Effective November 17, 2021

Welcome to the website of NowPay, LLC dba NowPay (“Company,” “we,” or “us”). We provide the website, www.nowpaytech.com (the “Website”), as a service to you. By using the Website, you agree to these Terms of Use. You should read these Terms of Use carefully.

Acceptance of the Terms of Use

The following terms and conditions, together with any documents incorporated by reference (collectively, the “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered therein.

By using the Website or clicking to accept or agree to the Terms of Use when the option is made available to you, you agree to be bound and abide by the Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to the Terms of Use or Privacy Policy, you must not use the Website. This Website is available to users 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Company. If you do not meet these requirements, you must not access or use the Website.

Modification of Website and Changes to the Terms of Use

We reserve the right to withdraw or amend the Website, and any service or material we provide therein, in our sole discretion without notice. We may change the contents, operation, or other features of the Website at any time for any reason, without notice. We may discontinue or restrict your use of the Website at any time for any reason, without notice. We reserve the right, in our sole discretion, without any obligation and without any notice requirement, to change, improve, or correct the information, materials, and descriptions on this Website and suspend and/or deny access to the Website for scheduled or unscheduled maintenance, upgrades, improvements, or corrections. We will not be liable if all or any part of the Website is unavailable at any time, for any reason, or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

We may revise and update these Terms of Use from time to time in our sole discretion. Any revisions will be posted at least 10 days prior to the effective date and changes will apply to all access to and use of the Website thereafter. If you find the Terms of Use unacceptable at any time, discontinue your use of the Website. By continuing to use the Website after any change to these Terms of Use, you agree to the most recent version of the Terms of Use. You should check this page from time to time so you are aware of any changes, as they are binding on you. Should any changes occur to these Terms of Use, you will be able to determine this by referring to the version date at the bottom of the Terms of Use. If you do not agree to the Terms of Use, do not use the Website.

Accessing the Website and Security

To access the Website or its resources, you may be asked to provide certain registration details or other information and create a user account on the Website. You must provide your own access to the Internet and pay any telephone service, communication, use, access, and connection fees associated with such access. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete, and you agree to maintain and update your registration information as soon as possible if it changes. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account, if any, is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately at info@nowpaytech.com of any unauthorized access to or use of your information, username. or password or any other breach of security. You also agree to ensure that you log out from your account, if any, at the end of each session. You should use particular caution when accessing your account, if any, from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user account, username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of the Terms of Use.

Payments

You will not pay any service charges or fees to view the Website. If we change this policy, you will be notified in advance and allowed to discontinue your service.

Privacy

Please review our Privacy Policy to understand our privacy practices. All information we collect on this Website is subject to our Privacy Policy.

Intellectual Property Rights

The Website and its 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 Company, its licensors, and/or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. By downloading, copying, and printing content for non-commercial use, you do not obtain any right, title, or interest in such content.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for any such application.

You must not modify copies of any materials from this site; use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text; or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website. You may not, without Company’s express written permission, frame or mirror any material contained on this Website or any other Company server. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease 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 Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by the Terms of Use is a breach thereof and may violate copyright, trademark, and other laws.

Trademarks

Company name, logos, and all related names, logos, product and service names, designs, and slogans are trademarks of Company or its affiliates or licensors, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under trademark and copyright laws. You must not use such marks without the prior written permission of Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks, or logos displayed on this Website.

Prohibited Uses

You may use the Website only in accordance with these Terms of Use. You agree not to (1) use the Website in any way that violates federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (2) transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation; (3) impersonate or attempt to impersonate 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); or (4) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.

Additionally, you agree not to (1) use the Website in any manner that may disable, overburden, damage, or impair the site or interfere with any other parties’ use of the Website, including their ability to engage in real-time activities through the Website; (2) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) use any device, software, or routine that interferes with the proper working of the Website; (5) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (7) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (8) otherwise attempt to interfere with the proper working of the Website. Should you use this Website to commit a criminal offense, we may disclose information about you, including your identity and other personal information, to law enforcement authorities and immediately suspend or terminate the user’s right to use the site.

Reliance on Information Posted

The information presented on or through the Website 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 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 Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and 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 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 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.

User Responsibilities

You agree to comply with all applicable law in connection with your use of the Website, and such further limitations as may be set forth in any written or on-screen notice from Company. As a condition of your use of the Website, you warrant that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use.

You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Website. Accordingly, you agree that you will be solely responsible to Company for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Company immediately at info@nowpaytech.com.

By using this Website, you agree not to violate or attempt to violate the security of the Website, including, without limitation, actions such as: (1) accessing data not intended for you or logging into a server or account that you are not authorized to access; (2) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with service to any user, host, or network, including, without limitation, submitting a virus to or overloading, “flooding,” or “spamming” the Website; (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) using any data mining, robots, spiders, or similar data gathering and extraction tools.

Links from the Website

If the Website contains links to or accepts links from other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them. If you access any of the third-party websites linked to by the Website, you do so at your own risk and subject to the terms and conditions of use for such websites. To the extent that the Website contains links to outside services and resources, the availability and content of which Company does not control, any concerns regarding any such service or resource should be directed to the particular outside service or resource.

Geographic Restrictions

Company, the owner of the Website, is based in the state of California in the United States. We provide this Website for use only by persons located in or residing in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Unless otherwise explicitly stated, all marketing or promotional materials found on this Website are solely directed to individuals, companies, or other entities located in the U.S.

Disclaimer of Warranties

You understand that we cannot guarantee or warrant that files available for downloading from the internet or the Website 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. 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 COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY, NOR ANY PERSON ASSOCIATED WITH COMPANY, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY, NOR ANYONE ASSOCIATED WITH COMPANY, REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

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.

Limitation of Liability

IN NO EVENT WILL 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR CLAIMS 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, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website or your violation of the Terms of Use, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in the Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and the 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 laws of the State of California without effect to any conflict-of-law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state or federal courts located in Los Angeles County, California. You waive, to the fullest extent possible, all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, including the defense of inconvenient forum.

Waiver and Severability

No waiver by Company of any term or condition set forth in the 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 Company to assert a right or provision under the Terms of Use shall not constitute a waiver of such right or provision.

If any provision of the Terms of Use is held by a court or tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions continue in full force and effect.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be assigned, transferred, delegated, and sublicensed by you, but may be assigned, transferred, delegated, and sublicensed by Company without any restriction.

Entire Agreement

The Terms of Use and Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect thereto.

Your Comments and Concerns

This Website is operated by NowPay, LLC dba NowPay, 4751 Wilshire Boulevard, Suite 100, Los Angeles, CA 90010.

If you have any questions about the Terms of Use or the Website, or have any other feedback, comments, requests for technical support, or other communications relating to the Website, please contact us by email at info@nowpaytech.com.