Site Terms

Welcome to the EveryBill payment website (the "EveryBill Site"). Live Management, LLC d/b/a EveryBill ("EveryBill") provides the EveryBill Site to you subject to the following terms of use ("Site Terms"). By visiting the EveryBill Site, you accept the Site Terms. Please read them carefully. In addition, when you use any current or future EveryBill services, content or other materials, you also will be subject to the EveryBill Customer Agreement or other agreement governing your use of our services (the "Agreement").

This Exhibit E states the master Site Terms. Each client-branded payment website (for example, [client].everybill.com or pay[client].com, operated for [Client legal name]) may use a tailored variant of these Site Terms that reflects the client's name and branding while remaining consistent with this master form. Bracketed values are placeholders to be completed for each client site.

1. Privacy.

Please review our Privacy Policy, available at https://everybill.com/privacy-policy, which also governs your visit to the EveryBill Site, to understand our practices.

2. Electronic Communications.

When you visit the EveryBill Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the EveryBill Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Please review our E-Sign Disclosure and Consent Notice, which also governs your visit to the EveryBill Site, to understand our practices.

3. Copyright.

All content included on the EveryBill Site — such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software — is the property of EveryBill or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the EveryBill Site is the exclusive property of EveryBill and protected by U.S. and international copyright laws. All software used on the EveryBill Site is the property of EveryBill or its software suppliers and protected by United States and international copyright laws.

4. Trademarks.

“EveryBill,” “Live Management,” “Advanced Payment Collection,” “Enterprise Payment Management,” “Payment Science,” “Check Draft,” “Payment Website,” payment website domain formulations such as “pay[client].com,” “[client]payment.com,” and “[client]webpay.com,” and other EveryBill graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of EveryBill in the U.S. and/or other countries. EveryBill’s trademarks and trade dress may not be used in connection with any product or service that is not EveryBill’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EveryBill. All other trademarks not owned by EveryBill that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EveryBill.

5. Patents.

One or more patents owned by Live Management, LLC d/b/a EveryBill or its affiliates may apply to the EveryBill Site and to the features and services accessible via the EveryBill Site. Portions of the EveryBill Site may operate under license of one or more patents.

6. License and Site Access.

EveryBill grants you a limited license to access and make personal use of the EveryBill Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of EveryBill. This license does not include any resale or commercial use of the EveryBill Site or its contents; any derivative use of the EveryBill Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by EveryBill in a separate license, your right to use any software, data, documentation or other materials that you access or download through the EveryBill Site is subject to these Site Terms or, if you have an EveryBill account, the Agreement.

The EveryBill Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EveryBill. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EveryBill without express written consent. You may not use any meta tags or any other “hidden text” utilizing EveryBill’s name or trademarks without the express written consent of EveryBill. Any unauthorized use terminates the permission or license granted by EveryBill. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the EveryBill Site, so long as the link does not portray EveryBill, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any EveryBill logo or other proprietary graphic or trademark as part of the link without express written permission.

7. Your Account.

If you use the EveryBill Site, you are responsible for maintaining the confidentiality of your EveryBill account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EveryBill reserves the right to refuse service, terminate accounts, and remove or edit content in its sole discretion.

8. Reviews, Comments, Communications, and Other Content.

Visitors may post reviews, comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. EveryBill reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant EveryBill a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and the right to use the name you submit in connection with such content.

You and third parties may be permitted to upload certain software, data, text, audio, video, images or other content (“Third Party Content”) to community areas of the EveryBill Site. You acknowledge that (a) EveryBill has not tested or screened Third Party Content, (b) your use of any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content. You represent and warrant that you own or otherwise control all of the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the EveryBill Indemnified Parties (meaning Live Management, LLC d/b/a EveryBill, its affiliates, licensors, and each of their respective members, managers, officers, directors, employees, contractors, agents, representatives, successors, and assigns) for all claims resulting from content you supply.

9. Disclaimer of Warranties and Limitation of Liability.

THE EVERYBILL SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY EVERYBILL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. EVERYBILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE EVERYBILL SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EVERYBILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EVERYBILL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE EVERYBILL SITE, INCLUDING DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT.

10. Applicable Law.

By visiting the EveryBill Site, you agree that the laws of the State of Rhode Island, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and EveryBill.

11. Disputes.

Any dispute relating in any way to your visit to the EveryBill Site or to services provided by EveryBill or through the EveryBill Site, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500, shall be adjudicated in any state or federal court in Providence County, Rhode Island, and you consent to exclusive jurisdiction and venue in such courts.

12. Site Policies, Modification, and Severability.

Please review our other policies on the EveryBill Site (including those posted at https://everybill.com/legal). These policies also govern your visit to the EveryBill Site. We reserve the right to make changes to the EveryBill Site, policies, and these Site Terms at any time. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

13. Our Address.

Live Management, LLC d/b/a EveryBill, 1 Blanding Avenue, East Providence, RI 02914.