Terms And Conditions
TERMS AND CONDITIONS
BEFORE USING ANY WEB PAGES OR INFORMATION CONTAINED HEREIN OR LINKED HERETO, YOU SHOULD CAREFULLY READ THE FOLLOWING IMPORTANT TERMS AND CONDITIONS, INCLUDING DISCLAIMERS.
The following terms and conditions ("Terms and Conditions") govern your use of the World Wide Web Site located at www.fsapay.com (this "Website"). This Website is intended for authorized users only. By accessing, viewing, or using the content, material, or services available on or through this Website, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions or you are not an authorized user, you are not granted permission to use this Website and must exit immediately.
These Terms and Conditions may be changed at any time. It is the obligation of users visiting the Website to review the Terms and Conditions for any changes since their last visit. This Website has been prepared solely for the purpose of providing information from and conducting transactions with Firstsource Advantage, LLC in order to provide account information, make payments and collect debts. Without limiting the generality of anything else, Firstsource Advantage, LLC makes no commitment, and disclaims any duty, to update this Website or any of the information obtained through this Website, and it shall not be responsible for any errors or omissions in the Website. Firstsource Advantage, LLC reserves the right to add, modify or delete any information on this Website at any time, with or without notice.
Any information, services, or materials offered by or through this Website shall not be construed as or understood to be financial, investment, legal, tax or accounting advice of any kind and should not be relied upon as such.
Proprietary Information: Permission is granted to download and print materials from this Website only for the purpose of viewing, reading, and retaining for reference the materials for personal, non-commercial purposes. Any other copying, distribution, or modification of or preparation of derivative works based upon, or any framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, this Website or any materials on this site, whether in electronic or hard copy form, without the express prior written permission Firstsource Advantage, LLC is strictly prohibited. Removing or altering any copyright notice or any other proprietary notice on any Website materials is strictly prohibited.
All names, trademarks, service marks, symbols, slogans, or logos (the “Marks”) appearing on the Website are proprietary to Firstsource Advantage, LLC or its affiliates. Use or misuse of these trademarks without advance written consent from Firstsource Advantage, LLC is expressly prohibited and may violate federal and state trademark law. Marks may not be used without Firstsource Advantage, LLC's prior written consent and may not be used in connection with any product or service that is not the property of Firstsource Advantage, LLC in any manner that is likely to cause confusion among customers as to source or sponsorship, or in any manner that disparages, tarnishes, dilutes, or discredits Firstsource Advantage, LLC.
All information you submit to Firstsource Advantage, LLC via the Website may be considered to be the property of Firstsource Advantage, LLC, and Firstsource Advantage, LLC is free to utilize any information you submit for the purpose of debt collection. Firstsource Advantage, LLC grants you a non-exclusive, non-transferable, limited license to access, use and display the Website and the information, graphics, content and materials thereon ("Content") and any software that may be necessary to use the Website.
FIRSTSOURCE ADVANTAGE, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DO RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF FIRSTSOURCE ADVANTAGE, LLC TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS WEBSITE, THE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS WEBSITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU FOR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND, AS SUCH, SOME PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, FIRSTSOURCE ADVANTAGE, LLC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification: You agree to defend indemnify, and hold harmless Firstsource Advantage, LLC and all of its respective owners, directors, officers, employees, representatives, proprietors, partners, shareholders, clients, contractors, consultants, principles, agents, predecessors, successors, affiliates, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs and expenses (including, without limitation, attorneys' fees and litigation expenses) relating to or arising from this Website, and the materials and information contained therein, your use of the Website, your transmission of any email to the Website (including the content of any such emails), your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.
Use of the Internet and Third-Party Materials: Without limiting the generality of the foregoing, other sites that may be listed or linked in this Website are not under the control of Firstsource Advantage, LLC. Accordingly, Firstsource Advantage, LLC can make no representation concerning the content of these sites to you, nor can the fact that Firstsource Advantage, LLC has given you this listing serve as an endorsement by Firstsource Advantage, LLC of any of these sites. Firstsource Advantage, LLC is providing links to these sites as a convenience to you. Firstsource Advantage, LLC has not tested any software that may be found on these sites and therefore cannot make any representations regarding the quality, safety or suitability of any software found there. There are inherent dangers in the use of any software found on the Internet, and Firstsource Advantage, LLC cautions you to make sure that you completely understand the risk before retrieving any software on the Internet. Firstsource Advantage, LLC is not responsible for any content, information, products, services, or software offered by any other party or at any other web site. Firstsource Advantage, LLC does not control, endorse, promote, or have any affiliation with any other website unless expressly stated herein.
Governing Law and Jurisdiction: These Terms and Conditions, including, without limitation, the Privacy Notice, represent the entire agreement between you and Firstsource Advantage, LLC with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the works, content, or materials on this Website, you consent to the exclusive jurisdiction of the federal and state courts presiding in Erie County, New York, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.
The Website is not intended for distribution to, or use by, any person or entity, or any jurisdiction or country where such distribution or use would be contrary to local law or regulation, would subject Firstsource Advantage, LLC to any liability or would not give effect to all of the provisions in this Agreement. You may not access the Website or the content in such jurisdiction or country, or where such access is illegal or prohibited or where such access would subject Firstsource Advantage, LLC or its affiliates to any liability. Those who choose to access this Website from such locations do so of their own volition and are responsible for compliance with applicable laws.
Malicious and Illegal Activites Prohibited: It is prohibited to use the Website in violation of the terms herein, in any manner which could damage, disable, interrupt, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or for any illegal activities. Illegal activities include, but are not limited to, tampering with information data bases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, violating civil rights laws or knowledgeable vandalism or destruction of online files or any other malicious or tortious activity. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States.
General: The waiver or failure of Firstsource Advantage, LLC to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms and Conditions. All rights and remedies given to Firstsource Advantage, LLC in these Terms and Conditions are cumulative and not exclusive of any other rights or remedies which Firstsource Advantage, LLC otherwise has at law or in equity. Any rights not otherwise expressly granted by these Terms and Conditions are reserved by Firstsource Advantage, LLC. Captions are for convenience only. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Firstsource Advantage, LLC reserves the right to terminate your access to this Website in the event that you violate these Terms and Conditions or for any reason whatsoever or no reason, with or without notice, in addition to any and all other remedies available at law or in equity.