INGAGEiPay.com® Terms of Usage

This section of the document is to provide you information about Swedin Corporation’s associated website(s) (www.ingageipay.com “Site”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. THESE TERMS AND CONDITION SET FORTH A LEGALLY BINDING AGREEMENT GOVERNING YOUR USE OF THIS SITE (THIS “AGREEMENT”) AND OUTLINE IMPORTANT CONDITIONS THAT APPLY TO YOUR USE OF THIS SITE. BY ACCESSING ANY MATERIALS CONTAINED ON THIS SITE, PERMITTING ANY PERSON TO DO SO ON YOUR BEHALF, OR DOING SO ON SOMEONE ELSE’S BEHALF, YOU AGREE TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST DISCONTINUE YOUR ACCESS TO THIS SITE.

It is recommended that you keep a copy of this Agreement and any licenses posted within or through this Site for your records, as they may change from time to time as added functions and services are incorporated into this Site. Your rights to use of this Site and any Software, Data and/or Documentation are restricted rights that are governed by the End User License Agreement contained herein and include restrictions on use and/or transfer.

1. General. This Site is owned and operated by or on behalf of Swedin Corporation, a Minnesota corporation, and/or its affiliates or subsidiaries ("INgage"). By accessing, receiving, downloading, syncing, using, or possessing OR continuing to access, receive, download, sync, use or possess software, toolbars, user interfaces, applications and associated media ("Software") for use with desktop computers, via the Internet, and/or via wireless or other handheld or mobile devices ("Hardware"), printed, online and electronic materials associated therewith ("Documentation") and data, materials, and content ("Data") (Software, Documentation and Data may be referred to collectively as "Products" herein) submitting a registration form, or clicking the "I Agree" or "Continue" buttons when prompted and completing the registration form, you are entering into this Agreement with INgage, and you hereby acknowledge and agree to the validity and applicability of the Terms and Conditions governing this Site, the Privacy Policy set forth in Section 17 of this Agreement, any applicable Provider Terms, and agree to be bound hereto. You further agree to conduct transactions with INgage by electronic means and that your electronic signature, acceptance or confirmation is the legally binding equivalent to your handwritten signature and that you will not, at any time in the future, repudiate the meaning or effectiveness of your electronic signature or claim that your electronic signature is not legally binding.
2. Fees. Please be advised that some, but not all, areas of this Site contain fee-based services.
3. Use of Service. You agree that this Site and its services are furnished and shall be used solely for your personal, business or institutional use, and are subject to INgage's Acceptable Use Policy set forth in Section 9 of this Agreement. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward or deliver the Products or services or any part of the data, information, images or other products which constitute this Site, Products and/or services to any other person or entity, in any format (including, but not limited to framing, deep liking or embedding), or by any means ("Commercial Use"), absent a supplemental agreement in writing with INgage. This Site and its services may be used for lawful purposes only and may not be used in a manner which violates or infringes INgage's expressly reserved rights, the rights of INgage's Providers or the rights of any third parties. You agree to use this Site consistent with this Agreement and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.
4. Access. Access to this Site is contingent upon you providing all equipment necessary to access the Internet, Products and/or services offered by INgage. Access to this Site requires use of Microsoft Edge, Chrome or Safari. This Site and use of the INgage Products and services through this Site is usually available 24 hours a day, 7 days a week; however, INgage reserves the right to make this Site unavailable from time to time for any reason and at any time without prior notice. You agree that INgage shall not be liable for any damages arising from any interruption, suspension or termination of this Site. The Products supplied by INgage are made available on other sites INgage shall designate ("Designated Site"). Your options as to which Products are available, and how to move Products from the Designated Site to your location or your desktop computers and/or wireless or other handheld or mobile devices ("Hardware"), and/or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products and/or services selected by you and your Hardware then in use. INgage makes no guarantees that the Products and/or services selected by you will be operational with your Hardware.
5. Permitted Uses. You may download, view, copy and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, internal purposes and may not be re-distributed without the express written permission of INgage; (2) the Products may not be modified or altered in any way; (3) any copyright or other proprietary notices must appear on all copied Products; and (4) certain Products on this Site may be subject to further use, modification, copying and/or dissemination restrictions that shall override this general grant to use the Products (please see the Notice Specific to Products Available on this Site). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy set forth in Section 9 of this Agreement. INgage expressly reserves the right to refuse any materials for submission or upload by you or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or redistribute any information or Products from this Site in whole or in part without the prior written permission of INgage or its Providers, which INgage reserves the right to grant or deny as it sees fit in its sole discretion. Requests to reprint or re-distribute Products and other materials accessed from this Site should be directed to the originator of the Products or materials. For INgage Products, reprint and/or re-distribution requests should be sent to Swedin Corporation, 6436 Penn Ave South, Richfield, MN 55423, Attention: Legal.
6. Intellectual Property. Information furnished by INgage to you is intended for your sole and exclusive use and shall be considered proprietary information, the ownership of which shall remain with INgage or its Providers. All Products, information, data, images, and other things comprising the services are to be considered copyrighted by INgage, its Providers or the content originator, as the case may be, and they remain the sole and exclusive property of such persons. You are authorized to use such for the purposes stated herein and to store such information during the term hereof. You may not store for future use such information beyond that period, nor develop a library of such information. You agree not to copy materials on this Site, not to reverse engineer or break into this Site and not to use this Site materials, Products or services to violate law, the Notice Specific to Products Available on this Website, INgage's Privacy Policy set forth in Section 17 of this Agreement, or the Acceptable Use Policy set forth in Section 9 of this Agreement. REGARDLESS OF ANY OTHER PROVISION HEREIN, THE TRADEMARKS OF INGAGE, IPAY, OR IPAY VAULT SHALL NOT BE USED BY YOU IN ANY WAY, ESPECIALLY NOT AS A MEANS OF IDENTIFYING THE SOURCE OF THE SERVICE TO PUBLIC AUDIENCES OR CLIENTELE WITHOUT A SPECIFIC LICENSE TO DO SO FROM INGAGE.
7. Trademark Information. INGAGE®, INGAGEIPAY.COM™, and all other INgage product names, service names, slogans or logos referenced in this Site are trademarks or registered trademarks of Swedin Corporation, a Minnesota corporation. All other company, product or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
8. Copyright Information. Copyright © 2022-2023. All rights reserved. Original user content submitted by users or Providers to this Site or where expressly provided otherwise by INgage is proprietary to the submitting users and/or Providers, is protected by copyright law and is subject to the usage restrictions separately set forth in the Notice Specific to Products Available on this Website.
   
   Notification of Copyright Infringement:
   
   INgage will, in appropriate circumstances, terminate the accounts of persons or entities involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide INgage's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
   
   1. A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
   2. A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
   3. A description of where the alleged infringing material(s) is located on this Site (include a URL if possible).
   4. Sufficient contact information regarding the copyright owner or agent, such as physical address, e-mail address, website, telephone number and fax number.
   5. A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.
   6. A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
   INgage's Copyright Agent for Notices of Infringing Materials can be reached as follows:
   
   By Mail:
   Attn: Copyright Agent
   Swedin Corporation
   2210 E 117'th St
   Burnsville, MN 55337
   
   By Telephone:
   (612) 861-5277
   
   By E-mail:
   legal@INgageipayments.com
   
   
9. Acceptable Use Policy. You agree not to use this Site, Products or services to:
   • upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically or otherwise objectionable to any person for any reason, natural or corporate;
   • harm minors in any way; impersonate any person or entity, including, but not limited to a INgage representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • upload, post or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities or persons (spoofs);
   • upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
   • upload, post or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
   • upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing" or any other form of solicitation, including, without limitation, the solicitation of users to become users of other on-line information services competitive with INgage;
   • upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • interfere with or disrupt INgage or servers or networks connected to INgage, or disobey any requirements, procedures, policies or regulations of networks connected to INgage;
   • "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;
   • promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
   • use your access or INgage-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond this Site, without express written permission from INgage;
   • use this Site to engage in commercial activities without enrolling in INgage-approved programs, including but not limited to offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites, use this Site to provide access to this Site for other persons through use of your User Name and Password;
   • tamper in any way with the Products or functionality of this Site, such as placing on this Site material that contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers and other computer-based crawling programs on this Site.
   INGAGE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THIS SITE BY YOU OR OTHER USERS OF THIS SITE.
   
   
10. Notice Specific to Products Available on this Site. Permission to use Products from this Site is granted, provided that: (1) any resident copyright notices appear in all copies and that both the copyright notice and this permission notice appear; (2) use of such Products from this Site is for your use only and will not be copied or posted on any network computer or broadcast in any media absent an express written agreement with INgage; (3) the Products shall not be used on data outside of this Site absent an express written agreement with INgage and shall be in compliance with the End User License Agreement; (4) no unauthorized modifications of any Products are made; (5) to the extent modifications are made, a notice of modification including the subject matter of modification appear with the modified Products; and (6) any use of Provider Products is consistent with any applicable Provider Terms. Use for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Subject to INgage's Privacy Policy set forth in Section 17 of this Agreement, or where expressly provided otherwise by INgage, all comments, feedback, information or materials submitted to INgage through or in association with this Site shall be considered non-confidential and property of INgage. By submitting such comments, feedback, information or materials to INgage, you agree to a fee-free, unlimited, irrevocable assignment to INgage of all worldwide rights, title and interest in any copyrights or other intellectual property rights to the comments, feedback, information or materials. INgage shall be free to use such comments, feedback, information or materials on an unrestricted basis. FOR YOUR CONVENIENCE, INGAGE MAY MAKE AVAILABLE ON THIS SITE OR IN ITS PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. INGAGE DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS SITE OR IN INGAGE PRODUCTS. Products, as specified above, do not include original user content hosted on this Site, the design or layout of this Site or any other INgage owned, operated, licensed or controlled site. Elements of this Site are protected by copyright, patent, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted by INgage, its Providers, or the originating user associated with original user content displayed on this Site.
11. Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by INgage through other product licenses and/or service agreements, including, but not limited to, Gateway, Gateway processes, API, NetSuite Integration, QuickBooks Online Integration, Clearing House, Merchant Processing, legal remedies, and others may be made available as part of, or through this Site, by Providers, or by INgage, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products and/or service(s) ("Provider Terms"). Any Provider Terms are in addition to this Agreement and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from INgage without additional Provider Terms, this Agreement shall apply. TO THE EXTENT THAT INGAGE SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THIS AGREEMENT SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER INGAGE AGREEMENTS. Additional Provider Terms for any products or services provided with INgage registration may be made available through this Site via hyperlinks and are applicable should you choose to use their products or services.
12. No Warranties/Limit of Liability. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THIS SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY INGAGE ON AN "AS IS" BASIS. INGAGE AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INGAGE AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THIS SITE AT YOUR OWN DISCRETION AND RISK AND THAT INGAGE WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. INGAGE AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY DELAYS ON THIS SITE, ANY PURCHASE, LICENSE OR SERVICE RELATED TO THIS SITE, OR THE INABILITY TO USE THIS SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF INGAGE OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF INGAGE AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $10.00 OR 10% OF THE FEES PAID BY YOU TO INGAGE UNDER THIS AGREEMENT WITHIN THE LAST 30 DAY PERIOD. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
13. Indemnification. You hereby agree that you will defend, indemnify and hold harmless INgage and its Providers from all manners of suit, actions, damages, charges and expenses, including attorney and counsel fees, which INgage or its Providers may sustain by reason of your use of this Site, your breach of any of the terms, covenants or conditions of this Agreement, or other claims against INgage arising from this Agreement.
14. Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States of America and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Software, Data or Documentation inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States Government or any country or organization of nations within whose jurisdiction you use the Software, Data, Documentation or other underlying information or technology. If you have any questions regarding its obligations under the United States of America Export Regulations, you should contact legal counsel of your choosing.
15. Third Party Sites and Providers. This Site may link, redirect, connect, "frame", utilize plug-ins, integrate applications recognized automatically by the browser and otherwise direct you to, without limitation, other sites, servers, third party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, this Agreement shall apply. In order to utilize some of the INgage Products and services, you may have to use, accept, install and review information, data, executables, programs, software and other items from Providers that are not under the control of INgage. This may occur with or without your knowledge and although the visual representation on your screen may appear to be a INgage website, the information, data, executables, programs, software and other items may come from Providers and may not be under the control of INgage. You acknowledge that INgage is not responsible for the accuracy, copyright and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. INgage is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. INgage is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by INgage, nor has INgage independently authenticated products or materials provided by Providers.
16. Parental Control Protections. INgage has the legal obligation to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
17. Privacy. INgage is committed to safeguarding your privacy online and has established a Privacy Policy to explain to users how their information is collected and used. This Privacy Policy is located at the following web address: www.ingageipay.com/privacy.aspx. Your use of this Site or any of INgage's products, services, data, materials or content signifies your acknowledgement of, and agreement to, INgage’s Privacy Policy. INgage reserves the right to modify or amend its Privacy Policy from time to time as it deems necessary in its sole discretion.
18. Modifications. INgage may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. INgage has the right at any time to modify or cancel any feature or functionality of this Site, including hours of availability, content, applications, and equipment requirements for use with the Products and/or services, and INgage reserves the right to suspend or terminate access to this Site and/or the Products and/or services or remove any content placed on this Site at any time as INgage deems necessary in its sole discretion.
19. Terms of Service. This Agreement is effective upon acceptance, and shall remain and continue until terminated by INgage. Neither this Agreement nor any rights or obligations hereunder may be assigned by you without the express written permission of INgage, which INgage may withhold in its sole discretion, and any purported transfer of rights shall oblige the transferee to this Agreement, and your rights will be terminated. You may terminate this Agreement by destroying, removing or obliterating the Products and all copies thereof, and certifying as such to INgage in whatever form or format requested by INgage. INgage may terminate your right to use this Site and its Products and services as it deems necessary in its sole discretion. Upon such termination by INgage, you agree to certify the destruction, removal or obliteration of the Products and all copies thereof to INgage in whatever form or format requested by INgage.
20. Notice. Posting of notice(s) on this Site by INgage shall constitute notice to you.
21. Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State of Minnesota, with the exception of export control or other matters of federal question that are governed by the laws of the United States of America. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of the state or federal courts, as applicable, located in Minneapolis, Minnesota and you consent to the personal jurisdiction thereof.
22. LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND OTHER LANGUAGE VERSIONS, THE ENGLISH VERSION SHALL CONTROL.
23. ENTIRE AGREEMENT. THESE TERMS OF USE, TOGETHER WITH ANY END USER LICENSE AGREEMENT, PROVIDER TERMS, AND/OR ANY OTHER AGREEMENTS OR TERMS OF USE APPEARING OR REFERENCED ON THIS SITE AND/OR ENTERED INTO BETWEEN THE PARTIES IN WRITING REPRESENT THE ENTIRE SET OF TERMS AND CONDITIONS GOVERNING YOUR USE OF THE PRODUCTS (WHERE APPLICABLE) ACCESSED THROUGH THIS SITE, AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES. This Agreement may only be modified in writing by INgage.
    
    Last Modified: June 1, 2023.