Updated July 29, 2019.
By clicking the “I Agree to the Terms of Service” box that states you accept or agree to these Terms or by using our Service, you are agreeing to the Terms below. Please read them carefully. If you do not agree to the Terms, you must stop using the Services immediately and suspend all use of your CollBox account and the CollBox app.
We reserve the right to modify these Terms without notice. Your continued usage of the Service constitutes your acceptance of these Terms. Violation of any of the Terms may result in termination of your account. Questions about the Terms of Service may be sent to email@example.com.
1. CollBox is a Collection Agency Broker. CollBox acts to facilitate and allow Users and Agencies (collectively the “CollBox Members”) who comply with CollBox's policies to work with one another as mutually agreed between them to collect accounts. CollBox has no control over the quality, safety, morality or legality of any aspect of the Transmitted Information or the truth, veracity or accuracy of the Transmitted Information. CollBox does not pre-screen Users, the Agencies or the content or information provided by Users or Agencies. CollBox cannot ensure that CollBox Members will actually work with one another or will complete successful collection of Receivables or that an Agency will be successful in any collection of the Receivables. Some Agencies may have additional or other terms, agreements, or polices that govern their conduct and interaction with Users (the “Additional Terms”). As Users will be providing information to the Agencies upon submitting Receivables, Agencies and Users use of and access to such information, services applications, and tools are subject to the Additional Terms. If you do not agree to the Additional Terms, you must stop using the Services immediately and suspend all use of your CollBox account and the CollBox app.
2. Access to Services
a) CollBox does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services. If you are under 18, please do not register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 18 may provide any personal information to CollBox or on the Services. If we learn we have collected personal information from a person under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under 18, please contact us immediately at firstname.lastname@example.org.
b) You represent and warrant to CollBox that: (i) if you are an individual you are of legal age to form a binding contract; (ii) if you are an entity, you have authorization to enter into a binding contract; (iii) all registration information you submit is accurate and truthful; and (iv) you will maintain the accuracy of such information and notify us of any inaccuracies. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection of any Agencies and use of and access to the Services. This provision is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
c) CollBox may prohibit any user from using the Service in its sole discretion for any reason, and you agree that we are not liable for any damage or loss resulting from such prohibition.
3. Basic Terms
a) CollBox Members are responsible for using the Services. By submitting Receivables through the Service, Users, assume full responsibility for the content of the Receivables and the truth and veracity thereof and all actions arising from such submissions.
b) Agencies using our Service agree to our Fees. We cannot guarantee to Agencies that the Transmitted Information will be accurate and up to date, and both Users and Agencies agree to relieve CollBox from any responsibility related to any inaccuracies in submissions as shown on any CollBox website, servers or files.
c) You may use the Services only if you comply with all terms and conditions required for such use, including but not limited to any contract required to be entered into as a result of your request for use of the Services and so long as you are not barred from receiving any services called for therein under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services for a company, organization, government, or other legal entity, you represent and warrant you are authorized to do so. You may use the Services only in compliance with these Terms and all local, state, national, and international laws, rules and regulations.
d) The Services that CollBox provides may evolve, and the form and nature of the Services that CollBox provides may change from time to time without prior notice to you. CollBox may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users and may not be able to provide you with prior notice. We also retain the right to create limits on use of the Services at our sole discretion without prior notice to you.
e) The Services may include advertisements, which may be targeted to the Transmitted Information, queries made through the Services, or other information collected. The types and extent of advertising on the Services are subject to change. In consideration for CollBox granting CollBox Members access to and use of the Services, CollBox Members agree that CollBox, third party providers and partners may place such advertising on the Services or in connection with the display of Transmitted Information or information from the Services.
4. Fees and Subscription. The CollBox Members recognize and acknowledge that the Agencies will be charged a fee in order to access to the CollBox app or website. The fee(s) we charge to the Agencies are listed on the fee schedule presented to such Agencies (the “Fees Schedule”). The fee(s) charged herein shall be independent of any fees paid between Agency and any User. We reserve the right to amend the Fee Schedule upon notice only to the Agencies, which may be sent by email or posted on the Service, on the CollBox app or on the website. Using the Services, the CollBox app or the website following such notification constitutes Agencies’ acceptance of any new or increased charges.
5. Agency Payment and Billing. Payments to be made to CollBox by Agencies are due as set forth in any separate agreement between CollBox and an Agency. We do not store any credit card or payment information on the CollBox website, the CollBox application or servers. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, the Agency responsible for payment remains responsible for any uncollected amounts.
7. Password. You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. CollBox does not save or store the password to your account. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account and with other accounts that you may connect to your CollBox account. CollBox cannot and will not be liable for any hacking, loss, or damage arising from your failure to comply with the above requirements.
8. Content on the Services
a) You are granted a limited, nonexclusive, non-sublicensable license to access and use the Service. This license is revocable at any time. This license is subject to these Terms. No warranties or representations are made relating to such license unless specifically set forth herein.
b) You acknowledge that CollBox has no control over, and no duty to take any action regarding the following: (i) third parties gaining access to the Services; (ii) what Transmitted Information you access via the Services; (iii) what effects the Transmitted Information may have on you (including any claims or defenses made by third parties); (iv) how you may interpret or use the Transmitted Information; or (v) what actions you may take as a result of the Services. YOU RELEASE COMPANY FROM ANY AND ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED TRANSMITTED INFORMATION THROUGH THE SERVICES.
c) All Transmitted Information is the sole responsibility of the User transmitting same. CollBox is not the source of, does not verify or endorse and takes no responsibility for the content of the Transmitted Information whether made by you or any other third party, including, but not limited to any agency. By using the Service, you agree that any Transmitted Information you submit or receive may be transmitted to a third party or various third parties. CollBox Members agree and acknowledge that Users may upload information to the CollBox app or website (whether by integration, import or otherwise). Users agree that the Transmitted Information uploaded may be shared with CollBox Members and you expressly allow the sharing of same.
d) We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Transmitted Information or communications posted via the Services or endorse any opinions expressed by CollBox Members. You understand that by using the Services, you may be exposed to Transmitted Information that might be inaccurate or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will CollBox be liable in any way for any Transmitted Information, including, but not limited to, any errors or omissions in any Transmitted Information, or any loss or damage of any kind incurred as a result of the use of any Transmitted Information posted, emailed, transmitted or otherwise made available via the Services.
e) CollBox has the right, but not the obligation, to remove Transmitted Information that it determines in its sole discretion to be unlawful or that violates any party’s intellectual property or privacy rights, or that is detrimental to the quality or intended spirit of the Service. CollBox also has the right, but not the obligation, to limit or revoke the use privileges of anyone who posts such Transmitted Information.
9. Prohibited Use
a) We reserve the right (but will not have an obligation) for any reason to remove or refuse to distribute any Transmitted Information on the Services and to suspend or terminate users or reclaim usernames without liability to CollBox. We also reserve the right to retrieve and review communications between all CollBox users. We further reserve the right to investigate and take appropriate legal action, including without limitation, cooperating with and assisting law enforcement or government agencies in any resulting investigations of illegal conduct including but not limited to responding to any subpoenas or requests for information required by federal, state or local law.
b) You are prohibited using or transferring Transmitted Information that:
i. Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
ii. Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights; or
iii. Violates the rights of any third party or gives rise to civil or criminal liability.
c) CollBox Members agree not to submit or publish Transmitted Information that contains falsehoods or misrepresentations or impersonates others or include programs that contain viruses or any other programs designed to impair the functionality of any computer or server. Without CollBox and the Services, Agencies agree not to solicit, for commercial purposes, any Users or vice versa. You agree not to circumvent, disable or otherwise interfere with any security related features of the CollBox or features that prevent or restrict using any content.
d) We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of CollBox, its users and the public.
e) You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use CollBox’s computer systems, or the technical delivery systems of CollBox’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by CollBox (and only under those terms and conditions), unless you have been allowed to do so in a separate agreement with CollBox (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or use the Services to send altered, deceptive or false source-identifying information; (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Transmitted Information in such a manner as to interfere with or create an undue burden on the Services (vi) use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data; or (vii) reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services.
a) Subject to the right of CollBox Members to use the Transmitted Information as detailed herein or in any agreement between a User and an Agency the Transmitted Information belongs to the person who posted such Transmitted Information. You may not use Transmitted Information posted by others unless allowed under these Terms of Service or under the terms of any agreement between you and such third party.
b) You agree that any feedback, suggestions, ideas, or other information or materials regarding CollBox or the Services, whether by email or otherwise, are non-confidential and may be utilized, without charge or fee, by CollBox.
c) The submission of your Transmitted Information on the Service is entirely voluntary. You acknowledge that you have read, understand, and agree to the Terms enumerated below, and you further agree that these Terms shall apply to any additional material previously or later submitted:
i. You have all necessary rights to submit the Transmitted Information. In doing so, you are not violating the rights of any third party and you know of no other individual or entity whose rights will be infringed upon by using the Transmitted Information.
ii. You understand that disclosure of Transmitted Information does not establish a confidential relationship or obligate CollBox to treat your Transmitted Information (or any related materials) as secret, proprietary, or confidential.
III. YOU IRREVOCABLY RELEASE AND FOREVER DISCHARGE COLLBOX AND OUR AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL ACTIONS, CAUSES OF ACTIONS, CLAIMS, DAMAGES, LIABILITIES AND DEMANDS, WHETHER ABSOLUTE OR CONTINGENT AND OF ANY NATURE WHATSOEVER, WHICH YOU NOW HAVE OR HEREAFTER CAN, SHALL, OR MAY HAVE AGAINST THE RELEASED PARTIES OR THEIR RESPECTING SUCCESSORS AND ASSIGNS REGARDING THE TRANSMITTED INFORMATION OR USE OF SERVICES, INCLUDING WITHOUT LIMITATION REGARDING HOW COLLBOX AND ITS AFFILIATES AND SUBSIDIARIES, DIRECTLY OR INDIRECTLY, USE THE TRANSMITTED INFORMATION, WITH THE SOLE EXCEPTION REGARDING THE FOREGOING RELEASE AND DISCHARGE BEING YOUR RIGHT TO BRING A CLAIM OF PATENT INFRINGEMENT.
11. Intellectual Property and Data Security
a) Ownership. CollBox Members acknowledge that CollBox owns and retains all right, title and interest in intellectual property rights to any protectable part of the Service, including but not limited to the data, data collection, reports, documents, materials, techniques, ideas, concepts, trademarks, know-how, algorithms, software, computer code, routines or subroutines, specifications, plans, notes, drawings, designs, pictures, text, artwork, images, code, icons, photographs, labels, slogans, tag lines, functionality, and documentation (“Work Product”). You may not copy, reproduce, republish, frame, download, transmit, display, modify, license, sublicense, loan, lease, reverse engineer, or exploit, in whole or in part, any part of the Word Product owned by CollBox.
b) THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM THE SERVICE POSTING OR REBROADCASTING THE TRANSMITTED INFORMATION IN ANY WAY INCLUDING, BUT NOT LIMITED TO POSTING TRANSMITTED INFORMATION THROUGH THE COLLBOX APP.
c) CollBox may, if it deems necessary and at its discretion, disable and/or terminate the accounts of users who CollBox reasonably believes infringes on others’ rights. If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide the following information to CollBox:
i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
ii. A description of the copyrighted work or other intellectual property that you claim has been infringed;
iii. A description of where the material that you claim is infringing is located on the site;
iv. Your address, telephone number, and email address;
v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
d) CollBox’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: email@example.com.
12. Copyright Notifications CollBox complies with the Digital Millennium Copyright Act. CollBox will remove infringing materials in accordance with the DMCA if properly notified that Transmitted Information infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify CollBox by emailing us at firstname.lastname@example.org. Your email must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed;
c) A description of where the material that you claim is infringing is located on the Site, sufficient for CollBox to locate the material; your address, telephone number, and email address;
d) Aa statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
e) A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please notify CollBox in writing by emailing us at email@example.com. Your counter-notice must contain the following information (please confirm these requirements with your legal counsel or see the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
a) A physical or electronic signature of the user of the Services;
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 to it was disabled;
c) A statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
d) The subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.
If you fail to comply with these notice requirements, your notification or counter-notification may not be valid.
Under the Copyright Act, any person who knowingly materially misrepresents that material is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Our designated copyright agent for notice of alleged copyright infringement can be reached at:
Collbox Inc. 1914 E 6th St. #6741 Austin, TX 78702 Email: firstname.lastname@example.org
b) Any fees paid are non-refundable. Upon termination of your account, your right to use the Services will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
14. Disclaimers. COLLBOX DOES NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT ANY INACCURACIES WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. UNLESS EXPRESSLY SET FORTH IN THIS AGREEMENT, COLLBOX MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MATTER, INCLUDING WITHOUT LIMITATION ADVERTISING AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS OF NONINFRINGMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. COLLBOX DOES NOT WARRANT THE RESULTS OF THE USE OF THE SERVICE, AND COLLBOX MEMBER ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO.
15. Limitations on Liability
a) TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE, SYSTEM INTERRUPTION OR NETWORK OUTAGE, WILL COLLBOX OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM THIS AGREEMENT, EVEN IF THE DAMAGED PARTY OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) IF, NOTWITHSTANDING OTHER PROVISIONS IN THESE TERMS OF SERVICE, COLLBOX IS FOUND TO BE LIABLE FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, IN NO EVENT WILL COLLBOX’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT (WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNTS PAID BY YOU TO COLLBOX WITHIN THE LAST SIX (6) MONTHS.
c) AGENCIES AGREE TO BE RESPONSIBLE FOR THIRD PARTY CLAIMS AGAINST COLLBOX DIRECTLY RESULTING FROM AGENCIES’ NEGLIGENCE IN PROCEEDINGS, ACTIONS OR INACTIONS RELATING TO THE COLLECTION OR RECEIPT OF MONEY OWED TO USERS FOR RECEIVABLES, AND IN PERFORMING ACTS TO EFFECT THE COLLECTION OF SUCH RECEIVABLES.
16. Indemnification. By agreeing to these Terms, you agree to indemnify, defend, and hold harmless CollBox and/or our subsidiaries or affiliates and their respective directors, officers, managing members, shareholders, employees, successors in interest, licensors, and contractors from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) use of the Service; (b) any Transmitted Information you post, upload, use, distribute, store, or otherwise transmit through the Service; (c) violating these Terms; (d) violating the rights of another; or (e) violating any other Agreement related to the service, including but not limited to, any CollBox Affiliate Agreement or CollBox Agency Contract.
17. Services Available “AS-IS.”
a) Your access to and use of the Services is at your own risk. You understand and agree that the Services is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, COLLBOX DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
b) CollBox makes no warranty and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Transmitted Information; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Transmitted Information; (iii) the deletion of, or failing to store or to transmit, any Transmitted Information and other communications maintained by the Services; (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; and (v) third party actions. No advice or information, whether oral or written, obtained from CollBox or through the Services will create any warranty not expressly made herein.
18. International Users. The Service is hosted in the United States. If you are a user accessing the Service from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Service, which is governed by United States law, you are transferring your personal information to the United States and you consent to that transfer and agree to be bound by the Terms of Service and to be bound by United States law.
19. Privacy. CollBox does not knowingly collect or solicit any information from anyone under the age of 18 or knowingly allow such persons to register for the Service. The Service is not directed at people under the age of 18. If we learn we have collected personal information from a person under the age of 18 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a person under 18, please let us know at email@example.com.
a) CollBox’s failure to enforce or exercise a right provided in these Terms is not a waiver of that right or of any other right or remedy which CollBox may have.
b) Should any provision of these Terms be found invalid or unenforceable, the remaining Terms shall still apply.
c) Any dispute between you and CollBox will be governed by these Terms and the laws of the State of Texas, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
d) These Terms of Service constitute the entire agreement between you and CollBox and supersedes any and all previous agreements, written or oral, between you and CollBox, including previous versions of the Terms of Service.
e) We may modify these Terms as necessary to reflect updates to the Service, or changes in the law. We will post any such modifications to these Terms on this page. If you do not agree with or accept the changes in the Terms, you should discontinue your use of the Service.
f) These Terms create an agreement between us and you. They create no third-party beneficiary rights.
g) Waiver of any remedy for a breach of these Terms does not prevent us from taking action in the future.