BILLAWAY TERMS & CONDITIONS



Neighbor Marketing, Inc. (“Billaway”) is in the business of operating, administering, and providing services to Fuel Oil Dealers and Energy Providers/Resellers/other entities for the purpose of offering a reward program. This reward program is offered to the customers of Lyfepoints is powered by Billaway, a property of Neighbor Marketing Inc. The intent of the Rewards Programs is to help consumers receive value back in the form of awards/points/credits when they shop and do other actions. Those rewards can then be used to reduce the amount of money paid to Lyfepoints is powered by Billaway, a property of Neighbor Marketing Inc or others approved by us for any bill which you receive from them. Please read this Registered User Agreement (the "Agreement") carefully before enrolling as a Registered User of the Rewards Program (or any other Rewards Program governed by this Registered User Agreement) or using any Software, such as smart phone applications, that may be provided from time to time on a Site ("Software"). If you clicked on a Registered User Agreement link and landed on this page, this Registered User Agreement governs the Rewards Program you are participating in and applies to you. This Agreement explains the terms and conditions governing your participation in the applicable Rewards Program and it is your responsibility to read and understand it. Billaway considers protecting your personal data to be important, and has developed a Privacy Policy describing Billaway's personal data collection and use policies and practices, which is incorporated by reference as if set forth in its entirety herein. Please click here to refer to our Privacy Policy for detailed information. Click here for an explanation of key terms used in this Agreement.

IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND THE PRIVACY POLICY PLEASE DO NOT USE THE SITE.


ENROLLMENT AND CERTAIN TERMS



By enrolling as a Registered User in the applicable Rewards Program by utilizing Software, or by accessing the Site you agree to be bound by this Agreement. Enrollment is defined as clicking to accept this Agreement and providing Billaway with your valid email address and a password in which to access your Account. Utilizing Software does not confer the status of "Registered User" until you complete the enrollment process. Participation in the applicable Rewards Program and its benefits are offered at the discretion of Billaway, and Billaway has the right to change the terms of this Agreement, in whole or in part, at any time with or without notice. We may terminate your participation in the applicable Rewards Program without cause. This Agreement and the Privacy Policy, and any amendments to this Agreement and the Privacy Policy, will be posted on the Site and your continued use of the participation in the applicable Rewards Program thereafter will constitute your affirmative acceptance of any such amendment and your agreement to its terms.

You acknowledge and agree that any information you provide to an Awards Provider, Participating Retailer, or Rewards Program Sponsor is subject to that entity’s own privacy and data collection policies.


ADDITIONAL TERMS



Additional policies and terms may apply to the specific portions of the Site and are not set forth herein ("Special Terms"). Please refer and review all additional Special Terms. If there is a conflict between this Agreement and the Special Terms, the latter shall have precedence with respect to your use of that area of the Site. All Special Terms are incorporated into this Agreement by reference and made a part of this Agreement as if set forth in its entirety herein.


ELIGIBILITY



You must be an individual, 18 years of age or older. If you are under 13 years of age, then please do not use or access the Site at any time or in any manner, or submit any information to the Site or Billaway. Use of the Site by any user shall be deemed to be a representation that the user is 18 years of age or older.

Registered Users must be human: no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of an applicable Rewards Program. You may maintain only one Account. Any duplicate Accounts will be subject to cancellation. You must have Internet access, an email address, and agree to accept Cookies to be eligible to receive the privileges and benefits of participation in the applicable Rewards Program. Billaway is not responsible for your inability to connect to the Internet, log into the Site, or access your Account. You are responsible for notifying Billaway of changes in your email address.

You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site and (b) maintain and promptly update information about yourself to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Billaway has a reasonable suspicion that such information is untrue, inaccurate, not current or incomplete, or you otherwise have violated this Agreement, Billaway has the right to suspend or terminate your Account and refuse any or all current or future use of the Site (or any feature or portion thereof). Refusal to abide by this or any other rules may result in Billaway closing your Account and canceling your participation in the applicable Rewards Program.


AWARDS



Registered Users will be credited, subject to the terms and conditions enumerated in this Agreement, with Awards for Eligible Purchases made at Participating Retailers. The Awards associated with Eligible Purchases at each Participating Retailer will be posted on the applicable Rewards Program website. To the extent that the applicable Rewards Program has separate terms and conditions and/or a separate privacy policy, such terms and conditions and/or privacy policies are hereby incorporated into this Agreement by reference as if set forth in its entirety herein.

The determination of whether or not a purchase made through a Participating Retailer is an Eligible Purchase is at the sole discretion of Billaway. All Awards earned by Registered Users are subject to review. Necessary adjustments may be applied to Accounts at any time by Billaway at its sole discretion. If you do not agree to adjustments made to your Account, your only recourse will be to terminate your status as a Registered User and withdraw from the applicable Rewards Program. Billaway reserves the right to terminate any Account for abusive or fraudulent activity, or if the Registered User is no longer reachable at the e-mail address provided. In addition, if you attempt to use an Account to divert Awards attributable to another Registered User’s purchases (for example, use your Customer ID in connection with purchases by non-family members) or engage in other abusive or fraudulent behavior we reserve the right to recover any such losses directly from you.

The timing of the posting of Awards to your Account and the availability of Awards for redemption may vary depending on the applicable Rewards Program. Please note that Participating Retailers regularly change policies and if a Participating Retailer fails to report a transaction to Billaway, or an Award Provider withholds payment to Billaway for any reason, Billaway reserves the right to cancel the Award associated with that transaction. Awards to Registered Users are subject to adjustments for returns and other events. Such adjustments can be applied to Accounts at any time by Billaway at its sole discretion. Should you disagree with any adjustments made to your Account, your sole remedy will be to terminate your status as a Registered User and withdraw from the applicable Rewards Program.

Billaway is not responsible for changes to, or discontinuance of, any Participating Retailer, or for any Participating Retailer’s withdrawal from a Rewards Program or for any effect on the grant of Awards caused by such changes, discontinuance, or withdrawal. Billaway is not responsible for changes to, or discontinuance of, any special offer or coupon code at a Participating Retailer. It is the Registered User's responsibility to make sure that all specials are valid. If you choose to use coupons and specials that are not listed on the Site, we cannot guarantee that you will be eligible to receive an Award.

You may be taxed on your Awards, depending on the amount of Awards you accrue and the tax laws of federal, state, and local jurisdictions. In all instances, you will be solely responsible for any and all tax liability arising out of your receipt or redemption of Awards.

You hereby agree to allow Billaway to display to you, email to you or communicate to you via other medium; any and all offers, incentives, coupons or other marketing communication related to any third party working with . Should you wish to discontinue the receipt of said communication, please email us at info@billaway.com and include in the subject line:"Remove my name from marketing communication" or you may simply opt out to any further communication via the links embedded in all of our communication.

We partner with certain retail entities who may offer cash back for the sole purpose of conversion to Points. Any and all cash back derived from these partners has no cash value unless converted to Points.

Facebook access. You agree to allow Billaway to post any offers and/or purchases on your Facebook wall when you enter your Facebook credentials in our site. Billaway is not liable for any results which may occur on your Facebook account due to the posting of this information.

WE WILL NEVER SELL YOUR EMAIL ADDRESS OR ANY OF YOUR INFORMATION TO THIRD PARTIES.


POINT ACCOUNT



Bill Pay Points (Points) are the exclusive rewards system of Billaway. You earn Points through activities on the website as they are disclosed. Currently you earn Points when someone you invite becomes a valid registered member of Billaway. You can also earn points through shopping with one of our partner retailers as per their terms and conditions. The value of Points is subject to change without notice. Points are redeemable ONLY on the Billaway website as a deduction to any bill transacted on the Billaway website. The monetary value of Points may change without notice and is not guaranteed to be any specific value.

These Terms and Conditions are subject to change without notice. Billaway is not responsible for errors in calculating point grants to members via third party offers.

Any member another member invites must have a valid US residence. If a member invites another consumer that registers with a fake US residence and the member receives and uses points for that referral and the referral is determined to be false, Billaway reserves the right to charge the members credit card on file for the monetary value used by the referring member for the fake referral thereby deleting the credit a member received.

Members and nonmembers of Billaway may purchase Points for members at any time. Those points purchased for members shall be deposited into said members account to be used per the policies of the company. Billaway makes no representation as to the cash value equivalent of Points at any given time. Moreover, the purchase price paid by a member or nonmember for Points is not refundable and is considered final.

WE RESERVE THE RIGHT TO DEDUCT, CHARGE YOUR PAYMENT METHOD OR RECOVER THE DOLLAR AMOUNT OF ANY POINTS WHICH WERE OBTAINED THROUGH FALSE INFORMATION BEFORE OR AFTER A TRANSACTION. ONE INDIVIDUAL CANNOT REGISTER MORE THAN THEMSELVES. EACH PERSON MUST ENTER THEIR OWN INFORMATION ON A COMPUTER AT THEIR OWN ADDRESS. IF A REFERRED USER UNSUBSCRIBES FROM RECEIVING COMMUNICATION FROM BILLAWAY WITHIN TWELVE MONTHS OF REGISTRATION, THE REFERRAL POINT CREDIT GRANTED TO THE REFERRING PARTY, IF ANY, WILL BE DEDUCTED FROM THE RECEIVING PARTY.

IF A MEMBER IS NOT ACTIVE ON THE SYSTEM FOR MORE THAN THREE MONTHS AT A TIME, ALL OF THE POINTS EARNED THROUGH SOCIAL MEANS SUCH AS REFERRING OTHERS, POSTING ON FACEBOOK, ETC IN THE MEMBER POINT BANK WILL BE DELETED. ALL POINTS EARNED FROM SHOPPING OR FROM OTHER COMMERCE ACTIVITIES WILL EXPIRE IN TWELVE (12) MONTHS. "ACTIVE" IS DESCRIBED AS LOGGING INTO THE BILLAWAY OR RELATED SYSTEM AND CONDUCTING ACTIVITY RELATED TO THE SITE. ACTIVITY SUCH AS EARNING POINTS, BUYING OIL OR CONDUCTING OTHER COMMERCE ON THE SITE.

Each state has its own escheatment law which requires companies to turn over to the state property of its residents that the state deems to be unclaimed or abandoned. If your Billaway Account has not had any activity, as defined by your state of residence according to our records, for a certain period of time (generally three to five years), the applicable Rewards Program may be required by law to remit Awards in your Billaway Account to the state of your last known address. Similarly, if you have a check issued by the applicable Rewards Program that has not been cashed after a certain period of time (also generally three to five years), the applicable Rewards Program may be required by law to remit the amount of the uncashed check to the state of your last known address. If we remit funds to your state of residence as required by law, you will need to contact the state directly to obtain the funds.


USE OF THE SITE



Access to and use of password protected or secure areas of the Site is restricted to Registered Users only. You agree that you will not share your password(s), Account information, or access to the Site with third parties other than Billaway. You are responsible for maintaining the confidentiality of your password and Account information, and you are responsible for all activities that occur using your password or Account and/or as a result of your use or access to the Site. To help protect the confidentiality of your password and Account information, you agree to logout of your Account whenever you are using a public computer. You agree to notify Billaway immediately of any unauthorized use of your password or Account. You agree that Billaway will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Billaway or another due to someone else using your Account or password. You may not use anyone else's Account at any time, without the permission of the Account holder. You also agree not to access or use the Site in any manner that may damage, disable, unduly burden, or impair any Billaway networks or systems. You agree not to attempt to gain unauthorized access to any areas of the Site, or any Billaway networks or systems, or to interfere or attempt to interfere with any Billaway networks or systems. You agree not to attempt to interfere with services provided to any user, host or network, including, without limitation, via means of submitting a virus to the Site, spamming, crashing, or otherwise. You agree not to use any robot or spider, or any other automated means to access or use the Site or any Billaway networks or systems. Refusal to abide by this or any other rules may result in Billaway canceling your participation in the applicable Rewards Program.


USE OF SOFTWARE



Your use of Software provided from time to time on the Site, or through a mobile application, is subject to this Agreement and all agreements including all license agreements and end user agreements that accompany or are included with the Software, and other terms and conditions that apply (collectively, "EULA Terms"). In the event that Software is provided on or through the Site and is not licensed for your use through any EULA Terms, you may use the Software subject to all of the following: (a) the Software may be used solely for your personal and noncommercial purposes; (b) you may not attempt to, or authorize any third party to, decompile, reverse engineer or otherwise attempt to gain access to the Software source code; (c) you may not attempt to, or authorize any third party to, disable or circumvent the intended operation of the Software or disclose any such method or means to any third party; (d) the Software may not be modified or altered in any way; and (e) the Software may not be transferred, sublicensed, assigned, copied, or redistributed.


CONSENT TO DISCLOSURE OF INFORMATION



By participating in a Rewards Program, you authorize Billaway to provide the Rewards Program Sponsor for that Rewards Program any Personal Information we receive about you including, without limitation, your name, mailing address, email address, phone number, username, grocery or drugstore loyalty card numbers, and Account activity, including information about the Award offers you activated and redeemed. Rewards Program Sponsors are third party companies independent of Billaway that may use the information we provide them to evaluate, develop, offer and promote their products and services to you and others.

Billaway may promote or offer contests, sweepstakes, similar promotional offers or surveys that may be co-sponsored by Billaway and one or more other companies, or may be sponsored by companies other than Billaway. You authorize Billaway to share some or all of the Personal Information collected through these offers or surveys with the sponsor(s) or other companies indicated on the entry form, in the governing rules, or on the survey, as applicable.

We engage other companies and individuals to perform certain services and functions on our behalf. For example, we may engage third parties to send email or postal mail, analyze data, provide marketing services, process applications, provide search results and links (including paid listings and links), or provide customer service. We contractually obligate these service providers to access and use the Personal Information we make available to them only as needed to perform their functions and for no other purposes. By participating in a Rewards Program, you authorize Billaway to share your Personal Information with such third party service providers for the purposes set forth in this paragraph. You also authorize Billaway to disclose Personal Information with nonaffiliated third parties as permitted by law.


THIRD PARTY CONTENT



Certain Content from third parties may be made available as part of the Site or through links from the Site. Generally, these third parties have obtained such Content from sources believed by them to be reliable. Billaway makes no representation with respect to, nor does it guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party Content. Likewise, Billaway does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party web sites regarding privacy and terms of service prior to using such sites. You agree that Billaway is not responsible for third party Content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content.


MESSAGE BOARDS, BLOGS, AND SHARING



Billaway may, now or in the future, allow users to post, upload, transmit through, or otherwise make publicly available on the Site (collectively, "submit") messages, receipts, recipes, text, illustrations, personal stories, reviews, illustrations, files, graphics, photos, comments, sounds, music, videos, information, content, or other materials ("User Content"). Billaway is not responsible for User Content for any links or images embedded in the User Content, or for the results obtained by using the User Content. Billaway does not endorse or warrant, and is not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement contained in User Content. Under no circumstances will Billaway be liable for any loss or damage caused by reliance on the Site, User Content, or information or materials obtained through User Content.

You shall not submit any User Content that is protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, or property right of a third party without the owner’s express written permission. You are solely liable for any damages resulting from your failure to obtain consent.

You shall not submit content that (a) violates or infringes the rights of others; (b) is unlawful, defamatory, threatening, harassing, abusive, libelous, invasive of privacy or publicity rights, vulgar, obscene, pornographic, profane, lewd, lascivious, excessively violent, or otherwise objectionable; (c) encourages criminal conduct or conduct that could give rise to civil liability or otherwise violates any law; (d) advertises goods or services; (e) solicits funds; (f) contains instructions, formulas, or advice that could harm or injure; or (g) is a chain letter of any kind.

User Content, including any personally identifiable information (including a name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. Billaway has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it. If you choose to make personally identifiable information publicly available on the Site you do so at your own risk.

By submitting User Content, you automatically grant Billaway a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sub-licensable and transferable, right and license to, immediately and/or in the future, use, record, sell, lease, reproduce, distribute, create derivative works, and to publicly display, perform, transmit, publish, and otherwise exploit the User Content, in whole or part as Billaway deems appropriate including, but not limited to, in connection with Billaway’s, or any of its subsidiaries’ or affiliates’ business.

Billaway has the right, but not the obligation, to monitor the User Content. We reserve the right not to post any User Content, but we do not have an obligation to post, maintain, screen or otherwise use User Content. We may discontinue your ability to submit User Content in our sole discretion.

The User is responsible for evaluating the accuracy, timeliness, and completeness of all content on the Site, including User Content.


OWNERSHIP



All right, title and interest in and to the Site and Content are and shall remain the intellectual property and copyrighted works of Billaway and/or its licensors and is protected by United States and international copyright, trademark, and other laws. You may not use or frame any Billaway name, trademark, logo or other proprietary materials, including images posted on the Site, the content of any text or the design of any page, or form contained on a page, without Billaway’s express prior written consent. Except as stated in this Agreement, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including without limitation, electronic, mechanical, photocopying, recording or otherwise without the prior written consent of Billaway or the respective owner. You may electronically copy and print to hard copy content for non-commercial, personal use. Any other use is strictly prohibited. You may not use Billaway’s name, logo or other trademarks for any purpose without the express written consent of Billaway.


TERMINATION OF PARTICIPATION IN THE REWARDS PROGRAM



Your participation in the Program is subject to the terms of this Agreement. Any failure to comply with this Agreement, any fraud or abuse relating to the receipt or redemption of Awards, or any misrepresentation of any information furnished to Billaway or any of its affiliates or agents by you, or anyone acting on your behalf, may result in the termination of your Participation in the applicable Rewards Program, the cancellation of your Account, and/or forfeiture of your Awards.


DISPUTES



It is your responsibility to check your Account regularly to ensure that Awards have been properly credited and that your Account balance is accurate. All questions or disputes regarding the applicable Rewards Program, including without limitation, questions or disputes regarding eligibility for the applicable Rewards Program, or the eligibility of Awards must be submitted in writing within one hundred twenty (120) days of the qualifying transaction, to Billaway at:

Customer Service, 300 Brickstone
Terrace Andover MA 01810.

Any such disputes shall be resolved by Billaway in its sole discretion. All interpretations of the terms of this Agreement shall be at the sole discretion of Billaway. In the event that an error is made by Billaway, your sole remedy shall be the credit of the disputed Awards to your Account and/or to terminate your account.


DISCLAIMERS AND INDEMNITY



There may be delays, omissions, or inaccuracies in information contained in this Site. By using the Site and/or submitting User Content, you agree to indemnify Billaway, its officers, directors, employees, successors, agents, and any subsidiaries or affiliates for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you (or through your username and/or password). You agree to cooperate as fully as reasonably required in Billaway's defense and/or settlement of any claim. Billaway reserves the right to assume that exclusive control over the defense and settlement of any matter subject to indemnification by you.

BILLAWAY'S SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. BILLAWAY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, BILLAWAY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, GROCERY, DRUG OR OTHER PRODUCTS OR SERVICES OFFERED OR PROVIDED BY AWARD PROVIDERS OR PARTICIPATING RETAILERS IN CONJUNCTION WITH THE APPLICABLE REWARDS PROGRAM.

THE MATERIALS ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BILLAWAY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Where applicable law does not allow the exclusions of implied warranties, the aforementioned exclusions may not apply to you.


EXCLUSION OF DAMAGES



NEITHER BILLAWAY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF BILLAWAY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.


LIMITATION OF LIABILITY



IN NO EVENT SHALL BILLAWAY'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE APPLICABLE REWARDS PROGRAM, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF AWARDS IN YOUR ACCOUNT AT THE TIME THE CLAIM ARISES.


NOTICE AND PROCEDURE FOR MAKING CLAIMS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT



The Digital Millennium Copyright Act provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Site in a way that may constitute copyright infringement, you may provide notice of your claim to Billaway's Designated Agent listed below. For your notice to be effective, it must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on this Site;

Information reasonably sufficient to permit Billaway to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner of the right that is allegedly infringed.

Billaway's Designated Agent is:
Neighbor Marketing, Inc.
Attn: President
300 Brickstone Terr
Andover, MA 01810
Email: info@billaway.com
Tel: 800.403.2965
Fax: 646.349.4062

The Billaway Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site. All other inquires to the Billaway Designated Agent will not be answered.


MISCELLANEOUS



This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules. As a condition of the use of the applicable Rewards Program Site, you, the Registered User, agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the City of Boston, Commonwealth of Massachusetts, and therefore agree to file any grievance or suit of any kind exclusively in the federal and state courts located within the City of Boston, Commonwealth of Massachusetts. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect. Billaway’s failure to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right. Nothing in this Agreement shall be construed as creating or constituting a partnership, joint venture or agency relationship between Billaway and any Awards Provider, Participating Retailer or any Rewards Program Sponsor. No Awards Provider, Participating Retailer, Rewards Program Sponsor, or other third party shall have the ability to create any obligation on Billaway’s behalf. This Agreement constitutes the entire agreement between you and Billaway with respect to the applicable Rewards Program. This Agreement and any Special Terms referenced and thereby incorporated herein will be deemed to be in compliance with applicable statutory, contractual, and other legal requirements for writing and be legally enforceable as a signed writing as against the parties, and deemed an "original" and "in writing" when printed from electronic records established and maintained in the ordinary course of business. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void. We may assign our rights and obligations under this Agreement, in whole or in part, without your consent. This Agreement will inure to the benefit and burden of the parties hereto and their permitted successors and assigns.


BILL PAYMENT - TERMS & CONDITIONS



These terms and conditions govern the use of Billaway Bill Payment service to enable customers to pay their bills.

Definitions

Bill Payment Service means the service provided by Billaway by which a customer utilizes their own funds and/or the value of their points/credits to make a payment to a third party.

Us means Billaway

BUSINESS DAY means any day, except Sunday or public holiday on which Bank is open for normal banking business during normal banking hours in the United States.

Biller means service provider for which the customer has registered with Us to make the bill payment.

Bill Payment Service means facility or agreement through which the Customer instructs Us to directly make the payment to his/her service provider for Utility bills / Telephone Bills / Insurance policies / Electricity bills as further detailed in the first paragraph of these Terms and Conditions. Registered account of the consumer means such bank checking or savings account owned by the customer for the purpose of making payments to Billers through the Bill Payment Service

General Terms

Scope of Services:

  1. By registering for Bill Payment Service, the Customer authorizes us and our agents to forward the amount collected from you to the Biller you designate. The Customer will provide Us with the names, and information of his account with those Billers, as required by the Biller to whom he wishes to make Bill Payments. The Customer fully understands that we engage third party agent(s) to provide the Bill Payment Service.
  2. When the Customer registers for a Biller on the Bill Payment Service, he may be able to make payments to such Billers. Registration for the Bill Payment Service is not immediate and the time taken for registration varies from Biller to Biller.
  3. By registering for Biller(s) through the Bill Payment Service, the Customer agrees that the WE are authorized to accept the Customer's instructions to make payment to said Biller utilizing the entire amount of Points/Credits in their account along with monies from a registered account of the customer.
  4. When the Customer initiates a Bill Payment, he authorizes US to debit his Registered Bank Account or Credit/Debit Card on a Business Day and to remit funds to the Biller on his behalf electronically and/or through United States Postal Service regular mail. If the Biller does not permit or accept electronic payments, then those funds will be remitted to the Biller through the use of a manual cheque.
  5. Payments made by the Customer will be made payable to the Biller no more than seventy-two (72) hours after customer makes a bill payment request OR when Billaway has verified that any and all funds due from the customers registered bank account have been received however it shall never be longer than five (5) business days. Friday from 5-pm eastern time to Monday at 9am eastern time are not included as are federal holidays.
  6. Customer may use the Bill Payment Service to authorize automatic recurring payments of recurring bills on certain pre-specified dates. These payments will be deemed to be made on the next Business Day if the specified payment day falls on a weekend or holiday.
  7. We cannot be responsible for any delays made by the Billers themselves.
  8. We or our agents shall incur no liability if they are unable to effect any Payment Instruction on the Payment Date due to any one or more of the following circumstances:
    • If instructions to make a Bill Payment is not received 5 business days before the due date.
    • If the bill amount paid by the Customer varies from the actual bill amount from the Biller.
    • a) If the Customers registered Bank Account does not contain sufficient funds to cover the payment of the respective bill or the bill amount exceeds the overdraft limit, if any, granted to the Customer.
    • b) If the funds available in the Bank Account are under any attachment, lien or charge.
    • The name of Biller and/or details required by the Biller for effecting the payment are not correctly provided by the customer and/or the biller.
    • Due to refusal of the Biller to receive the payment for any reason whatsoever.
  9. We shall not be responsible if the payment instructions are not affected for reasons not directly attributable to the Us or its agents nor for any claim for consequential or punitive damages or for loss of profit. Refunds for rejected payments will be credited to the Customers registered Bank Account within 5 business days.
  10. We or our agents retain the customary right to suspend the operations of the Bill Payment Service without notice and at their sole discretion.
  11. Should a customer (YOU) dispute or reverse a charge or debit from their account after completing the bill payment process on the website we will charge a fee to the customer in an amount of $15.00.

Confidentiality

The Customer hereby agrees that we may need to share, store or transmit information about the Customer or any of Customer Accounts, within Billaway or with any agent or third party used by Billaway either in the US or in another country, for the purpose of providing Bill Payment facility. Any such sharing, storage or transmission of such information will be done on a confidential basis and we will endeavor to maintain strict confidentiality of such information within Billaway unless: (a) otherwise required by any applicable law, regulation or request of any public, regulatory or judicial authority; or (b) where disclosure is required for the purposes of preventing crime; or (c) Billaway deems disclosure necessary to provide Services.

Services & Consideration

The Customer hereby provides his/her consent for the premises and covenants contained in these Terms & Conditions.

Force Majeure

We will not be responsible for non-performance or delay in the performance of Bill Payment facility that is caused by circumstances beyond its control. Circumstances beyond our control include, but are not limited to, fires, casualty, breakdown in equipment, communication line failure, power failure, lockout, strike, unavoidable accident, act of God, terrorism or threat of terrorism, riot, war or other enactment, issuance or operation of any adverse governmental law, ruling, regulation, order or decree, or emergency that prevents the Us from operating normally.

Limitation of Liability

Notwithstanding anything contrary contained herein in or any other deed, document or agreement between the Us and the Customer, we shall have no liability to the Customer or any other person for any consequential, compensatory, special or other damages, including without limitation damages for lost profits, or loss or damages from subsequent wrongful dishonor caused by any error, act, delay or omission by the Us.

Indemnity

As long as the we have performed in good faith the Customer shall indemnify Us and hold Us harmless from time to time and at all times from any and all claims, damages, losses, liabilities, and costs or expenses (including legal fees) incurred by the Us, arising due to any delay or loss caused to the Customer due to dishonor of any instruments as a result of availing Bill Payment facility or due to services performed under these Terms & Conditions.

Virus Check (s)

Customer will ensure to prevent the spread of viruses by checking all magnetic tapes, diskettes, cartridges, and all computer software used for transmission of data to the Us. This includes running a virus check program on the computer where the transmission of data to the Us will be originated.

Change of Terms

a. We have the sole discretion to change, add or delete these terms and conditions.
b. We may modify, terminate and/or suspend Bill Payment facility to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators.
c. Any amendment of these Standard Terms & Conditions proposed by the Customer shall not be effective unless it shall be reduced to writing through an Amendment Form and accepted by us. Amendments made under this clause shall be deemed to be a part of these Terms & Conditions and in case of any contradiction the Amendment Form shall prevail.
d. Changed terms and conditions will be displayed on our Internet website. By using the Bill Payment Service, the Customer will be deemed to have accepted the changed terms and conditions.

Term and Termination

These terms & conditions will continue to be in effect until terminated by either party. Either party may terminate the Bill Payment Services without affecting other Services. These terms & conditions shall remain valid until it is replaced by another set of terms & conditions or terminated by either party whichever is earlier. If the Customer suffers distress or execution or commits an act of bankruptcy or goes into liquidation or if a Court Receiver is appointed over any part of the Customer's business / property, then the Us shall have the right to terminate these terms & conditions forthwith by serving the Customer with a written notice to that effect.

Notwithstanding anything contained to the contrary, any rights, liabilities and obligations arising due to the acts done prior to the date of termination shall continue to be binding on the Customer and the Us and the Terms & Conditions shall be valid and binding to that extent.

Fees

The Customer agrees to pay applicable service charges to Us for Bill payment Services, as may be agreed between Us and the Customer from time to time, and all statutory dues including service tax, stamp duty, etc payable in respect of these terms & conditions or any other deeds or documents to be executed in pursuance hereof shall be borne and paid solely by the Customer.

Our fee will be disclosed in the form of a Convenience Fee which we reserve the right to charge and recover from the Customer for the Bill Payment Service. Such fees shall be as stated clearly on our website. The Charges shall be debited to the Customer's Point/Credit Account. Failure to pay the charges on or before the specified date will render the Customer liable for payment of interest at such rate as may be stipulated by the Us and/or withdrawal of the Bill Payment Service without any notice to the Customer or liability to the Us. We reserve the right to amend the current fee without any notice.

Severability

If any provision(s) of these terms & conditions shall be held to be illegal or unenforceable, the validity of the remaining portions of these Terms & Conditions shall not be affected.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law rules.

Cancellation of Instruction

All Bill Payment request by the Customer are final and cannot be cancelled after processed. Any amounts owe to the customer by biller are the responsibility of the customer.