1. General; Agreement to Terms; Users
These Terms and Conditions of Use (“Terms”) are entered into by and between you and Paybox Corp, a Delaware corporation (“Paybox” or “We”). In consideration of your use of and access to this Website (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and Paybox hereby agree as follows:
b. Among other things, this Site provides general information concerning Paybox the company, its management team, various products and service offerings, existing customer case studies, an ROI Calculator and sales collateral information.
c. These Terms and the information provided on the Site do not modify or supersede and in no way override the terms and conditions of any written services agreements, license agreements, or similar agreements between you and Paybox.
2. Changes in Terms; Termination.
Paybox shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by Paybox to the Terms. Your continued use of the Site after any such changes to the Terms constitutes your acceptance of the new Terms, whether or not you actually reviewed them. No modification to these Terms by any party other than Paybox shall be valid or enforceable against Paybox unless expressly agreed to by Paybox in writing signed by a duly authorized officer of Paybox.
3. Discontinued Operation of Site.
Paybox shall have the right, in its sole discretion, without notice and at any time and for any reason to discontinue operation of the Site, or any portion thereof, or any products or services offered through, if any, or advertised on this Site, or to terminate yours or any individual’s access to or use us the Site. The restrictions imposed on you, the disclaimers, indemnities and limitations of liability set forth in these Terms shall survive any termination of the Site or your use thereof.
4. Site Content; Trademark and Copyright.
The text, images, photographs, graphics, logos, illustrations, descriptions, data and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. Paybox may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Paybox in any way except to the extent it is expressly provided to be so.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Paybox or by third parties that have licensed their use to Paybox. You may view and use the Content only for your personal information, for shopping or ordering on the Site (to the extent the Site permits), or using the customer service features and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots or similar data gathering and extraction tools at the Site. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Paybox, any of its affiliates, Paybox corporate partners, or Paybox suppliers and vendors (collectively, the “Partners”) without the express, written consent of Paybox. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without Paybox’s express written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by an authorized representative of Paybox is strictly prohibited.
5. Notice and Procedure for Making Claims of Intellectual Property Infringement.
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact Paybox promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site;
Your name, address, telephone, number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the information submitted to Paybox is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to Paybox’s agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
By Mail: Paybox Corp, Attention: Matthew Oakes, 500 East Broward Blvd, Suite #1550, Fort Lauderdale, Florida 33394.
By Phone: 954-510-3785
With respect to any feature of the Site, if any, that allows you to upload, post or otherwise submit Content (if any), you may not upload, post or submit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material or information of any kind, including but not limited to any material or information that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified of any such material or information provided by you, we may investigate the allegation and determine, in our sole discretion, whether to remove or request the removal of such materials and information from the Site. Without limiting any of the provisions of this Section 6, we may disclose any material or information (including but not limited to electronic communication) of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site or our business; or (iii) to protect the rights or property of Paybox, any of its Partners, you or other users of the Site.
With respect to any feature of the Site, if any, that allows you to upload, post or otherwise submit Content, you may upload, post or otherwise submit to the Site only such Content (i) that is not subject to any copyright or other proprietary rights restrictions; (ii) with respect to which the owner or licensor has given express authorization for Paybox to distribute over the Internet; or (iii) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or otherwise proprietary Content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms and, in addition to the indemnification provided for in Section 11, you hereby agree to defend, indemnify, and hold harmless Paybox, its Partners and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or related to any of the foregoing.
7. Linked Third Party Sites.
Links to other websites operated by third parties, including any Partners, do not constitute sponsorship, endorsement, or approval by Paybox of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Paybox, and Paybox is not responsible for the availability, content, policies, or practices of linked sites, including without limitation privacy policies or practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Paybox reserves the right without prior notice to discontinue or change specifications and prices on products and services advertised on the Site without incurring any obligation to you. Products displayed on the Site are not guaranteed to be available. Descriptions of, or references to, products or services on the Site do not constitute a warranty by Paybox or any of its Partners.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY AS TO THE SITE AND CONTENT.
neither Paybox, any of paybox’s Partners nor ANY OF THEIR RESPECTIVE affiliates or related entities makes any warranties or representations whatsoever with respect to the Site or any linked site or its content, including the availability of any site or the Content, information and materials on it or the accuracy, completeness, or timeliness of that Content, information and materials. Paybox, paybox’s Partners and THEIR RESPECTIVE affiliates or related entities also do not warrant or represent that your access to or use of the Site or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Site or any linked Site is free of computer viruses or other harmful components. Without limiting the foregoing, all Content, information and material provided ON THe SITE IS PROVIDED TO users “AS IS” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF THE Content, INFORMATION AND MATERIALS PROVIDED ON THIS SITE OR ANY LINKED SITE IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While Paybox takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information.
UNDER NO CIRCUMSTANCES SHALL PAYBOX, ANY OF PAYBOX’S PARTNERS, ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF PAYBOX OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. DISCLAIMER OF WARRANTY AND LIMITATION ON LIABILITY AS TO PRODUCTS AND SERVICES.
THE only WARRANTIES, IF ANY, MADE BY PAYBOX WITH RESPECT TO PRODUCTS OR SERVICES (INCLUDING MAINTENANCE AND SUPPORT) licensed or purchased by you, whether through this site, if available, or otherwise ARE CONTAINED IN the SERVICES agreement OR OTHER written AGREEMENT between you and Paybox APPLICABLE TO such PRODUCT OR SERVICE. except for any such warranties, Paybox and its partners furnish all products and services sold or provided on this site on an “as is” basis, without any express or implied warranties of any kind, INCLUDING but not limited to implied warranties of merchantability and fitness for a particular purpose. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL PAYBOX, ITS PARTNERS OR ANY OF THEIR RESPECTIVE AFFILIATES OR RELATED ENTITIES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCTS OR SERVICES SOLD, ADVERTISED OR PROVIDED ON THE SITE, EVEN IF PAYBOX OR ANY OF ITS PARTNERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OR PAYBOX OR ANY OF ITS PARTNERS EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Paybox, its Partners and their respective affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of this Site and any products or service provided to you arising out of or relating to your use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
You may not use any automatic device, program or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site.
12. Use By Children
You must be at least 13 years old to use the Site, and if you are under 18, you may use the Site only with the permission and involvement of a parent or guardian.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter, For clarity, these Terms do not supersede any written services agreements, license agreements, maintenance agreements, or similar agreements between the parties. No waiver by Paybox of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
EACH OF THE PARTIES HERETO HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE, ACTION, PROCEEDING OR LITIGATION ARISING OUT OF, IN CONNECTION WITH or related to, these Terms, your use of the SITE or, if available, any products or serviceS you purchase using the SITE. each party certifies that no representative or agent of either party has represented or otherwise indicated that such party would not seek to enforce this waiver of right of a jury trial in the event of any DISPUTE, ACTION, PROCEEDING OR LITIGATION. EACH OF THE PARTIES AGREES THAT THIS WAIVER IS A MATERIAL INDUCEMENT FOR ENTERING INTO THESE TERMS.
Paybox and its Partners shall not be liable for any nonperformance or delay in performance caused by any act beyond their reasonable control.
Access to or use of this Site shall not be construed as the purposeful availment by Paybox or any of its Partners of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Florida. These Terms, and any disputes of any kind between you and Paybox, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts or choice of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of this Site, including any orders placed or products purchased on the Site if such feature is available on the Site, shall be in the federal courts located in Broward County, Florida.
If you have any questions about these Terms please contact us at: