Paytrace Term & Conditions

This website, www.paytrace.com (“Website”), is an Internet site maintained by PayTrace Inc., and its respective divisions, subsidiaries and affiliates (“PayTrace”) as a service to the Internet community. By using this Website, you agree to be bound by the Terms of Use of this Website (“Terms of Use”).You may also be subject to other terms and conditions that are posted on PayTrace’s website specific to a particular program or service. If you do not agree with the Terms of Use or other terms and conditions on this Website, then do not use this Website. PayTrace reserves the right, at its sole discretion, to change the Terms of Use at any time. Please check the Terms of Use periodically for changes. Using this Website following the posting of changes to the Terms of Use shall constitute your acceptance of the revised Terms of Use. PayTrace may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the Website, at any time. PayTrace may also impose limits on certain features and services or restrict your access to parts of or the entire Website without notice or liability.

1. PayTrace Content

This Website is protected by applicable law. The contents of this Website, including, but not limited to, text, names, data, compilations, graphics, logos, buttons, icons, images, audio, video, code, methods, techniques, models, and software (the “Contents”), are the property of PayTrace and/or its licensors/providers and are protected by the patent, copyright, trademark and trade secret laws of the United States and/or other countries. Except as otherwise expressly permitted under the Terms of Use, you may only download, display and print not more than three (3) copies of the Contents solely for your personal use, provided that you do not modify the Contents in any way and you keep intact all copyright, trademark, and other proprietary notices. You may not otherwise copy, store (either in hardcopy or in electronic format), transmit, transfer, perform, broadcast, publish, reproduce, create a derivative work from, display, distribute, sell, offer for sale, license, rent, lease, frame, deep link to, or otherwise use the Contents in any manner inconsistent with the rights of PayTrace without the express written permission of PayTrace. PayTrace may change the format and content of the Site (or any products or services offered by the Site) at any time. PayTrace may terminate or suspend the operation of this Site (or terminate or suspend provision of any products or services offered via this Site) for support or maintenance work, in order to update the content or for any other reason. PayTrace may do this at any time and without notice.

2. PayTrace Trademarks

The trademarks, logos, and service marks (“Trademarks“) appearing on this Website are the property of PayTrace and/or its licensors/providers. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.

3. No Warranties or Liability

The contents are provided to you on an “as is,” “as available” basis. PayTrace, it’s licensors/providers and their respective affiliates, subsidiaries, officers, directors, employees and agents make no representations or warranties with respect to this website, the contents, the privacy statement or the terms of use. PayTrace, to the fullest extent permitted by applicable law, hereby disclaims all warranties of any kind, express or implied, including but not limited to, representations and warranties regarding accuracy, timeliness, completeness, noninfringement, merchantability and fitness for any particular purpose. PayTrace assumes no responsibility for the consequences of any errors or omissions in connection with this website, the contents, the terms of use, in no event shall PayTrace be liable to you for any claim arising out of or relating to your use of this website, the contents, or the terms of use.

4. Indemnity

You agree to indemnify, defend and hold harmless PayTrace and all of our successors, assigns and licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of claims by a third party relating to your use of this Website, or any breach or violation of the Terms of Use or any other terms and conditions contained on this Website. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, without regard to choice of law rules. Any disputes shall be submitted to mediation in King County, Washington prior to any litigation. Litigation arising out of or in connection with the use of the Site or PayTrace products shall be exclusively in state or federal courts located in King County, Washington. In any action to enforce this Agreement, the prevailing party shall be entitled to recover all court costs and expenses and reasonable attorneys’ fees, in addition to any other relief to which it may be entitled.

5. Copyright Infringement

Copyright ©2004-2017, PayTrace, Inc. We or our content providers own all of the content on our Site, including text, customized graphics, photographs, music, data, images, audio and video clips and software. All property on this Site is protected by U.S. and international copyright laws. In addition, the manner in which we have compiled, arranged and assembled our content is protected by worldwide copyright laws and treaty provisions.

“PayTrace” is a trademark of PayTrace, Inc. It may not be used in connection with any third party products or services. You are granted a limited, non-sublicensable license to access and use the Site. Such license is subject to these Terms of Use and does not include or authorize: (a) any resale or commercial use of the Site or the materials therein; (b) the distribution, public performance or public display of any materials; (c) modifying or otherwise making any derivative uses of the Site or the materials, or any portion thereof; (d) use of automated means, including spiders, robots, crawlers, offline readers, data mining tools, or the like to download data from the Site or to cause an overload of PayTrace servers ; (e) downloading (other than page caching) of any portion of the Site, the materials or any information contained therein, except as expressly permitted; (f) any attempt to gain unauthorized access to PayTrace’s computer systems or engage in any activity that disrupts, diminishes the quality of,
interferes with the performance of, or impairs the functionality of, the Site; (g) collection or harvesting of any personally identifiable information, including, but not limited to, names, addresses, contact information, emails addresses, company names, domain names or account names, from the Site nor to use the communication systems provided by the Site for any commercial solicitation purposes; (h) use of any portion of the Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) any use of the Site or the materials other than for their intended purpose. Any use of the Site or the materials other than as specifically authorized herein, without the prior written permission of PayTrace, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time for any reason by PayTrace. Feedback. If you provide us with any feature requests, comments, suggestions or other feedback (“Feedback”), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.