THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Using the QP QuickPay Service
Our Service. QP QuickPay facilitates the finding, accessing, and paying for parking by Users of the Service at parking facilities. While QuickPay makes every effort to provide accurate information regarding the various parking facilities listed on the Service, the information provided on the Service about specific parking facilities is provided by owners or operators of parking facilities ("Licensors"), and QuickPay cannot guarantee its accuracy.
QuickPay is not a parking company. We provide a Service to enable Users to find, access, and pay for parking at certain facilities. QuickPay does not own, operate, or maintain parking facilities and is NOT RESPONSIBLE FOR ANY SUCH FACILITIES OR EVENTS THAT OCCUR AT SUCH FACILITIES. While QuickPay may have direct or indirect contractual relationships with owners or operators of certain facilities, but QuickPay is not responsible for actions taken by such facility owners or operators or their affiliates. QuickPay does not set the parking prices, operate the parking facilities, or determine parking availability. We are not responsible for any consequences arising from not being able to park, delays associated with parking, road closures, or changing traffic conditions.
Who can use QuickPay. You may use the Service only if you can form a binding contract with QuickPay, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. Because we respect the QuickPay community, the Service is not available to any Users previously removed from the Service by QuickPay.
Your responsibility for your account. When creating your account, you must provide us with accurate and complete information. Please be sure to provide us with your up-to-date contact information so we know how to reach you. You may never use another User's account without permission and you are solely responsible for the activity that occurs on your account including keeping your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify QuickPay immediately of any breach of security or unauthorized use of your account. QuickPay will not be liable for any losses caused by any unauthorized use of your account.
How to control your account. You may control your User profile and how you interact with the Service by logging into your account through the web site www.qpme.com or through the smartphone application and changing the settings in your "Edit Account Info" page. By providing QuickPay your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your "Edit Account Info" page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
Changes to the Service. We may, at any time and without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Your interactions with other Users or Licensors. Our Users and Licensors are great! But keep in mind that you are solely responsible for your interactions with other Users or Licensors. We reserve the right, but have no obligation, to monitor disputes between you and other Users or Licensors. QuickPay will have no liability for your interactions with other Users or Licensors, or for any User's or Licensor's action or inaction.
Restrictions and responsibilities when using QP QuickPay.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the QuickPay servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that QuickPay grants the operators of public search engines revocable permission to use spiders to copy materials from qpme.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
You are solely responsible for correctly entering, selecting or scanning any and all relevant parking information, ticket information, parking zone number or parking facility when you use QP QuickPay to park your vehicle. This information informs us of the rate to charge you for your parking and of any time restrictions, if applicable, on the amount of time you are permitted to park your vehicle. Note that use of the Service does not guarantee you a parking space. To correctly activate the Service, you must follow the instructions given to you via your mobile telephone or online. You know that your parking transaction has been validly accepted by QuickPay when you have received confirmation via your mobile telephone or online. You are responsible for ensuring that you have properly activated the Service for the relevant parking facility, space or zone (whichever applicable) before you leave your vehicle unattended.
You are responsible for any fine, ticket or penalty charge issued between the time of parking the vehicle and the notification via mobile telephone or internet that the vehicle is validly parked. It is your responsibility where applicable to notify QuickPay at the end of the parking transaction (i.e., before you leave the parking facility). In the event that the Services are unavailable, you must pay the appropriate parking fee that is due by paying on the premises (e.g., by buying a printed parking ticket from the appropriate dispensing machine). If, at the end of a parking transaction that we accepted, you find that the Services are unavailable, you must inform us in writing by email to email@example.com, including the date, time, and location of the transaction. You will be charged the relevant parking fees for the amount of time that your vehicle was parked in the parking facility and the Services remained activated.
You understand and agree that QuickPay is not responsible for any fines, parking tickets, penalty notices, and the enforcement of vehicle parking-related offenses you incur or receive. You are solely responsible for resolving with the relevant authorities any issues that you may have regarding the issuance of fines, parking tickets, penalty notices, or your vehicle being impounded. If you authorize QuickPay to contact the relevant authorities on your behalf regarding the issuance of fines, parking tickets, or penalty notices, you acknowledge and agree that in such cases, QuickPay may provide all or a portion of your personal details to the relevant authorities. In addition, in the event that you fail to pay any amounts owing for the Services (whether due to a declined credit card or other circumstances), then QuickPay, upon the reasonable request of the relevant authorities, may provide all or a portion of your personal details to such authorities, which you acknowledge and agree that they may use solely for purposes of collecting or attempting to collect any unpaid amounts owed by you. Notwithstanding the foregoing, in no event shall QuickPay provide any of your credit card data to the relevant authorities in connection with such collection matters.
You agree and guarantee that you will enter and exit parking facilities with due care and caution for the premises, the persons and the vehicles on the premises at all times. Your failure to exercise due care while accessing or on the premises is solely your fault and neither QuickPay nor Licensor is liable for any injury.
Notices or signage posted. All notices and signs or directions made by relevant government authorities, traffic attendants, parking facility owners, or authorized persons (e.g., the suspension of a parking space) shall take precedence over any information that you receive from QuickPay. The parking facility owner's parking regulations apply to you and your use of the Service does not exempt you from following their rules. Parking rates can be changed by the facility owner or operator at any time. Increases or modifications to parking fees are beyond our control. We pass the fees through to you and we are not responsible for any fee increases.
Licensor disclaimer or damage and injury. The Licensor is not responsible for theft, vandalism, acts of god, weather or any damage done by a third party or by the User to the User's vehicle while parked, attempting to park, or attempting to exit from the parking facility. You agree to and waive all claims of liability against the Licensor for any damage or injury to you, your vehicle, and your passenger or passengers that might or does occur while you are entering, parking, parked in or exiting the parking premises. You take responsibility for any parties involved in injuries, or any damage caused to your property or the property of another caused by you once on the parking premises. In the event that you do not remove your vehicle in accordance with any Licensor notices or signage, you run the risk of being towed and you accept full responsibility for any costs associated with the towing of the your vehicle.
User Information and Content
User Information In order to create and/or use your QuickPay account you will be required to provide certain information such as: name, email address, billing address, telephone number, credit, debit or other payment card number (including its expiration date and card holder verification number, collectively referred to as "Payment Method"), information regarding your vehicle(s) (including license plate number, year, make, model, and color) and any other pertinent information that will assist QuickPay to provide the Service.
User Generated Content you provide:Some areas of the Service allow Users to post content such as comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service, including the profile information that a User provides, is collectively referred to as "User Content"). You retain ownership of the User Content you post or publish ("Post") on the Service but you understand that any content that you Post on the Service in a public forum or interactive area of the Service can be accessed and viewed by other Users, subject to your profile and applications settings.
User Content restrictions and responsibilities. You agree not to Post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you Post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. QuickPay reserves the right, but is not obligated, to reject and/or remove any User Content that QuickPay believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. QuickPay takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that QuickPay shall not be liable for any damages you allege to incur as a result of User Content. For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Your Conduct. In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and QuickPay's use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights, publicity rights or privacy rights.
QuickPay may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
User Content License Grant. By Posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to QuickPay a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and QuickPay's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access the User Content you Post on the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this Agreement.
QuickPay Content, Our License Grant to You, and Feedback You May Provide
QuickPay Content. Except for your User Content, the Service and all content and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter ("QuickPay Content") are the property of QuickPay and its licensors. Except as expressly provided in this Agreement, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the QuickPay Content without our permission. Use of the QuickPay Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Our license to you. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. QuickPay reserves all rights not expressly granted herein in the Service and the QuickPay Content (as defined below). QuickPay may terminate this license at any time for any reason or no reason.
Feedback you provide. You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Feedback"). By submitting Feedback you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place QuickPay under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, QuickPay does not waive any rights to use similar or related ideas previously known to QuickPay, or developed by its employees, or obtained from sources other than you.
Our Mobile Software. We make available the mobile software to access the Service via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. QuickPay does not warrant that the Mobile Software will be compatible with your mobile device. QuickPay grants to you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one QuickPay account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that QuickPay may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and QuickPay or its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Software (and any copy of the Mobile Software). You agree to comply with all United States and foreign laws related to use of the Mobile Software and the Service. Standard carrier data charges may apply to your use of the Mobile Software.
Mobile Software from iTunes. The following also applies to any Mobile Software you acquire from the iTunes Store ("iTunes-Sourced Software"): You acknowledge and agree that these Terms are solely between you and QuickPay, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to QuickPay as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to QuickPay as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party's intellectual property rights, QuickPay, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and QuickPay acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
Pricing and Payment. Any payments due for your use of the Service shall include the price to park at the parking facility plus a service charge determined by the Service. Charges by QuickPay may be changed as described below. Each time you use the Service, the amount of the transaction, including applicable taxes and service charges, will be charged to the Payment Method associated with your QuickPay account. We will inform you of the amount to be charged for a particular transaction and you will receive an email or text receipt of each transaction. You authorize QuickPay to charge your credit card for such amounts each time the Service is used. For detailed information on the amounts charged to your QuickPay account, please log into your account through the www.qpme.com web site or smartphone application to see your "Account History" page.
Service Charges. You agree that the rates, fees and service charges that you are informed of through the Service and/or via signage at a Facility before you start parking apply and may be charged to your QuickPay account. You authorize us to initiate any such charges to your QuickPay account as applicable.
Verification of transactions. Details of your transactions will be available on your "Account History" page. We will also provide you with an email or text receipt every time a transaction occurs.
Failure to complete transactions. QuickPay and the Licensors accept no liability to complete any transaction which cannot be cleared by payment processors, whether because there are not sufficient funds available on your credit or debit card or otherwise. Neither QuickPay nor Licensors will be liable to you for any failure to accept or honor any QuickPay account.
Reservations. QuickPay also may facilitate making parking reservations with Licensors. When a reservation is submitted online, the quoted rate is fixed. For this reason, unless explicitly stated by QuickPay otherwise, the reservation rate may not be combined with any additional coupons, special offers or other promotions when exiting the parking facility. You agree to abide by the terms and conditions of the purchase imposed by any Licensor with whom a reservation is made, including, without limitation, payment of all amounts when due and compliance with all rules and restrictions imposed by that Licensor. You are responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Service. Any reservations made or purchased through the Service are non-refundable.
Refunds. If you dispute any payment made hereunder, you must notify QuickPay in writing within thirty (30) days of such payment. Failure to so notify QuickPay shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by QuickPay. If you think there has been a billing or accounting error, please contact us at firstname.lastname@example.org. If you are entitled to a refund for any reason, you agree to accept credits to the credit or debit card associated with your QuickPay account in place of cash. We and the Licensors will not provide cash refunds. Any reservations made or purchased through the Service are non-refundable.
Privacy and Security
Since we respect artist and content owner rights, it is QuickPay's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify QuickPay's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit QuickPay to contact you, such as your address, telephone number, and, email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Address: 770 Menlo Ave., Suite 101
Menlo Park, CA 94025
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying QuickPay and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with QuickPay's rights and obligations under the DMCA, including 17 U.S.C. ¤512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, QuickPay has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. QuickPay may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Use of cell phone while driving can be dangerous
PLEASE NOTE THAT OPERATING A CELL PHONE OR ANY OTHER DEVICE WHILE DRIVING CAN BE DANGEROUS AND WE ADVISE YOU NOT TO USE THIS SERVICE WHILE OPERATING A VEHICLE. YOU AGREE TO INDEMNIFY AND HOLD QUICKPAY HARMLESS FROM ANY OR ALL LIABILITY WHATSOEVER FOR ANY HARM, LOSS OR INJURY RELATED TO USE OF THIS SERVICE OR THE ACCOUNT WHILE OPERATING ANY KIND OF VEHICLE.
You agree to defend, indemnify and hold harmless QuickPay and its subsidiaries, agents, licensors, managers, independent contractors, suppliers and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party's access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, QUICKPAY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
QUICKPAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE QUICKPAY SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND QUICKPAY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QUICKPAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL QUICKPAY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, QUICKPAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL QUICKPAY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO QUICKPAY HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF QUICKPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from its facilities in the United States. QuickPay makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by QuickPay without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Restricted Rights. If the Mobile Software is being acquired on behalf of the United States Government ("Government"), then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the Government , the use, duplication, reproduction, release, modification, disclosure, or transfer ("use") of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited.
Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over QuickPay, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of a state court located in Santa Clara County, California or the United States District Court for the Northern District of California, for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
Arbitration. In the unlikely event that QuickPay has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any QuickPay claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by the American Arbitration Association ("AAA") in Santa Clara County, California under the commercial rules then in effect for the AAA, except as provided herein. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing QuickPay from seeking injunctive or other equitable relief from the courts as necessary to protect any of QuickPay's proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND QUICKPAY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with QuickPay in connection with the Service, shall constitute the entire agreement between you and QuickPay concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and QuickPay's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Contact. Please contact us at email@example.com with any questions regarding this Agreement.
This Agreement was last modified on July 28, 2012.