This Consent and Disclosure / Terms of Use provides important information required by the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and the Electronic Funds Transfer Act and applies to your consent to and the electronic delivery of all communications and required agreements and disclosures relating to your use of electronic payment services provided by Metropolitan Properties of America (MPA). This Consent and Disclosure / Terms of Use also provides important information regarding the terms and conditions under which MPA provides you the option to make electronic payments of rent or other amounts payable to MPA (the "Service"). Any use of the Service for any purpose other than to make online payments to MPA is strictly prohibited.

 

Please read this Consent and Disclosure / Terms of Use, and if you agree to the terms and conditions herein, then click on the "I Accept" button. Accepting this Consent and Disclosure / Terms of Use means that you are legally bound by all of the terms and conditions herein and must abide by them. If you do not accept the terms and conditions, do not click on the "I Accept" button. If you do not accept this Consent and Disclosure / Terms of Use by clicking on the "I Accept" button, you will not be able to use the Service to make online payments. Any attempt to use the Service without accepting this Consent and Disclosure / Terms of Use is strictly prohibited.

 

By clicking the "I Accept" button, you consent to conduct business electronically with MPA in connection with the use of the Service, as well as to receive this Consent and Disclosure / Terms of Use and any other disclosure documents concerning the Service electronically, and you consent to the terms and conditions of the use of the Service contained herein.

 

This Consent and Disclosure / Terms of Use and any other disclosure documents may be printed and/or downloaded by you, and are available to you in paper hardcopy upon request.

 

Description of Service:

 

This Service allows you to submit payments to MPA that will be posted to your account on the same day, within the parameters of the Service and in accordance with the terms and conditions set by MPA. In order for your payment to post on the same day, you must submit accurate and complete information for the payment, the payment must be submitted on a day during which the U.S. Federal Reserve System is open for operations, and you must submit the payment prior to the designated daily cutoff time. Payments submitted without complete or accurate information may be rejected or may not be accepted or may be delayed.

 

This is not a "pay anyone" service where you can make payments to any payee; with this service you can only make payments to MPA.

 

You can access this Service 24 hours a day, seven days a week, although the Service may not be available occasionally due to emergency or scheduled system maintenance, updates, or repairs, or for other reasons beyond the control of MPA.

 

Please read these agreements and disclosures prior to continuing.

 

1.         Scope of Consent:       This Consent and Disclosure / Terms of Use applies to your use of the Service, including any electronic payment of rent and other amounts payable to MPA.

 

2.         Provision of E-mail Address:             You must provide MPA your valid e-mail address so that we can communicate with you regarding your use of this Service. You are responsible to notify us promptly of any changes to your e-mail address. You can update your email address with us by either contacting MPA at [telephone or e-mail address], or by updating your personal information within this Service.

 

3.         Consent to ACH Debits and Charges:           By using this Service, you consent to and agree to permit MPA to initiate ACH debit entries from the deposit account you provide to MPA in the amounts authorized by you or to charge your designated account(s) for any transactions accomplished through the use of the Service, including the amount of any recurring payment that you make and to charge for the Service. MPA will notify you of the amount of any charge for the Service in advance of applying that charge.

 

When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction.

 

When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day you make your payment, and you may not receive your check back from your financial institution.

 

4.         Consent to Credit and Debit Card Charges: By using this Service, you consent and agree to permit MPA to initiate charges to the credit or debit card you provide to MPA in the amounts authorized by you for any transactions accomplished through the use of the Service, including the amount of any recurring payment that you make and to charge for the Service. MPA will notify you of the amount of any charge for the Service in advance of applying that charge.

 

When you provide a credit card for payment, you agree to pay the charges in accordance with the terms and conditions associated with the credit card account. You agree not to pursue a refund of the amounts charged directly to the company, bank, or financial institution that issued the credit or debit card used. If your use of a credit or debit card with this Service yields a chargeback for any reason, you agree to pay any and all penalty fees incurred by MPA.

 

5.         Right to Stop Payments:        

 

(a)        If you have told MPA in advance to make regular payments out of your account, you can stop any of these payments. To stop payment, call us at 617-603-7000, or write us at 101 Federal Street, Suite 2200, Boston, MA 02110. If you call, we may also require you to put your request in writing and get it to us within 14 days after you call. [OPTIONAL: We will charge you [insert amount] for each stop-payment order you give.] Your stop payment request must be received by MPA:

 

(1)        For credit card transactions, in time for MPA to receive your request 3 business days or more before the payment is scheduled to be made, and

 

(2)        For automated clearing house ("ACH") transactions, sufficiently in advance of the scheduled payment to allow the financial institution an opportunity to act on your request.

 

(b)        Notice of varying amounts:    If these regular payments may vary in amount, MPA will tell you by e-mail, at least 10 days before each payment, when that payment will be made and how much it will be. (You may choose instead to get this notice only when the payment would differ by more than a certain amount from the previous payment, or when the amount would fall outside certain limits that you set.)

(c)        Liability for failure to stop payment of preauthorized transfer:         If you order us to stop one of these payments 3 business days or more before the transfer is scheduled, and we do not do so, we will be liable for your losses or damages.

 

6.         Your Responsibility for Bank Charges:          It is your responsibility to ensure that the account(s) you authorize for debit using the Service have sufficient funds to cover any authorized debit. By authorizing an electronic debit from your authorized account, it is possible that the debit will cause you to incur charges from your financial institution, including without limitation overdraft charges. Any charges imposed by your financial institution, of any nature, in connection with a transaction authorized by you using the Service are and will remain solely your responsibility. 

 

7.         Effect of Unsuccessful Electronic Payment: In the event that an electronic payment authorized by you using the Service is unsuccessful for any reason, including because the Service is unavailable due to maintenance or other reason(s), you remain responsible for payments due to MPA and the attempted use of the Service to make payment does not modify or excuse your responsibility to make payment to MPA in accordance with existing contractual obligations, nor does such attempted use modify the consequence(s) of a failure to meet such obligations. 

 

If we do not complete a transfer on time or in the correct amount according to our agreement with you, we will consider the transfer, once the funds are actually received by MPA, to have been made as and when requested by you, whether by electronic funds transfer or otherwise. However, there are some exceptions. This provision will not apply, for instance:

(a)        If, through no fault of ours, you do not have enough money in your account to make the transfer.

 

(b)        If the transfer would go over the credit limit on your overdraft line.

(c)        If the system was not working properly and you knew about the breakdown when you started the transfer.

(d)       If circumstances beyond MPA's control (such as fire or flood) prevent the transfer, despite reasonable precautions that MPA has taken.

 

(e)        There may be other exceptions stated in our agreement with you.

 

8.         If your payment is returned unpaid, you authorize MPA to make a one-time electronic fund transfer from your account to collect a fee, the amount of which will be determined in according to the terms of your lease.

 

9.         Security of Electronic Communications:        Although MPA has taken measures to provide security for the information sent and received using the Service, including personal information and account numbers, MPA cannot and does not provide any warranty or guarantee that such information is or will remain secure. You agree to keep your password and account designation confidential and not to disclose it to any third party. All information received from your account will be deemed by MPA to have been authorized by you and MPA will rely on its authenticity based upon the use of the password associated with your account.

 

10.       Printing or Downloading Documents:            To print or download documents, including this Consent and Disclosure, you must have a printer connected to your computer or have sufficient storage capacity on your computer to store and view the information.

 

To print a document, click on the link to the document, select Print, select your printer, and click OK to print the document. To save a copy of a document, open the document by clicking on the link to the document, and use the Save or Save As function within your document viewer.

 

To print a web page, select Print, select your printer, and click OK to print the web page. To save a copy of a web page, use the Save or Save As function within your web browser.

                                

11.       Requesting a Paper Copy:       You may request delivery of a paper copy of this Consent and Disclosure and/or any other agreement or disclosure concerning this Service, at no cost to you, by contacting MPA in writing at [address], specifying the documents that you wish to receive in paper form and the address to which those documents should be sent to you by U.S. mail.

 

12.          Hardware and Software Requirements:      In order to utilize this Service, you must have access to a computer with browser software such as Chrome, Safari or Microsoft Internet Explorer, internet access, and an active/operating e-mail address. 

 

13.       Electronic Documents are "In Writing":         By this Consent and Disclosure, you agree that this and all other agreements and disclosures delivered electronically to you in connection with this Service are deemed to be "in writing" and are available to you in a form you may keep by either printing or downloading the documents, or by requesting a paper copy from us.

 

14.       Withdrawing Consent:            You have the right to withdraw your consent to conduct business electronically with us by either contacting MPA by sending your instructions to us by U.S. mail to 101 Federal Street, Suite 2200, Boston, MA 02110, or by delivering a written statement withdrawing your consent to our office.

 

If you withdraw your consent will no longer be able to utilize this Service.

 

15.       Governing Law:          This Consent and Disclosure is made in Massachusetts and shall be governed by the laws of the Commonwealth of Massachusetts to the extent that Massachusetts law is not inconsistent with controlling Federal Law.

 

16.       Changes to Service:    MPA reserves the right to change the Service or any of the terms and conditions associated with the Service, but only after posting the changes on this website. You should review the Consent and Disclosure / Terms of Use by clicking the "Terms of Use" button on the home page of the Service each time you access the Service.

 

 

17.       No Warranties:            You agree that MPA provides the Service "as is" and without warranty of any type, either express or implied. You agree that your use of the Service is at your own risk and that in no event shall MPA be liable to you for any damages of any type, including direct, indirect, incidental, consequential, punitive, or exemplary damages arising from or out of your use or the performance of the Service, including any damage that results from computer code (for example, computer viruses).

 

18.       Dispute Resolution:    Any dispute concerning the Service or arising out of or resulting from your use of the Service shall be governed by the laws of the state in which the property that is the subject of your use of the Service is situated (the “Territory”), without giving effect to its conflict of law principles, and shall be subject to the exclusive jurisdiction of the state and federal courts of the Territory.