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
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.
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: (email@example.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:
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 firstname.lastname@example.org 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 email@example.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.
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 firstname.lastname@example.org. 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.
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).
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.
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