Last updated: July 1, 2021
PLEASE READ THESE TERMS CAREFULLY.
We expressly reserve the right to revise these Terms at any time and shall pose the latest revision here at https://www.infopay.com/terms. Any revision and/or addition to these Terms shall become effective and binding on you when you continue to use the Website on or after the effective date of such revision and/or addition.
1. License and Conditions of Use
Conditioned on your compliance with these Terms, we grant to you a personal, revocable, limited, non-exclusive, non-transferable license to use the Website, its content, or any part of the Website, including but not limited to any and all text, graphics, images, photographs, and computer code (individually and collectively, the “Website Content”) for your personal, individual, non-commercial, and non-automated use only. We reserve all rights of ownership in and to the Website not expressly granted to you. You may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Website Content. InfoPay, and/or its related companies or licensors, expressly retains all right, title and interest in and to the Website Content, including, without limitation, all intellectual property rights therein and thereto. InfoPay and/or its related companies or licensors own and retain all rights, including the worldwide copyright, in the Website Content solely and exclusively, for the duration of the rights in each country, in all languages, and throughout the universe. You may not use the Website Content in any way whatsoever except as in compliance with these Terms. You may not modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Website Content.
You may not access or use the Website through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Website’s operations or interference with access to the Website and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
2. Intellectual Property
All registered and unregistered trademarks visible or accessible through our Services are trademarks of InfoPay, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of InfoPay, or its owners. All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of ours or our affiliates and may not be copied, imitated or used in whole or in part without prior written permission of us.
You expressly agree that use of the Website is at your sole risk. InfoPay shall not be liable for any loss, liability, cost or damage arising either directly or indirectly from your access to or use of (or inability to access or use) the Website, including any content including, but not limited to, any loss of use, system damage, impairment or interruption, lost data, cyber breach, personal injury or any other pecuniary or financial loss, whether in an action of contract, negligence, equity or other legal theory. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information, services and other content provided on the Website.
Our Website may contain typographical errors, inaccuracies, or omissions that may relate to InfoPay offerings, promotions, packages, programs, events, and materials. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or programs if any information about our services or on any related website is inaccurate at any time without prior notice.
We do not take on any obligation to update, amend, or clarify information on the Website or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.
No specified update or refresh data applied on the Website or on any related website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
4. No Warranties
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INFOPAY PROVIDES THE WEBSITE AND INFORMATION “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INFOPAY MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, INFOPAY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATIONS OF RIGHTS.
INFOPAY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
InfoPay does not warrant that the Website will be uninterrupted or error free; nor does InfoPay make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy or reliability of any information, service, or materials provided through the Website.
5. Limitation of Liability
INFOPAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY WEBSITE, NETWORK, COMPUTER SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, OR SOFTWARE, OR FOR ANY FAILURE DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR THE WEBSITE, OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY COMPUTER OR OTHER DEVICE ON OR THROUGH WHICH ANY DATA IS PROVIDED. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE OR INFORMATION, OR FROM THE CONDUCT OF ANY USERS OF THE WEBSITE OR INFORMATION, WHETHER ONLINE OR OFFLINE, INCLUDE ANY PRIVACY OR SECURITY BREACHES.
INFOPAY, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, WILL NOT BE LIABLE TO YOU FOR (I) LOST INCOME, LOST PROFITS, LOSS OF DATA, ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR CLAIMS OF THIRD PARTIES, (II) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE UPON THE COMPLETENESS OR ACCURACY OF ANY INFORMATION MADE AVAILABLE VIA THE WEBSITE. THESE LIMITATIONS OF LIABILITY FOR SUCH LOSSES WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THEIR POSSIBILITY.
OUR AGGREGATE LIABILITY ARISING UNDER OR WITH RESPECT TO YOUR USE OF THE WEBSITE WILL IN NO EVENT EXCEED THE TOTAL FEES PAID BY YOU IN THE PRECEDING SIX (6) MONTHS.
You agree to indemnify, defend, and hold harmless InfoPay and its officers, directors, agents, employees, partners, affiliates, licensors, and data providers, and each of their respective members, officers, directors, employees, agents, shareholders, co-branders, content licensors, suppliers, contractors, attorneys, and other partners, from and against any and all liabilities, claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands, and judgments made by any third party arising from or related to (i) your use of the Website (ii) your violation of these Terms, (iii) your violation or infringement of any laws or any rights of another individual or entity, or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
7. Location of the Site and your Use
InfoPay operates or controls the operation of the Website from the United States. In addition, the Website may be mirrored, and other websites operated or controlled by InfoPay may be operated from various locations in and outside of the United States. InfoPay makes no representation or warranty that all of the features of the Website will be available to you outside of the United States, or that the Website is permitted to be accessed outside of the United States. Additionally, the Website may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Website from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
We reserve the right to terminate or restrict your access to the Website for any reason, or for no reason whatsoever; including, without limitation, if we in our sole discretion consider your use to be unacceptable, or in the event of any violation by you of any term of these Terms. We may, but shall be under no obligation to, provide you with a warning prior to termination or restriction of your use of the Website. We will not be liable to you or any third party for such termination, or restriction of your account and/or access.
9. Arbitration and Class Action Waiver – Important – Please Review as This Affects Your Legal Rights
Any dispute concerning InfoPay, the Website, or these Terms will be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial, and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party will be entitled to collect its reasonable attorneys’ fees, in addition to any other relief the party may obtain.
CLASS ACTION WAIVER: YOU AND INFOPAY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
10. Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflict of laws principles.
11. General Conditions
These Terms constitute the entire agreement between you and us, and governs your use of the Website, superseding any prior agreements (including, but not limited to, any prior versions of these Terms).
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
If any part of these Terms is held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions will remain in full force and effect. Our failure to enforce any right or provisions in these Terms will not constitute a waiver of that provision or any other provision of these Terms. No waiver of any of the provisions of these Terms is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.
12. Contact Us
If you have any questions or concerns about these Terms or wish to contact us for any other reason, please click here to contact us or write:
Suite 227, 28 Atlantic Ave.,
Boston, MA, 02110