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.
- 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
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.
- Fees. Please be advised that some, but not all, areas of this Site contain fee-based services.
- 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.
- 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.
- 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.
- 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.
- 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.
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:
INgage's Copyright Agent for Notices of Infringing Materials can be reached as follows:
A physical or electronic signature of the owner (or an authorized agent) of the copyright
material(s) alleged to have been infringed.
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.
- A description of where the alleged infringing material(s) is located on this Site (include a URL if possible).
Sufficient contact information regarding the copyright owner or agent, such as physical address,
e-mail address, website, telephone number and fax number.
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.
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.
Attn: Copyright Agent
2210 E 117'th St
Burnsville, MN 55337
Acceptable Use Policy. You agree not to use this Site, Products or services to:
INGAGE EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THIS SITE
BY YOU OR OTHER USERS OF THIS SITE.
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.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- Privacy. INgage is committed to safeguarding your privacy online and has
Your use of this Site or any of INgage's products, services, data, materials or content signifies
- 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
- 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.
- Notice. Posting of notice(s) on this Site by INgage shall constitute notice to you.
- 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.
- 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.
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.