WEBSITE USER AGREEMENT AND PRIVACY POLICY

CGS Services, Inc. and its affiliates (“CGS,” “we,” “our,” or “us”) maintain this website (the “Site”) which provides services, including payment services (“Services”) and information to you subject to the following terms and conditions (“Terms of Use”) contained in this agreement (“Agreement”). These Terms of Use govern your use of the Site and Services. Please read the Terms of Use carefully. Your use of the Site signifies your agreement to these Terms of Use. Separate terms and conditions may apply to other CGS services or business transactions.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may choose to communicate with you by e-mail, text messaging, or by posting notices on the 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.

INTELLECTUAL PROPERTY

Trademarks. The trademarks, trade dress, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of CGS, its affiliates, its third-party licensors and others. You are not permitted to use any of the Trademarks displayed on the Site, without the prior, express written consent of CGS, its affiliates, or the third-party licensors that may own the Trademark. You may not use any hyper or HTML links, meta tags, or any other “hidden text” utilizing CGS’s or its affiliates’ name or Trademarks without the express written consent of CGS, its affiliates, or third-party licensors. All rights reserved.

Sites Materials. All Trademarks, and materials displayed on, or contained within the Site, including, but not limited to, layout, color schemes, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic or digital materials, and names (collectively, the “Materials”), are the property of CGS, its affiliates, or its licensors and are protected by copyright, trademark, patent, and all other applicable intellectual property laws. You acknowledge and agree that the Site and the Materials are the property of CGS, its affiliates, and licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights, or other intellectual property on the Site or in the Materials. You may download a copy of the Materials for your personal non-commercial use. You may not frame or utilize framing techniques to enclose any Materials or Trademark or other proprietary information (including images, text, page layout, or form) of CGS or its affiliates without the express written consent of CGS.

Any copies that you make of the Materials must retain all our copyright and other notices. Except as expressly provided for in this Terms of Use, you may not (a) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast, circulate, or otherwise exploit any content on the Site, including, but not limited to, any Materials, in whole or in part, to any third party; (b) participate in the transfer, license, or sale of any content on the Site, including, but not limited to, the Materials; or (c) create derivative works or in any way exploit any content on the Sites, including, but not limited to, the Materials. No portion of the content on the Site may be stored in a computer except for personal and non-commercial use. All rights not expressly granted herein are reserved.

PERMISSIBLE USE

You agree that you will not use the Site: (a) to delete, modify, hack or attempt to change or alter any of the Materials on the Site; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (e) to infringe or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Site, other websites, or the Internet; (i) to collect or track the personal information of others; (j) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of our Site, other websites, or the Internet. We reserve the right to terminate your use of our Site for violating any of the prohibited uses. We may fully cooperate with any law enforcement agency or authorities, or court order requesting or directing disclosure of the identity of anyone suspected of use of the Site for illegal purposes.

YOUR OBLIGATION

By using the Site, you represent and warrant that: (a) you are the age of majority in your place of residence, and have the power and authority to accept this Terms of Use and to enter into this agreement with CGS; (b) you are capable of assuming, and do assume, any risks related to the use of the Materials on the Site; and (c) you understand and accept the terms, conditions and risks relating to the use of the content and Materials on the Site.

If you are under the age of majority, you may use the Site only with permission and involvement of a parent or guardian. CGS and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.

PAYMENT SERVICES

Payment Authorization and Payment Remittance.  By providing CGS with your account information, you authorize us to debit your payment account in the amount you instruct. If you choose to utilize a payment account that is a credit card account, you understand and acknowledge that we do not perform any identity verification on such credit card accounts.  You certify and confirm that any payment account you specify for use is an account from which you are authorized to make bill payments, and any bill payment you make using the Services will debit/charge the payment account that you are legally authorized to use.

We will use our reasonable efforts to debit your payment account properly. However, we shall incur no liability if we are unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:

a.   If your payment account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of your payment account;

b.   The payment processing center is not working properly and you know or have been advised by us about the malfunction before you execute the transaction;

c.   You have not provided us with the correct payment account information; and/or,

d.   Circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and we have taken reasonable precautions to avoid those circumstances.

Provided none of the foregoing exceptions are applicable, if the Services cause an incorrect amount of funds to be removed from your payment account, CGS shall return the improperly transferred funds to your payment account, but shall have no other liability regarding the incorrect payment.

Payment Methods.   We reserve the right to select the method by which you remit funds to us. These payment methods may include, but may not be limited to, an electronic payment, an electronic to check payment, or a laser draft payment.

Payment Cancellation Requests.   Once we have begun processing any bill payment, it cannot be cancelled or edited; therefore a stop payment request must be submitted.

Failed or Returned Transactions.   In using the Services, you are authorizing CGS to make payments for you from a designated payment account. If we are unable to complete the transaction for any reason associated with your payment account (for example, there are insufficient funds in your payment account to cover the transaction), the transaction may not be completed. You authorize us to attempt to present your transactions up to three (3) times against your payment account if the first and second attempts are returned as unsuccessful. We would seek additional authorization from you for any additional attempts to present your transaction against your payment account in the event the three (3) initial attempts are unsuccessful. In each such case, you agree that:

a.   You will reimburse us immediately upon demand for the transaction amount that has been returned;

b.   For any amount not reimbursed to us within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;

c.   You will be assessed a $15.00 fee by us if the transaction is returned because you have insufficient funds in your payment account to cover the requested bill payment, upon our   first attempt to present the transaction against your payment account. You hereby   authorize us to deduct this amount from your designated payment account by ACH debit;

d.   You will reimburse us for any fees or costs we incur in attempting to collect the amount of the return from you; and

e.   We are authorized to report the facts concerning the return to any credit reporting agency.

Password and Security.   If you are issued or create any password or other credentials to access the Services or the portion of the Site through which the Services are offered, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided or made available such credentials, whether intentionally or inadvertently. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Site or Services without your consent, you must inform us immediately.

SUBMITTING OR POSTING CONTENT

The Site may provide you and other users an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, or material to us, the Site or others (“Post;” “Posting” or “Postings”). By Posting, you grant us a royalty-free, worldwide, non-terminable, non-exclusive license to use, reproduce, modify, adapt, edit, market, publish, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote such Posts (in whole or in part) in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes including, without limitation, the right to publish your name in connection with your Post; and the right to sublicense any or all of these rights. You acknowledge that we own all right, title, and interest in any compilation, collective work, or other derivative work created using or incorporating the Post. Please remember that you are ultimately responsible for all of your Postings and you warrant and represent that: (a) the Post does not and will not infringe on any copyright or any other third party right nor violate any applicable law or regulation; (b) you have the right to grant any and all necessary rights and licenses provided herein, including without limitation, all necessary, releases, copyright and other related rights to the Post, free and clear of all claims and encumbrances without violating the rights of any person or entity, including any right to privacy or publicity; and (c) that each person depicted in any picture or photograph that you submit as part of the Post, if any, has provided consent to the use of the photograph. No compensation will be paid for the use of your Post, including, without limit, any photograph you may provide, and your Posts will not be returned to you, and will not be treated as confidential information.

Postings do not reflect the views of CGS or its affiliates. We have no obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site. At its sole discretion, CGS reserves the right to remove any Posting from the Site.

NO ENDORSEMENT OF THIRD PARTY SITES

The Site may contain links to or references to third party websites, resources, and advertisers (collectively, “Third Party Sites”). Your linking to such Third Party Sites is at your own risk. Under no circumstances shall CGS be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. CGS also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services, or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the Site. You should direct any concerns to the respective Third Party Site’s administrator or webmaster.

COPYRIGHTS AND DIGITAL MILLENNIUM COPYRIGHT ACT

Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated our attorney as our agent to receive copyright infringement notices for claims of infringement related to materials found on our Site. Our designated attorney is J. Lee McNeely at McNeely Stephenson Thopy & Harrold. Our attorney can be reached at McNeely Stephenson Thopy & Harrold, Attn: J. Lee McNeely, 2150 Intelliplex Drive, Suite 100, Shelbyville, Indiana 46176.

DMCA Infringement Notification. To be effective, your infringement notification must include the following:

a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

c. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;

d. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;

e. The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and

f. The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

Upon receipt of the written notification containing the information as outlined in 1 through 6 above:

a. CGS will remove or disable access to the content that is alleged to be infringing;

b. CGS will forward the written notification to the alleged infringer; and

c. CGS will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.

DMCA Infringement Counter Notification. Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from CGS, the alleged infringer will have the opportunity to respond to CGS with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to CGS’s designated copyright agent, and must include the following:

a. A physical or electronic signature of the alleged infringer;

b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

c. The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and

d. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the federal district court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is outside of the United States, or any judicial district in which CGS may be found, and that the alleged infringer will accept service of process from the person who provided notification or an agent of such person.

Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on our network.

TERMINATION/REMOVAL

CGS may, in its sole and absolute discretion, terminate your password, account (or any part thereof), or your access to the Site, or remove and discard any of your Postings, communications transmitted by you, or information stored, sent, or received via the Site without prior notice and for any reason, including, but not limited to: (a) concurrent access of the Site with identical user identification numbers, (b) permitting another person or entity to use your user identification number to access the Site, (c) any other access or use of the Site except as expressly provided in these Terms of Use, (d) any violation of the Terms of Use or the rules and regulations relating to the use of the software and/or data files contained in, or accessed through, the Site, (e) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site, (f) failure to use the Site or portions thereof on a regular basis, or (g) submitting Postings that are off topic or not in accordance with the mission or best interest of the Site. Termination, suspension, or cancellation of these Terms of Use or your access rights shall not affect any right or relief to which CGS may be entitled, at law or in equity. Upon termination of these Terms of Use, all rights granted to you will automatically terminate and immediately revert to CGS and its licensors.

DISCLAIMER OF WARRANTIES

CGS and its affiliates attempt to be as accurate as possible. However, CGS does not warrant that descriptions of services or other content on the Site is accurate, complete, reliable, current, or error-free. Neither CGS nor its affiliates are responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

THE SITES ARE PROVIDED BY CGS AND ITS AFFILIATES ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CGS, ITS AFFILIATES, AND ITS LICENSORS, MAKE NO RESPRESENTATION AND DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. CGS AND ITS AFFILIATES DO NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM CGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CGS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CGS, ITS AFFILIATES AND EACH OF THEIR LICENSORS, ASSUME NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. CGS AND ITS AFFILIATES RESERVE THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS, OR TO WITHDRAW OR DELETE ANY CONTENT, IN ANY PORTION OF THE SITES AT ANY TIME WITHOUT NOTICE.

CGS AND ITS AFFILIATES MAY MAKE ANY OTHER CHANGES TO THE SITE AT ANY TIME WITHOUT NOTICE. CGS AND ITS AFFILIAITES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, INCLUDING ANY SERVICES AND ITS CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF “COOKIES” AND TRACKING TECHNOLOGY. CGS AND ITS SERVICE PROVIDERS MAY USE INDUSTRY PRACTICES AND METHODS, INCLUDING COOKIES, CLEAR GIFS, WEB BEACONS, IP ADDRESSES, AND LOG FILES, AND OTHER TRACKING TECHNOLOGY (“WEB TRACKING TECHNOLOGY”), TO ENABLE CGS TO REVIEW VISITORS AND PAGES THAT A USER VISITS DURING EACH SITE SESSION. CGS MAY LINK INFORMATION GATHERED USING WEB TRACKING TECHNOLOGY TO PERSONAL INFORMATION. YOU CONSENT TO THE USE OF SUCH WEB TRACKING TECHNOLOGY AND CONSENT TO ALL LEGAL USES OF PERSONAL AND NON–PERSONAL INFORMATION GATHERED THROUGH TRACKING TECHNOLOGY USED ON THE SITE OR BY CGS’S THIRD-PARTY SERVICE PROVIDERS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE OR SITE MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING WITHIN ONE (1) YEAR OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED AND THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT OF POCKET DAMAGES UP TO A MAXIMUM OF $500 (FIVE HUNDRED DOLLARS). THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, REPRESENTATIVES, AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THIS TERMS OF USE.

INDEMNIFICATION

You agree to indemnify, defend and hold CGS and its affiliates, and their respective officers, directors, owners, employees, agents, information providers, and licensors (collectively the “Indemnified Parties,” or individually, “Indemnified Party”) harmless from and against any and all claims, liability, losses, actions, suits, costs, and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of this Terms of Use. CGS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CGS’s defense of such claim. CGS and its affiliates have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, this Terms of Use or the Site.

RELEASE

All users of our Site acknowledge and agree that each Indemnified Party is released, discharged, and held harmless from any and all liability from third-party claims made in connection with the Site, including, without limitation, wrongful death and personal injury, money damages, out-of-pocket and court costs, attorneys’ fees, damage to tangible property or reputation, including, without limitation, libel, defamation, right of publicity and invasion of privacy. CGS reserves its right to all forms of equitable and legal relief related to fraud or illegal activity connected to the use of our Site.

LIMITATIONS ON ACTIONS

You agree that any claim or cause of action arising out of your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by CGS or its affiliates to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.

DISPUTES

Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in the exclusive jurisdiction of Shelby or Marion County, Indiana except that, to the extent you have in any manner violated or threatened to violate CGS’s intellectual property rights, CGS may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction in Shelby or County, Indiana and you consent to such exclusive jurisdiction and venue. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and must be entered as a judgment in any court of competent jurisdiction in Shelby County, Indiana. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms of Use, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law.  In all cases, whether resolved by arbitration or litigation, each party shall pay its own attorneys’ fees, costs, and expenses.

Each party hereby consents (a) to the exclusive jurisdiction of the courts in Shelby County, Indiana for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law.

AMENDMENT

We reserve the right to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site, including, but not limited to, changes to the applicable fees and charges for the Services. Such amendments, modifications, additions, and/or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. You agree to the new posted terms of the Agreement by continuing your use of the Site. You agree to review the Agreement periodically and your continued use of the Site following such modification will indicate your acceptance of any modified Agreement. If you do not agree with the modified Agreement, your sole and exclusive remedy is to discontinue using the Site.

COMPLETE AGREEMENT, SEVERABILITY, CAPTIONS, AND SURVIVAL

This Agreement sets forth the entire understanding between us and you with respect to the Site and Services.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The captions of Sections hereof are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. Any terms which by their nature should survive, will survive the termination of this Agreement.

ASSIGNMENT

You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent, which we may withhold in our sole discretion. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time to any party. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.

NO WAIVER

We shall not be deemed to have waived any of our rights or remedies hereunder unless such waiver is in writing and signed by one of our authorized representatives. No delay or omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

PRIVACY POLICY

Introduction.  This Privacy Policy describes the types of “Personal Information” (information that is identifiable to a particular person) that is collected (directly or through service providers) in connection with products and Services offered through the Site and how that Personal Information is used, shared and protected. Some of this information is required by U.S. federal or other law.

Eligibility. The Site and the Services are offered only to individual residents of the United States and for certain services, its permitted territories, who can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and Services are not offered to minors. Other restrictions and eligibility requirements for certain Services apply as described in the Terms of Use or other disclosures on the Site. We do not knowingly collect any Personal Information from or about individuals under 18 years of age. Please do not submit such information to us, and as a parent or legal guardian, please do not allow your children to submit personal information without your permission. By using the Site and/or the Services, you represent that you meet these requirements and that you agree to the terms of this Privacy Policy.

Scope.  This Privacy Policy applies only to the Site and the Services offered through it.

Cookies, Browser Information and Related Issues.

  1. When you visit the Site, we may receive certain standard information that your browser sends to every website you visit, such as the originating IP address, browser type and language, access times and referring website addresses, and other such information. This data may be used, among other uses, to improve the operation of the Site and to improve the security of the Site and Service by assisting in “authenticating” who you are when you access the Site or Service, particularly if you register for a Service and are issued or create a username and password.
  1. We may also receive additional information about your visit to the Site, including the pages you view, the links you click and other actions you take in connection with the Site and the Services. This data may be used, among other uses, to improve the operation of the Site and the Services.
  1. Like most websites, the Site also uses “cookies,” which are small data files placed on your computer or other device by the web server when you visit the Site. Most such cookies are “session” cookies that are only used for a specific period during which you are on the Site, but a few are “persistent” cookies that stay on your hard drive and are read by the web server when you return to the Site (unless you erase them). The Site uses cookies to store your preferences and other information on your computer in order to save you time by eliminating the need to repeatedly enter the same information and to display your personalized content on your later visits to the Site. These cookies are linked to Personal Information about you, such as your email address. Cookies cannot and will not be used to deliver or run programs on your computer. Most web browsers automatically accept cookies, but you can modify your browser settings to decline cookies if you prefer. However, if you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site that depend on cookies.
  1. You may encounter our cookies or pixel tags on websites that we do not control. For example, if you view a web page created by a third party or use an application developed by a third party, there may be a cookie or pixel tag placed by the web page or application.

Advertising. The Site displays advertisements, some of which are displayed by us and some of which are displayed by third party ad serving companies. When you click on an ad placed by an ad serving company, they may receive certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, access times and referring website addresses. This information does not identify you or your computer uniquely, but may be used to personalize ad content to some degree based on location and the like. Both we and the ad service companies may also place a persistent cookie on your computer in order to recognize your computer when displaying ads, in order to avoid excessively repetition of ads and to further personalize the content of ads displayed to you. If you prefer, but you can modify your browser setting to decline cookies, and many of the ad serving companies offer you a way to opt-out of cookies as well. We may further personalize the ads it displays to you based upon information we already have in your account (such as displaying an ad for services offered by your bank or an ad for a company that offers services in your state or zip code), but we do not share that information with the company placing the ad or an ad serving company. When we display personalized ads, we take a number of steps designed to protect your privacy. For example, we store page views, clicks and search terms used for ad personalization separately from your contact information or other data that directly identifies you (such as your name, e-mail address, etc.). When you click on an ad, it may launch a web form inviting you to enter information about yourself, and the Site will automatically pre-fill that information into the web form for you, but the information will not be sent to a third party until you send it. Ads may also contain hypertext links leading to separate Web sites operated by others. If you click through to those other Web sites, this Privacy Policy will not apply to your activities on such sites or any Personal Information that may be collected through them, so you should review the Privacy Policies on those sites before submitting Personal Information to them.

 

Types of Personal Information We May Collect. In addition to the types of information described in the “Cookies” and “Advertising” sections of this Policy, we may also collect Personal Information about you, depending on the Services you use. This information may include:

  1. Social security number, date of birth, name, postal address, e-mail address, telephone number, and other information that we can use to contact you, verify your identity, and manage risks, such as information maintained about you by identity verification services and consumer reporting agencies, including credit bureaus;
  1. Bank account information (checking, money market or other direct deposit account, credit card account, or debit card account, including any required routing information), including account numbers, account balances, and transaction history) for accounts that you designate for sending or receiving payments, fees, debits, and credits for the Services;
  1. Username, password, secret questions, and secret answers for resetting passwords and other authentication credentialing used to verify that only authorized users access the Services;
  1. Payment and other transaction information, and history for payments and other transactions in which you participate through the Services; and
  1. Any Personal Information that you may enter in response to surveys or into information blocks on the Site such as “personal information blocks.”

How We May Collect Personal Information About You.  We may collect Personal Information about you from the following sources:

  1. Enrollment applications, survey responses, and other electronic or paper forms that you fill out in connection with the Services;
  1. Your use of the Site and the Services (such as when you send a payment), including information you enter or speak, and information transmitted by your computer, cell phones, and other devices you use to connect to or use the Site or Services; and
  1. Others, such as individuals using the Services, credit bureaus, Affiliates, or other companies (such as identity verification services, consumer reporting agencies, and companies that provide content, such as electronic bills, to the Site, or that use the Services at their sites).

How We May Share Personal Information About You. We share Personal Information about you only as permitted by law. For Personal Information that is nonpublic and that we collect in connection with a financial service, U.S. federal law permits us to share such information only for the purposes shown in the following table:

Reasons we can share your Personal Information Does CGS share? Can you limit this sharing?
For our everyday business purposes – such as to process your transactions, maintain your accounts, respond to court orders and legal investigations, and report to credit bureaus; Yes No
For our marketing purposes – to offer our products and services to you; Yes No
For Joint Marketing with other financial companies; Yes No
For our Affiliates’ everyday business purposes (information about your transactions and experiences); Yes No
For our Affiliates’ everyday business purposes (information about your creditworthiness); No We Do Not Share
For our Affiliates to market to you; No We Do Not Share
For Nonaffiliates to market to you No We Do Not Share

 

How We May Use Personal Information About You. We use Personal Information about you only as permitted by law, including, but not limited to, the following purposes:

  1. To complete transactions and render services authorized by you;
  1. Other everyday business purposes, such as to maintain your ability to access the Services, to authenticate you when you log in, to send you information about the Services, to effect, administer, and enforce transactions, to perform fraud screening, to prevent actual or potential fraud and unauthorized transactions, to verify your identity, to determine your credit history, to verify the information contained in your account, to perform collections, to report to credit bureaus (including furnishing delinquent account information), to comply with laws, regulations, court orders, and lawful instructions from government agencies, to protect the personal safety of subscribers or the public, to prevent and defend claims, to resolve disputes, to troubleshoot problems, to enforce our Terms and Conditions, to protect our rights and property, and to customize, measure, and improve the Services and the content and layout of the Site including pattern recognition, modeling, enhancement and improvement, system analysis, and Service performance analysis;
  1. For marketing purposes such as to offer products and services to you, although you may opt-out of receiving commercial email marketing messages from us by following the opt-out processes described in those messages.

Definitions. 

  1. Affiliates: Companies related by common ownership or control. They can be financial or nonfinancial companies. 
  1. Nonaffiliates: Companies not related by common ownership or control. They can be financial or nonfinancial companies.
  1. Joint Marketing: A formal agreement between nonaffiliated financial companies that together market financial products or services to you.

How We Protect Personal Information About You. To protect Personal Information about you from unauthorized access and use, we maintain adequate physical, electronic, and procedural safeguards.

Protection for Former Customers. When you are no longer our customer or using the Service, we continue to protect, use, and share Personal Information about you as described in this notice and as required by law, including but not limited to for risk management, regulatory compliance, and audit purposes.