February 8, 2020
Personal and Noncommercial Use
The information provided by Paynomix on this website is general in nature and provided for informational purposes only. The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to Paynomix that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
Restricted to Adults
You must be at least 18 years of age to use this website. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this website by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.
Disclaimer of Warranties
Neither Paynomix nor its employees, agents, partners, or licensors warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Website results in the need for servicing or replacing property, material, equipment or data, Paynomix is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Website on behalf of Paynomix. Reliance on any information presented on the Website is at your own risk. Paynomix reserves the right to change or discontinue any aspect or feature of the Website at any time. You acknowledge that, in connection with the Website, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Paynomix. Accordingly, Paynomix assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Website.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEBSITE. PAYNOMIX MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEBSITE AND MAKES NO WARRANTIES ON THIS WEBSITE WITH REGARDS TO PAYNOMIX PRODUCTS AND SERVICES.
Limitation of Liability
IN NO EVENT SHALL PAYNOMIX, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAYNOMIX IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PAYNOMIX SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100.00 (ONE HUNDRED DOLLARS). Because some states and countries do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and are limited to those expressly provided for in this agreement.
You agree to defend, indemnify and hold Paynomix, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website in a manner that violates or is alleged to violate these Terms and Conditions. Paynomix shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The Website links to other websites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Paynomix of the site, but is for your reference and convenience only. Paynomix has not reviewed all of the sites linked to the Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website nor does Paynomix recommend or endorse any products, services or procedures that may be mentioned on or represented on sites linked to the Website. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of any hyper-linked site. Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. Paynomix reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Website or any of its content or copy portions of the Website to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within Paynomix.com must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.
Paynomix retains full copyright ownership, rights and protection in all material contained on the Website (including all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of Paynomix. None of the material contained on the Website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Paynomix.
You agree that Paynomix may terminate your use of the Website if Paynomix reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions of Use, or violated the rights of Paynomix or any third party, or for any reason with or without notice to you. You agree that Paynomix may modify or discontinue the Website, with or without notice to you. You agree that Paynomix will not be liable to you or any third party as a result of such modification or discontinuation.
Paynomix may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in Paynomix account information. You may give notice to Paynomix at any time via electronic mail to [email protected] or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
300 Delaware Ave
Wilmington DE 19801