Terms and Conditions for PayPlus

The following is a legal agreement between PayPlus Software, Inc., an Idaho corporation with a corporate office at 357 Towne Center Blvd, Suite 301, Ridgeland, MS 39157 ("PPSI", "we", "us", or "our") and "you", the user of the website.

1. BINDING NATURE

By accessing, browsing, and/or using this Website ("Site") and any Services ("Services") provided by PPSI on the Website, you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. PPSI recommends that, as you read these Terms, you also access and read any information referred to in this document, as it may contain further Terms that apply to you. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, you are not access, browse, or use this Site.

2. CHANGE CONTROL

PPSI reserves the right to change any of these Terms contained herein or therein, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the revisions on the Site. You are responsible for reviewing these Terms, the Privacy Policy described in Section 9 of these Terms, and any applicable changes. Your continued use of the Site and Services offered following the posting of these revised Terms will constitute your acceptance of such changes or modifications. If you do not agree to any changes to the Terms, do not continue to use the Site or Services offered.

3. ACCESSING THE SITE

This Site and its services are available only to, and may only be accessed by individuals who can form legally binding contracts under applicable law. If you do not qualify, you may not access, browse, or use the Site. The content of the pages of this website is for your general use and information of the products and services offered by PPSI, subject to these Terms. Any other use of this Site is strictly prohibited. This prohibition includes, but is not limited to, Competitors accessing, browsing, or using the Site or Services without express, written permission from PPSI in advance of such access.

4. ACCEPTABLE USE OF THE SITE

PPSI has adopted the following Acceptable Use Policy in order to assure that the Site and services on the Site are used in a lawful and appropriate manner. We reserve the right to monitor the use of the Site and investigate reports of misuse and to protect its property and assets. Your use of the Sites shall not:

  1. be false, inaccurate, or misleading;
  2. be fraudulent or involve the sale of counterfeit or stolen items;
  3. infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy;
  4. violate any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination, or false advertising);
  5. be defamatory, trade libelous, unlawfully threatening, or unlawfully harassing;
  6. include the use of derogatory statements or offensive language;
  7. be obscene or contain pornography;
  8. be abusive or hateful;
  9. contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; or
  10. create liability for PPSI or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

Violation of this Acceptable Use Policy will not be tolerated and may result in being blocked from the Site. PPSI RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING BUT NOT LIMITED TO LAW ENFORCEMENT AUTHORITIES, RELEVENT INFORMATION ABOUT THE MISUSE DEEMED NECESSARY BY PPSI TO ADDRESS PAST VIOLATATION OF THE ACCEPTABLE USE POLICY AND PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY ACCESSING, BROWSING, AND/OR USING THIS SITE AND/OR SERVICES, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

5. INTERFERENCE

You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without PPSI's express written permission. Additionally, you agree that you will not:

  1. take any action that PPSI, in its sole discretion, believes imposes an unreasonably large load on its servers;
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any Site content without the prior expressed written permission of PPSI and the appropriate third party, as applicable;
  3. attempt to interfere with the proper working of the Site or any Services conducted on the Site; or
  4. bypass any measures PPSI may use to prevent or restrict access to the Sites.

6. LINKS TO THIRD PARTY WEBSITES

There may be links established between the Site and other websites on the World Wide Web or Internet which are not under the control of or maintained by PPSI. Such links do not necessarily constitute an endorsement by PPSI of those websites. We undertakes no obligation to monitor such websites, and you agree that PPSI is not responsible for the content of such websites or any technical or other problems associated with any such third-party websites, links or usage.

In addition, there may be circumstances where access to this Site is provided by a link located at another website. Neither PPSI nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other websites. We shall not be liable for any damages or injury arising from the content or services or these other websites. We recommend reviewing the individual terms and conditions for any of those third party websites.

7. WARRANTY RESTRICTIONS

THE CONTENT, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE IS NO WARRANTY AGAINST INTEREFERENCE WITH YOUR ENJOYMENT OF ANY CONTENT, INFORMATION, OR SERVICES INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS OR AGAINST INFRINGEMENT. PPSI IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC COMMUNICATION SENT THROUGH THE SITE. THE CONTENT AVAILABLE ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.

8. LIMITED LIABILITY

NEITHER PPSI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, BUT NOT LIMITED TO ATTORNEYS' FEES, IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF BMA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT PPSI AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER PPSI NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, OMISSIONS, DEFAMATION, SLANDER, LIBEL, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS PPSI AND ITS AFFILIATES AND PARTIES WITH WHOM PPSI HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.

9. PRIVACY POLICY

PPSI only uses your information as described in our Privacy Policy. We reserve the right to change the Privacy Policy in the future. It is recommended that you check the Privacy Policy frequently for changes. You agree not to use any information which is accessible on the Site or disclosed to you by PPSI except to enter into and complete PPSI transactions. You agree not to use any such information for purposes of solicitation, advertisement, initiation of unsolicited e-mail or spam, harassment, invPPSIon of privacy, or otherwise objectionable conduct.

10. UPDATES TO TERMS

PPSI reserves the right to revise these Terms at any time by updating this posting. By accessing, browsing, and/or using the Site, you agree to be bound by any such revisions and should be therefore periodically visiting the Site to determine the then-current Terms to which you are bound.

11. GOVERNING LAW

This Agreement, and the respective rights and obligations of the parties hereto, shall be governed by and construed in accordance with the laws of the State of Mississippi. Any dispute arising between you and PayPlus Software, Inc. will be submitted to binding arbitration in Madison County, Mississippi in accordance with the American Arbitration Association's standard rules then in effort for arbitration of commercial disputes.

12. GENERAL PROVISIONS

This is the entire Agreement. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Mississippi, without regard to that state's conflict of law provisions. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of PPSI and the User in accordance with applicable law and the remainder of the Agreement shall remain in force. All notices and other communications provided for herein shall be in writing and delivered to each party at the address set forth in this document, or as updated from time to time by the parties in writing. The parties to this Agreement are independent contractors and an agency, joint venture, partnership, fiduciary relationship, or any other relationship other than in the nature of independent contractor, shall not arise from this Agreement, and neither party has the right or authority to act for, or on behalf of, the other party. Headings are for the convenience of reference only and do not alter the rights and obligations of the parties. Neither party shall be liable to the other for any delay or failure due to acts of God, war, transportation difficulties, labor strikes, natural disasters, riots, acts, or omissions of vendors or suppliers beyond the control of the parties. The provisions of this Agreement are not for the benefit of any third party. Provisions of this Agreement that are intended to survive this Agreement shall survive. This Agreement has been mutually drafted and no presumption relating to ambiguities in favor of one interpretation over another due to the identity of the drafting party shall arise.

13. NOTICES REGARDING TERMS AND COPYRIGHT INFRINGEMENT

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHT MATERIAL MAY HAVE BEEN INFRINGED OR OTHER NOTICES REGARDING THESE TERMS AND CONDITIONS. ALL OTHER INQUIRES, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following Designated Agent:
Physical Address for Designated Agent:
Attn: Angela Costello
PayPlus Software, Inc.
357 Towne Center Blvd, Ste 301
Ridgeland, MS 39157

Email Address for Designated Agent:
info@payplus.com

Notices sent via email shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email sent failed.

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