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 Terms and Conditions 

 

Please read the following Terms carefully before using SENPA, Inc. a/k/a SENPA’s (“SENPA”, “our” or “we”) Website, SENPA.COM, as well as any online features, services and/or programs offered by SENPA (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of SENPA. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.

 

We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).

 

  1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, SENPA does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) SENPA has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state of Florida, or, if SENPA transfers your Account to another location, where SENPA currently maintains your Account (“Applicable Law”).

 

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.

 

  1. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of SENPA. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.

 

  1. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.

 

  • The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:

 

  • Payment Account means your personal or business checking, savings, or money market account from which SENPA bill payments for your Account(s) may be made by you. SENPA recommends that you confirm with your banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (g., your money market account may permit a limited number of transfers before fees are imposed).

 

  • Payee means SENPA or its subsidiary to which you direct a payment.

 

  • Payment Instructions means the information provided by you for a bill payment to be made to Payee (e., banking account number, ABA number, payment date, payment amount, and any additional information).

 

  • Payment Due Date means the Business Day that is the date in which you create a User account and apply to become a member of SENPA (“Payment Due Date”).

 

  • ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the online account access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Member Login link on the Website. For self-enrollment, you must provide account-specific information to authenticate yourself (e.g. name, address, email address, phone number, entity or affiliate, and other information requested by SENPA. You may also enroll by calling SENPA at (727) 846-0320. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission.

 

  • USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting, safeguarding, using reasonable precautions, your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify SENPA of any unauthorized use of your UserID, password and/or User Account, or any other breach of security, by email at info@senpa.org, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.

 

  • RELIANCE BY SENPA. You authorize SENPA to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that SENPA may comply with the Payment Instructions entered by any person using your UserID and Password.

 

  • SENPA is committed to protecting the security and confidentiality of information about you and your Account and User Account. SENPA uses, and may in the future use, several different security methods to protect your Account and User Account information, including without limitation, the Online Service will automatically log off if prolonged periods of inactivity occur; and/or your session will terminate if you navigate away from the Online Service to another website.

 

  • ELECTRONIC COMMUNICATION.

 

  • Email and Online Message Center. When you enroll in the Online Service, you must designate a primary email address that will be used for receiving electronic communication. To the extent that SENPA maintains an online message center now or in the future, such exchange of communications shall be considered an electronic communication and may be utilized by SENPA for providing you notices pursuant to these Terms, as required by Applicable Law (as permitted) or generally regarding your Account(s) with SENPA. SENPA will NEVER send you email requesting confidential information such as Account numbers, usernames, or passwords and you should NEVER respond to any email requesting such information. If you receive such an email purportedly from SENPA, do not respond to the email and notify SENPA by forwarding the email to Info@senpa.org

 

  • Usage of Electronic Communication. By your enrollment in the Online Service, you agree to receive these Terms and any disclosures or notices required by Applicable Law and all other communications electronically to the email address you designate in your account profile. You also agree that SENPA may respond to any communication you send to SENPA with an electronic communication, regardless of whether your original communication with SENPA was an electronic communication. You should not rely on electronic communication if you need to communicate with SENPA immediately and, in no event, should your sole method of communication with SENPA regarding any emergency be by electronic communication. SENPA strongly suggests that you report all matters requiring immediate attention to SENPA by calling (727) 846-0320. SENPA may require you to provide written confirmation of any verbal or electronic notice of alleged error by SENPA.

 

  • You authorize SENPA and its third-party payment processor to debit/charge your Payment Account and remit funds on your behalf to the Payee. When SENPA receives a Payment Instruction, you have authorized SENPA to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the due date.

 

  • DISCLOSURE OF ACCOUNT INFORMATION. SENPA will not disclose any information to third parties about you, including email addresses, or your Account, except in the situations described below or as otherwise set forth in SENPA’s Privacy Policy located at www.SENPA.org/privacy-policy/. We will disclose such information:

 

  • where disclosure is necessary for completing payments, or to resolve a problem related to a payment;

 

  • to verify the condition and existence of your Payment Account for a third party, such as a credit bureau or merchant;

 

  • to persons authorized by law in the course of their official duties;

 

  • to a consumer reporting agency as defined by Applicable Law;

 

  • to comply with a government agency or court order, such as a lawful subpoena;

 

  • to SENPA employees, auditors, service providers, attorneys or collection agents in the course of their duties; or

 

  • if you give SENPA written permission (including by email).

 

  • INSUFFICIENT FUNDS TO COMPLETE PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the payment will not be completed. Should a payment fail because of insufficient funds in your Payment Account, an amount equal to SENPA’s Returned Payment Fee then in effect will be applied to your User Account.

 

  • ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SENPA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SENPA has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

 

  • TERMINATION OF ACCOUNT AND ONLINE SERVICES. SENPA reserves the right to terminate your use of the Online Service, User Account, and/or right to access secured portions of the Website, without notice to you, for any reason, and at any time, including without limitation, inactivity of your User Account and conduct that we believe violates these Terms and/or is harmful to other users of the Website, to SENPA, to the business of the Website’s Internet service provider, or to other information providers. You have the right to terminate your use of the Online Service by writing to SENPA at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by SENPA, will not affect any of your or SENPA’s rights and obligations under these Terms that have arisen before the effective date of such termination. Any and all payments made to SENPA prior to termination of the Online Services, or User Account shall be nonrefundable.

 

  1. DISCLAIMERS.

 

  • NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SENPA PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND SENPA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. SENPA DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT SENPA SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

 

  • You agree to defend, indemnify and hold SENPA and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by SENPA, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.

 

  1. LIMITATION OF LIABILITY. SENPA’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH SENPA. IN NO EVENT SHALL SENPA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMIATION, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS SENPA’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

  1. PRIVACY. Personal data that you provide regarding yourself will be handled in accordance with SENPA’s Privacy Policy located at www.SENPA.org/privacy-policy/.

 

  1. THIRD PARTY CONTENT.

 

  • SENPA may provide hyperlinks to other Websites maintained by third parties, or SENPA may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER SENPA’S CONTROL AND SENPA IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.

 

  • If a third-party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with SENPA. In most cases, SENPA is not even aware that a third party has linked to the Website. A Website that links to the Website: (i) may link to, but not replicate, SENPA’s Content; (ii) may not create a browser, border environment or frame SENPA’s Content; (iii) may not imply that SENPA is endorsing it or its products; (iv) may not misrepresent its relationship with SENPA; (v) may not present false or misleading information about SENPA’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.

 

  1. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are SENPA’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. SENPA is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of SENPA that may be referred to on the Website are the property of SENPA. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of SENPA’s trademarks or service marks without SENPA’s prior written permission. SENPA aggressively enforces its intellectual property rights. Neither the name of SENPA nor any of SENPA other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without SENPA’s prior written permission. If you believe that any Content on the Website violates any intellectual property right of yours, please contact SENPA at the address, email address or telephone number set forth at the bottom of these Terms.

 

  1. LOCAL LAWS. SENPA makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. SENPA is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state of Florida, or, if SENPA transfers your Account to another location, where SENPA currently maintains your Account. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the state of Florida, or, if SENPA transfers your Account to another location, where SENPA currently maintains your Account. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).

 

  1. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by SENPA unless acknowledge by SENPA in writing. SENPA has no obligation to provide you with written acknowledgment. SENPA may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.

 

  1. We welcome the submission of comments, information or feedback through the Website. By submitting information through the Website, you agree that the information submitted shall be subject to the SENPA Website Privacy Policy located at www.SENPA.org/privacy-policy/.

 

  1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and SENPA’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms and the SENPA Website Privacy Policy located at www.SENPA.org/privacy-policy/, are the entire agreement between you and SENPA with respect to your use of the Website and the Online Service, and supersede any and all prior communications and prior agreements, whether written or oral, between you and SENPA regarding the Website and the Online Service.

 

Your Consent To This Agreement

 

By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.

 

If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email Info@SENPA.org.

 

 

EFFECTIVE AS OF: February 25, 2020

LAST UPDATED: February 25, 2020