We are glad you decided to use a PAYFEDERATE INC. (“PAYFEDERATE”, “COMPANY”, “WE”, “US”, “OUR”) website, INCLUDING THE CONTENT AND CODE RELATED
THERETO (COLLECTIVELY, THE “SITE,” “SITES”), SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS
TERMS OF USE AGREEMENT (“AGREEMENT“) CAREFULLY BEFORE USING THIS SITE. By using the Sites, you agree to be bound by these terms and conditions. If you do not
agree to these terms and conditions, please do not use the Sites. This Agreement is made between the Company and you, the Site visitor and/or registered user (“you”). We reserve the right at our sole discretion and at any time to:
• Change the terms and conditions of this Agreement;
• Change the Sites, including eliminating or discontinuing any content on or feature of the Sites, restricting the hours of availability or limiting the amount of use permitted; or
• Change any fees or charges for use of the Sites, including instituting new or increased fees or charges for the use of the Sites or any other related services or any feature thereof. Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Sites or via electronic mail. Your use of any of the Sites after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement. You must be at least 18 years of age to use any of the Sites. If you are under the age of 18, your parent or legal guardian, as applicable, must expressly consent to your use of the Sites.
The Sites are the property of Payfederate.
Payfederate, the Payfederate logos and other Payfederate trademarks including “Payfederate,” “Payfederate.AI,” and related service marks, and product and service names are Payfederate trademarks or registered trademarks in the United States and in other countries (the “Payfederate Marks”). All other trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
The Sites are owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Sites may violate copyright, trademark, patent and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites.
THE SITES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED OR OTHERWISE MADE AVAILABLE THROUGH THE SITES, ARE PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAYFEDERATE. AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PAYFEDERATE, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITES OR THE SITE-RELATED SERVICES.
PAYFEDERATE AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITES OR THE SOFTWARE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES (OR THE SERVER(S) ON WHICH IT IS HOSTED) R SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF PAYFEDERATE OR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AGENTS, REGISTERED USERS, OR VISITORS, WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITES AND ANY MATERIALS PROVIDED THROUGH THE SITES ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the Sites could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the “Code of Conduct” section). Additionally, you
acknowledge that unauthorized additions, deletions and alterations could be made by third parties to the Sites. Although the Company attempts to ensure the integrity and the accuracy of the Sites, it makes no guarantees whatsoever as to any Site’s completeness or correctness. In the event that such a situation arises, please contact us at legal@Payfederate.ai with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement.”
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of any Site’s users, in the event that you have a dispute with one or more Site users, you release PAYFEDERATE, and its subsidiaries, affiliates, agents and employees, from all claims, demands and damages of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons or people acting under false pretenses, associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
While PAYFEDERATE will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, PAYFEDERATE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content (as herein defined) maintained or transmitted by any Site. PAYFEDERATE reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. PAYFEDERATE reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as described above.
NEITHER PAYFEDERATE NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITES, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITES AND/OR CONTENT CONTAINED WITHIN THE SITES IS TO STOP USING THE SITES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR
OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITES.
The Sites may contain links to other websites operated by third parties, other than affiliates of the Company (“Linked Sites”). We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains the Company logo, advertisements and/or other content selected by the Company. You acknowledge that the Company and its sponsors neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the Company and its sponsors. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
Although the Sites are accessible worldwide, not all products or services discussed, referenced or made available on the Sites are available to all persons or in all geographic locations or jurisdictions. We make no representation that materials in the Sites are appropriate or available for use in locations outside the United States. Those who choose to access the Sites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws if and to the extent local laws are applicable. The Company reserves the right to limit the availability of the Sites and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide. Use of the Sites is void where prohibited.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Sites or Site-related services.
Submissions/Content
The Sites are owned and operated by PAYFEDERATE for the purpose of consultant comparison, discussion, and innovation (the “Purpose”). All information, data, ideas, text, software, music, sound, photographs, graphics, video, notes, messages, concepts, trademarks, service marks, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the user, and not PAYFEDERATE,
is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the Sites. No user shall transmit Content or otherwise conduct or participate in any activities on the Sites that, in the judgment of PAYFEDERATE, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
PAYFEDERATE reserves the right, in its sole and absolute discretion, to refuse or delete any Content at any time. PAYFEDERATE shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate this Agreement or be otherwise illegal or does not fulfill the Purpose. PAYFEDERATE, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by PAYFEDERATE to protect the rights, property, or personal safety of the Sites’ users and the public.
We do not require the users of our Sites to make use of the complete set of services we offer. To help ensure community access to Content, when users establish Content on our Sites but elect to instead release future Content through other external sites, PAYFEDERATE has the right (but not the obligation) to archive the original Content and make a new copy of the Content curated by PAYFEDERATE. The set of Content included in this curated copy is within the sole discretion of PAYFEDERATE, and may include updates and/or a subset and/or a superset of the Content posted by the user externally.
We do not control the Content posted to the Sites and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will PAYFEDERATE be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Sites. Each user, by using the Sites, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
By sending or transmitting to us Content, or by posting such Content to any area of the Sites, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally erform or otherwise use such Content in any media now known or hereafter developed. You hereby grant the Company permission to display your logo, trademarks and company name on the Sites and in press and other public releases or filings. Further, by submitting Content to the Company, you acknowledge that you have the authority to grant such rights to the Company.
PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
Use, reproduction, modification, and other intellectual property rights to data stored on the Sites will be subject to licensing arrangements that may be approved by PAYFEDERATE as applicable to such Content. With respect to text or data entered into and stored by publicly- accessible site features (“PAYFEDERATE Public Content”), the submitting user retains ownership of such PAYFEDERATE Public Content; with respect to publicly-available statistical content which is generated by the sites to monitor and display content activity, such content is owned by PAYFEDERATE. In each such case, the submitting user grants PAYFEDERATE a royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license. Content located on any PAYFEDERATE-hosted subdomain which is subject to the sole editorial control of the owner or licensee of such subdomain, shall be subject to the appropriate
license applicable to such Content, or to such other licensing arrangements as may be approved by PAYFEDERATE as applicable to such Content. For the purposes of these Terms, “Associated Content” means any text, data, music, sound, photograph, graphic, video, message or material, whether publicly posted or privately transmitted via Payfederate.
Some areas of the Sites may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address) and (b) to maintain and update your information (including your e-mail address) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your current or future use of the Sites (or any portion thereof). You will receive passwords and account designations upon completing certain Site registration processes and are wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. You agree not to distribute, transfer or resell your use of or access to any of the Sites to any third party. PAYFEDERATE cannot and will not be liable for any loss or damage arising from a user’s failure to comply, including any loss or damage arising from any user’s failure to: (1) immediately notify PAYFEDERATE of any unauthorized use of his or her password or account or any other breach of security; and (2) ensure that he or she exits from his or her account at the end of each session.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORDS AND ACCOUNT DESIGNATIONS AND ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
For users of consultingdirectory.payfederate.ai, you represent you are not a person on a list barring you from receiving services under U.S. laws or other applicable jurisdiction, including without limitations, the Denied Persons List and the Entity List, and other lists issued by the U.S. Department of Commerce, Bureau of Industry and Security, detailed at
https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern(or successor sites thereto). Users residing in countries on the United States Office of Foreign Assets Control sanction list, including Cuba, Iran, North Korea and Syria, may not post Content to, or access Content available through PAYFEDERATE. PAYFEDERATE handles user Registration Data in accordance with the Sites Privacy Policy.
PAYFEDERATE respects the intellectual property rights of others, and requires that the people who use the Sites do the same. It is our policy to respond promptly to claims of intellectual property misuse. Our procedures for responding to alleged copyright infringement are consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found at the U.S. Copyright Office web site https://www.copyright.gov/legislation/dmca.pdf. Please note that you will be liable for damages (including costs and attorneys’ fees) if you make any material misrepresentations when making or countering a copyright infringement claim. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
a. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
b. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and nformation reasonably sufficient to permit PAYFEDERATE to locate the material (e.g., URL).
c. Information reasonably sufficient to permit PAYFEDERATE to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I have a good faith belief that use of the material escribed above in the manner complained of is not authorized by the copyright owner, its agent, or the law.”
e. Include the following statement: “The information in the notification is accurate, and under penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
f. A physical, electronic or digital signature, in a form reasonably acceptable to PAYFEDERATE, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
g. Send the written communication to the following contact: Payfederate Inc. 95 3 rd Street 2 nd Floor, San Francisco, CA 94103 Attention: Legal.
h. Send electronically-signed communication to legal@Payfederate.ai. A copy of your notice (with your personal contact information removed) may be forwarded to Chilling Effects (https://www.chillingeffects.org) for publication. A link to your published notice may also be displayed in our Site search results in place of the removed material.
DMCA Counter-Notification Procedure: After receiving a notification of alleged infringement, PAYFEDERATE will remove or disable access to the material claimed to be infringing or claimed to be the subject of infringing activity. At the same time, PAYFEDERATE will provide the project administrator(s) of the affected project or the provider of affected material with a copy of the notice. The administrator of an affected project or the provider of affected material may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question. To file a counter notification with us, the administrator of an affected site or the provider of affected material must provide a written communication (by postal mail, overnight mail, or, when digitally-signed, by email) that sets forth the items specified below. (A sample counter notification may be found at www.chillingeffects.org/dmca/counter512.pdf.) To expedite our ability to process your counter notification, please use the following format (including section numbers):
a. Identify the material that PAYFEDERATE has removed or to which PAYFEDERATE has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
b. Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in San Francisco, California (if your address is outside of the United States, for any judicial district in which PAYFEDERATE may be found), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
c. Information reasonably sufficient to permit PAYFEDERATE to contact you, such as name, postal address, telephone number, and, if available, an email address at which you may be contacted.
d. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
e. Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to PAYFEDERATE.
f. Send written communication to the following address:
Payfederate Inc.
95 3 rd Street, 2 nd Floor
San Francisco, CA 94103
Attention: Legal
g. Send electronically- or digitally-signed communication to dmca@slashdotmedia.com. Upon receipt of a counter notification in substantial compliance with the DMCA, PAYFEDERATE will provide the person who provided the initial notification of claimed infringement with a copy of the counter notification promptly. After receipt of the counter notification, PAYFEDERATE will generally replace the removed material and cease disabling access to it, unless PAYFEDERATE’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material. PAYFEDERATE is generally unable to evaluate the merits of trademark disputes because trademark rights may be based on registration or common law use, exist only for certain categories of goods or services and may differ internationally. Therefore, PAYFEDERATE expects you to resolve trademark disputes directly with the project administrator(s) rather than utilizing PAYFEDERATE as an intermediary.
This Agreement is entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of San Francisco in the State of California for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce his Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time. PAYFEDERATE reserves the right to share or transfer personal information and aggregate information to a third party should PAYFEDERATE ever file for bankruptcy or in the event of a sale, merger, transfer or acquisition of all or a material
part of the Company. In addition, we may share your personal information with affiliated companies.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.
Please report any violations of the Terms (except for claims of intellectual property infringement) to legal@payfederate.ai. PAYFEDERATE may terminate a user’s account in PAYFEDERATE’s absolute discretion and for any reason. PAYFEDERATE is especially likely to terminate for reasons that include, but are not limited to, the following:
(1) violation of this Agreement;
(2) abuse of Site resources or attempt to gain unauthorized entry to the Sites or Site resources;
(3) use of a Site in a manner inconsistent with the Purpose;
(4) a user’s request for such termination; or (4) as required by law, regulation, court or governing agency order. PAYFEDERATE’s termination of any user’s access to any or all Sites may be affected without notice and, on such termination, PAYFEDERATE may immediately deactivate or delete user’s account and/or bar any further access to such files.
PAYFEDERATE shall not be liable to any user or other third party for any termination of that user’s access or account hereunder. In addition, a user’s request for termination will result in deactivation but not necessarily deletion of the account. PAYFEDERATE reserves the right to delete, or not delete, a user’s account at PAYFEDERATE’s sole discretion, as well as to delete, or not delete, Content at PAYFEDERATE’s sole discretion.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
• Pricing Information: Current rates for our services may be obtained by calling us at (833)472-9333, or by sending an e-mail to the PAYFEDERATE Sales Department. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
• Complaints: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
If you’ve verified a vulnerability, please contact us as soon as possible by emailing support@payfederate.ai with full details and information on how to reproduce the issue.