Terms of Service

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS.  BY ACCESSING THIS SITE, OUR MOBILE APPLICATION OR BY USING THE SERVICES OF PAYRANGE, YOU AGREE TO BE BOUND BY THE LEGAL TERMS AND CONDITIONS HEREINAFTER, AND ALL APPLICABLE TERMS AND CONDITIONS OF PAYRANGE CONTAINED IN OTHER PAYRANGE DOCUMENTATION, INCORPORATED BY REFERENCE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE.

1. Terms and Conditions of Service

These Terms of and Conditions of Service (“Terms”) apply to your access to, and use of, the websites, mobile applications and other products and services (collectively, the “Services”) of PayRange (“PayRange,” “we” or “us”).  These Terms do not alter in any way the terms or conditions of any other agreement you may have with PayRange for products, services or otherwise.  If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.

PayRange reserves the right to change or modify these Terms at any time and in our sole discretion. If PayRange changes or modifies any provision of the Terms, we will either post on the website or send out a notice or both when changes have been made to the terms that materially affect you, and indicate by what time those changes will be implemented, unless otherwise dictated by law. You are encouraged to review the Terms from time to time.  Your continued use of the Services will confirm your acceptance of the revised Terms.   If you do not agree to any amended Terms, you must stop using the Services.

 2. Additional Terms

The purchase, funding or loading of stored value onto a card, into an account or other instrumentality or the redeeming, transferring or loading of promotional value into an account or other instrumentality is governed by the PayRange Terms of Sale and Account. The download and use of the PayRange Mobile Application is governed by the Mobile Application License Agreement. Your privacy concerns are governed by the PayRange Privacy Policy. These agreements and the terms therein subject to change at any time and in our sole discretion. You are encouraged to review the Agreements and terms when using the services and making purchases.

3. Operation of Mobile Devices

The PayRange Services are enabled through Bluetooth technology. In some cases, in order to ensure the Services are properly delivered, the PayRange application may restart the Bluetooth connection in order to perform the services, and such restarting of the Bluetooth connection may interrupt other Bluetooth connections established with that mobile device.

4. Limited License to Intellectual Property

The contents of this web site, such as text, data, software, photographs, graphics, videos, music, sounds and other information and material (the “Site Material”) and that of the Services is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise PayRange is the lawful licensee or owner of all proprietary rights in or related to the Site Material and Services, including patent, copyright, trademark, trade secret, trade dress or other competition law, which extends to all applications, renewals, extensions and restorations thereto. Any other trademarks, registered trademarks, product names and company names or logos mentioned in the Site Material or Services is or may be the property of their respective owners and may not be used without permission of the applicable rights holder.

PayRange hereby grants to you a non-exclusive, limited, nontransferable non-sublicensable license to access and use the Site Materials and the Services. You agree you shall not, (and shall not authorize), prepare derivative works from, adapt, modify, use, analyze, reverse engineer, translate, convert, decompile, disassemble or apply any procedure, program or process to any code provided or developed by PayRange to ascertain, derive and/or appropriate for any reason or purpose, the object or source code or any trade secrets or proprietary information contained in the Site, Site Material and Services. You agree to not obscure, alter or remove any PayRange intellectual property or PayRange intellectual property or proprietary rights notices enclosed in attached or affixed to or otherwise accessed in conjunction with or by the Site Material and Services. Except as expressly authorized by PayRange, you may not copy, sublicense, loan, sell, assign, lease, rent, transfer, act as a service bureau, distribute or grant the same or similar rights in the Services or any Site Materials provided by PayRange under this Agreement to any other person or entity without the prior written consent of PayRange. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by PayRange. PayRange may assign these Terms of Use, in whole or in part, at any time with or without notice to you.

If you believe that material available on our site infringes on your copyright(s), please notify us by providing a Digital Millennium Copyright Act DMCA notice. Upon receipt of a complete and valid notice, we will remove the material and make a good faith attempt to contact the user who uploaded or embedded the material. The requirements for proper notification may be found here 17 U.S.C. §512(c)(3) , and be mailed to the address below or emailed here: (info@payrange.com) 919 SW Taylor St., Suite 500, Portland, Oregon 97205; or Telephone PayRange Customer Service at (855)856-6398

Such notification must be in good faith. Knowingly misrepresenting that material or activity is infringing may bring liability for damages including attorney’s fees, and that includes attorney’s fees PayRange may incur due to reliance on the above notification. Repeat infringers, as defined by the DMCA, may have their access terminated, at the sole discretion of PayRange.

If you are using PayRange software such as an API, developer’s toolkit or other software application that you have downloaded to your computer, device, or other platform, then PayRange grants you a revocable, non-exclusive, non-transferable license to use PayRange’s software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software for your personal use only. You must comply with the implementation and use requirements contained in all PayRange documentation accompanying the PayRange Services. If you do not comply with PayRange’s implementation and use requirements you will be liable for all resulting damages suffered by you, PayRange and third parties. PayRange may change or discontinue any APIs upon notice to you

5. Accounts and Registration Detailed Below

In order to use the Services, you will be required to register for a PayRange account.  These terms are more thoroughly explained in the PayRange Terms of Sale and Account. An Account may be made through such means as (i) you create an account on the website or through the app, which at a minimum you will be required to have a valid email address and password), (ii) log in through a social media site, where an account is created through information released from the social media site, (iii) an account is generated through the means of a gifting process, or (iv) any other way.

The Services are not directed to children under 13. Our primary means of payment using this website is a credit card, which are not available to children under the age of 18, and generally may not be used by children without their parent’s consent. We will not knowingly collect, maintain, or disclose any personally identifiable information from a child under 13, unless that Account was opened and registered by the respective child’s parent or guardian and has verified consent for the account. By using the Services, you represent and warrant that you are 13 years of age or older. In certain cases, if you are between the ages of 13 and 18 (or the age of legal majority under applicable law), you may be able to use the Services, but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

6. Third Party Content

Content on this Site may link to web pages and content of third parties (collectively, “Third Party Content”) for those interested in this information. PayRange not control, endorse or adopt any Third Party Content nor does it make any guarantee as to accuracy or completeness of the Content.  You agree to use such Third Party Content contained therein at your own risk. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and undertake no responsibility to update or review such Third Party Content.

Advertisements and promotions may be displayed to you on the Sites or sent to you or may otherwise provide information about or links to third-party products or services from third parties.  Dealings or correspondence with, or participation in promotions of, any third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are between you and such third party alone.  PayRange assumes no liability or responsibility for any damage or loss of any kind in any way incurred as the result of such dealings or promotions or as the result of the presence of such advertisers or third party information on this Site.

7. User Content and Conduct

The Site Material and the Services may include interactive areas in which you along with other registered users may interact, by means of, for example, creating and sending messages or other information such as pictures (“Content”).  These interactive areas are generally designed as public forums for sharing Content with other people.  If you choose to participate in these interactive areas, you understand that information and content posted may be displayed publicly, and once displayed publically, may never be able to be completely deleted from the World Wide Web.  You are solely responsible for your use of the Site Material and the Services acknowledge that you use the interactive areas at your own risk.

By using the Site Material and the Services, you agree you will not Publish (post, upload, transmit, distribute, store or create) through the Site Material and the Services any of the following:

  1. Any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical status, financial information, information concerning sexual orientation, political opinions, criminal activities or information related thereto, religious beliefs, racial or ethnic information, or other sensitive matters) unless agreed to in writing with PayRange;
  2. Content that is unlawful or objectionable, or Content that may jeopardize relationships PayRange has with its employees, vendors and customers. Unlawful Content includes that which is obscene, pornographic, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, or fraudulent. Objectionable Content includes that which is indecent, lewd, suggestive, abusive or inflammatory; Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
  3. Content that may infringe any intellectual or proprietary property, such as patent, trade dress, trademark, trade secret, copyright or other intellectual or proprietary right of any party.  By posting any Content, you represent and warrant that you have the lawful right to distribute and produce such Content;
  4. Content that misrepresents your identity, impersonates any person or entity or otherwise or falsifies an affiliation with another person or entity;
  5. Any unsolicited advertising, promotional materials or other forms of solicitation or commercial content or direct marketing;
  6. Viruses, malware, spyware, Trojan horses, time bombs or any other harmful, disruptive or destructive files; and
  7. Content that, in the sole judgment of PayRange, is objectionable, restricts or inhibits any other person from using or enjoying the Sites or which damages the image or rights of PayRange, other users or third parties.

PayRange does not control, assume liability or take responsibility for any Content posted or any third party. PayRange shall not be liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity in the Site Material or in the Services.  PayRange will use its sole discretion to enforce the above Terms. Our enforcement or lack thereof does not produce any further guideline or waiver of the above Terms.

If you believe some action or Content violates these Terms, you may report it by (i) contacting us by email at info@payrange.com or (ii) writing to us at PayRange, 919 SW Taylor St., Suite 500, Portland, Oregon 97205 which is our physical address, or (iii) contacting us by telephone at (855)856-6398 or (iv) clicking on the “Report Abuse” or “Flag” links located just below each piece of Content, if applicable. (However copyright infringement addressed in the DMCA portion, should be handled in that prescribed manner) solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms in other instances. These Terms do not create any private right of action on the part of any third party. No party should or may expect the Site will be free from Content prohibited by these Terms.

PayRange reserves the right, but does not assume an obligation, to moderate, monitor, screen and edit Content, and reserves the absolute right and discretion to screen edit or remove and Content at any time without notice. PayRange shall not be liable for any loss or damage to Content, whether intentional by us or a third party or unintentional through any means.

 8. Contacting PayRange

 If you have any questions, comments, concerns regarding this the services, or suggestions or other improvements on or related to the Services (“Suggestions”), please contact us by email at info@payrange.com or (ii) writing to us at PayRange, 919 SW Taylor St., Suite 500, Portland, Oregon 97205 which is our physical address, or (iii) contacting us by telephone at (855)856-6398. All Suggestions shall become the sole property of PayRange, and PayRange shall own all exclusive right, title and interest to all intellectual property thereof, and all intellectual property derived therefrom, and shall be entitled to unfettered use for any purpose whatsoever without compensation or acknowledgement to you. If you intend to pursue your suggestions or in any way make money from them, do not send them to PayRange.

Electronic Delivery of Communications.  You agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Communications”) that we provide in connection with your PayRange account (“Account”) and your use of our services. You agree that PayRange may rely on your information as complete and accurate. Communications include, but are not limited to: agreements and policies to which you agree (e.g., the PayRange Terms of Service, Terms of Sale and Account and the PayRange Privacy Policy), including updates to these agreements or policies; information related to any Account, including transaction information or confirmations and history, as well as federal and state tax statements which we are required to make available to you, such as an IRS form 1099.

Withdrawing Consent. You may withdraw your consent to receive Communications electronically by writing to us at PayRange Inc., 919 SW Taylor St., Suite 500, Portland, Oregon 97205, or, ironically, contacting us by email at info@payrange.com. You may also withdraw consent to receive an electronic copy of your IRS Form 1099, yet maintain electronic communications with us by requesting paper copies of the IRS form 1099 in the manner described above.

Requesting Paper Copies of Electronic Communications. If you would like a paper copy of any Communication previously sent to you, you may contact us and make a request for a paper copy, up to 6 months after the date of the Communication. Requests made after 6 months may not be able to be met. Paper copies of Communications will be sent by first class US mail. In order for us to send you paper copies, you must have a current street address on file or provide it to us.

Maintaining Accurate Contact Information. For receiving electronic communications, you agree to keep the email address you give us to use to communicate with you up to date, complete and accurate. You agree to update your contact information when needed and acknowledge that if we do not have accurate contact information, we may not be able to communicate with you. For receiving any written, physical communications from PayRange, you must provider your complete and accurate physical address for receipt of US mail.

9. Disclaimers

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. (I) PAYRANGE; (II) THE PROCESSORS, SUPPLIERS OR LICENSORS OF PAYRANGE; OR (III) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (I) OR (II) ABOVE (COLLECTIVELY, THE “DISCLAIMING ENTITIES” AND INDIVIDUALLY A “DISCLAIMING ENTITY”) DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICES AND THE CONTENT CONTAINED THEREIN, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT ANY DISCLAIMING ENTITY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. THE DISCLAIMING ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY THE DISCLAIMING ENTITIES OR OUR AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.  SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 10. Limitation of Liability

 TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE DISCLAIMING ENTITIES  BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITH NO LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES AND THE CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO, ANY STORED VALUE OR STORED VALUE CARD OR DEVICE, PROMOTION OR PROMOTIONAL VALUE, RELATED PRODUCTS AND SERVICES (INCLUDING, BUT NOT LIMITED TO, THE REDEEMABILITY OF CARDS CODES OR PROMOTIONS), THIRD-PARTY SERVICES AND/OR THIRD-PARTY MATERIALS, OR USER GENERATED CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF THE DISCLAIMING ENTITIES  HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE DISCLAIMING ENTITIES’ TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY FEES PAID FOR THE SERVICES (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, WITHOUT LIMITATION, ANY FEES ASSOCIATED WITH YOUR DEVICE, THE COST TO PURCHASE AND OPERATE YOUR DEVICE, THE COST OF ANY CARD CODE OR PROMOTIONAL VALUE OR THE COST OF ANY PRODUCTS OR SERVICES PURCHASED WITH A CARD CODE OR PROMOTIONAL VALUE).

 11. Indemnification

You agree to defend, indemnify and hold harmless PayRange, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Content or Ideas you provide; (c) your violation of these Site Material and the Services; (d) your violation of any rights of another; or (e) your conduct in connection with the Site. PayRange shall be allowed to control the defense in the case of any legal action.

12. Applicable Law

You agree that the Terms and the Site, Site Material and the Services are governed by the laws of the State of Oregon, without regarding the conflict of law provisions. You and PayRange each agree that any and all disputes or claims that have arisen or may arise between you and PayRange shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. Any action or proceeding relating to your access to, or use of, the Sites or the Terms and the Site, Site Material and the Services shall be instituted in Portland Oregon, Oregon. You and PayRange agree to submit to the jurisdiction of, and agree that venue is proper in any such action or proceeding. The parties both waive the right to a jury trial, and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. Please refer to End User Terms of Sale and Account for details on Disputes with PayRange.

13. Termination or Modification of Services

We reserve the right to modify or discontinue, temporarily or permanently, the Terms and the Site, Site Material and the Services or any features or portions thereof without notice.  You agree that PayRange will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.

14. Severability

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

PayRange Inc., April, 2015

 

Special Provisions for iOS Users

  1. Acknowledgement: You acknowledge that the Terms are concluded between You and PayRange only, and not with Apple, and that PayRange, not Apple, is solely responsible for the Licensed Mobile Application and the content thereof.
  2. Scope of License: PayRange grants to you for the Licensed Application a limited, non-transferable license to use the Licensed Application on any iPhone or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Maintenance and Support: PayRange is solely responsible for providing maintenance and support services with respect to the Licensed Application, as specified in the Terms, or as required under applicable law. You and the PayRange acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
  4. Warranty: PayRange is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of PayRange.
  5. Product Claims: You and PayRange acknowledge that PayRange, and not Apple, is responsible for addressing any of your claims or any third party relating to the Licensed Application or your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Notwithstanding the above, PayRange expressly disclaims all express, implied and statutory warranties to the fullest extent possible by law, including but not limited to warranties of merchantability, fitness for a particular purpose, non- infringement or proprietary rights, and any warranty related to or regarding the reliability of the Application, including timeliness, performance and security of the Application. Your use of this Application (including downloading and use of services), is at your own risk.
  6. Intellectual Property Rights: You and PayRange acknowledge that, in the event of any third party claim that the Licensed Application or your possession and use of the Licensed Application infringes a third party’s intellectual property rights, PayRange, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  7. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: Any and all of your questions, complaints or claims with respect to the Licensed Application should be directed to (i) contacting us by email at info@payrange.com or (ii) writing to us at PayRange, 919 SW Taylor St., Suite 500, Portland, Oregon 97205, which is our physical address, or (iii) contacting us by telephone at (855)856-6398.
  9. Third Party Beneficiary: You and PayRange acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary hereof.