including a mobile telephone number), you agree to receive autodialed and prerecorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Lender Account opening, adding a telephone number to your Lender Account at a later time, providing it to your Lender, by contacting us from that phone number or by adding it to your Account Profile. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number. ABCoA will not share your phone number with non-affiliated third parties for their purposes without your consent, but may share your phone numbers with ABCoA’s affiliated Companies or with ABCoA’s service providers, such as billing or collections companies, who may contact you using autodialed or prerecorded message calls or text messages. Any calls you do receive from collection agencies shall be at the sole direction of your Lender only and ABCoA is not responsible for and shall not be liable to you for such collection calls. Standard telephone minute and text message charges may apply if ABCoA or other service providers contact you.

1.10 Recording Calls . You understand and agree that ABCoA will, without further notice, monitor or record telephone conversations for quality and training purposes. This includes calls that you or anyone acting on your behalf has with ABCoA or its agents. You acknowledge and understand that, while your communications with ABCoA may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by ABCoA, and ABCoA does not guarantee that recordings of any particular telephone calls will be retained or retrievable.

2. Lender Accounts.

2.1 Identity Authentication.   You authorize ABCoA, directly or indirectly through third parties, to make any inquiries ABCoA considers necessary to validate your identity. This may include, but not be limited to, asking you to provide further information, requiring you to provide your date of birth, last four digits of your Social Security Number, or other information that will allow ABCoA to reasonably identify you, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a current credit report, or verifying your Information against third party databases or through other sources. ABCoA may also require you to provide a valid, government issued driver’s license or other identifying documents at any time. If you use certain Services, federal law requires that ABCoA verify certain elements of your Information. ABCoA reserves the right to close, suspend, or limit access to your Account Profile and/or the Service in the event ABCoA is unable to obtain or verify this Information.

2.2 Credit Report Authorization.   If you open an Account Profile with ABCoA, you are providing ABCoA with specific and written instructions and authorization in accordance with the Fair Credit Reporting Act to obtain your personal and/or business credit report from a national credit bureau. You are also authorizing ABCoA to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time ABCoA reasonably believes there may be an increased level of risk associated with your Account Profile.

2.3 Third Party Permissions . If you grant express permission to a third party to take specific actions on your behalf, or access particular information about your Lender Account, either through your use of the third party's product(s) or service(s) or through your Account Profile, you acknowledge that ABCoA may disclose the information about your Lender Account that is specifically authorized by you to the identified third party. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. Further, you acknowledge and agree that you hold harmless ABCoA for, and will indemnify ABCoA from, any liability arising from the actions or inactions of any third party in connection with the permissions granted by you. You may change or remove these permissions at any time by changing your settings in your Account Profile.

3. Sending Money.

3.1 Sending Limits.  ABCoA may, at its sole discretion, impose limits on the amount of money you can send through the Service. Your ability to make payments through the Service may be limited by certain policies and procedures of the Lender with whom you transact business. It is your responsibility to review such Lender’s payment policies and procedures. ABCoA is not responsible or liable for a Lender’s refusal to accept payment through the Service in any circumstances whatsoever.

3.2 Preferred Payment Method.   You may select a “Preferred Payment Method” each time you make a payment, except when making a “Preapproved Payment,” a “No Log-In Payment,” or an “In-Store Checkout Payment” (“Payment Methods”). You acknowledge and agree that certain funding sources may not be available for certain products; if there are funding source limitations, these will be disclosed to you as part of your transaction flow for the specific product. For a “Preapproved Payment” (as defined in Section 3.6) or, in most instances, a “No Log-In Payment,” you can select a “Preferred Payment Method” when you provide your initial authorization for this payment and/or through the “My Preapproved Payments” section of your Account Profile (it may be called "Backup Payment Method").

3.3 Default Payment Methods.   When you make a payment, if you have not selected a Preferred Payment Method, ABCoA will fund your transaction with an alternative method of payment, such as an alternative debit or credit card, on file with your Account Profile or an ACH or eCheck payment if your bank account information or checking account information is on file with your Account Profile.

3.4 Payment Method Limitations.   In order to manage risk, ABCoA may, at its sole discretion, limit the Payment Methods available for any transaction. In addition, Payment Methods may be limited if you make an eAutoPayment.com website payment through certain third party websites or applications. In all such cases, if you choose to continue with any said transaction, you acknowledge and agree that you are proceeding with the understanding that you may have fewer avenues available for dispute resolution in the event that the transaction turns out to be unsatisfactory.

3.5 Refused and Refunded Transactions.  When you send money, a Lender may not accept the funds. You agree that you will not hold ABCoA liable and will hold harmless ABCoA for any damages resulting from a Lender not accepting any payment made through the Service.

3.6 Preapproved Payments.  A Preapproved Payment, including an In-Store Checkout Payment, is a payment in which you authorize a Lender to directly charge your Lender Account by way of your chosen payment method on a one-time, regular, or sporadic basis. Preapproved Payments are sometimes called "subscriptions," "recurring payments,” "preauthorized transfers" or "automatic payments." Within two (2) Business Days of any Preapproved Payment made from your Lender Account, you will receive a confirmation of this transaction by email. In order to receive such email receipts, you must have a valid Account Profile on the eAutoPayment website.

The following applies to any Preapproved Payments you make:

  1. Notice for Certain Preapproved Payments . If a Preapproved Payment will vary in amount and is made using a credit or debit card Payment Method, you may request advance notice of the amount and date of the transfer from the Lender at least ten (10) days before the transfer is made. If the Lender provides the option, you may choose to receive this advance notice only when the amount of your Preapproved Payment will fall outside a range established between you and the Lender. This notice is designed to protect you from having insufficient funds in your bank account to cover the Preapproved Payment.

  2. Stopping a Preapproved Payment . You may stop a Preapproved Payment at any time by notifying the Lender. To stop a Preapproved Payment, you must either (i) call the Lender or (ii) cancel the Preapproved Payment online in your Account Profile if this option is available to you under the terms of your agreement with the Lender. Please note that Preapproved Payments are sometimes referred to as "subscriptions," "recurring payments," "preauthorized transfers," or "automatic payments." If you stop a Preapproved Payment, you may still be liable to the Lender for the payment or other penalties under the terms of your agreement with the Lender. You may be required to pay the Lender through alternative means.

3.7 Accuracy of Information. You are responsible for confirming the accuracy of the information you provide about each payment you send, including the email address or telephone number and the amount of the transaction.

3.8 eAutoPayment Mobile.  ABCoA allows you to access certain Services through your Internet-capable mobile phone or mobile computing device, such as a tablet computer (“eAutoPayment Mobile”). If you use eAutoPayment Mobile, you are responsible for any fees that your phone service provider charges, such as fees for SMS, data services, and any other fees that your phone service provider may charge. Your phone service provider is not the provider of any Services.

3.9 Credit Card Information.  If your credit card account number changes or your credit card expiration date changes, you must notify ABCoA and provide all updated credit card information to ABCoA to maintain your Account Profile as active.

4. Receiving Funds / Money.

4.1 Risk of Reversals, Chargebacks, Claims and Returned Transactions . When you send a payment, you are liable to your Lender for the full amount of the payment sent by you in addition to any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by you, plus the applicable fees of this Agreement if you lose a Claim or a Chargeback or if there is a Reversal of the payment or a Returned Transaction. You agree to reimburse Lender and to allow Lender to recover any and all amounts due. If you file a Chargeback, the Credit Card Issuer, not ABCoA or Lender, will determine the validity of the Chargeback claim and the party that is awarded the final determination of the Chargeback.

4.2 Taxes.  It is the Lender’s responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is the Lender’s responsibility to collect, report and remit the correct and applicable tax to the appropriate taxing authority. ABCoA shall not be held responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

5. Setoff or Past Due Amounts. If you have a past due amount owed to ABCoA or any ABCoA affiliate, and the amount is not the subject of a dispute, ABCoA may freeze your Account Profile and begin collection measures to collect any amounts that are more than sixty (60) days past due.


6. Closing Your Account Profile.

6.1 How to Close Your Account Profile.   You may close your Account Profile for any reason by providing a thirty (30) day written notice to ABCoA. Upon Account Profile closure, ABCoA will cancel any pending and future transactions.

6.2 Limitations on Closing Your Account Profile.  You may not close your Account Profile to evade an investigation. You will remain liable for any and all obligations related to your Account Profile even after the Account Profile is closed.

7.Restricted Activities. In connection with your use of ABCoA’s eAutoPayment.com website, your Account Profile, the Service, or in the course of your interactions with ABCoA, other users, or third parties, you acknowledge and agree that you will not engage in any of the following activities (“Restricted Activities”):


  1. Breach this Agreement or any other agreement or policy that you have agreed to with ABCoA;

  2. Violate any law, statute, ordinance, or regulation;

  3. Infringe upon ABCoA's or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

  4. Act in a manner that is defamatory, trade libelous, threatening or harassing;

  5. Provide false, inaccurate or misleading information;

  6. Send or receive what ABCoA, in its sole discretion, reasonably believes to be potentially fraudulent funds;

  7. Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;

  8. Control an Account Profile that is linked to another Account Profile that has engaged in any of these Restricted Activities;

  9. Use your Account Profile or the Service in a manner that ABCoA, Visa ® , MasterCard ® , American Express ® , Discover ® or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;

  10. Provide yourself a cash advance from your credit card (or assist in any way others to do so);

  11. Take any action that imposes an unreasonable or disproportionately large load on ABCoA’s infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information; use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy ABCoA’s eAutoPayment.com website without ABCoA’s prior written permission; or use any device, software or routine to bypass ABCoA’s robot exclusion headers, or interfere or attempt to interfere with ABCoA’s eAutoPayment.com website or the Service;

  12. Take any action that may cause ABCoA to lose any of the service from ABCoA’s Internet service providers, payment processors, or other suppliers;

  13. Use the Service to test credit card behaviors;

  14. Circumvent any ABCoA policy or determinations about your Account Profile such as temporary or indefinite suspensions or other Account Profile holds, limitations or restrictions, including, but not limited to, engaging in the following actions: attempting to create new or additional Account Profile(s) when an Account Profile has been restricted, suspended or otherwise limited; creating new or additional Account Profiles using information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Account Profile;

  15. Harass ABCoA’s employees, agents or other users.


8. Your Liability - Actions ABCoA May Take.

8.1 Your Liability. You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by Lender , ABCoA, other user, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the Service. You agree to reimburse Lender , ABCoA, other user, or a third party for any and all such liability.

8.2 Reimbursement for Your Liability . In the event that you are liable for any amounts owed to Lender , Lender may initiate and institute collection efforts to recover such amounts from you.

8.3 Actions by ABCoA - Restricted Activities . If ABCoA, in its sole discretion, believes that you may have engaged in any Restricted Activities, ABCoA may take various actions to protect ABCoA, Lender, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions ABCoA may take include, but are not limited to, the following:

  1. Close, suspend, or limit your access to your Account Profile or the Service (such as limiting access to any of your Payment Methods, and/or your ability to send money or remove financial Information);

  2. Contact Lenders who have provided goods or Services to you or Credit Card Issuer, and/or issue warnings to Lender, law enforcement, or impacted third parties of your actions;

  3. Update inaccurate Information you provided us;

  4. Refuse to provide the Service to you in the future;

  5. Take appropriate legal action against you; and

  6. ABCoA, in its sole discretion, reserves the right to terminate this Agreement, terminate or restrict your access to the eAutoPayment.com website, or terminate or restrict your access to the Service for any reason and at any time upon providing notice to you.

8.4 Actions by ABCoA - Account Profile Closure, Termination of Service, Limited Account Profile Access; Confidential Criteria . If ABCoA closes your Account Profile or terminates your use of the Service for any reason, ABCoA will provide you with notice of ABCoA’s actions. Except as expressly provided otherwise in this Agreement, if ABCoA limits access to your Account Profile, ABCoA will provide you with notice of ABCoA’s actions; ABCoA will also provide you with an opportunity to request restoration of access if, in ABCoA’s sole discretion, ABCoA deems it appropriate. Further, you acknowledge that ABCoA’s decision to take certain actions, including, but not limited to, limiting access to your Account Profile, may be based on confidential criteria that are essential to ABCoA’s management of risk and the security of Users’ Account Profiles and the ABCoA system. You agree that ABCoA is under no obligation to disclose at any time the details of its risk management or security procedures to you.

9. Resolution Procedures for Unauthorized Transactions, Remittance Transfer Errors and Other Errors.

9.1 Notification Requirements.

  1. You should immediately notify the Lender if you know or have reason to believe:

    1. there has been a transaction on your Account Profile not authorized by you (“Unauthorized Transaction”), unauthorized access to your Account Profile, or the occurrence of any other error;

    2. there is an error in your Lender Account Statement (you can access your Lender Account Statement by logging into your Account Profile) or your transaction confirmation sent to you by email; or

    3. you need more information about a transaction listed on your Lender Account Statement or transaction confirmation.

  2. You are advised to regularly access and view your Lender Account and verify your Lender Account Statement to ensure that there has not been an Unauthorized Transaction or any other error. ABCoA will also send an email to the primary email address you have provided in order to notify you of each transaction from your Account Profile, unless you have opted out of receiving certain notifications or you do not have a valid Account Profile. You should also review these transaction confirmations to ensure the accuracy and authorization of each transaction.

For any Unauthorized Transactions or any other errors in your Account Profile, you are required to notify the Lender in the manner as set forth in such Lender’s policies and procedures.

9.2 ABCoA Processing Errors. ABCoA will use its reasonable efforts to rectify any processing error that ABCoA discovers.

10. Disputes with ABCoA.

You and ABCoA agree that any claim or dispute at law or equity that has arisen or may arise between you and ABCoA will be resolved in accordance with the provisions set forth in this Section (Section 10: Disputes with ABCoA). Please read this Section carefully. It affects your rights and will impact how claims or disputes may be resolved.

10.1 Contact ABCoA First.   If a dispute arises between you and ABCoA, it is ABCoA’s goal to learn about and address your concerns. Disputes between you and ABCoA regarding the Service may be reported to Customer Service online via e-mail at support@eautopayment.com or in writing at the following address:


Advanced Business Computers of America, Inc.

Attention: eAutoPayment.com Electronic Communications Delivery Policy

P.O. Box 54221, Jacksonville, FL 32245

10.2 Applicable Law . Venue and jurisdiction for any action commenced under this User Agreement shall be the appropriate State or Federal court located in Duval County, Florida and each party consents to the venue and jurisdiction of the courts set forth above.

10.3 WAIVER OF JURY TRIAL. THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ALL OF THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY IN ANY PROCEEDING BROUGHT TO ENFORCE OR DEFEND ANY TERMS OR PROVISIONS OF THIS AGREEMENT.  NO PARTY SHALL SEEK TO CONSOLIDATE ANY PROCEEDING IN WHICH THE RIGHT TO A TRIAL BY JURY HAS BEEN WAIVED WITH ANY OTHER PROCEEDING IN WHICH THE RIGHT TO A TRIAL BY JURY CANNOT BE, OR HAS NOT BEEN, WAIVED.  THE TERMS AND PROVISIONS OF THIS SECTION 10.3 HAVE BEEN FULLY REVIEWED BY THE PARTIES HERETO, AND THE TERMS AND PROVISIONS HEREOF SHALL NOT BE SUBJECT TO ANY EXCEPTIONS.  NO PARTY HAS IN ANY WAY AGREED WITH, OR REPRESENTED TO, ANY OTHER PARTY THAT THE TERMS AND PROVISIONS OF THIS SECTION 10.3 WILL NOT BE ENFORCED FULLY IN ALL INSTANCES.

10.4 Insolvency Proceedings . If any proceeding by or against you is commenced under any provision of the United States Bankruptcy Code, as amended, or under any other bankruptcy or insolvency law, ABCoA will be entitled to recover all reasonable costs or expenses (including reasonable attorneys' fees and expenses) incurred in connection with the enforcement of this Agreement.

10.5 No Waiver . ABCoA’s failure to act with respect to a breach by you or others does not waive ABCoA’s right to act with respect to subsequent or similar breaches.

10.6 Indemnification . You agree to defend, indemnify and hold ABCoA, its parent, Affiliates and the officers, directors, managers, agents, joint venturers, employees and suppliers of ABCoA, shareholders, members, parent companies, or its Affiliates, harmless from any claim or demand (including attorney’s fees) made or incurred by any third party due to or arising out of your breach of this Agreement, your improper use of the Service, and/or your violation of any law or the rights of a third party.

10.7 Assumption of Rights . If ABCoA pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that ABCoA assumes your rights against the recipient and third parties related to the payment, and may directly pursue those rights or pursue them on your behalf, in ABCoA's sole discretion.

10.8 Release of ABCoA . If you have a dispute with one or more Lenders, you release ABCoA, its parent, Affiliates and the officers, directors, managers, agents, joint venturers, employees and suppliers of ABCoA, shareholders, members, parent companies, or Affiliates, from any and all Claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this Release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this Release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this Release. 

11. General Provisions.

11.1 Limitations of Liability.   IN NO EVENT SHALL ABCoA, ABCoA’S PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, MEMBERS, OWNERS, MANAGERS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF EAUTOPAYMENT, ITS PARENT OR ITS AFFILIATES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ABCoA’S WEBSITE, THE ABCoA SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE). 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. ABCoA’S LIABILITY, AND THE LIABILITY OF ITS PARENT AND AFFILIATES, AND ABCoA’s RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, OWNERS, MANAGERS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. IN ADDITION, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ABCoA, ITS PARENT, AND AFFILIATES, AND ITS’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, OWNERS, MANAGERS, AGENTS, JOINT VENTURERS, EMPLOYEES, AND SUPPLIERS ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING, BUT NOT LIMITED TO, LOSS OF MONEY, GOODWILL, OR REPUTATION, PROFITS, OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ABCoA’S SITES AND SERVICE; (2) DELAYS OR DISRUPTIONS IN ABCoA’S SITES AND SERVICE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ABCoA’S SITES OR SERVICE OR ANY SITE OR SERVICE LINKED TO ABCoA’S SITES OR SERVICE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ABCoA’S SITES OR SERVICE OR IN THE INFORMATION AND GRAPHICS OBTAINED FROM THEM; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES; (6) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR ACCOUNT PRFILE; (7) YOUR NEED TO MODIFY PRACTICES, CONTENT, OR BEHAVIOR, OR YOUR LOSS OF OR INABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THIS USER AGREEMENT OR ABCoA’S POLICIES. ABCoA RESERVES THE RIGHT TO MODIFY ITS POLICIES AND THIS USER AGREEMENT AT ANY TIME CONSISTENT WITH THE PROVISIONS OUTLINED HEREIN.

11.2 No Warranty.   THE ABCoA SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. ABCoA, ITS PARENT AND AFFILIATES, AND THE OFFICERS, DIRECTORS, MEMBERS, OWNERS, MANAGERS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF ABCoA, ITS PARENT OR OUR AFFILIATES, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ABCoA does not have any control over the products or Services that are paid for with the Service and ABCoA cannot ensure that a buyer, seller, lender or Lender you are dealing with will actually complete the transaction or is authorized to do so. ABCoA does not guarantee continuous, uninterrupted or secure access to any part of the Service, and operation of the eAutoPayment.com website may be interfered with by numerous factors outside of ABCoA’s control. ABCoA will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but ABCoA makes no representations or warranties regarding the amount of time needed to complete processing because the Services are dependent upon many factors outside of ABCoA’s control, such as delays in the banking system or the U.S. or international mail service. Certain Services may not be available to you based on residency, geographic location or other eligibility criteria. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.

11.3 Complete Agreement. This Agreement, along with any other applicable policies and agreements incorporated by reference herein, sets forth the entire understanding between you and ABCoA with respect to the Service. Section 1 (Our Relationship with You), Section 6 (Closing Your Account Profile), Section 8 (Your Liability - Actions We May Take), Section 10 (Disputes with ABCoA), and Section 11 (General Provisions), shall survive the termination of this Agreement. Unless stated otherwise in this Agreement, if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be removed and deemed unenforceable; however, the remaining provisions, as well as the ABCoA Privacy Policy , shall remain in full force and effec


Definitions


ABCoA’s Website” means www.eAutoPayment.com.


" Account Profile " means the location on ABCoA’s Website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, preapproved payment authorizations, and your Account Profile settings including your notification preferences.


ACH” means the Automated Clearing House network.


"Affiliate" or "Affiliated Company" or “ABCoA Corporate Family” or "Family of Companies " are used interchangeably and means companies that are direct or indirect subsidiaries of Advanced Business Computers of America, Inc. (ABCoA) or are otherwise related to ABCoA through common ownership or control.


"Agreement " means the ABCoA User Agreement, ABCoA Standard Agreement for Website Payments and Virtual Terminal, ABCoA Standard Agreement for Enhanced Recurring Payments, ABCoA Privacy Policy, and including all subsequent amendments and additional agreements as implemented by ABCoA.


"Authorize " or " Authorization " means your express authorization for a Lender to collect a payment from your Card or bank account, or for ABCoA to modify your Account Profile as directed by you, or for ABCoA or a third party Lender to take action with your Account Profile or Lender Account.


" Business Days " means Monday through Friday, excluding Holidays.


Card ” means your credit card or debit card.


" Card Association Rules” means the credit card processing rules as described at http://www.ndmscorp.com/credit-card-associations-rules-information/.


"Communications " means any Lender Account, Account Profile or transaction information that ABCoA provides to you, including: any agreements and policies you agree to, including updates to these Agreements or policies; annual disclosures, including prospectuses and reports; transaction receipts or confirmations.


"Chargeback " means a request that a User files directly with his/her Debit or Credit Card Issuer, financial institution or bank to invalidate a payment.


"Claim " means a challenge to a payment that a User files with the Debit or Credit Card Issuer, financial institution or bank. Claims should be made directly to the User’s Debit or Credit Card Issuer, financial institution or bank and not ABCoA.


" Confirmed Address " means an address that has been provided by the User, reviewed and found highly likely to be that of the User to which it is associated.


"Credit Card Issuer" or "Debit Card Issuer" used interchangeably means an issuing bank or financial institution that offers Card association branded payment credit cards or debit cards directly to consumers.


" Customer Service " means ABCoA's customer support which can be accessed online by emailing questions or comments to support@eautopayment.com or through the ABCoA Help Center at any time, or in writing by mail to the following address:


Advanced Business Computers of America, Inc.

Attention: eAutoPayment.com Electronic Communications Delivery Policy

P.O. Box 54221, Jacksonville, FL 32245


"Days " means calendar days.


Dealer” or “Dealership” or “Lender” or “Seller” or “Finance Company” used interchangeably means the business or company that sells or finances automobiles and is to receive payments made by a User using the eAutoPayment system.


" Default Payment Methods " means the order as contained in your Account Profile in which ABCoA uses your Payment Methods to fund a transaction if you do not select a Preferred Payment Method.


"Dispute " means a dispute a User has with the Debit or Credit Card Issuer, financial institution, bank or Lender. User Disputes with Debit or Credit Card Issuer, financial institution, bank or Lender must be filed by a User directly with the Debit or Credit Card Issuer, financial institution, bank or Lender and not ABCoA.


eAutoPayment Service” means a web-based payment service offered, controlled and owned by ABCoA.


"eCheck " means a payment funded using a User's bank account Payment Method that is held pending and not received by the recipient until it clears. When you send money using eCheck it will usually be held pending for three (3) to four (4) Business Days.


"Fees " means any amounts charged to you by a Lender, financial institution or bank. It may also refer to any other identified type of fee in this Agreement.


Fraudulent Funds " means illegally obtained or possessed funds.


"Funding Source " means the Credit Card Issuer, financial institution or bank provider for a User’s Account Profile.


"Holidays " means New Year's Day (January 1), Birthday of Martin Luther King, Jr. (the third Monday in January), Washington's Birthday (the third Monday in February), Memorial Day (the last Monday in May), Independence Day (July 4), Labor Day (the first Monday in September), Columbus Day (the second Monday in October), Veterans Day (November 11), Thanksgiving Day (the fourth Thursday in November) and Christmas Day (December 25). ABCoA reserves the right to modify its observance of any Holiday from time to time.


"Identification Number" means an identifying number used for Identity Verification.


Identity Verification Service” means third party companies that provide services to verify a User’s identification and address.


" In-Store Payment" or " In-Store Checkout Payment " are used interchangeably and means the use of ABCoA for a transaction that occurs in a Lender’s physical location, rather than online using the eAutoPayment system, using an approved access method.


"Information " means any confidential and/or personally identifiable information or other information related to an Account Profile or User, including but not limited to the following: name, email address, date of birth, Social Security Number, address, phone number and financial information.


Lender Account” means a required personal account with your Lender.


"Lender Account Statement " means your periodic report from your Lender that contains your account and payment information.


Location Based Service” means a general class of computer program-level services that use location data to control service offerings and features.


Non-Affiliated Third Party” means any company not owned or directly controlled by ABCoA or ABCoA’s officers.


National Credit Bureau” means t he three national credit reporting agencies in the United States are Equifax, Experian, and Trans Union.


" Payment Method " means the payment method used to fund a transaction. The following payment methods may be used to fund a transaction: Automated Clearing House (ACH”), eCheck, credit card or debit card. You may also select to remove a Payment Method from your Account Profile.


Personal Identification Number (PIN)” means a numeric/alphabetical password shared between a user and a system that can be used to authenticate the user to the system.


"Personal Information " means any information provided by you that can be used on its own or with other information to identify, contact, or locate you, verify your information and account, or to identify an individual in any manner.


"Policy " or " Policies " means any Policy or other agreement between you and ABCoA that you entered into on the ABCoA website or in connection with your use of the ABCoA Services.


" Preapproved Payment " means a payment in which the User has provided advance authorization to debit the User’s Preferred Payment Method on a one-time, regular, or sporadic basis in accordance with the User’s agreement with the Lender. Preapproved Payments are sometimes called "subscriptions", "automatic payments", "automatic billing" or "recurring payments."


" Preferred Payment Method" or My Preferred Payments ” are used interchangeably and means a Payment Method that you select to fund a payment instead of using the Default Payment Methods.


"Recurring Payments " means a Payment Method that you select to automatically fund a payment on a regular basis without having to personally initiate the payment on a monthly/weekly, or other basis using the Default Payment Method chosen by you.


" Restricted Activities " means those activities described in the Restricted Activities Section of the ABCoA User Agreement.


Returned Transaction(s)” means payment returns and related fees related to ACH/eCheck processing.


Returned Transactions” means payment returns and related fees related to ACH/eCheck processing.


"Reversal " means ABCoA reverses a payment you made to a Lender because (a) it is invalidated by your Lender, (b) it was sent in error by the User, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a credit card or other financial account that did not belong to the sender), (d) you made the payment for activities that violated this Agreement, or any other ABCoA Agreement, or (e) ABCoA decided a Claim against you.

Service Providers” or “ABCoA Service Providers” are used interchangeably and means affiliated or non-affiliated companies that assist or work with ABCoA to provide ABCoA services to Users.


Third Party” or “Third Parties” means any company or entity that is not owned or controlled by ABCoA or its affiliates.


Third Party Website” means any website not owned or controlled by ABCoA or its affiliates.


" Transaction Receipt " means the receipt that is provided by way of email to the email registered to your account after your payment is processed.


Unauthorized Access” means any access to your User Account Profile that is not authorized or controlled by the User.


Unauthorized Transaction” means any transaction completed by way of an Unauthorized Access to your Account Profile.


"User " means any person or entity using ABCoA Services including you.


"Verified " means an Account Profile status that reflects that ABCoA is reasonably sure that a User has legal control of one or more of his or her Payment Methods. This verification may take place by, among other ways, sharing your personal information with third parties to obtain Account Profile verification.


Website Payment” or “ABCoA Website Payment” are used interchangeably and mean any transaction initiated through and by www.eAutoPayment.com.



ABCoA Privacy Policy

Revised: May 8, 2015


Your Privacy Rights

The ABCoA Privacy Policy describes your privacy rights regarding ABCoA’s collection, use, storage, sharing and protection of your personal information. It applies to the eAutoPayment.com website and all related sites, applications, Service (as hereafter defined) and tools regardless of how you access or utilize them. The Privacy Policy applies to any services used in connection with your eAutoPayment.com website Account Profile and your use of Service.

Scope and Consent

Your acceptance of this Privacy Policy is acknowledged and agreed to when you sign up for, access, or use ABCoA’s Services, content, features, technologies or functions offered on the eAutoPayment.com website and all related sites, applications, and service (collectively “Service”). ABCoA may amend this policy at any time by posting a revised version on the eAutoPayment.com website. The revised version will be effective at the time it is posted, unless we provide additional notice or an opportunity to “opt-in” because changes are material or retroactive.

Collection of Personal Information

ABCoA collects the following types of personal information in order to provide you with the use of and access to ABCoA’s sites, applications, Service and tools, and to help us personalize and improve your experience:

Information ABCoA collects automatically:   When you visit the eAutoPayment.com website or use any Service, ABCoA collects information sent to ABCoA by your computer, mobile phone or other access device. The information sent to ABCoA includes, but is not limited to, the following: data about the pages you access, computer IP address, device ID or unique identifier, device type, geo-location information, computer and connection information, mobile network information, statistics on page views, traffic to and from the sites, referral URL, ad data, and standard web log data and other information. ABCoA also collects anonymous information through use of cookies, web beacons or other mechanisms.

Information you provide to ABCoA:   ABCoA may collect and store any information you enter on the eAutoPayment.com website or you provide to ABCoA in context of using our site, applications, Service or tools.

When you visit the eAutoPayment.com website or use the Service, ABCoA also collects information about your transactions and your activities. In addition, if you open an eAutoPayment.com Account Profile or use the Service, ABCoA may collect the following types of information:

ABCoA may also collect information from or about you in other ways, such as through your contact with ABCoA’s customer support team, your results when you respond to a survey, and your interactions with members of the ABCoA corporate family or other affiliated companies. Additionally, for quality and training purposes or for its own protection, ABCoA monitors and records its telephone conversations for quality assurance purposes with you or anyone acting on your behalf. By communicating with ABCoA, you acknowledge that your communication will potentially be overheard, monitored or recorded without further notice or warning.

Information from other sources:   ABCoA may also obtain information about you from third parties such as credit bureaus and identity verification services. 

You may choose to provide ABCoA with access to certain personal information stored by third parties such as social media sites (e.g., Facebook and Twitter). The information ABCoA may receive varies by site and is controlled by that site. By associating an account managed by a third party with your eAutoPayment Account Profile and authorizing ABCoA to have access to this information, you agree that ABCoA may collect, store and use this information in accordance with this Privacy Policy.

Authentication and Fraud Detection:   In order to help protect you from fraud and misuse of your personal information, ABCoA may collect information about you and your interactions with the eAutoPayment.com website or Service. ABCoA may also evaluate your computer, mobile phone or other access device to identify any malicious software or activity.

Mobile Privacy:   ABCoA may offer you the ability to connect with ABCoA’s sites, or use of ABCoA’s applications, Service, and tools using a mobile device, either through a mobile application or via a mobile optimized website. The provisions of this Privacy Policy apply to all such mobile access and use of mobile devices. This Privacy Policy will be referenced by all such mobile applications or mobile optimized websites.

When you download or use ABCoA’s Mobile Applications, or access one of ABCoA’s mobile optimized sites, ABCoA may receive information about your location and your mobile device, including a unique identifier for your device. ABCoA may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to control or disable location service in the device's setting's menu. If you have questions about how to disable your device's location service, it is recommended that you contact your mobile service carrier or the manufacturer of your particular device.  

How ABCoA Uses the Personal Information Collected

ABCoA’s primary purpose in collecting personal information is to provide you with a secure, smooth, efficient and customized experience. ABCoA may use your personal information to:

Marketing

ABCoA does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. ABCoA may combine your information with information we collect from other companies and use it to improve and personalize Service, content, and advertising. If you do not wish to receive email and/or SMS text messages in connection with the Service, simply indicate your preference by logging into your Account Profile, selecting the Notification Section under the Settings Tab and updating your preferences. ABCoA will not send any marketing communications to you. If you do receive a marketing communication via the Service, such communication was generated and sent to you by the Lender. If you do not wish to receive communications from the Lender, it is your responsibility to contact the Lender directly with such request. ABCoA is not responsible for any marketing communications sent to you from any Lender.

ABCoA respects your communication preferences. If you no longer wish to receive notifications via our Services, you can adjust your preferences by visiting the Settings page of the Account Profile. Please note that if you choose to block receipt of notifications via your Account Profile, you will not receive any email notifications from ABCoA whatsoever, including notifications regarding your Account Profile, the Service, and your payments.

ABCoA may call or send a text message (SMS) to you via the landline or mobile phone number that you have provided. You can indicate your contact preferences by logging into your Account Profile and adjusting your preferences in your Account Profile Information Settings or by following the directions provided within the communication.  

How ABCoA Uses Cookies and Similar Technologies

When you access the eAutoPayment.com website or use the Service, ABCoA (including all affiliated companies ABCoA works with) may place small data files on your computer or other device. These data files may be cookies, pixel tags, "Flash cookies," or other local storage provided by your browser or associated applications (collectively "Cookies"). ABCoA uses these technologies to recognize you as a customer; customize the Service, content, and advertising; measure promotional effectiveness; help ensure that your account security is not compromised; mitigate risk and prevent fraud; and to promote trust and safety across ABCoA’s sites and the Service.

You are free to decline the eAutoPayment.com website’s Cookies if your browser or browser add-on permits, unless the eAutoPayment.com website’s Cookies are required to prevent fraud or ensure the security of websites controlled by ABCoA. However, declining the eAutoPayment.com website’s Cookies may interfere with your use of the eAutoPayment.com website and the Service. Declining the eAutoPayment.com website’s Cookies through your browser or browser add-on may not effectively eliminate tracking by Flash Cookies or other mechanisms.

Do Not Track:   Do Not Track (DNT) is an optional browser setting that allows you to express your preferences regarding tracking by advertisers and other third-parties. The eAutoPayment.com website does not currently respond to DNT signals.

How ABCoA Protects and Stores Personal Information

Throughout this Policy, ABCoA uses the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. ABCoA does not consider personal information to include information that has been made anonymous so that it does not identify a specific user.

ABCoA stores and processes your personal information on ABCoA’s computers in North America and elsewhere in the world where select facilities are located. ABCoA protects your information using physical, technical, and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration. Some of the safeguards include, but are not limited to, the use of firewalls and data encryption, physical access controls to data centers, and information access authorization controls.

 

How ABCoA Shares Personal Information with Other eAutoPayment.com Website Users

To process your payments, ABCoA may share some of your personal information with the person or company that you are paying. Your contact information, date of sign-up, and whether you have verified control of a bank account are provided to other eAutoPayment.com website Lenders with whom who you transact through the eAutoPayment.com website. In addition, this and other information may also be shared with third parties when you use these third parties to access the Service. Unless you have agreed to it, these third parties are not allowed to use this information for any purpose other than to enable the Service.

ABCoA works with third parties, including Lenders, to enable them to accept payments from you using the eAutoPayment.com website. In doing so, a third party may share information about you with ABCoA, such as your email address or mobile phone number, when you attempt to pay a Lender or third party. ABCoA uses this information to confirm that you are a eAutoPayment.com registered Account Profile holder and that eAutoPayment as a form of payment can be enabled, or to send you notification of payment status. Also, if you request that ABCoA validate your status as an eAutoPayment.com website User with a third party, ABCoA will do so.

Please note that Lenders you contract with have their own privacy policies, and although ABCoA’s User Agreement does not allow the other transacting party to use this information for anything other than providing the Service, ABCoA is not responsible for their actions, including their information protection practices, and you are encouraged to review their privacy policies before providing them with personal information.

How ABCoA Shares Personal Information with Other Third Parties

ABCoA may share your personal information with:

Please note that these third parties may be in countries other than the United States where the laws on processing personal information may be less stringent than in your country.

ABCoA will not sell or rent any of your personal information to third parties for their marketing purposes and only shares your personal information with third parties as described in this policy.

If you open an ABCoA Account Profile directly on a third party website or via a third party application, any information that you enter on that website or application (and not directly on the eAutoPayment.com website) will be shared with the owner of the third party website or application. These sites are governed by their own privacy policies and you are encouraged to review their privacy policies before providing them with personal information. ABCoA is not responsible for the content or information practices of such third parties.

How You Can Access or Change Your Personal Information

You can review and edit your personal information at any time by logging in to your Account Profile and reviewing your Account Profile settings and profile. You can also close your Account Profile through the eAutoPayment.com website. If you close your ABCoA Account Profile, ABCoA will mark your Account Profile in our database as "Closed," but may retain personal information from your Account Profile for a certain period of time to collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, prevent fraud, enforce ABCoA’s User Agreement, or take other actions as required or permitted by law.

How You Can Contact ABCoA About Privacy Questions

If you have questions or concerns regarding this policy, you should contact ABCoA via e-mail at support@eautopayment.com or in writing by mail at the following address:

Advanced Business Computers of America, Inc.

Attention: eAutoPayment.com Electronic Communications Delivery Policy

P.O. Box 54221, Jacksonville, FL 32245

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