TERMS OF USE
These Terms of Use (“Terms”) were last updated May, 4th 2020.
IMPORTANT: Please read these Terms carefully as they form a contract between you and Pay Later Networks (“PLN”) that governs your access and use of: (a) this website, https://www.paylateroffers.com (“Site”), and (b) services available through the Site (“Web Apps”) (collectively, “Services”), for use in connection with purchasing products (“Products”) made available by PLN or it’s partners and affiliates.
By accessing or using the Services, you agree that you have read, understand, and agree to be bound by these Terms, as amended from time to time. If you do not agree to be bound by these Terms and the Privacy Policy, you may not access or use the Services. If you are accessing or using the Services on behalf of a person or an organization, you are agreeing to these Terms for that person or organization and promising to PLN that you have the authority to bind that person or organization to these Terms (in which event, “you” and “your” will refer to that person or organization, as applicable). You may access and use the Services only in compliance with these Terms, and only if you have the power to form a contract with PLN and are not barred under any applicable laws from doing so.
AGREEMENT
Because this page contains legal obligations, including, but not limited to limitations on liability, and arbitration provisions, please read these Terms of Use carefully. By accessing, viewing, or using any of our services, you acknowledge that you have read, understand, and agree to be bound by and subject to these Terms and Conditions and Privacy Policy. If you do not agree to all the Terms of Use of this agreement, then you may not access this Site or use any of its services.
CHANGES TO TERMS
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on this Website. The date on which these Terms of Use have been last updated will be noted immediately above this page and the revised Terms and Conditions will take effect seven (7) days after their publication on this Site. Your continued use of this Site after any such changes have been made constitutes acceptance of said changes.
SITE USE
By accessing and using this Website, you acknowledge and agree that it is your sole responsibility to maintain your compliance with the Terms and Conditions of this agreement; be responsible for and to abide by all applicable local, state, and federal laws, regulations, policies, and guidelines with respect to your use of this Site; and also assume all responsibility for your use, of this site, including meeting any of your contractual requirements with third parties and other persons.
LICENSE
This agreement provides you with a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use this Site solely for your personal use or your internal business purposes. You may not use, copy, store, reproduce, transmit, distribute, rent, or commercially exploit this Site in any manner not expressly permitted by this agreement; modify, alter, decompile, dissemble, reverse engineer, translate, or make derivative work of this Site; interfere, access, link to, use any source code contained in this Site; or erase or remove any proprietary or intellectual property notice contained in this Site and other services provided by Pay Later Networks.
COPYRIGHTS & TRADEMARKS
All content within this Site, including without limitation all software, graphics, text, design, images, user interfaces, visual interfaces, design, products and information (collectively, “Content”) of this Site are owned, controlled, and licensed by Pay Later Networks and/or its licensors. Any rights granted in this agreement are expressly licensed and revocable at any time in the sole and absolute discretion of Pay Later Networks. You shall not, nor will you allow any third party to reproduce, modify, display, perform, publish, distribute, disseminate, create derivative work from, broadcast or circulate to any third party, or otherwise use, any Content without the express prior written consent of Pay Later Networks. Pay Later Networks and all other names, logos and icons identifying Pay Later Networks and its products and services are proprietary trademarks of Pay Later Networks and/or its affiliates, and any use of such trademarks without the express written permission of Pay Later Networks is strictly prohibited.
PRIVACY
Pay Later Networks is dedicated to safeguarding personal information and processing it in a manner consistent with user expectations. Please review the Privacy Policy for information about how Pay Later Networks handles personal information collected through the Services.
AFFILIATES
To become an Affiliate of Pay Later Networks, you will be required to complete one or more sign up forms that request specific information from you, including, but not limited to your: first and last name, physical mailing address, email address, and phone number. Once your form has been submitted, Pay Later Networks will decide whether to make you an offer to join our Affiliate network. Submission of Pay Later Networks’ online forms do not constitute offers, but solicitations of an offer.
WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PLN AND ITS LICENSORS AND SERVICE PROVIDERS MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT (I) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF HARMFUL COMPONENTS, TIMELY, OR SECURE, OR (II) ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE USE OF THE SERVICES WILL BE ACCURATE, TIMELY OR ERROR-FREE, (B) ANY IMPLIED WARRANTY OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND (C) ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT, SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOUR USE OF THE SERVICES AND ANY DATA, INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR, AND PLN DISCLAIMS, ANY AND ALL LOSS, LIABILITY, OR DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES AND ANY DATA INFORMATION OR RESULTS OBTAINED THROUGH THE SERVICES.
LIMITATION OF LIABILITY
TO THE FULL EXTENT PERMISSIBLE BY LAW, SIMPLETIRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, THESE TERMS, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS SECTION 4 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. Some jurisdictions do not permit the exclusion or limitation of certain damages or other rights, so those provisions of these Terms may not apply to you.
INDEMNIFICATION
You will indemnify, hold harmless and defend Pay Later Networks, its licensors and service providers from any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by Pay Later Networks arising out of or relating to: (a) your breach of any term or condition of these Terms, (b) your use or misuse of the Services, or (c) violations of any laws, rules or regulations applicable to your use of the Services. Pay Later Networks reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Pay Later Networks, and you will cooperate with Pay Later Networks’ defense of such claims. You will not settle any such claim without Pay Later Networks’ prior written consent.
DISPUTES & ARBITRATION
Any dispute or claim relating in any way to these Terms or your access or use of any Services will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow the provisions of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Pay Later Networks, Attention: Legal Department at 7 Neshaminy Interplex Drive, Suite 215, Trevose, PA 19053-6974. Your notice to Pay Later Networks must: (a) provide your name, mailing address, and email address, (b) describe the dispute, and (c) state the relief you are requesting. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Pay Later Networks will reimburse those fees for claims totaling less than $1,000 unless the arbitrator determines the claims are frivolous. Pay Later Networks will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at either a mutually agreed location or the state (or province) in which you purchased the Product.
WAIVER OF CLASS ACTIONS. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If, for any reason, a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in a state or federal court in James City County, Virginia to enjoin infringement or other misuse of intellectual property rights.
OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section 6, you must notify Pay Later Networks in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification to Pay Later Networks, Attention: Legal Department to the address in Section 6.2. Subject to Section 6.5, if you do not notify Pay Later Networks as outlined in this Section 6.4, you agree to be bound by the arbitration and class-action waiver provisions herein, including such provisions in any Terms revised after the date of your first acceptance.
You may reject any change Pay Later Networks makes to Section 6 (except address changes) by sending Pay Later Networks written notice within 30 days of the change by mail to the address in Section 6.2. If you do, the most recent version of Section 6 before the change you rejected will apply. It is not necessary to send Pay Later Networks a rejection of a future change to this Section 6 if you had properly opted out of the arbitration and class-action waiver provisions in this Section 6 within the first 30 days after you first accepted these Terms.
GOVERNING LAW
You agree that these Terms, and any claim, dispute, action, or issue arising out of or relating to these Terms or your use of the Products and Services is governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Virginia without reference to conflict of laws principles. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal jurisdiction of the state and federal courts in or for James City County, Virginia for the purpose of litigating all such claims or disputes. Notwithstanding the foregoing, Pay Later Networks may seek injunctive or other equitable relief to protect its (or its licensors or service providers’) confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
NOTICE
Pay Later Networks may need to communicate with you from time to time regarding these Terms or the Services. Pay Later Networks may provide such notice to you via email to the email address you provided on the Site. You may contact Pay Later Networks at:
support@paylaternetworks.com
SEVERABILITY
Each provision in these Terms constitutes a separate and distinct provision severable from all other provisions. If any provision (or any part of a provision) is unenforceable under or prohibited by any present or future law, then the unenforceable provision (or part of the unenforceable provision) is amended to be in compliance with such law, while preserving the intent of the original provision to the extent possible. Any provision (or part of a provision) that cannot be amended will be severed from these Terms, and all the remaining provisions of these Terms will continue in full force and effect.
TERMINATION
These Terms will remain in effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. Without limiting any other provisions in these Terms, Pay Later Networks may: (a) suspend or terminate your rights to access or use the Services, or (b) terminate these Terms with respect to you if Pay Later Networks in good faith believes that you have used the Services in violation of these Terms. Your account and the limited right to access and use the Services under Section 1 of these Terms will automatically terminate upon the termination of these Terms. Sections 1.3, 1.4, 3, 4, 5, 6 and 7 survive any expiration or termination of these Terms.
ENTIRE AGREEMENT
These Terms are the complete and entire understanding and agreement between Pay Later Networks and you regarding the Services and supersede all previous or contemporaneous written and oral agreements and communications relating to the subject matter of these Terms, all of which are merged into these Terms. These Terms may not be modified or amended except in a writing signed by Pay Later Networks and you.
MISCELLANEOUS
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. If you have questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@paylaternetworks.com.