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Terms and Conditions for Online Payments

Last Updated:  June 1, 2017

Barton & Associates, Inc. (“Barton”) offers this online payment processing service (the “Service”) through its vendor, Paytrace, Inc., as a courtesy and a convenience to its clients, customers, and other users.  BY ACCESSING, USING, OR OTHERWISE (IF APPLICABLE) ENROLLING IN THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS AND CONDITIONS. 

You are solely responsible for the security and confidentiality of your password (if generated), account, and other information.  Further, you are entirely responsible for any and all activities that occur under your account.  You will not share your account information or your user name and password (if any) with any third party or permit any third party to logon to the Service using your account information.  You agree to immediately notify Barton of any unauthorized use of your account or any other breach of security of which you become aware.  You are responsible for taking precautions and providing security measures best suited for your situation.

You will use the Service only for lawful purposes and will comply with all applicable laws, rules, regulations, and data security specifications.  You will comply with all security measures and security requirements associated with the Service.  Barton has the right to disclose to third parties any billing, account, content, personal, or use records and related information to the maximum extent allowed by applicable law.

Barton makes no guarantees regarding the security or privacy of the Service and disclaims any and all responsibility for any loss or corruption of data or other information from your use of or access to the Service.  Barton may cease offering the Service at any time, for any reason or no reason, and with or without notice.

THE SERVICE IS MADE AVAILABLE BY BARTON TO YOU “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS.”  BARTON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, UPTIME, SUITABILITY, MERCHANTABILITY, TITLE, SOURCE, OR ANY OTHER CHARACTERISTIC OF THE SERVICE OR ANY PORTION THEREOF. BARTON HEREBY EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THESE TERMS OF USE, INCLUDING ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B)  IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; OR (C) WARRANTY THAT THE SERVICE WILL BE SECURE OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, OR SECURE, OR WILL OPERATE WITHOUT ERROR.

IN NO EVENT WILL:  (I) BARTON BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN ADVISED AND/OR WAS FORESEEABLE; AND (II) BARTON’S TOTAL AGGREGATE LIABILITY (IF ANY) ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR YOUR USE OF OR ACCESS TO THE SERVICE EXCEED THE LESSER OF $500.00 OR 50% OF THE AMOUNTS PAID BY AND DUE FROM YOU IN THE 12 MONTHS PRECEDING THE OCCURRENCE OF THE FACTS AND CIRCUMSTANCES GIVING RISE TO SUCH LIABILITY.

BARTON RESERVES THE RIGHT IN WHOLE OR IN PART TO MODIFY, AMEND, SUPPLEMENT, SUPERSEDE, OR TERMINATE THESE TERMS AND CONDITIONS AT ANY TIME, FOR ANY REASON OR NO REASON, AND WITH OR WITHOUT NOTICE.  YOUR CONTINUED USE OF OR ACCESS TO THE SERVICE FOLLOWING THE POSTING OF ANY SUCH CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACKNOWLEDGE, ACCEPT, AND AGREE TO COMPLY WITH THOSE CHANGES.

These terms and conditions constitute the sole and entire agreement between you and Barton with respect to the Service, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. For the sake of clarity, however, these terms and conditions only govern your use of and access to, as well as Barton’s provision of, the Service, and nothing in these terms and conditions in any way shall affect or be interpreted to affect the terms, conditions, or provisions of any “Locum Tenens Agreement” or other prior, contemporaneous, or future agreement by and between you and Barton with respect to any other matter, including any other services or products provided by Barton.

These terms and conditions shall be governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice- or conflict-of-law provision or rule (whether of Massachusetts or any other jurisdiction) that would cause the application of laws of any jurisdiction other than Massachusetts. Any suit, action, or proceeding arising from or relating to these terms and conditions shall be instituted exclusively in the courts of the United States or the Commonwealth of Massachusetts, in each case located in Suffolk or Essex County, Massachusetts, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

You acknowledge and agree that, by clicking “Accept,” checking the acceptance box, or taking any other similar action with respect to these terms and conditions, you are accepting and agreeing to these terms and conditions in their entirety, and that such action constitutes a valid signature that is and shall remain binding upon you in the same manner as if you had affixed your signature hereto via ink or other traditional signing method. If these terms and conditions are being accepted on behalf of a corporation, company, association, partnership, agency, commission, political subdivision, or other entity (whether or not formally organized or registered as a separate legal person), you represent and warrant that the person accepting these terms and conditions has the full right, power, and authority to accept and to bind you to these terms and conditions in full.