Effective on December 1, 2014
Eligibility. To use the Service and/or make a purchase, you must be (and you certify that you are) at least 18 years of age or the age of majority in your primary place of residence. You may use the Service only if you can form a binding contract with Us, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If your minor children use the Service, you are solely responsible for such use, including, without limitation, any purchases your minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement, and you agree that you will not allow your minor children under the age of 13 to engage in such use.
Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that We grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in Our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures We may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xiii) except as otherwise specifically set forth in a licensor’s end user license agreement, as otherwise agreed upon by a licensor in writing or as otherwise allowed under applicable law, distributing, transmitting, copying (other than re-installing software or files previously purchased by you through the Service on computers, mobile or tablet devices owned by you, or creating backup copies of such software or files for your own personal use) or otherwise exploiting the Products (defined below) in any manner other than for your own private, non-commercial, personal use.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in Our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Your Information. The Service is intended only to facilitate sales of products or product rights (collectively, "Products") to end user customers for their personal, non-commercial use. The personal information you submit to the Service is subject to:
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity. We may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete
If you are visiting the Site from the European Union or other regions with laws governing data collection and use, you agree to the transfer of your personal information to the United States, and to other countries where We operate, the privacy laws of which may be less strict than those of your country. By providing your personal information you fully understand and unambiguously consent to the transfer, processing, and storage of such information as described in this Agreement.
Objectionable Material. You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Product or your interactions with other users in the course of using the Products. You agree to use the Service at your sole risk and that We shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
Product Requirements. Use of the Service and/or Products requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Service and/or Products involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Applicable system requirements at the time of purchase can be found on the information page for each Product. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. We do not assume any responsibility or liability for any such fee, account or third party software or content. Physical copies of Products are not available. If you are having difficulty downloading the Product or encounter any other issues with the purchase, download or activation of a Product, you should contact Us on Twitter at @PayItFwdBundle.
Payment. Your total price is based on a “pay what you want” model, where you decide your total payment amount. The Service uses Stripe and other payment providers, as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that Our payment providers may charge your chosen payment method (such as PayPal or Google Wallet) for any Products purchased. Charges to your selected payment method occur at the time of purchase. If you use the services of an alternate payment method provider, such as PayPal, you will be bound by that provider’s terms and conditions, which are available on that provider’s website. You also may be required to create an account with such payment method provider and to provide that payment method provider with your credit card or other details. We reserve the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred.
Orders. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Charitable Sales Contributions. Under the terms of its charitable sales agreement with the designated charity (Watsi, Inc.), We will remit all funds designated for charity less any applicable sales taxes, purchaser refunds/credits, and processing fees. There are no minimum or maximum amounts which We will remit to a particular charity under the terms of its charitable sales agreement.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Us. You may also have additional rights under applicable law.
Delivery of Products. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable or able to be activated within a reasonable period will be either replacement of such Product, store credit or refund of the purchase price paid for such Product, as determined by Us in our sole discretion. We shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond Our control, including your computer's performance and the speed of your internet connection. Our obligation to deliver any Product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such Product. In all circumstances it is your responsibility to ensure that the Product is correctly and completely installed on your computer. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and We shall be without liability to you in the event of any loss, damage or destruction. We encourage all its users to appropriately back up the Product files and any other elements associated with the Products.
Once you make a purchase, you should receive a unique download page. You shall not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page. We shall not be responsible for any losses arising out of the unauthorized use of your download page.
No Ongoing Obligations. Notwithstanding any other provision of these Terms, We and Our licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that the administration of the site, the Service, Products, and application/enforcement of this Agreement entails the ongoing involvement of PAYITFORWARDBUNDLE.COM. Accordingly, in the event that We change any part of the Service or discontinue the Service, which We may do at Our election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that We shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any Product (although licensors of Services and Products may offer such updates, versions or enhancements at its sole discretion). The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Assistance with Orders. For assistance with billing questions or other order inquiries, please contact us on Twitter at @PayItFwdBundle. If you cannot find the answers you are seeking in our FAQ, you can tweet us at @PayItFwdBundle.
Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. Refunds will be issued solely at Our discretion.
Termination by Us. If you fail to comply with any of these Terms, or if We, in Our sole and absolute discretion, determine or suspect that you have failed to comply, including but not limited to the failure to make payment of fees due, failure to provide Us with a valid payment method, failure to safeguard your download page, or violation of any Product license, We may, without notice to you: (i) terminate this Agreement and/or your download page, and you will remain liable for all amounts due up to and including the date of termination; and/or (ii) terminate the license to the applicable Product; and/or (iii) preclude access to the Service (or any part thereof). No such termination by Us shall limit any other rights We may have in law or at equity.
Termination by You. You may terminate this Agreement by discontinuing all use of the Service and providing notice to Us. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Us will result in your permanent inability to access your download page and to download any Products associated therewith, and you will forfeit any right to any Products not already in your possession.
Survival of Terms. Notwithstanding any termination or expiration of this Agreement, the terms of the Sections titled (i) Electronic Signatures and Contracts; (ii) No Ongoing Obligations; (iii) Term and Termination; (iv) Disclaimer of Warranties; Limitation of Liability; Indemnity; (v) Other Legal Terms; and (vi) Use of Our Service will survive, along with any other terms which by their nature are intended to survive.
Disclaimer of Warranties. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY SUSPEND THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, AND WE DISCLAIM ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES, CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. THIS WILL NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Limitation of Liability. IN NO CASE SHALL WE, OR OUR AFFILIATES AND/OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "PAYITFORWARDBUNDLE.COM PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PAYITFORWARDBUNDLE.COM PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE PAYITFORWARDBUNDLE.COM PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold Us and Our affiliates, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, damages, expenses and costs (including but not limited to reasonable attorneys' fees) arising out of the actual or alleged breach of this Agreement by you or through your download page or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Changes to These Terms. We reserve the right, at any time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. If We amend these Terms, We will post the amended version of these Terms on the Site. If a material change is made to these Terms, then We will post a notice on the Site. You understand and agree that you will be deemed to have accepted the amended Terms if you use the Service after any such change. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.
Enforcement of These Terms. We reserve the right to take steps We believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Our right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that We have the right, without liability to you, to disclose any Registration Data and/or account information to law enforcement authorities, government officials, and/or a third party, as We believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms.
No Responsibility for Third-Party Materials. Certain content, Products, and services available via the Service may include materials from third parties. In addition, We may provide links to certain third party websites. You acknowledge and agree that We are not responsible for examining or evaluating the content, accuracy, or non-infringement of any such third-party material or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Intellectual Property Notice. You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products contain proprietary information and intellectual property rights that are owned by Us and/or participating licensors in the Service, and are protected by applicable U.S. and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the Service or any Product, or to violate any agreement applicable to the use of such software, without the prior written consent of the applicable participating licensor. All such intellectual property rights not expressly granted to you are reserved by Us and/or Our licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service, including but not limited to the Site (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are the property of their respective owners. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
DMCA Notice. We respect artist and content owner rights, and it is Our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work that is accessible via the Service has been reproduced or used in a way that constitutes copyright infringement, please notify Our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
Submit the information above to Us at [[email protected]].
Export Control. You agree to abide by U.S. and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
Notices. We may send you notices with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Site. Notices shall become effective immediately.