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Updated to March 20th, 2020
Internet Site Terms and Conditions
PaygoBilling (PaygoBilling) provides this web site, being www.paygobilling.com (the “Site”) subject to your compliance with these terms and conditions (the “Agreement”). In this Agreement “PaygoBilling”, “Us”, “We” or “Our” (i) refers to PaygoBilling a Canadian company.
PLEASE READ THIS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE.
While visiting the Site, you may not:
a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;
b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or
c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.
PaygoBilling shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.
PaygoBilling Secure Inc has no obligation to monitor the Site. However, you agree that PaygoBilling has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with our Privacy Policy. PaygoBilling will not intentionally monitor or disclose any private electronic-mail message unless required by law. PaygoBillingreserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement. All information submitted to PaygoBilling through Site shall become the property of PaygoBilling and PaygoBilling shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in information that you may submit to PaygoBilling through this Site. PaygoBilling shall not be under an obligation of confidentiality in respect of such information except and to the extent that PaygoBilling enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by PaygoBilling or as may be required by applicable law.
In so far as you enter into a customer agreement, other than this Agreement, with PaygoBilling or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed pursuant to the PaygoBilling privacy policy posted on this Site, such as it may be from time to time.
6. Limitation of Liability.
PAYGOBILLING, INCLUDING ITS AFFILIATES, RELATED COMPANIES, SPONSORING BANKS, PROCESSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE. FURTHER, PAYGOBILLING MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL PAYGOBILLING BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL PAYGOBILLING BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN $100.
If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of PaygoBilling in operating the Site, your sole and exclusive remedy is to discontinue using the Site. You agree to defend, indemnify and hold PaygoBilling and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.
9. LIMITATIONS OF LIABILITY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAYGOBILLING, ITS AGENTS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO MEMBER FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF PAYGOBILLING HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL OUR LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENTS BETWEEN PAYGOBILLING AND YOU) EXCEED THE FEES ACTUALLY PAID TO PAYGOBILLING BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
All elements of the Site (the “Elements”) such as, without limiting the generality of the foregoing, the texts, articles, photos, illustrations, images, videos and audio materials, are the property of PaygoBilling and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of PaygoBilling or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.
The trademarks and logos used or posted on the Site are trademarks which were registered or not by PaygoBilling or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.
Third parties may provide links to other internet websites or resources on this Site. PaygoBilling neither controls nor endorses such ‘linked sites’ nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that PaygoBilling is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that our, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.
The Site originates and is published in Canada, however, certain services offered from this Site are offered elsewhere.
PaygoBilling reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.
If you are located in the United States when you accept this Agreement, this Agreement shall be governed pursuant to the laws of the State of New York whose courts, in New York City, shall have exclusive jurisdiction over disputes arising hereunder. If you are located outside of the United States when you accept this Agreement, this Agreement shall be governed pursuant to the laws of Canada, whose courts shall have exclusive jurisdiction over disputes arising hereunder.
This Agreement, including any and all documents referenced herein, constitutes the entire agreement between PaygoBilling and you pertaining to the subject matter hereof. In the event that you are solicited by PaygoBilling for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. Your failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.
If you have any questions concerning this Agreement, please contact PaygoBilling through the contact information set out on the Site.