ONLINE PAYMENT PORTAL

Terms & Conditions

PayFosterSwift.com is maintained to provide you with an internet-based method to submit a payment on an account that has been placed with Foster Swift Collins & Smith, PC. (Foster Swift).

Foster Swift is a law firm that provides debt collection services to creditors. This website is considered a communication from a debt collector attempting to collect this debt for the current creditor and any information obtained will be used for that purpose. Use of this website does not create an attorney-client relationship.

Your use of this online payment website is optional. Any payments made on www.PayFosterSwift.com (PayFosterSwift) are strictly voluntary.

By using PayFosterSwift, you understand and agree that your submission of personal data to create and submit a payment transaction is voluntary and you agree to these terms and conditions. Please read our Privacy Statement to become familiar with our information security practices regarding your visit to this website and the data that you will submit to create a payment transaction.

IF YOU DISPUTE THIS DEBT

The Federal Fair Debt Collection Practices Act (FDCPA) provides rights depending on when and how you dispute a debt or any portion thereof.

If you dispute this debt or any portion thereof, do not use this website. Instead, please call our office at 517-371-8300 or contact us at pay@fosterswift.com.

PROCEEDING USING THIS SITE

If you do not dispute this debt and you want to use PayFosterSwift website to create and initiate a payment transaction for processing against a debt, left click the □ next to the statement "I agree to the Terms of Website Use" and then left click on the NEXT Button. By marking the □ AND clicking NEXT you are agreeing that you understand and accept these Terms and Conditions of use, and the processing of a payment transaction that you create on subsequent web pages within PayFosterSwift website.

By using this website, you authorize Foster Swift to designate and direct payments to other entities in the course of processing and managing your transactions. You agree that all transactions are final and that you may not subsequently request a charge-back, or otherwise cancel or reverse a payment transaction, unless you do so prior to the date that payment will be withdrawn.

METHODS OF PAYMENT AND PROCESSING

PayFosterSwift accepts credit and debit cards from VISA, MasterCard, Discover and American Express.

Payments made through PayFosterSwift may take up to five (5) business days to clear or be fully executed. Accordingly, you should make payments at least five (5) business days in advance of any stated due date to ensure receipt prior to the due date.

This website is not a bank, savings and loan, or regulated financial institution. You will not receive any interest on payment amounts for the time that elapses between initial payment and the completion of any payment transaction. You are responsible for compliance with any agreements, terms and limitations applicable to your credit or debit card accounts.

OTHER

Foster Swift is not liable in the event a payment transaction is not completed for any reason, including but not limited to the lack of sufficient funds, our determination not to honor a payment authorization, or the failure of communications, hardware, software etc. Foster Swift reserves the right to take actions at its discretion, including the delay, suspension, reversal and/or termination of a transaction in the event that transaction is believed to be invalid or unauthorized due to fraud, mistake, violation of these terms, or any other reason.

DISCLAIMER

These Terms and Conditions of Website Use apply only to the online payment site www.PayFosterSwift.com. Foster Swift reserves the right to change these Terms and Conditions of Website Use, including the Privacy Statement cited within, at any time. No notice of change will be mailed to you – either via email or via U.S. Mail; therefore, you are encouraged to read these Terms and Conditions of Website Use before each use of this website.

LICENSE FROM FOSTER SWIFT

Foster Swift gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the PayFosterSwift website. This license is for the sole purpose of enabling you to use and enjoy the benefit of The PayFosterSwift website in the manner permitted by these Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the PayFosterSwift website or any part thereof— unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Foster Swift, in writing.

Unless Foster Swift has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the PayFosterSwift website, grant a security interest in or over your rights to use the PayFosterSwift website, or otherwise transfer any part of your rights to use the PayFosterSwift website.

CHILDREN UNDER 13

Foster Swift does not knowingly collect PII information from children under the age of 13. If you are under the age of thirteen you may not use this website.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT FOSTER SWIFT’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE FOSTER SWIFT SITE IS AT YOUR SOLE RISK AND THAT THE FOSTER SWIFT SITE ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

IN PARTICULAR, FOSTER SWIFT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

  • (A) YOUR USE OF THE FOSTER SWIFT SITE WILL MEET YOUR REQUIREMENTS,
  • (B) YOUR USE OF THE FOSTER SWIFT SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
  • (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE FOSTER SWIFT SITE WILL BE ACCURATE OR RELIABLE, AND
  • (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE FOSTER SWIFT SITE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOSTER SWIFT OR THROUGH OR FROM THE FOSTER SWIFT SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

FOSTER SWIFT FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-iNFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT FOSTER SWIFT, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

  • (A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR THE FOSTER SWIFT SITE, OR OTHER INTANGIBLE LOSS;
  • (B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  • (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE FOSTER SWIFT SITE;
  • (II) ANY CHANGES WHICH FOSTER SWIFT MAY MAKE TO THE FOSTER SWIFT SITE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE FOSTER SWIFT SITE (OR ANY FEATURES WITHIN THE FOSTER SWIFT SITE);
  • (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE FOSTER SWIFT SITE;
  • (III) YOUR FAILURE TO PROVIDE FOSTER SWIFT WITH ACCURATE ACCOUNT INFORMATION;

THE LIMITATIONS ON FOSTER SWIFT’S LIABILITY TO YOU IN THIS PARAGRAPH SHALL APPLY WHETHER OR NOT FOSTER SWIFT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

CHANGES TO THE TERMS

These Terms apply only to the online payments site www.PayFosterSwift.com. Foster Swift reserves the right to change these Terms at any time. Foster Swift will update the date at the top of this privacy notice when it is updated. No notice of change will be mailed to you – either via email or via U.S. Mail; therefore you are encouraged to read these Terms before each use of this website.

You understand and agree that if you use The Foster Swift Site after the date on which the Universal Terms or Additional Terms have changed, Foster Swift will treat your use as acceptance of the updated Universal Terms or Additional Terms.

GENERAL LEGAL TERMS

The Terms constitute the whole legal agreement between you and Foster Swift and govern your use of the PayFosterSwift website and completely replace any prior agreements between you and Foster Swift in relation to The Foster Swift Site.

You agree that Foster Swift may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on The Foster Swift Site.

You agree that if Foster Swift does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Foster Swift has the benefit of under any applicable law), this will not be taken to be a formal waiver of Foster Swift’s rights and that those rights or remedies will still be available to Foster Swift.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The Terms, and your relationship with Foster Swift under the Terms, shall be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. You and Foster Swift agree to submit to the exclusive jurisdiction of the courts located within the county of Ingham, Michigan to resolve any legal matter arising from the Terms and that any action must be brought by the user within one (1) year following the date the claim first accrued, or shall be deemed waived. Notwithstanding this, you agree that Foster Swift shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Copyright 2019, Foster Swift Collins & Smith, PC