AGREEMENT BETWEEN USER AND FIELDWARE LLC
This Web Site is operated by Fieldware LLC, d/b/a feeservice.com and/or MySupervision.com (“Fieldware”), on behalf of the Government Agency or its affiliate named on the main page of this site (“Agency”). By using this Web Site, you agree to the terms and conditions outlined below. Your use of the Fieldware Web Site makes this a legally binding agreement subject to these terms and conditions, as well as any subsequent amendments.
1.FIELDWARE’S PAYMENT SERVICES
By accessing Fieldware's services through this Web Site, you can make payments to the Agency to either pay a court ordered fine or fee or provide payment to a restitution account (“Payment Services”). Upon your request, Fieldware will transfer your funds to the Agency for deposit into the specific account as directed. You may also use these services to electronically communicate changes to your personal information, hear instructions/messages, and/or send/receive messages with a supervising officer or Agency representative.
By using the online Payment Services, you understand that there is a non-refundable convenience fee to use this service (“Service Fee”) and that by making a payment through the Fieldware Web Site, you agree to pay the Service Fee. The amount of the Service Fee is provided on the Web Site at the time you submit your payment. By using a credit or debit card to make a payment on the Web Site, you authorize Fieldware to include the Service Fee in the charge to your credit or debit card. This may be in addition to any fees charged by your bank or credit card company to use of your credit or debit card for payment.
Once Fieldware transfers your funds to the Agency, the Agency is solely responsible for processing and distributing the funds to the proper accounts. Fieldware has no responsibility for the Agency's incorrect or delayed processing or for its decision to reject a payment. If your payment is rejected, the Agency -- and not Fieldware -- is responsible for refunding the payment amount to you. The Service Fee will still be applied and collected by Fieldware, even if your payment is rejected by the Agency. Any refund due to you from the Agency will be for the Payment Services only and will not include the non-refundable Service Fee.
It is your responsibility to check and ensure that payments are sent to the appropriate account(s), applied correctly, and that all references include your correct offender identification number, if necessary. In the event Fieldware cannot transfer your payment to the Agency, Fieldware will try to contact you to issue a refund. Again, a Service Fee will still be applied and collected, even if your payment cannot be made to the Agency. If Fieldware is unable to contact you, we will comply with all applicable state laws regarding unclaimed property.
2.YOUR INFORMATION
This Agreement incorporates by reference the Braintree Data Protection and Privacy Statement (Privacy Statement). Braintree, a PayPal Service, is the electronic payment method being used by Fieldware to process your transaction. By using the Fieldware Web Site, you agree to provide certain identifying information necessary for Fieldware to complete the Payment Services. Please refer to this Privacy Statement for Fieldware's policy on the use and protection of your information.
You acknowledge that you have read the Privacy Statement and consent to the processing of any identifying data in accordance with the policy. In particular, you consent to the transfer of identifying data where disclosure is required in the normal course of business. The identifying data is used to provide our Services, such as to help you send money and initiate a payment. We only retain your identifying information for as long as needed to conduct the purpose for which it was collected.
The identifying data we collect may include name, address, phone number, offender identification number, email, IP address, device Information, information collected from cookies or other tracking technologies, and other information necessary to establish and recognize your account. We do not use, sell or share your identifying information for money, marketing or advertising. However, we will disclose your identifying date with third parties to help us provide our services and to comply with legal obligations. This may include instances where the authorities require us to provide your identifying data. Such authorities may include the courts and law enforcement to investigate violations or to prevent illegal activity.
3.MODIFICATION OF THESE TERMS OF USE
Fieldware reserves the right to change its terms and conditions without notice, including the amount of the Service Fee charged to use the Fieldware Web Site. Any changes made will only affect transactions that occur after such change. When using the Web Site, it is your responsibility to review the terms and conditions to see what may have changed since your last visit.
4.LINKS TO THIRD PARTY SITES
Fieldware’s Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Fieldware and Fieldware is not responsible for the content of any Linked Site, including any link found on a Linked Site. In addition, Fieldware is not responsible for any webcasting or other forms of transmission received from any Linked Site. Fieldware is providing these links for convenience only, and the inclusion of any link does not imply endorsement or approval by Fieldware of the content of the site or affiliation with its operators.
5.NO UNLAWFUL OR PROHIBITED USE
As a condition of using the Fieldware Web Site, you acknowledge that you will not use it for any purpose other than as intended. You agree that you will not engage in unlawful or criminal activity on the Web Site or act in a manner prohibited by these terms and conditions. You also consent not to use the Web Site in a way that could damage, disable, overburden, or impair it or that will interfere with any other party’s use and enjoyment of it. You also recognize that it may not be used to obtain or attempt to obtain any materials or information not made publicly available or provided through the Fieldware Web Site.
6.PROTECTION
Fieldware maintains technical, physical, and administrative security measures designed to provide reasonable protection for your identifying data against loss, misuse, unauthorized access, disclosure, and alteration. These security measures include firewalls, physical access controls to our data centers, and information access authorization controls. While Fieldware is dedicated to securing its systems and services, we are not responsible for protecting any data Information that we share with a third-party based on an account connection that you have authorized.
7.DISCLAIMERS AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, AND OTHER SERVICES INCLUDED IN OR MADE AVAILABLE THROUGH THE FIELDWARE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. FIELDWARE MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FIELDWARE WEB SITE. ALL INFORMATION, CONTENT, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED ON AS "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FIELDWARE DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND AS TO THE OPERATION OF FIELDWARE’S WEB SITE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARANTIES OF MERCHANTABILTY AND FITNESS FOR A PARTICULAR PURPOSE, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE FIELDWARE WEB SITE AND SERVICES ARE AT YOUR OWN AND SOLE RISK. CHANGES ARE PERIODICALLY MADE TO THE WEB SITE AND THE CONTENT. FIELDWARE MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS WEB SITE AT ANY TIME. NO CONTENT PROVIDED ON THE FIELDWARE WEB SITE SHOULD BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIELDWARE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FIELDWARE WEB SITE. FIELDWARE DOES NOT WARRANT THAT ITS SERVICES, SERVERS OR ELECTONIC COMMUNICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FIELDWARE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE ITS SERVICES; THE USE OF ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE; OR OTHERWISE ARISING OUT OF THE USE OF THE FIELDWARE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FIELD WARE WILL NOT BE LIABLE EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FIELDWARE WEB SITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FIELDWARE WEB SITE. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY IN SUCH LOCATIONS.
8.SERVICE CONTACT
Users with concerns or inquiries regarding this Web Site or the Payment Services may contact us via email at support@feeservice.com or support@mysupervision.com.
9.TERMINATION/ACCESS RESTRICTION
Fieldware reserves the right, in its sole discretion, to terminate your access to this Web Site and the related services or any portion thereof at any time, without notice.
10.INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Fieldware, its subsidiaries, affiliates, owners, directors, employees, agents, and representatives from and against any and all losses, claims, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees and disbursements) in relation to or arising out of (a) your access to and/or use of the Fieldware Web Site and its Payment Services; (b) your breach of this agreement; and (c) your violations of applicable regulations or intentional unlawful conduct of any nature.
11.COPYRIGHT AND TRADEMARK NOTICES
All content of this Web Site is subject to copyright by Fieldware and/or its suppliers. All rights are reserved. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
12.GENERAL
Under the laws of California and certain other US states (i.e., Virginia), Fieldware is required to provide you with the following additional information about: (1) the purpose for which we use each the identifying information we collect; and (2) the third parties to which we disclose such identifying information for a business purpose. Under California law, “sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites, and “selling” is defined as the disclosure of personal information to third parties in exchange for monetary or other valuable consideration. We do not sell or share any of your identifying data, and it is only disclosed for a business purpose to Fieldware and its employees, Braintree and other PayPal companies, the Agency, your financial institution, card network or payment processor.
The California Consumer Privacy Act of 2018 (CCPA) permits consumers who are California residents to ask businesses covered under the CCPA about identifying data it has collected about the individual, to submit an access or deletion request, and to opt-out of the sale of personal information, if applicable. These provisions do not apply to personal information collected, processed, shared, or disclosed by financial institutions. We do not and will not share any identifying data we collect except to the extent permitted under California or any other state law.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A., and by accessing this Web Site and/or using the Payment Service you consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. for all disputes arising out of or relating to the use of this Web Site. Use of this Web Site and/or the Payment Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph, and in any jurisdiction in which you may not lawfully use the Payment Services.
Fieldware's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of its right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Fieldware with respect to such use.
If any part of this agreement 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fieldware with respect to use of the Fieldware Web Site or the Payment Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Fieldware. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.