Last Updated: November 22, 2021
The AvailPay App is offered and available to users who are at least 16 years of age. By using this AvailPay App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the AvailPay App.
We reserve the right to withdraw or amend this AvailPay App, and any service or material we provide on the AvailPay App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the AvailPay App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the AvailPay App, or the entire AvailPay App, to users, including registered users.
· Making all arrangements necessary for you to have access to the AvailPay App.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the AvailPay App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
The AvailPay App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
· Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
· Modify copies of any materials from the AvailPay App.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the AvailPay App.
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the AvailPay App, or which, as determined by us, may harm the Company or users of the AvailPay App, or expose them to liability.
· Use the AvailPay App in any manner that could disable, overburden, damage, or impair the AvailPay App or interfere with any other party’s use of the AvailPay App, including their ability to engage in real time activities through the AvailPay App.
· Use any robot, spider, or other automatic device, process, or means to access the AvailPay App for any purpose, including monitoring or copying any of the material on the AvailPay App.
· Use any device, software, or routine that interferes with the proper working of the AvailPay App.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the AvailPay App, the server on which the AvailPay App is stored, or any server, computer, or database connected to the AvailPay App.
· Attack the AvailPay App via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the AvailPay App.
The information presented on or through the AvailPay App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the AvailPay App, or by anyone who may be informed of any of its contents.
This AvailPay App may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this AvailPay App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the AvailPay App may be out of date at any given time, and we are under no obligation to update such material.
To the extent, the AvailPay App contains links to or from other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this AvailPay App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the AvailPay App is based in the United States. We make no claims that the AvailPay App or any of its content is accessible or appropriate outside of the United States. Access to the AvailPay App may not be legal by certain persons or in certain countries. If you access the AvailPay App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that the AvailPay App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE AvailPay APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AvailPay APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
YOUR USE OF THE AvailPay APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AvailPay APP IS AT YOUR OWN RISK. THE AvailPay APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE AvailPay APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE AvailPay APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE AvailPay APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AvailPay APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE AvailPay APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE AvailPay APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE QUALITY, ACCURACY, OR TIMELINESS OF ADVICE, COMMENTS, OR SERVICES THAT ARE PROVIDED TO YOU THROUGH THE AvailPay APP.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE AvailPay APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE AvailPay APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.