Sitepay, welcomes you to our website (the “Site”) and the applications and services available from us, through the Site, on your mobile device, or other platforms (collectively with the Site, the “Services”). Your use of the Services are governed by these Terms of Use (these “Terms”). Any time you use the Services in any way, you agree to be bound by these Terms. If you don’t agree to these Terms, do not use the Services. Your use of the Services is also subject to our Privacy Policy, which you can access through the Services or on our website, as well as any policies and procedures we publish from time to time (collectively, the “Policies”). We reserve the right to modify these Terms at any time, with such changes becoming effective when we post the modified Terms to the Services. We also reserve the right to make any changes to the Services in any manner and to deny or terminate your access to the Services, even if you have an Account, in our sole discretion. Each time you use the Services, the then-current version of the Terms will apply. If you use the Services after a modification of these Terms, you agree to be bound by the Terms as modified. These Terms contain important information regarding your rights with respect to the Services, including your relationship with us, and include an arbitration provision that may limit your ability to pursue claims against us in court. Please read them carefully and review them regularly.
When you use the Services, you represent that you are (i) at least the age of majority in the jurisdiction where you reside or (ii) if you have not reached the age of majority in the jurisdiction where you reside, that you have received permission to use the Services from your parent or legal guardian. You represent that any information you submit to us when using the Services is accurate, truthful, and current. You also represent that your use of the Services does not violate any applicable law or regulation.
In order to use the Services, you will be required to register for an account (“Account”). As the person who registered for the Account (the “Account Owner”), you are entitled to certain administrative permissions as set out in the Services. You are responsible for the confidentiality and use of your Login Information and agree not to transfer or disclose your Login Information to any third party other than an individual with express authority to act on your behalf. You are solely responsible for any activities occurring under your Account. If you suspect any unauthorized use of your Account, you agree to notify us immediately. We reserve the right to discontinue offering the Services, including by terminating your Account, at any time pursuant to these Terms. You have no ownership right to your Account, and our liability if you are unable to access the Services, if any, is limited by these Terms.
You are authorized to access the Site and our application for the sole purpose of viewing and using the Services on your computer or device. We authorize you to copy materials from the Services to your device’s local or cloud storage solely for the purpose of viewing and using the Services. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules, and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your User Content (defined below), including but not limited to, copyright laws.You may not decompile, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site, the Services, or any data thereon. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Site or its content without our prior written permission. Your failure to abide by these conditions will immediately terminate your right to access the Site or to use the Services and may give rise to legal action related to the protection of our intellectual property rights or the intellectual property rights of third parties.
You agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Site Services and for other development, diagnostic and corrective purposes in connection with the Site and Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business.
The Sitepay Services belong in their entirety to us. We grant only that limited license herein to you. User Content (as defined below) belongs to you, and we take no ownership interest in it. The Sitepay name and logo are our trademarks, and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated or used, in whole or in part, without prior written permission from us.
You agree not to use any part of the Services to take any action or actions that (including with respect to any User Content): (i) are patently offensive in any manner (as determined in our sole discretion), (ii) involve commercial activities without our prior written consent, such as contests or sweepstakes, (iii) are contrary to our public image, goodwill, or reputation, (iv) infringe on our or any third party’s intellectual property rights, (v) violate any law or any third party’s legal rights, or (vi) “frame” or “mirror” any part of the Site without our prior written consent.
When you post content and information to the Site or in connection with the Services (“Content”), including photos or other information about the projects you are undertaking, you represent and warrant to us that (i) you own or have the necessary rights to use and share the Content, (ii) the posting of the Content does not violate any rights of any person or entity, and (iii) you have no agreement with or obligations to any third party that would prohibit your use of the Site or Services in the manner so used. You agree to pay all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to the Site or through the Services. You acknowledge and agree that we may, in our sole discretion, remove Content at any time and for any reason, or for no reason at all. If you are an Authorized User of an Organizational Account, you also acknowledge and agree that any Content uploaded to the Services shall immediately become the property of such Organizational Account, and you assign all right, title, and interest in such Content to the Organizational Account Owner upon posting the Content to the Services.
You agree not to include any personally-identifiable information about yourself or any other person in any User Content except as requested or required by Sitepay.
By posting or storing any Content in the Services, you give us and our affiliates a perpetual, nonexclusive, irrevocable, royalty-free, sublicensable and transferable worldwide license to all intellectual property rights you own or control to use, transmit, reproduce, commercialize, distribute, modify, create derivative works from, and otherwise exploit such Content for any and all purposes and without further notice to you, attribution, and without the requirement of any permission or payment to you or any other person or entity, except as otherwise expressly provided herein. You also authorize and appoint us as your attorney in fact and agent with full power to enter into and execute any document or undertake any action we may consider appropriate to use or enforce the grant of rights and waivers set forth in these Terms
Although it is our intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, for unscheduled downtime, for system and server failures, or due to failure of telecommunications links and/or equipment. Consequently, we encourage you to maintain your own backup of your Content. In other words, we are not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of the Services, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure.
You shall indemnify, defend at Sitepay’s option, and hold Sitepay, its parent companies, subsidiaries, affiliates, and their officers, associates successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement by any third party who may use your account with Sitepay, of these Terms.
In the event you have a paid account, fees are non-refundable except as required by law or in our sole discretion. If we terminate your Account without cause, we will not refund you the fees for the unused portion of your subscription. If you sign up for our annual prepaid plans, and cancel those plans later, you are not entitled to a refund for the unused portion of your subscription period. You agree to pay all applicable fees when due and, if such fees are being paid via credit card or other electronic means, you authorize us to charge such fees using your selected payment method. By default, customer accounts are set to auto-renew and we may automatically charge you for such renewal on or after the renewal date associated with your account unless you have cancelled the Service prior to its renewal date. We may revise fee rates for the Service from time to time and inform you before charging the revised amount. You are responsible for providing complete and accurate billing information to Sitepay. We may suspend or terminate your use of the Service if fees become past due. You are responsible for all taxes (excluding taxes on our net income), and we will charge tax if required to do so by law.