YOUR USE OF THIS WEB SITE AND PAGOS’ SERVICES PRIOR TO AND AFTER REGISTRATION CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
2. Limitations on Use; Third Party Communications.
2.1. Limitations on Use. The Content is for Your business use only and not for consumer purposes or commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides data or data analytics, such information related to payments or card transactions you may make such data or analytics available to other authorized persons or affiliates, so long as the other person or entity is authorized for such use hereunder. You may not use the Content for any consumer or household purposes, or to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Content without Pagos’ prior written permission. You may not use any Content or Pagos Services for any false, misleading, fraudulent or illegal communications or obscenity or crime. You may not copy, modify, reproduce, republish, distribute, display, or transmit for consumer, commercial, non-profit or public purposes all or any portion of the Content, except to the extent permitted above. You may not use or otherwise export or re-export the Content or any Pagos Services or any portion thereof, in violation of the export control laws and regulations of the United States of America or in violation of any other country’s laws or regulations. Any unauthorized use of the Content or Pagos Services, or any portion thereof, is prohibited.
2.2. Third Party Communications. Pagos disclaims all liability for any Third Party Communications You may receive or any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Pagos assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications including any of Your data. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the Content or Pagos Services.
3. Not Legal Advice. The Content is not intended to and does not constitute tax or legal advice and no attorney-client relationship is formed, nor is anything submitted to Pagos treated as confidential unless otherwise agreed. Subject to your Services or Services Package, the accuracy, completeness, adequacy or currency of the Content is not warranted or guaranteed and your use of Content or materials linked is at your own risk and for non-consumer or commercial purposes.
4. Intellectual Property Rights.
5. Digital Millennium Copyright Act – Notification of Alleged Copyright Infringement. Pagos reserves the right to remove any Content that allegedly infringes another person’s copyright. Pagos will terminate, in appropriate circumstances, subscribers and account holders of Pagos’ system or network who are repeat infringers of another person’s copyright. Notices to Pagos regarding any alleged copyright infringement should be directed to the Pagos Solutions, Inc., c/o Legal Officer via mail or courier at Law Office of Joseph M. Kar, PC, 15250 Ventura Blvd., Ste. 1220, Sherman Oaks, CA 91403, or via email at email@example.com with the title “LEGAL NOTICE DMCA.”
7. No Solicitation. You shall not distribute on or through Pagos or the Content or any part thereof any kind notifications, communications, advertising, promotion, solicitation for goods, services or funds or solicitation for Yourself or others. In no event may any person or entity solicit anyone with data retrieved from Pagos, or the Content.
8. Registration and Acceptance of Additional Terms and Conditions. For You to be approved to access and use the Content, You must register and accept the Terms for Service, and pay for the respective Service or Services Package You select. If registration is requested or additional terms and conditions are required, You agree to provide accurate and complete information and represent that You are authorized to be bound and are bound to those additional terms and conditions. It is your responsibility to inform Pagos of any changes to that information and update us. Each registration is for a single entity only, unless specifically designated otherwise or agreed to. Pagos does not permit anyone other than you or an authorized person to use enumerated Service or Services Package after additional registration or acceptance. You are responsible for preventing such unauthorized use and access to Your account(s). If you believe there has been unauthorized use, you must notify Pagos immediately by emailing firstname.lastname@example.org with the title “UNAUTHORIZED USE.
9. Errors and Corrections. Unless expressly stated otherwise, Pagos does not represent or warrant that the Content or any data or data analytics will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. Unless expressly stated otherwise, Pagos does not warrant or represent that the Content available will be correct, accurate, timely, or otherwise reliable. Pagos may make improvements and/or changes to its features, functionality or Content at any time at its discretion.
10. Third Party Content. Third party content (including, without limitation, BIN or card association information) may be used or may be accessible via links or networking through Pagos. Pagos shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, data, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing or used. Unless otherwise agreed to, you understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of Pagos. Further, information and opinions provided by employees and agents of Pagos are not necessarily endorsed by Pagos and do not necessarily represent the beliefs and opinions of Pagos.
11. DISCLAIMER. THE CONTENT AND DATA ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PAGOS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PAGOS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM USE AND/OR ACCESS TO THE CONTENT AND ANY PART THEREOF INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY INTERFACES, WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS OR NETWORKING TO PAGOS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE CONTENT, THE DATA, OR ANY PORTION THEREOF, (E) YOUR ACCESS OR USE OF THE CONTENT OR THE DATA OR ANY PORTION THEREOF, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE CONTENT OR USE OR ANY PORTION THEREOF.
12. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE MAY BE AGREED TO, PAGOS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF THE CONTENT OR ANY DATA, FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF PORTION THEREOF, OR ANY THIRD PARTY COMMUNICATIONS. PAGOS SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OR ACCESS THE CONTENT OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT ANY OF THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PAGOS’ SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE MONTHLY FEES COLLECTED FROM YOU IN THE PRECEDING MONTH.
14. Third Party Rights. The provisions of paragraphs 11 (Disclaimer), 12 (Limitation of Liability), and 13 (Indemnification) are for the benefit of Pagos and its officers, directors, employees, agents, licensors, suppliers, attorneys, and any third party information providers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against You on their/its own behalf.
18. Privacy and Data Policies. You agree that Your use and access of the Content is subject to Your strict compliance with Pagos’ Privacy and Data Policies.
19. Additional Terms for Pagos Services. Your use and/or access of any Services of Pagos Solutions Inc. or any of its features or services, and other related materials shall also be governed by the Pagos Terms of Services with any applicable additional fees and charges for use and/or access of any additional features and services which You select during or after the registering, all of which said additional terms and conditions are incorporated by reference herein. Your completion of the Pagos registration process, and use and/or access to Pagos Service(s) constitute Your acceptance. If you do not agree with all of Pagos terms and conditions, You must immediately discontinue use and/or access, and agree not to access or use any of the Content, Pagos Services, solutions, or features.