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ReadyPayGo Terms of Service Agreement

 

Effective Date: January 28, 2017

Please read these Ready Pay Go (“RPG”) Terms of Service. By visiting an RPG website, or using any RPG service (“Service”) you are conclusively deemed to have accepted and agreed to be bound by these Terms. RPG reserves the right to accept or reject all Users. These Terms of Service (“Terms”) are a legal binding agreement between you and RPG. You agree that you have read understand, accept and agree to be bound by these terms. If you do not agree to these terms, do not use the site or services.

Acceptance of Terms and Privacy Policy

The internet site available at https://my.readypaygo.com, all related sites, mobile applications, content and services offered in relation to this site or applications are owned and operated by RPG and can only be used by your agreement to be bound by the RPG Terms of Service and RPG Privacy Policy

Use of RPG Services

To use RPG Services you must be at least eighteen (18) years old. We reserve the right to require you meet the age requirement. Failure to provide accurate proof of age may result in termination of Services.

If you are agreeing to these Terms on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms.

How we protect your data: Please refer to our Privacy Policy available on the RPG website at https://my.readypaygo.com for information on how we protect your data.

Certain sections of the Services we provide may require you to register as a user or create an account. By registering or creating an account, you agree to provide accurate and complete information and to inform us of any changes to that information. Each registration is for a single user only, unless otherwise expressly provided on the registration page. You are responsible for maintaining the confidentiality of your account and password. If you believe there has been unauthorized use, you must notify us immediately.

RPG reserves the right to suspend account access and take any account offline at RPG discretion. RPG is not liable for any of the Users potential damages upon suspension.

RPG Services

RPG provides payment processing and payment reporting services by using 3rd party functionality to process payments and receive details about payments that have occurred in the past.

RPG Fees/Refunds

You agree to pay all fees as agreed upon in the Ready Pay Go User Agreement.

In RPG’s discretion, they may choose to refund fees collected exclusively by RPG. Any fees paid to third party services shall not be refunded by RPG and it shall be your exclusive remedy to obtain such refunds through those third-party services.

Taxes

RPG does not include taxes or similar governmental assessments of any nature, including any tax assessable by your jurisdiction. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is solely your responsibility to assess, collect, report and remit the correct taxes. RPG is not responsible for determining if any tax is applicable, collecting taxes, or paying taxes as a result of any transaction.

Updates and Changes to Services

RPG reserves the right, from time to time, to change, modify, update, remove, delete, or discontinue any or all the Services at any time without further notice. By accessing the Services after any change mentioned above, you agree that you have read and understand the changes and fully agree to be bound by them.

Electronic Communication

When you use any RPG Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Proprietary Rights

The technology and content provided by RPG is owned by or licensed to RPG and protected by United States and international intellectual property laws. RPG and its licensors retain all proprietary rights to that content and technology. Please see notices on individual referenced sites, products and services for additional notices and information. The trademarks, service marks, trade names and logos appearing on this site are trademarks of RPG and or its affiliates or licensors.

By offering this Service for use, we provide you with a worldwide, nonexclusive, nontransferable, revocable, limited license to access and use of the information and services on for RPG, strictly subject to and in accordance with these Terms. We reserve the right to terminate this license at any time and for any reason. Your failure to comply with these Terms will result in automatic termination of this license, with or without prior notice, and you must immediately destroy all copies of any downloaded materials in your possession or control. Except for the limited license set forth in these Terms, RPG does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Usage Restrictions

By accessing, browsing, or using any RPG website or service (the “Services”), you agree to the following restrictions:

i. You will not use, intentionally or unintentionally any of the content, information, or services on a RPG Service in a manner contrary to or in violation of any applicable international, national, federal, state, or local law, rule, or regulation having the force of law.

ii. You will not use a RPG Service in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for this website

iii. You will not interfere with any other party’s use and enjoyment of a RPG Service, or of any of the content, information, or services provided on an RPG Service;

iv. To the extent that you are able to upload, post or otherwise transmit content using this site you will not 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);

v. You will not 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;

vi. You will not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for this website, through password mining, hacking, or any other means;

vii. You will not seek to gain access to any materials or information through any means not intentionally made available by us;

viii. You will not reproduce, duplicate, copy, download, store, further transmit, disseminate, transfer, or otherwise exploit an RPG Service, or any portion hereof without RPG’s prior written consent, except that you may reproduce limited content from this site describing RPG’s products and services solely to educate users or potential users about RPG products or services;

ix. You will not use any framing techniques to enclose any portion of a RPG Service (including, but not limited to, images, text, page layout, and form) without RPG prior consent;

x. You will not make any use of the trademarks, service marks, trade names, logos, and graphics on this website without RPG consent;

xi. You will not use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities, or users;

xii. You will not use any robot, spider, other automatic software or device, or manual process to monitor or copy an RPG Service or the content, information, or services on this website without RPG prior written consent;

xiii. You will not collect any email addresses made available on this site for purposes of 3rd party promotions or marketing campaigns;

xiv. You agree to not send unsolicited electronic messages to multiple unrelated recipients or engage in any other form of spamming prohibited by law in connection with activities contemplated under this Agreement.

xv. You will not distribute, on or through a RPG Service, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization outside the scope of this Agreement without RPG prior written permission; and

xvi. You will not use or otherwise export or re-export this website, or any portion thereof, in violation of the export control laws and regulations of the United States of America or any other country.

WARRANTIES AND DISCLAIMERS

RPG PROVIDES THIS SERVICE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO:

WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTLESS, AND DELAYS; WARRANTIES THAT ACCESS TO ANY PRODUCT WILL BE UNINTERRUPTED, SECURE, COMPLETE, OR ERROR FREE; WARRANTIES AS TO THE LIFE OF ANY URL OF THIRD-PARTY WEB SERVICE; AND WARRANTIES WITH REGARD TO ANY CONTENT OR SOFTWARE THAT HAS BEEN MODIFIED IN ANY WAY BY ANYONE OTHER THAN, AND WITHOUT THE EXPRESS APPROVAL OF, RPG.

BY ACCESSING, BROWSING OR USING ANY RPG SERVICE, YOU ACKNOWLEDGE THAT PROVISIONS OF CONTENT AND SOFTWARE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS, AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA OR DAMAGE TO MEDIA; RPG SITES, AND THE PRODUCTS AND SERVICES REFERENCED THEREIN MAY NOT SATISFY USER REQUIREMENTS NOT EXPRESSLY STATED IN THE AGREEMENT AND IN NO EVENT WILL RPG BE LIABLE, IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH USE OF THIS WEBSITE OR SERVICE, WHETHER OR NOT RPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; ANY CLAIM(S) RELATING IN ANY WAY TO USER’S INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM SUCH RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY RPG; ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON THE AVAILABILITY OF OR CONTENT MADE AVAILABLE THROUGH ANY RPG SERVICE.

RPG USES THIRD PARTY SERVICES TO HELP PROCESS YOUR INFORMATION. YOU AGREE THAT YOU SHALL BE BOUND BY ANY SUCH THIRD PARTIES TERMS AND CONDITIONS, PRIVACY POLICIES OR OTHER AGREEMENTS. YOU ALSO AGREE THAT RPG PROVIDES NO WARRANTY OR GUARANTEES FOR THOSE THIRD-PARTY SERVICES.

INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD RPG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINT ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR NEGLIGENT ACTION OR NONACTION BY YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL RPG BE LIABLE TO USER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT (OR LOSS OF DATA OR DIMINUTION IN VALUE), OR FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT RPG HAS BEEN ADVISED OF THE OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL RPG AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO RPG PURSUANT TO THESE TERMS IN THE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Release

If you have a dispute with any User or Third Party, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demand and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may or suspect to exist in your favor at the time of agreeing to this release.

Termination

30 day written – User is responsible for terminating 3rd party

Governing Law and Jurisdiction

These Terms shall be governed by and enforced in accordance with the laws of the State of Idaho, regardless of the law that might otherwise apply under applicable principles of conflicts of law.

Compliance with Applicable Law

You shall at all times comply with all federal, state and local laws, regulations, executive orders and ordinances pertaining to your respective business, services, employment obligations, and the subject matter of these Terms.

Notice

Any notice given in connection with this Agreement shall be in writing and shall be delivered by e-mail or by posting to the Site or Service.

Links to Third Party Sites

This Service may provide links to other third-party World Wide Web sites or resources. RPG makes no representations whatsoever about any other web site which you may access through this Service. Because RPG has no control over such sites and resources; you acknowledge and agree that RPG is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. RPG makes no representations or warranties as to any third party content, products or services, and you agree that RPG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance upon any such third party content, product or services available on or through any such site or resource.

Independent Contractor Status

The services to rendered under these Terms are those of an independent contractor. RPG is not an officer, employee or agent of User.

Insurance

User shall at all times secure at its own expense and keep in effect while using RPG services general liability or professional liability in the amount necessary to protect the User from any potential loss associated with these terms. RPG shall not be liable for any losses covered by the required user insurance.

Waiver

No waiver by RPG of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by RPG. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Severability

If any provision of these Terms is deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Attorney’s Fees

In the event a lawsuit of any kind is instituted under these Terms or to obtain performance of any kind under these Terms, the prevailing party shall be entitled to additional sums as the court may adjudge for reasonable attorneys’ fees, subject to the other party’s right to appeal.

Force Majeure

Neither party shall be liable for or deemed to be in default for any delay or failure to perform under these Terms if such delay or failure to perform results from an act of God, civil or military authority, act of war, riot, insurrection, escalation of hostilities, or other occurrence beyond that party’s control. In such case, the intervening cause must not be caused by the party asserting it and the excused party is obligated to promptly perform in accordance with the terms of these Terms after the intervening cause ceases.

Assignment

User shall not assign any of its rights or delate any of its obligations under these Terms without the prior written consent of RPG. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves User of any of its obligations under these Terms.