Agreement For Use of Our Website
We reserve the right, at our sole discretion, to modify, add, or remove (“Change”) any portion of this Agreement in whole or in part, at any time. Changes to this Agreement will be effective when posted on the Site. Your continued use of the Site after any Changes to this Agreement are posted constitutes acceptance of those Changes. We may terminate, change, suspend, or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. We also may impose limits on certain features and services or restrict your access to part or all of the Site without notice or liability. The Agreement may only be modified in writing or by our posting on the Site and cannot be modified through course of conduct nor by trade practices.
Use of This Site The Site may be used for obtaining information about us and our products or to transact business with us. In order to access the Site, you must be at least 18 years old and a resident of the United States. We do not knowingly market to, solicit, or collect information from children under the age of 18 or non-U.S. residents. Access to the Site from territories where its contents are illegal is prohibited. If we knowingly obtain personally identifiable information of children under the age of 18, we will delete that information from our systems.
Additionally, we reserve the right to investigate suspected violations of the Agreement and other potentially illegal conduct. Any violation of the Agreement or of any applicable law or regulation may be referred to law enforcement authorities.
Termination. We reserve the right, without notice and liability, to terminate your use of the Site at our sole discretion.
User Conduct You agree not to: (1) disrupt or interfere with the security of, or otherwise abuse, the Site or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; (2) disrupt or interfere with any other user’s access, use, or enjoyment of the Site or affiliated or linked websites; (3) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; (4) use or attempt to use or access another person’s account or personal information, or create or use a false identity on the Site; (5) attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; and (6) violate any local, state, or federal laws or regulations that apply to your access to or use of the Site. You further agree that you are solely responsible for actions and communications undertaken or transmitted under your Account.
You may not use any robot, spider, or other device to monitor, “scrape,” or otherwise copy or duplicate content on the Site.
We reserve the right to seek all remedies available at law and in equity for violations of the Agreement. Our failure to act with respect to a breach of the Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us will be in full force and effect unless made in writing and signed by a duly authorized officer.
Ownership of Content The Site, including past, present, and future versions, information, content available for download, domain names, images, photographs, animation or video clips, source code, object code, HTML and other codes, audio, music, text, and the “look and feel” of the Site are owned or licensed by us or our affiliates, and are protected from unauthorized use, copying, and dissemination by U.S. copyright, trademark, patent, and other laws, rules, and regulations. By using this Site, you agree to comply with all copyright laws and acknowledge that we do not grant you any express or implied right under copyright, patent, trademark, or trade secret law. You may not reproduce, transmit, remove, modify, copy, display, sell, or in any way use any of the content or materials on or within the Site without our express consent. All content remains exclusively ours, and nothing in the Agreement shall be read as a transfer of title.
Reliance On Information Posted. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
Digital Millennium Copyright Act notice We will promptly process, investigate, and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, we will act to promptly remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to any reference or link to material or activity claimed to be infringing. Provide notice of claimed copyright infringement to one of the addresses or numbers below:
By mail: PayFina, LLC.: Compliance Department 1150 E. Little Creek Rd., Suite 201 Norfolk, VA 23518 By facsimile: 757-587-9723 email: email@example.com
Please include in the subject line the word “copyright” for all claims of copyright infringement and the words “intellectual property” for all claims of any other intellectual property infringement.
Third-Party Sites The Site may contain links to third-party services and resources. If you use these third-party sites, you will leave our Site and will do so at your own risk, including but not limited to risk of viruses or other disruptive or destructive files. We do not control the availability and content of these third-party sites. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular third-party service or resource that provides the content. The existence of a link to a third-party site does not constitute our endorsement or recommendation of the third party or the third party’s site and does not constitute a warrant that the third-party site is authorized to use any trademark, trade name, logo, or copyright displayed or accessible through the link. WE DISCLAIM ALL LIABILITY FOR ANY LOSS OR DAMAGES ARISING FROM THE CONTENT OR PROVISION OF SERVICES OF ANY THIRD-PARTY SERVICE OR RESOURCE.
You must receive our prior written permission before creating a link to the Site. Any unauthorized links or false or misleading uses of the Site or our trademarks or service marks are prohibited.
Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW
Limitation of Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnity You agree to defend, indemnify, and hold us and our subsidiaries, affiliates, successors, and assigns, and our and their respective shareholders, directors, officers, employees, and agents, harmless from and against any and all claims, investigations, liability, judgments, settlements, damages, costs, and expenses, including but not limited to attorneys’ fees, arising from or relating to your use of the Site, except to the extent that we fail to perform our express obligations to you under this Agreement. You further agree to cooperate fully in the defense of any claim or any investigation in which both you and we are named parties and additionally agree that we reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You expressly agree that you will not settle any claim without our prior written content.
Arbitration READ THIS PROVISION (the “Arbitration Provision”) CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW DISPUTES AND CLAIMS THAT YOU AND/OR WE HAVE AGAINST EACH OTHER ARE RESOLVED.
At our sole discretion, we may require you to submit any disputes arising from the use of the Site or this Agreement, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Oregon law.
Enforcement and Choice of Law This Agreement shall be governed by the laws of Virginia, without regard to its conflict of laws principles. If any part of this Agreement is unenforceable, such part will not make any other part of this Agreement unenforceable, except that if the part of the Arbitration Provision prohibiting arbitration involving a class action or multiple claimants is unenforceable, all of the Arbitration Provision in this Agreement shall be unenforceable. By using the Site, for any claims that are not arbitrated, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Norfolk, Commonwealth of Virginia.
Entire Agreement — Interpretation Subject to the terms of any other agreement(s) applicable to any products or services accessed or purchased by you from us, this Agreement constitutes the entire agreement between you and us governing your use of this Site. The headings used in this Agreement are for the convenience of reference only and are not intended to define or describe the scope or intent of any portion of the Agreement. You agree that the Agreement will not be construed against us by virtue of our having drafted the Agreement.
Contact Information If you have questions about this Agreement, please call us at 757-457-0390 or write to us at PayFina, LLC., 1150 E. Little Creek Rd., Suite 201, Norfolk, VA 23518.
Effective Date November 1, 2019.