Terms of Use

 

1. Acceptance of the Terms of Use
   The following terms and conditions (these "Terms of Use") govern your access to and use of CourtMoney’s websites, products, services, and any content, functionality and services offered on or through any of its affiliate websites (collectively, the "Services"). By accessing this website or using any of the above referenced Services, you are explicitly agreeing to the herein listed Terms and Guidelines and Privacy Policy. By accessing this website and/or using our services, you are agreeing that you are above the age of majority and are capable of forming a binding contract with CourtMoney. If you are accessing our Services on behalf of an entity, then you are agreeing to all terms on behalf of that entity. Accessing this website or using our Services does not grant you any ownership or intellectual property rights, including branding and other logos or trademarks. You may not use any of CourtMoney’s content without explicit written permission.
    
2. Scope of Services

CourtMoney’s Services, as covered in these Terms of Use, are explicitly limited to online payment processing, online reporting of individual payments, and monetary transfers from you to another entity. Any additional support provided by CourtMoney, which may include toll-free telephone and email access to customer service representatives regarding questions related to the Services, are strictly voluntary and CourtMoney has no obligation to provide or continue such support.
 

3. Limitation Of Services 
   CourtMoney will only process transactions for cards bearing the Visa, MasterCard, American Express, and Discover brand logos.
    
4. Issuer Rules And Fees

Card issuers may have rules or requirements about transactions or payments you make using CourtMoney’s Services. This may include varying additional fees or interest rates dependent on the type of transaction or payment you make. Some credit or debit cards provided to employees for purchases and expenses may prohibit certain types of payments, including bail, fines, and court costs. These policies belong to the card issuer and CourtMoney has no authority to alter these policies and takes no responsibility for these policies.

 

5. Obligations From Transferee Agency Or Organization

The agency or organization to which CourtMoney is transferring your payments will have sole responsibility to determine the application of your payment. This includes how such payments are applied or whether there are any applicable refunds. Any disagreement pertaining to the application of such payment must be handled directly with the agency or organization. If the payment is a bail payment, please be aware that state law determines how such payment is applied and distributed, and under which conditions it may be considered forfeited. For further information regarding state bail policies, please contact the agency or organization to which you are making payment.

 

6. Determinations By Transferee Agency Or Organization

The agency or organization to which you make payment via CourtMoney’s Services will be responsible for determining the manner in which funds are deposited. While deposits typically take place in a two-business day electronic settlement cycle, some agencies or organizations may require that payments are sent via mailed check. Mailed checks will be sent out by CourtMoney via bulk mail on the following non-federal holiday business day, and will cover all transactions or payments made during a daily payment processing cycle.

 

7. Fraud Prevention By CourtMoney
   In the interest of preventing fraud, you authorize CourtMoney to take all steps necessary to confirm your identity upon your use of CourtMoney’s services. This may include limiting or denying transactions that increase the risk or damage of such credit, debit, or pre-paid debit card fraud. CourtMoney reserves the right to deny any transactions if it believes that such transactions are not authorized. If a payment or transaction is subject to further anti-fraud verifications by CourtMoney, upon successful verification, CourtMoney will send a notice of your payment to the agency or organization you identified. Such payments which fail anti-fraud verification will be rejected even if approved by the card issuing entity.
    
8. Fraud Prevention By You
   If you believe that an unauthorized payment was made via CourtMoney on your credit or debit card, contact your card issuer immediately and file a claim. The claim will be referred to CourtMoney, which will review the claim during regular business hours. You waive any claims made more than 120 days after the transaction to which the claim is made relates.
    
9. Confidentiality
   Please note that if you communicate with us via email, your correspondence may not be considered privileged or confidential.
    
10. Cancellation Policy

You may cancel any transaction prior to making payment. Upon making payment, service fees for making a payment through CourtMoney’s Services will be deemed earned by CourtMoney and considered non-refundable.
 

 

11. Your Responsibilities

You are responsible for providing CourtMoney with accurate and updated information so that CourtMoney can successfully process your payments or transactions. Please review the CourtMoney website or contact CourtMoney via telephone or email if needed to confirm what information you are required to provide. Additional information may be provided by the government agency or organization to which you are attempting to make payment via CourtMoney. You are aware that you are solely responsible for your use of the Services. Any payments you make through the use of the CourtMoney Services must be lawful. CourtMoney retains the right to bar you from use of its Services if you violate these terms or any law, regulation, or rule in making your payment, provide false information in connection with your payment, or refuse to cooperate in any investigation into any claim.
 

12. Limitation of Liability
    CourtMoney’s sole obligation is to process payments to government agencies or organizations that you have identified to CourtMoney via your use of the CourtMoney Services for the amount determined by you and authorized by your card issuer. These Services are provided on an “as is” and “as available” basis. Use of the Services is provided at your own risk. The Services are provided without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, CourtMoney makes no warranties that all or part of the Services will be error free or uninterrupted. In no event shall CourtMoney or any of its affiliates be liable for any special, indirect or consequential damages (including, without limitation, damages for loss of data or profit, or due to business interruption), or any other types of damages whatsoever, arising out of the use or inability to use the Services.
     
13. Indemnity

You agree to defend, indemnify and hold harmless CourtMoney, its parents, subsidiaries, agents, affiliates, customers, vendors, officers and employees from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including reasonable attorneys fees and cost) arising from: (i) your use of and access to the Services; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claims or damages that arise as a result of your use the Services.

14. Trademarks & Copyright
    CourtMoney’s  name, logo and all related names, logos, product and service names, designs and slogans are trademarks/trade dress/service marks of CourtMoney or its affiliates or licensors. You must not use such marks without the prior written permission of CourtMoney. All other names, logos, product and service names, designs and slogans on this Website or in our Services are the trademarks of their respective owners. The Website is owned and operated by CourtMoney. All content displayed on any of the sites, as well as all visual interfaces, graphics, designs, information, computer code (including source code or object code), software and all other elements of the websites are protected by United States copyright laws, and any other intellectual property and proprietary rights and laws. Except as otherwise specified on the websites, all content contained on the websites is the property of CourtMoney and/or its third-party licensors. Except as expressly authorized by CourtMoney, you may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of such content. Any notices of alleged copyright infringement will be handled in accordance with the processes set out in the U.S. Digital Millennium Copyright Act.
     
15. Contact CourtMoney
    If you have questions about your payments or transactions, such as the amount, date, department or agency you are making payment to, and payment type, please contact CourtMoney at its toll-free telephone number and email address listed on CourtMoney’s website. CourtMoney will not answer questions regarding underlying obligations pertaining to your payments or transactions, such as taxes, fees, fines, or how other obligations are calculated, how an agency may apply your payment, or any determinations about bail.

 

16. No Attorney-Client Relationship
    The information contained in Services does not constitute and is not to be construed as legal opinion or advice of any kind on any subject or issue. Nothing on our site or Services shall constitute the provision of legal services.
     
17. Entire Agreement

The terms herein constitute the entire agreement between you and CourtMoney in regards to the subject matter discussed in these Terms of Use, and supersede any prior version.

 

18. Assignment

CourtMoney may assign these Terms of Use, and any of its rights under such Terms of Use, in whole or in part, and CourtMoney may delegate any of its obligations under these Terms of Use. You may not assign the Terms of Use, in whole or in part, nor transfer or sub-license your rights under the Terms of Use to any third party.

 

19. Governing Law / Jurisdiction

Any legal action or dispute you may have with CourtMoney will be subject to the laws of the state of Illinois, United States of America, without regard to choice or conflicts of law principles. Further, you and CourtMoney agree to the personal jurisdiction by and venue in the state and federal courts in Williamson County, Illinois to resolve any dispute, claim, or controversy that relates to or arises in connection with the CourtMoney’s Services and is not subject to mandatory arbitration pursuant to these Terms of Use.

 

20. Dispute Resolution and Arbitration

You and CourtMoney agree that any dispute, claim, or controversy between you and CourtMoney arising in connection with or relating in any way to the Services provided by CourtMoney or your relationship with CourtMoney as a user of its Services will be determined by mandatory binding individual (not class) arbitration administered by the JAMS Mediation and Arbitration Service (“JAMS”) under its arbitration rules. You and CourtMoney waive any applicable right to trial by jury or court or to participate in a class action, class arbitration, or any other representative, consolidated, or collective proceeding. You agree that the location of the arbitration shall be Marion, Illinois, Unites States of America (appearances may be by telephone if necessary or required). You agree that any challenge, if so legally allowed, relating to any award issued by JAMS, shall be venued exclusively in the U.S. District Court, Northern District of Illinois or a state court located in Williamson County, Illinois. Further, you agree that the scope, validity, effect, and enforceability of the foregoing waiver of class action lawsuit, class-wide arbitration, or representative, consolidated, or collective proceeding shall be determined solely and exclusively by such courts and that you submit to the personal jurisdiction of the court(s).

 

21. Waiver

The failure of CourtMoney to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
 

22. Privacy
    CourtMoney’s privacy policy, found on its website, is hereby incorporated into these Terms of Use.

 

23. Amendments

CourtMoney may revise this Terms of Use and any of the policies listed above from time to time. The revised version will be effective at the time CourtMoney posts it, unless otherwise noted. If our changes reduce your rights or increase your responsibilities CourtMoney will provide notice to you of at least 30 days. CourtMoney reserves the right to amend this agreement at any time without notice, subject to applicable law. By continuing to use our services after any changes to this Terms of Use become effective, you agree to abide and be bound by those changes. If you do not agree with any changes to this Terms of Use, you may close your account.

 

24. Suspension and Termination rights

We, in our sole discretion, reserve the right to suspend or terminate this Terms of Use, access to or use of our websites, software, systems operated by CourtMoney or on our behalf or some or all of the CourtMoney's services for any reason and at any time upon notice to you and, upon termination of this user agreement, the payment to you of any unrestricted money being held for you. In our sole discretion, we reserve the right to refuse or reject any payment for any reason, including but not limited to the right to refuse to provide services for any reason.

 

 Updated March 25, 2020