Last Updated: November 22, 2021
Acceptance of the Terms of Use
These terms of use are entered into by and between you and “company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“) govern your access to and use of the AvailPay mobile application, including any content, functionality, and services offered on or through the AvailPay mobile application (the “AvailPay App“).
Please read the Terms of Use carefully before you start to use the AvailPay App. By using the AvailPay App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the AvailPay App.
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 may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the AvailPay App thereafter.
Your continued use of the AvailPay App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the AvailPay App so you are aware of any changes, as they are binding on you.
Accessing the AvailPay App and Account Security
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.
· Ensuring that all persons who access the AvailPay App are aware of these Terms of Use and comply with them.
To access the AvailPay App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the AvailPay App that all the information you provide on the AvailPay App is correct, current, and complete. You agree that all information you provide to register with this AvailPay App or otherwise, including, but not limited to, through the use of any interactive features on the AvailPay App, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
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.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
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.
These Terms of Use permit you to use the AvailPay App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our AvailPay App, except as follows:
· 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.
You must not access or use for any commercial purposes any part of the AvailPay App or any services or materials available through the AvailPay App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the AvailPay App in breach of the Terms of Use, your right to use the AvailPay App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the AvailPay App or any content on the AvailPay App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the AvailPay App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
You may use the AvailPay App only for lawful purposes and in accordance with these Terms of Use. You agree not to use 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.
Additionally, you agree not to:
· 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 manual process to monitor or copy any of the material on the AvailPay App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
· 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.
Reliance on Information Posted
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.
Information About You and Your Visits to the AvailPay App
All information we collect on this AvailPay App is subject to our Privacy Policy. By using the AvailPay App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
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.
Your use of AvailPay App may also require the use of the AvailPay™ Authenticator app. To the extent that the use of the AvailPay™ Authenticator app is required, the terms and conditions of the AvailPay™ Authenticator App are governed by the Terms of Use found here are not governed by these Terms of Use.
Geographic Restrictions
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.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the AvailPay App, including, but not limited to, your user contributions, any use of the AvailPay App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the AvailPay App.
Governing Law and Jurisdiction
All matters relating to the AvailPay App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Iowa without giving effect to any choice or conflict of law provision or rule (whether of the State of Iowa or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the AvailPay App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Iowa, in each case located in the City of Des Moines, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
All disputes arising from these Terms of Use or use of the AvailPay App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Iowa law.
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and AvailPay, LLC regarding the AvailPay App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the AvailPay App.
This application is operated by AvailPay, LLC
All feedback, comments, requests for technical support, and other communications relating to the AvailPay App should be directed to: Info@AvailPay.co