\\r\\n\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\tTHIS INTERNET PAYMENTS SITE (THIS “SITE”) OFFERS A PAYMENT SERVICE (THE “SERVICE”) FOR YOUR CONVENIENCE AND USE. PLEASE READ THESE CONSUMER TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY USING THIS SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WANT TO ACCEPT THESE TERMS, YOU MAY NOT USE THIS SERVICE, AND YOU SHOULD EXIT THIS SITE.\\r\\n\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t
\\r\\n\\r\\n\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\tThese Terms form a binding, enforceable contract between you and Electronic Payment Providers, LLC., an Arizona limited liability company (d/b/a REPAY) (“us”, “we”, “our”), in connection with the Service offered through this Site.\\r\\n\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t
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- \\r\\n\\t\\t\\t\\t\\t\\t\\tEligibility This Site and this Service are offered only to individual residents of the United States who are 18 years of age or older. If you are younger than 18, you may not use this Service.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tPayment Authorization By accessing and using this Service, you authorize us to (a) establish and maintain your payment information and (b) process your payments according to your instructions.\\r\\n\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\tWe will use our reasonable commercial efforts to apply all your payments in accordance with your instructions. However, we shall incur no liability if we are unable to complete any payments initiated by you (including, without limitation, because of the existence of any one or more of the following circumstances: (i) your payment account contains insufficient funds to complete the transaction, (ii) the Service is not working properly and you know or have been advised by us about the malfunction before you execute the transaction, (iii) you have provided us with incorrect payment account information, (iv) we have been provided incorrect information by the individual or entity to whom you are making the payment, or (v) circumstances beyond our control).\\r\\n\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\tTypes of Payments and Payees Payments that you authorize will be made from a bank account or other payment account that you designate. It is your sole responsibility to establish and maintain the payment account and to pay any and all fees associated with the payment account.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tTiming By using this Service, you are authorizing us to charge the payment account you designate and to remit funds on your behalf. It is your responsibility to initiate payments in a timely manner, so that the funds will arrive on or before the date they are due. It is also your duty to notify us if a payment has not been applied in accordance with your instructions.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tPermitted Use You agree to use this Service solely to pay legal obligations on your behalf or on behalf of another (see PAYMENTS FOR OTHERS). You agree to use this Service in strict compliance with applicable law.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tPayments for Others If you are making a payment to satisfy the obligation of another person, you represent and warrant that you have been authorized by such other person to make a payment on his or her behalf.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tAmendments We may modify these terms and conditions from time to time without notice. The terms and conditions in effect at the time you use this Service are the terms and conditions that govern your use.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tIntellectual Property As between you and us, we own all right, title and interest in and to the Service and the Site, including all related technology, trademarks and other intellectual property rights.. Moreover, any suggestions, ideas, notes, drawings, concepts, or other information you may send to us shall be considered an uncompensated contribution of intellectual property to us, shall also be deemed our exclusive intellectual property. By submitting any such materials to us, you grant to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed, and you warrant that all so-called \\\"moral rights\\\" in those materials have been waived, and you warrant that you have the right to make these warranties and grants of rights.\\r\\n\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\tYou expressly agree not to (a) copy, modify, adapt, translate, publish, port, display, license, sublicense, rent, lend, lease, loan, sell, resell, assign, transfer, distribute, make derivative works (including, without limitation, improvements, enhancements, revisions or modifications) of, or otherwise transfer or assign any right to, the Site or the Service; (b) decompile, disassemble, reverse engineer or otherwise attempt to identify, reconstruct, derive or discover the source code (or the underlying ideas, user interface techniques, algorithms, structure or organization) of the Site or the Service; (c) remove any copyright, trademark, patent or other proprietary notices from the Site or the Service; (d) use the Site or the Service for any purpose other than as expressly authorized herein; or (e) challenge the validity of the copyright or any other rights of the Site or the Service, or title or interest thereto.\\r\\n\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\tDisclaimers THE SITE AND THE SERVICE ARE PROVIDED ON AN \\\"AS IS, AS AVAILABLE\\\" BASIS. WE MAKE NO WARRANTY, REPRESENTATION, GUARANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, COMPLETENESS, TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), WITH RESPECT TO THE SITE, THE SERVICE, OR ANY OF THE CONTENT, SERVICES, PRODUCTS, SOFTWARE OR OTHER MATERIALS AVAILABLE THROUGH THE SITE.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tLimitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR MULTIPLE DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF YOUR USE OF THIS SITE OR THESE SERVICES. IF WE LEARN OR YOU INFORM US THAT WE HAVE MADE A MISTAKE IN APPLYING YOUR PAYMENT, WE WILL TAKE ONE OF THE FOLLOWING ACTIONS, AT OUR SOLE DISCRETION: (i) IF YOU HAVE PAID A FEE TO ACCESS THIS SITE, WE WILL REFUND THE FEE TO YOU; OR (ii) WE WILL REAPPLY THE PAYMENT IN ACCORDANCE WITH YOUR ORIGINAL INSTRUCTIONS. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tIndemnification You shall insure us against any damages we may suffer from your failure to abide by these terms and conditions.\\r\\n\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\tMiscellaneous\\r\\n\\t\\t\\t\\t\\t\\t\\t
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- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tConsent to Jurisdiction By using this Service, both you and we submit to the exclusive jurisdiction of the federal and state courts located in Phoenix, Arizona for the purposes of any law suit filed by you or us. If you or we wish to file a law suit or other legal action, you or we must do so in a state or federal court in Maricopa County, Arizona. You hereby waive any objection to these terms. If any legal action or any arbitration or other proceeding is brought in connection with these Terms and your use of the Service, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which we may be entitled. YOU AND WE ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THESE TERMS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, YOU AND WE IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT YOU OR WE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS, THIS SITE OR THE SERVICES.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tGeneral These Terms: (i) contain the entire agreement between you and us with respect to the Site and the Services; It supersedes all oral agreements, and all prior written agreements; (ii) are governed by, and will be construed and enforced in accordance with, the laws of the State of Arizona without giving effect to any conflict of laws rules; and (iii) are binding upon, and will inure to the benefit of, the parties and their respective successors and permitted assigns. You may not assign your rights or delegate your obligations hereunder to any third party. Any waiver of any breach or violation of any provision of these Terms will not operate as, or be construed to be, a waiver of any subsequent breach or violation hereof. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction will, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tEquitable Relief You acknowledge and agree that you or we may be irreparably damaged in the event that these Terms are not performed as required herein, and that money damages alone may not be a sufficient remedy for such non-performance. Accordingly, you and we agree that that equitable and fair relief may be appropriate, and may include an order requiring you or us to cease engaging in a specific act, or it may require that you or us take specific action. In this event, neither you or us will be required to post a bond or other security or to prove actual damage or harm. Equitable relief shall not be deemed to be an exclusive remedy, but shall be in addition to all other available remedies.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tNotices You agree that we may provide notices to you by using one or more of the following methods: Posting them on this Site; Emailing them to an email address that you have provided; Sending them via text message to a mobile number you have provided; Or by mailing them to a postal address that you have provided. All notices by any of these methods shall be deemed received by you no later than twenty-four (24) hours after they are sent or posted, except for notice by U.S. mail, which shall be deemed received by you no later than five (5) calendar days after it is mailed. You may provide notice to us at customerservice@repay.com or 8800 E. Raintree Dr. Suite 210, Scottsdale, AZ 85260, Attention: Customer Support. Notices sent to us will be deemed received upon our receipt of such notices.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\r\\n\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\tPay-by-Text (SMS) Terms and Conditions These Terms and Conditions apply to your use of the Pay-by-Text Service. Any reference to “you” or “your” hereunder shall mean you, the consumer. Any reference to “we” or “us” shall mean Electronic Payment Providers, LLC., an Arizona limited liability company d/b/a REPAY and/or PAY2DAY Solutions, Inc., d/b/a Authvia. Any reference to “Service(s)” shall mean the Pay-by-Text Service provided by us to you.\\r\\n\\t\\t\\t\\t\\t\\t\\t
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- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tEnrollment Please note that you are not required to use this Service. If you desire to use the Service, you will be required to provide identifying information, which may include, but is not limited to, name, address, and mobile phone number as well as payment information and other financial account information. Upon enrolling, you authorize us to verify your identity. By providing us with your mobile phone number, you understand that mobile phone text billing services will be made available to you which will allow you to pay your bills through a text (SMS) message (the “Mobile Services”).\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tMobile Services To participate in the Mobile Services, you must opt in at registration and confirm registration by a six (6) digit passcode delivered to your mobile device (for example, your cell phone). Upon registering, you will receive a message confirming your use of the Mobile Services (the “Confirmation Message”). Note that use of the Mobile Services is only possible if you have a wireless mobile device that is capable of two-way SMS messaging through participating mobile service providers. You should contact the network operator if you are unsure about your device's capabilities or pricing plan. Participating wireless providers are listed here.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tText Message and Electronic Payments You agree to receive text messages from an automated telephone dialing system for all of your transactions and communications with us. You agree that all payment confirmations, postings, notices, disclosures, or other communications that we provide to you electronically or through a text message satisfy any legal requirements that such communications be in writing. You may opt-out of receiving electronic notices at any time by contacting us as instructed below.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tSMS/Text Messaging The number of messages you receive may vary, depending on the number of invoices you receive and payments you wish to make via SMS.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tMessage and data rates may apply to your use of the Mobile Services and your wireless provider may charge you for each text message you send and receive. Message and data charges will appear on your wireless phone bill or be deducted from your prepaid account by your wireless carrier.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tYou agree that you are solely responsible for all such charges that you incur from your mobile service provider for your use of the Mobile Services. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tYou may \\\"opt out\\\" of receiving future SMS/Text messages at any time by texting END, STOP, QUIT, CANCEL, and UNSUBSCRIBE (not case sensitive) to the Confirmation Message or to any other SMS/text message you may receive from us thereafter. A confirmation text and/or email will be sent to you regarding discontinuance of the Services. You can re-initiate SMS/text messaging by texting “START” to the sending number. For help, please text HELP to the Confirmation Message or to any other message you may receive from us thereafter.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tYou understand that the Mobile Services are offered on an \\\"as is\\\" \\\"where is\\\" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider. In the event of mobile phone roaming, you may experience difficulties texting using the Mobile Services due to telecommunication restrictions. In this case, you may access the Services online. Moreover, by using these Mobile Services, YOU AGREE NOT TO TEXT AND DRIVE. If you receive a message from us while you are driving, please do not respond until you have brought your vehicle to a stop in a safe area.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tRestrictions on Use of the Services You agree not to use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services. Without limiting any rights or remedies that we may have available at law or in equity, including, without limitation, any right to seek monetary damages for your breach, you agree that we may seek a court order to compel you to comply with these terms, and you understand that we may immediately terminate your access to the Services at any time if you violate the restrictions set forth above.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tSuspension of Services We reserve the right, for any reason and in our sole discretion, to modify, suspend or discontinue any of the Services at any time and your use thereof without prior notice. We have the right to suspend your use of the Services if (i) you provide any information that is untrue, inaccurate, not current or incomplete, (ii) if applicable laws or regulations materially affect our ability to provide the Services; or (ii) for any violation of these Terms and Conditions. Thereafter, we may refuse any and all current or future use of the Services (or any portion thereof).\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tContinuous Development You acknowledge that we may continually develop, modify, update and add capabilities or features to the Services. Each such update or modification will be part of the Services and shall be governed by these Terms and Conditions.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tProprietary Rights The Service and any related software or documentation are protected by United States and international intellectual property rights laws and these Terms and Conditions do not grant you any right to use such intellectual property. Any trademarks, logos and service marks displayed in the Service are protected marks. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and service marks displayed without our written permission. You should assume that everything you see or read during your use of the Services is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions. Any misuse of the trademarks, logos and service marks displayed in the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tUser Data You shall be the exclusive owner of all personally identifiable data uploaded into the system by you while using the Services. You hereby grant us a limited-term license to host, copy, transmit and use such data in order to provide the Services to you in accordance with these Terms and Conditions. Subject to the license granted herein, we acquire no right, title or interest under this Agreement in or to your data. Notwithstanding the foregoing, we shall own all rights and title to any Aggregated Data collected during your use of the Services. For purposes of these Terms and Conditions, “Aggregated Data” shall mean non-personally identifiable statistical information derived from analysis of data transmitted or collected from you through the use of the Services.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tWarranty THE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF OPERABILITY, CONDITION, TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, OR QUALITY, AS WELL AS ANY WARRANTIES OF MERCHANTABILITY, SYSTEM INTEGRATION, WORKMANSHIP, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tPLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS IDENTIFIED ABOVE, SO SOME OR ALL OF THE EXCLUSIONS MAY NOT APPLY TO YOU. We encourage you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tIndemnification You agree to indemnify, hold harmless and, at our option, defend us (including its affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages liabilities, and expenses, including reasonable attorney’s fees, resulting from your violation of these Terms and Conditions.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tLimitation of Liability IN NO EVENT SHALL WE, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, LOSSES OR INJURIES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR COST OF COVER) ARISING OUT OF, OR RELATED TO, YOUR USE OF THE SERVICES OR OUR FAILURE TO PROPERLY PROCESS AND COMPLETE TRANSACTIONS HEREUNDER, EVEN IF YOU HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR INJURIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR RISK. WE SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t\\tIN NO EVENT SHALL OUR AGGREGATE 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 THE SERVICES EXCEED ANY PAYMENT RECEIVED BY US FOR YOUR ACCESS TO AND USE OF THE SERVICES.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\t
\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t - \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tTerm & Termination These Terms and Conditions, as modified from time to time, shall remain in effect for so long as you continue to use the Services. Upon termination of these Terms and Conditions, you will no longer have access to the Services. You agree that termination of these Terms by you or us will not affect any of our rights or your obligations arising under these Terms prior to termination.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tModification of these Terms and Conditions We reserve the right to change or modify these Terms and Conditions at any time and in our sole discretion. We will notify you of any changes by posting a notice on our website or otherwise notifying you electronically, as outlined below. After notification, your continued use of the Services will constitute acceptance of such changes or modifications to the Terms.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t
- \\r\\n\\t\\t\\t\\t\\t\\t\\t\\t\\tGeneral Terms You agree to comply with all laws, rules and regulations that apply to your use of the Services. These Terms and Conditions will be subject to and construed in accordance with the laws of the State of Arizona, excluding its rules regarding conflicts of law. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and all other provisions of these Terms and Conditions shall remain in full force and effect. You agree that any claim or cause of action that you may have related to the Services, and/or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. You understand and acknowledge that your agreement to these Terms and Conditions is an important consideration in our decision to provide you with the Services, and without your agreement, we would not provide the Services. These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Services.\\r\\n\\t\\t\\t\\t\\t\\t\\t\\t \\r\\n\\t\\t\\t\\t\\t\\t\\t
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