PayWoot.com Terms of Use
Effective August 1, 2024
Introduction
PLEASE CAREFULLY READ THESE TERMS OF USE, ALONG WITH THE PRIVACY POLICY, BEFORE USING THE “SITE” OR “SERVICES” (AS DEFINED BELOW).
ACCEPTANCE OF TERMS
Welcome to this website, which is owned and operated by NexTrust, Inc. (“Site”).
The services that NexTrust provides directly through any NexTrust website or through any third-party site or application (collectively, “Services”) are intended for the sole use of NexTrust’s customers and its other authorized users (“you” or “yours”) and are subject to the following terms, including the NexTrust Privacy Policy (“Privacy Policy”) and any future modifications (collectively, this “Agreement”).
By using Site or Services, you agree to the terms of this Agreement.
If you ARE NOT A NEXTRUST CUSTOMER, OR A CUSTOMER OF A NEXTRUST CUSTOMER, OR an otherwise AUTHORIZED USER, OR IF YOU do not agree to the terms of this Agreement, do not access or use the Site or Services in any way, and please exit now.
NexTrust reserves the right to update the terms of this Agreement at any time with or without notice to you. From time-to-time you should review the most current terms of this Agreement by clicking the Terms link at the bottom of the website.
This Agreement constitutes the entire agreement between you and NexTrust with respect to the matters contained herein.
USER REPRESENTATIONS
You represent and warrant to NexTrust that (a) you are over the age of eighteen (18) and have authority to enter into and perform the obligations under this Agreement; (b) any information you may submit to NexTrust is truthful, accurate and complete and that you will keep any such information updated; and (c) you will comply with all of the terms and conditions of this Agreement.
USER LICENSE
You will receive a nonexclusive, non-assignable, royalty-free license to access the Site and use the Services solely for your internal business operations subject to the terms of this Agreement. You acknowledge that this Agreement is a services agreement and that NexTrust will not be delivering copies of any software to you as part of the Services. NexTrust or its licensors retain all ownership and intellectual property rights to the Site and Services, and anything developed and delivered under this Agreement. NexTrust reserves the right, in its sole discretion, to terminate your license and access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.
USER ACCOUNT INFORMATION AND SECURITY
To create your user account wherein you may access and use the Services (“Account”), you must provide and maintain complete and accurate account information with NexTrust (“Account Information”). Account Information includes Account usernames and passwords as well as Account profile information. NexTrust will use that Account Information to establish and maintain your Account for you. Each Account will have one unrestricted user (“Administrator”) who may, as needed, create additional unrestricted or restricted Account users.
You are responsible for maintaining the confidentiality of your Account’s usernames and passwords. You will not provide false identity information to gain access to or use the Services. You are responsible for all user activities, including by your Administrator, that occur within your Account and that are associated with your Account’s usernames and passwords. You agree to notify NexTrust immediately of any unauthorized use of your Account or any other breach of security. NexTrust will not be liable for any loss that you may incur as a result of someone else using your usernames and passwords to access your Account, either with or without your knowledge; however, you may be held liable for losses incurred by NexTrust or another party due to someone else using your usernames and passwords to access your Account. You may not access or use anyone else's account at any time without the express permission of the respective account’s owner.
SUBMITTED DATA
NexTrust claims no ownership of the data and information you upload, input, post, transmit, or submit to NexTrust in any form in connection with the Services (each a "Submission" or to “Submit” or to have been “Submitted”). You will not Submit any data, material, code, or other information that is: (i) Protected Health Information (aka “HIPAA PHI”) or payment card information that is unsecured, (ii) protected by copyright, privacy rights, or any other intellectual property right without first obtaining the permission of the owner of such rights, or (iii) obscene, defamatory, harassing, offensive or malicious. With each Submission you grant NexTrust, and where applicable, its affiliated companies and necessary supplier’s permission and license to use your Submission in connection with the Services provided to you. With each Submission you also warrant and represent that you own or otherwise control all of the rights to your Submission as described in this Agreement including, without limitation, all the rights necessary for NexTrust to use your Submitted information as necessary to provide the Services for you.
INDEMNIFICATION
You agree to indemnify and hold harmless NexTrust, and its owners, officers, employees, and representatives, from and against any and all causes of action, liabilities, claims, costs, losses, damages, and expenses (including reasonable attorney’s fees), arising out of a breach of your representations, warranties or agreements hereunder, including your Submission obligations outlined in the Submitted Data section above. The indemnity obligations under this section shall survive expiration or termination of this Agreement.
USER Assistance
You will provide to NexTrust, in the manner specified by NexTrust, all of the billing and payment data, information, and assistance necessary for NexTrust to perform the Services. You acknowledge that NexTrust’s ability to deliver the Services in the manner provided in this Agreement depends upon the accuracy and timeliness of such data, information, and assistance.
PROHIBITED USE
As a condition of your use of the Services, you may not use the Services in any manner that could damage, disable, overburden, or impair any NexTrust server, or the network(s) connected to any NexTrust server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other users’ accounts, computer systems, or networks connected to any NexTrust server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
ADDITIONAL RESTRICTIONS
You further agree that you will not, and you will not permit others, to: (i) copy or republish the Site or Services, (ii) make the Services available to any person other than authorized users, (iii) modify or create derivative works based upon the Site or Services, (iv) remove, modify or obscure any copyright, trademark or other proprietary notices contained in the Site or Services, (v) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Site or Services, or (vi) access the Site or Services in order to build a similar product or competitive product. Subject to the limited licenses granted herein, NexTrust will own all right, title and interest in and to the Site and Services and any other deliverables provided under this Agreement, including all modifications, improvements, upgrades, derivative works and feedback related thereto and intellectual property rights therein. You agree to assign all right, title and interest you may have in the foregoing to NexTrust.
Compliance with Laws
You will comply with all applicable local, state, national and foreign laws in connection with its use of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You will not use the Services for any purpose that is unlawful or prohibited by the terms of this Agreement.
DISCLAIMERS; NO WARRANTY
THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND NEXTRUST DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE SITE OR SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEXTRUST EXPRESSLY DISCLAIMS ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE OR COURSE OF DEALING. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Your accessing and using the Site and Services is at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEXTRUST MAKES NO WARRANTY THAT YOUR USE OF THE SITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS TO THE SITE AND SERVICES WILL BE CORRECTED, THAT THE SITE AND SERVICES OR THE SERVERS ON WHICH THEY ARE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION OBTAINED BY YOU ON, THROUGH OR IN CONNECTION WITH THE SITE AND SERVICES OR THIRD PARTY SERVICES WILL BE ACCURATE, RELIABLE, TIMELY OR COMPLETE.
UNDER NO CIRCUMSTANCES WILL NEXTRUST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH) RESULTING FROM USE OF THE SITE OR SERVICES, PROBLEMS OR TECHNICAL MALFUNCTION IN CONNECTION WITH USE OF THE SITE OR SERVICES, ANY MATERIAL OBTAINED IN CONNECTION WITH THE SITE OR SERVICES, ANY SUBMISSION, ANY THIRD PARTY SERVICE IN CONNECTION WITH THE SITE OR SERVICES, OR THE CONDUCT OF ANY USERS OF THE SITE OR SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICES, AND ANY INFORMATION TRANSMITTED OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ANY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY OR RECOVERY OR RECONSTRUCTION OF LOST DATA NECESSITATED BY YOUR USE OF THE NEXTRUST SITE AND SERVICES.
FOR YOUR CONVENIENCE, NEXTRUST’S WEBSITES MAY INLCUDE LINKS TO THIRD-PARTY WEBSITES THAT WILL LET YOU LEAVE A NEXTRUST WEBSITE. ANY SUCH LINKED THIRD-PARTY WEBSITE IS NOT OWNED, OPERATED, OR UNDER THE CONTROL OF NEXTRUST AND NEXTRUST IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED THIRD-PARTY WEBSITE OR ANY LINK CONTAINED IN A LINKED THIRD-PARTY WEBSITE, OR ANY CHANGES OR UPDATES TO SUCH THIRD-PARTY WEBSITES. NEXTRUST IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED THIRD-PARTY WEBSITE. THE INCLUSION OF ANY LINK TO SUCH THIRD-PARTY WEBSITE DOES NOT IMPLY ENDORSEMENT BY NEXTRUST OF THE WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED FROM THE SITE, YOU DO SO AT YOUR OWN RISK. SOME OF NEXTRUST’S third-party suppliers MAY HAVE the right to suspend or terminate the performance of their services TO NEXTRUST for contractual non-compliance by nextrust. YOU AGREE NOT TO LINK ANY OTHER WEBSITE TO ANY NEXTRUST WEBSITE WITHOUT THE PRIOR WRITTEN PERMISSION OF NEXTRUST.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NEXTRUST AND/OR ITS SUPPLIERS BE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA REGARDLESS OF WHETHER IT WAS ADVISED, HAD REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF NEXTRUST’S ACTS OR OMISSIONS OR YOUR USE OF THE SITE OR SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE SITE OR SERVICES.
Copyright and Use of Materials
The information and materials contained in the Site and Services are protected under worldwide copyright laws and treaty provisions. Contents of the Site and Services are owned by NexTrust or other third parties. You may download, copy, and distribute NexTrust documents and brochures for your organization’s noncommercial use only; however, you are NOT authorized to make any changes to the same. Prior written permission must be obtained from NexTrust for any other use of the materials. You may NOT modify, copy, license, publish, distribute, transmit, upload, reuse, report, or use the content of the Site or Services for public or commercial purposes.
TRADEMARKS
NexTrust, BillFlash, and PayWoot are registered trademarks of NexTrust, Inc. NexTrust may own other trademarks and/or trade names that are not included here. The absence of a product or service name or logo from this list does not constitute a waiver of NexTrust’s trademark or other intellectual property rights concerning that name or logo. The names of third parties or their services used in connection with the Site or Services may be the trademarks of their respective owners.
PROTECTING YOUR DATA
Protecting your data and privacy is important to NexTrust. In performing the Services, NexTrust will comply with its Privacy Policy, which is available at the bottom of the Site pages.
NO ASSIGNMENT
You may not assign this Agreement or any right under this Agreement without the written consent of NexTrust. Any assignment in violation of this provision will be void.
Force Majeure
NexTrust will be excused from performance under this Agreement for any period during which, and to the extent that NexTrust or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.
Severability
Any portion or provision of this Agreement that is held to be invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability, without affecting in any way the remaining portions or provisions hereof.
APPLICABLE LAW
The Site and Services are owned and operated by NexTrust, Inc. from its offices within the state of Utah in the United States of America. NexTrust makes no representation that materials or services on the Site and Services are appropriate or available for use in other locations. Those who choose to access the Site and Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You and NexTrust agree that sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement will be in state or federal court located in Salt Lake City, Utah.
Any rights not expressly granted herein are reserved.
QUESTIONS
Please direct your questions to the appropriate contact(s) as listed on the Site.