Copyright and Trademark Information
Copyright ©2004-2019, 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.
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.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the Site immediately ceases, and you acknowledge and agree that we may immediately delete your information and User Content. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
THE CONTENT OF THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. PAYTRACE EXPRESSLY DISCLAIMS LIABILITY FOR TECHNICAL FAILURES (INCLUDING HARDWARE OR SOFTWARE FAILURES), INCOMPLETE, SCRAMBLED OR DELAYED COMPUTER TRANSMISSIONS, AND/OR TECHNICAL INACCURACIES, AS WELL AS UNAUTHORIZED ACCESS OR TRANSMISSION OF PERSONAL INFORMATION BY THIRD PARTIES. TO THE FULL EXTENT NOT PRECLUDED BY APPLICABLE LAW, PAYTRACE, ITS SUPPLIERS, CONSULTANTS, DIRECTORS, OFFICERS AND EMPLOYEES DISCLAIM AND EXCLUDE ALL WARRANTIES WITH RESPECT TO ALL SERVICES, INFORMATION AND/OR PRODUCTS CONTAINED ON THIS SITE, OR LINKED HERETO (COLLECTIVELY THROUGHOUT, "CONTENT"), EXPRESS, IMPLIED OR STATUTORY. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PAYTRACE DOES NOT WARRANT CONTENT TO BE ACCURATE, COMPLETE OR CURRENT. PAYTRACE DOES NOT WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER MAKING IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRICE AND AVAILABLE CONTENT, AS WELL AS OTHER CONTENT CONTAINED ON THE SITE OR ACCESSIBLE THEREFROM, IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE PAYTRACE SITE INCLUDES CONTENT PROVIDED BY THIRD PARTIES. PAYTRACE IS A DISTRIBUTOR OF SUCH CONTENT AND NOT ITS PUBLISHER. OUR THIRD PARTY SUPPLIERS MAY EXPRESS CERTAIN OPINIONS OR PROVIDE CERTAIN INFORMATION AND OFFERS. PAYTRACE MAKES NO WARRANTIES AS TO THE COMPLETENESS, ACCURACY, TIMELINESS, OR RELIABILITY OF INFORMATION OR OFFERS SUPPLIED BY THIRD PARTIES AND PUBLISHED BY PAYTRACE, DOES NOT GUARANTEE OR WARRANT THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY SUCH THIRD PARTY'S CONFORMANCE TO ANY LAW, RULE, REGULATION OR POLICY.
You agree to indemnify PayTrace and its officers and employees against any action, claim, damages, liability, costs and expenses arising out of:
- any claim that the posting, uploading, emailing or other submission of any material by you or on your behalf is an infringement of your or any third party's copyright, trademark or other intellectual property rights;
- any claim that the copying, modification, processing, printing, display, transmittal or other actions taken by us in accordance with these terms of any material posted, uploaded, emailed or otherwise submitted by you or on your behalf is an infringement of your or any third party's copyright, trademark or other intellectual property rights.
Changes to Web Site
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.
Choice of Law and Venue
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.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of PayTrace but may be assigned without your consent by PayTrace to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.