Terms of Use

Definitions

Welcome to www.viewpost.com, a website with associated mobile applications that offers electronic invoice and payment services to businesses. Viewpost.com, and all text, graphics, photographs, designs, associated mobile device applications, and other elements thereof, and all code incorporated therein (collectively, the “Viewpost Site”), including all services, features, content, promotions and other offerings (collectively, the “Viewpost Services”) are operated by Viewpost North America, LLC and its affiliates and subsidiaries (collectively “we”, “us”, “our”, or “Viewpost”).

Acknowledgement and Acceptance of Terms

Your access to and use of the Viewpost Site and Viewpost Services are subject to the terms and conditions set forth on this page (“Terms”). You agree that in consideration for Viewpost permitting you to register on the Viewpost Site and use the Viewpost Services, you are entering into a legally binding agreement with Viewpost based on these Terms, the Viewpost Privacy Policy, and the terms of any other agreement applicable based on the Viewpost Services you use, including without limitation, the Viewpost Payment Terms and the Viewpost End User License Agreement. Please read these Terms carefully. Viewpost will occasionally update these Terms. When we do, we will also revise the “last updated” date at the bottom of this page. To the extent Viewpost makes any change to the Terms it deems to be material, you will receive a notice via email, on the Viewpost Website, or through the Viewpost service platform prior to the change becoming effective. These Terms will remain in effect after termination of your use of the Viewpost Site and Viewpost Services. If you do not accept these Terms, do not access or use the Viewpost Site and Viewpost Services.

General Eligibility

A Viewpost Business Account is for use by commercial entities only and for commercial purposes only.  A Viewpost Business Account may not be used for any personal, family, household, or other consumer purpose whatsoever, and no individual acting on his or her own behalf may use the Viewpost Services except to submit invoices and/or receive payment for goods and services rendered on a commercial basis (for example, without limitation, as a sole proprietor).  To be eligible to access and use a Viewpost Business Account, you must meet the following criteria and hereby represent and warrant that you: (i) are a duly organized, validly existing corporation, partnership, sole proprietorship, or similar commercial entity, that is in good standing in a jurisdiction within the United States where you were formed or organized, or are using the Viewpost Services solely to invoice or receive payment for goods and services provided on a commercial basis, (ii) have full power and authority to enter in and perform this Agreement, and in doing so will not violate any other agreement to which you are a party, (iii) are acting through a duly authorized representative that has reached the age of majority, (iv) are not currently prohibited from accessing or using the Viewpost Services, (v) other than an Electronic C2B Payment, will not permit the Viewpost Services to be used by a consumer or for any consumer purpose, including, but not limited to, any personal, family, or household purpose, and (vi) agree to provide at your cost all equipment, software, and Internet and mobile services necessary to access and use the Viewpost Services. The Viewpost Services may be used by individuals on a limited basis only to pay those commercial entities that have sent the individuals an electronic invoice as an Electronic C2B Payment.

Registration

You may access the Viewpost Site as a visitor without registering with the Viewpost Site (“Visitor”).  Visitors may view certain public sections of the Viewpost Site.  If you are a representative of a commercial entity who complies with all eligibility requirements, and hold authority to bind legally such entity, you may register with the Viewpost Site to become a registered user on behalf of the entity (“User”).  Users may access all public sections of the Viewpost Site available for general viewing, and use the Viewpost Services, subject to additional terms and conditions that may apply to certain Viewpost Services.  When you register as a User, you create an account that is associated with your username, password, and other identifying information (“Viewpost Business Account”). Electronic C2B Payments are for use only by individuals for personal, family, household or other consumer purposes who are residents of the United States of America and who have been invited by a merchant to use the Viewpost Merchant Payment Service. If you have an Electronic C2B Payments account, you will have limited access to sections of the Viewpost Site and will subject to additional terms and conditions that may apply to Electronic C2B Payments. By registering, you agree to provide true, accurate, current, and complete information as prompted by the registration form.  If any information provided by you is untrue, inaccurate, not current, or incomplete, Viewpost may, at any time, reject your registration, terminate your right to access and use the Viewpost Site and Viewpost Services, and/or take any and all other actions Viewpost considers appropriate, including, without limitation, contacting law enforcement or applicable regulatory agencies.

Termination

You or Viewpost may at any time, for any or no reason, terminate your account and your right to access and use the Viewpost Site and Viewpost Services; however, these Terms shall remain in effect after termination of your account for any reason.  We may communicate such termination to any financial institution you have registered with the Viewpost Services.

Credentials

You agree to: (i) keep your username and password secure and confidential; (ii) not permit others to use your account; (iii) refrain from using other Users’ accounts; (iv) refrain from selling, trading, or otherwise transferring your account to another party; (v) refrain from charging anyone for access to any portion of the Viewpost Site or the Viewpost Services; and (vi) review and, should they be appropriate for your business, implement the security measures as detailed on our Security site under Fraud Protection, Identity Theft and Phishing Awareness. You are responsible for anything that happens through your account. You are responsible for maintaining adequate security and control of any and all usernames, passwords, personal identification numbers (PINs), challenge question responses, and/or any other codes or devices that you use to access the Viewpost Site and Viewpost Services.

Security and Identity Authentication

You authorize Viewpost, directly or through third parties, to make any inquiries we consider necessary to confirm your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, geo-location and/or other identifying information, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying the information you submit to us against third-party databases or through other sources. You acknowledge that some of these sources may include methods that are implemented without your knowledge, and some sources may include methods that are performed as you use the Viewpost Site or Viewpost Services, such as the use of anti-virus and/or anti-fraud technology. If Viewpost cannot validate the information you provide, your use of the Viewpost Services may be restricted or terminated. Viewpost reserves the right to monitor all network traffic to the Viewpost Site to identify and, as determined by Viewpost, to block unauthorized attempts or intrusions to upload or change information or cause any damage to the Viewpost Site or Viewpost Services in any manner. By accessing the Viewpost Site or Viewpost Services, you consent to such monitoring. You agree that the procedures provided for in these Terms (as well as those identified in the Viewpost Privacy Policy) to protect personal information and to verify the identity of Users constitute commercially reasonable website security and User verification procedures. Viewpost does not guarantee the identity of any User or guarantee that any User will be or is authorized to complete any transaction. You agree that you are responsible for any additional verification procedures and security you deem necessary. To the extent a User declines additional security controls offered by Viewpost, including, but not limited to, dual factor authentication or dual approval for payments, User assumes the additional risk. You acknowledge that there are risks inherent in use of the Internet that could result in the loss or compromise of User Data and Content (as defined below).

Use of the Viewpost Site and Viewpost Services

The Viewpost Site includes data, text, software, audio, images, photographs, graphics, video, messages, files, software, or other materials (collectively, the “Viewpost Site Content”). The Viewpost Site Content may include certain materials that may be owned by third parties (“Third Party Content”) or may comprise User Data and Content (as defined below). The Third Party Content may be subject to terms and conditions in addition to these Terms (“Third Party Terms”). The Viewpost Site Content is presented solely for the purpose of providing the Viewpost Services. Viewpost is the sole interpreter of the Viewpost Site’s intended and acceptable use and purpose. The Viewpost Site may be reproduced or transmitted only as provided in these Terms or in the applicable Third Party Terms, or with the express written consent of Viewpost. Viewpost grants Users a revocable, non-transferable, non-exclusive right, with no right to sublicense, to access and view, display, print (in the case of text and graphics) and listen to the Viewpost Site Content for the permitted use and purpose described herein, subject to the following conditions and the specific software license provided below: You may NOT: (i) sell, redistribute, encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Viewpost Site Content, or any portions thereof, to anyone without the prior written consent of Viewpost; (ii) reverse-engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of, or create derivative works from the Viewpost Site Content; and (iii) remove, disable or circumvent any security protections, proprietary notices or labels contained on or within the Viewpost Site. For the avoidance of doubt, the license granted herein does not grant you any right to use the trademarks, service marks, or logos of Viewpost. Use of any Viewpost software you have downloaded to your computer, device, or other platform is subject to the Viewpost End User License Agreement. viewpost does not own, control nor have any responsibility or liability for any third party software application you elect to use on the viewpost site and/or in connection with the Viewpost Services. Nothing contained on the Viewpost Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Viewpost Site or any Viewpost Site Content, through the use of framing, “deep linking,” use of a “robot,” “bot,” “spider,” “data mining” or similar automated method, or otherwise, except: (i) as expressly permitted by these Terms; or (ii) with the prior written permission of Viewpost or such third party that may own the trademark or copyright of the relevant material displayed on the Viewpost Site. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the public content of the Viewpost Site for use in connection with leading search engines and Internet directories.

Restrictions

You may not use the Viewpost Site or the Viewpost Services to (i) engage in any illegal activity or the planning of any illegal activity, (ii) export or re-export any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (iii) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (iv) interfere with, disrupt or attempt to gain unauthorized access to other accounts on the Viewpost Site or any other computer network; (v) disseminate or transmit viruses, worms, Trojan horses, or any other malicious or invasive code or program; (vi) engage in the promotion of hate, violence, racial intolerance or the financial exploitation of a crime; or (v) engage in any other activity deemed by Viewpost to be in conflict with the spirit or intent of the Viewpost Site or Viewpost Services. You may not use the Viewpost Services if your business is primarily engaged in any of the following: adult entertainment services, gambling, illegal drugs (including marijuana and substances that mimic the effects of illegal drugs) and drug paraphernalia, internet gun sales, wholesale dealing in jewels, precious metals and stones, virtual currency, and payday and auto title lending. Viewpost reserves the right to refuse to complete any Payment you initiate using the Viewpost Services. Viewpost payment services from a Viewpost Business Account may be used only by commercial entities to facilitate the payment for amounts owed for goods and services procured for commercial purposes (and may not be used for any personal, family, household, or other consumer purpose). An Electronic C2B Payment may be used for personal, family, household or other consumer purposes. You many not use the Viewpost Site or the Viewpost services as a funds transfer or money-transmission service or to engage in transactions involving (i) the sale of goods and services that require a government-issued license without the proper license to do so, (ii) stolen goods, (iii) items that may infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction; (iv) items that may be considered obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious.

Information Privacy

The Viewpost Privacy Policy specifies how Viewpost collects, stores, uses and shares the personal information of the Users of the Viewpost Site.

User Data and Content

Each User is solely responsible for all data, text, software, audio, images, photographs, graphics, video, messages, files, or other materials that are transmitted, posted, processed, distributed, or otherwise made available by such User on, through, or in connection with the Viewpost Site, such as through our support chat tool, or the Viewpost Services (collectively, “User Data and Content”). By submitting User Data and Content:

• You agree to submit User Data and Content for only those purposes permitted by Viewpost.
• You agree not to submit any personal information except to the extent required to access and use the Viewpost Services.
• You agree not to knowingly submit User Data and Content that infringes in any way or violates any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party.
• You agree not to submit User Data and Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or is otherwise objectionable, as determined by Viewpost in its sole discretion.
• You agree to access and use the Viewpost Site and Viewpost Services honestly and in compliance with the law. You are prohibited from impersonating any other person or entity, including, but not limited to, an agent, employee, or officer of Viewpost. You are also prohibited from circumventing, or otherwise attempting to circumvent, any obligations arising from your use of the Viewpost Site or Viewpost Services. You may not intentionally or unintentionally violate or intend to violate any applicable law while using or accessing the Viewpost Site or in connection with your use of the Viewpost Services, in any manner.
• You agree that you are prohibited from using the Viewpost Site and Viewpost Services to invade the privacy or violate any personal or proprietary right of any person or entity.
• You agree that the User Data and Content does not contain a virus or other harmful code or device. You may not use the Viewpost Site to transmit or otherwise facilitate the transmission of spam or other multiple mailings.
• You agree that you are responsible for maintaining all records of your User Data and Content, including, without limitation, your use of the Viewpost Site and Viewpost Services and any records required to be maintained pursuant to law. Viewpost is not obligated to retain any User Data and Content or maintain other records on your behalf, and Viewpost makes no representations or commitments as to the ongoing availability of historic User Data and Content beyond what is available on the Viewpost Site, however, User Data and Content available through the Viewpost Site is usually available for two calendar years in addition to the current year. Older User Data and Content that previously was available through the Viewpost Site may be retrieved, and if so, can be provided for a fee..

We require certain rights to the User Data and Content to make available the Viewpost Site and Viewpost Services to others. By submitting User Data and Content, you hereby grant Viewpost a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the User Data and Content in any manner and for any purpose in connection with the Viewpost Services. Some examples of use of User Data and Content could include rendering check images, logos, and the verbiage of your accounts payable/receivable information. By submitting User Data and Content to us, you represent and warrant that you have sufficient rights in the User Data and Content to grant such license and make such submission.

Viewpost Site Content

You acknowledge that Viewpost is not responsible for User Data and Content submitted to the Viewpost Site by Users. Although Viewpost does not review, monitor or edit the User Data and Content, Viewpost reserves the right at its sole discretion, but is not obligated, to refuse or remove any User Data and Content, in whole or part, for any reason. Viewpost is not responsible for any removal of User Data and Content or failure or delay in removing User Data and Content. By using the Viewpost Site you understand and agree that you may be exposed to User Data and Content posted by other Users that you may find to be inaccurate, offensive, indecent or objectionable in some way. Under no circumstances will Viewpost be liable in any way for any User Data and Content, including, but not limited to, liability for any errors or omissions in any User Data and Content or for any loss or damage of any kind incurred as a result of the use of any User Data and Content posted, emailed or otherwise transmitted via the Viewpost Site or Viewpost Services.

Modifications to the Viewpost Site

Viewpost reserves the right at any time to modify or discontinue, temporarily or permanently, the Viewpost Site and Viewpost Services, or any part of the Viewpost Site and Viewpost Services, with or without notice and without cost. Furthermore, the Viewpost Site and Viewpost Services may become unavailable due to suspension of the Internet, or maintenance or malfunction of computer equipment or other reasons. You agree that Viewpost will not be liable to you or to any third party for any modification, suspension, malfunction, or discontinuance of the Viewpost Site and Viewpost Services.