Terms Of Services

1. BINDING EFFECT. This is a binding agreement between you and Payment Reservations Inc. a California Corporation (“PayCertify”). By using the Internet site located at PayCertify.com (the “Site”) or any services or Software provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by PayCertify  from time to time in its sole discretion. If you are using the Services on behalf of a business, you represent to PayCertify that you have authority to bind that business or entity to these Terms of Use, and that business accepts these Terms of Use. PayCertify will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. PRIVACY POLICY. PayCertify respects your privacy and permits you to control the treatment of your personal information. A complete statement of PayCertify’s current privacy policy can be found by clicking here. PayCertify’s privacy policy is expressly incorporated into this Agreement by this reference. When you are required to open an account to use or access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify PayCertify immediately on any unauthorized use of your account, user name, or password. PayCertify shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by PayCertify, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

3. USE OF SOFTWARE. PayCertify may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by PayCertify, for your personal, noncommercial, home use only. PayCertify does not transfer either the title or the intellectual property rights to the Software, and PayCertify retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by PayCertify or its licensors and you may not copy or use them in any manner.

4. USER CONTENT. You grant PayCertify a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting PayCertify, its affiliates, officers, directors, employees, consultants, agents, and representatives a perpetual, worldwide, sub-licensable license to use User Content in connection with the operation of the Internet business of PayCertify, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that PayCertify may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

6. INAPPROPRIATE CONDUCT. You may not, nor may you permit any third party, directly or indirectly, to: (i) export the Software, which may be subject to export restrictions imposed by US law; (ii) access or monitor any material or information on any Cmpany system using any manual process or robot, spider, scraper, or other automated means; (iii) decompile, disassemble or otherwise reverse engineer the Software; (iv) perform or attempt to perform any actions that would interfere with the proper working of the Services, prevent access to or use of the Software by our other customers, or impose an unreasonable or disproportionately large load on our infrastructure; or (v) use the Software for any illegal activity or goods or in any way that exposes you, other users, our partners, or PayCertify to harm. If PayCertify reasonably suspects that your account has been used for an unauthorized, illegal, or criminal purpose, you give us express authorization to share information about you, your account, and any of your transactions with law enforcement. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; (d) contains corrupted data or any other harmful, disruptive, or destructive files; (e) advertises products or services competitive with PayCertify’s or its partners’ products and services, as determined by PayCertify in PayCertify’s sole discretion; or (f) in PayCertify’s sole judgment, is objectionable, restricts or inhibits any person or entity from using or enjoying any portion of the Software, or which may expose PayCertify, its affiliates or its customers to harm or liability of any nature. Although PayCertify has no obligation to monitor any content, PayCertify reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. PayCertify intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

7. COPYRIGHT INFRINGEMENT. PayCertify has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. PayCertify has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of PayCertify or of a third party, or otherwise violated any intellectual property laws or regulations. PayCertify’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PayCertify to delete, edit, or disable the material in question, you must provide PayCertify with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PayCertify to locate the material; (d) information reasonably sufficient to permit PayCertify to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to PayCertify’s designated agent at: Payment Reservations Inc. DBA PayCertify Los Gatos, CA 95030 855-247-3411 [email protected]

8. ALLEGED VIOLATIONS. PayCertify reserves the right to terminate your use of the Service and/or the Site. To ensure that PayCertify provides a high quality experience for you and for other users of the Site and the Service, you agree that PayCertify or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. PayCertify does not intend to disclose the existence or occurrence of such an investigation unless required by law, but PayCertify reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if PayCertify believes that you have violated any of the Terms of Use, furnished PayCertify with false or misleading information, or interfered with use of the Site or the Service by others.

9. SECURITY. PayCertify has implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, PayCerify cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You provide your personal information at your own risk.

10. REPRESENTATIONS AND WARRANTIES. You represent and warrant to us that any information you provide in connection with the Services, including your business name, accurately and truthfully represents your business or personal identity under which you sell goods and services; (d) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you and/or your business; (e) you will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) your use of the Services will be in compliance with these Terms of Use.

11. NO WARRANTIES.  PAYCERTIFY HEREBY DISCLAIMS ALL WARRANTIES. PAYCERTIFY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PAYCERTIFY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. PAYCERTIFY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. LIMITED LIABILITY. PAYCERTIFY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PAYCERTIFY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY PAYCERTIFY. UNDER NO CIRCUMSTANCES WILL PAYCERTIFY BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF PAYCERTIFY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, strict liability, or any other legal theory or form of action even if PayCertify has been advised of the possibility of such damage.

13. AFFILIATED SITES. PayCertify has no control over, and no liability for any third party websites or materials. PayCertify works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither PayCertify nor the Site has control over the content and performance of these partner and affiliate sites, PayCertify makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and PayCertify assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that PayCertify makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. PROHIBITED USES. PayCertify imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by PayCertify in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNITY. You agree to indemnify, defend, and hold harmless PayCertify, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from: (i) your access to or use of the Site, the Software or the Services, (ii) your violation of these Terms of Use, (iii) your violation of any law, rule or regulation of the United States or any other country; or (iv) your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. PayCertify will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

16. COPYRIGHT/TRADEMARK. All contents of Site or Service all rights reserved unauthorized use of the Companies Trademark is prohibited.

17. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, USA in all disputes arising out of or related to the use of the Site or Service.

18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by PayCertify or by any third party.

20. CALIFORNIA USE ONLY. The Site is controlled and operated by PayCertify from its offices in the State of California. PayCertify makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as PayCertify’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

21. MODIFICATIONS. PayCertify may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. PayCertify shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. This agreement constitutes the entire agreement between the parties. 

22. ASSIGNMENT. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted transfer or assignment will be null and void.

23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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