Terms Of Service
Last updated: 11/02/2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://paymentcollect.com website and related software and services (the “Service”) operated by Payment Collect, LLC (“PaymentCollect”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
Personal and Noncommercial Use
The information provided by PaymentCollect on this website is general in nature and provided for informational purposes only. The Website is for your personal and noncommercial use.
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.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by PaymentCollect.
PaymentCollect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PaymentCollect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Limitations of Liability
IN NO EVENT SHALL WE, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PAYMENTCOLLECT OR OUR PARENT BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ) ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE PAYMENTCOLLECT SOFTWARE, SERVICES, OR THIS USER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.
No Warranty
THE PAYMENTCOLLECT SOFTWARE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. PAYMENTCOLLECT, OUR PARENT, THE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES AND SUPPLIERS OF PAYMENTCOLLECT OR OUR PARENT SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PaymentCollect does not have any control over the products or services that are paid for with the PaymentCollect Services and PaymentCollect cannot ensure that a buyer or a Seller you are dealing with will actually complete the transaction or is authorized to do so. PaymentCollect does not guarantee continuous, uninterrupted or secure access to any part of the PaymentCollect Services, and operation of our site may be interfered with by numerous factors outside of our control. PaymentCollect will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, and check issuances are processed in a timely manner but PaymentCollect makes no representations or warranties regarding the amount of time needed to complete processing because the PaymentCollect Services are dependent upon many factors outside of our control, such as delays in the banking system or the U.S. or international mail service. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from state to state.
Intellectual Property
“PaymentCollect.com”, “PaymentCollect”, and all logos related to the PaymentCollect Services are either trademarks or registered trademarks of PaymentCollect or its licensors. You may not copy, imitate or use them without PaymentCollect’s prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of PaymentCollect. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by PaymentCollect without prior written consent for the purpose of directing web traffic to the PaymentCollect Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to PaymentCollect or the PaymentCollect Services or display them in any manner that implies PaymentCollect’s sponsorship or endorsement. All right, title and interest in and to the PaymentCollect website, any content thereon, the PaymentCollect Services, the technology related to the PaymentCollect Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of PaymentCollect and its licensor
Prohibited Activities
You may not use the PaymentCollect services for activities that:
1. Violate any law, statute, ordinance, or regulation;
2. Relate to transactions involving any controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, items that encourage, promote, facilitate or instruct others to engage in illegal activity, stolen goods, items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, items that are considered obscene or an act of terrorism.
3. Infringe PaymentCollect’s copyrights, patents, trademarks, trade secrets or other intellectual property rights, or rights of publicity or privacy;
4. Relate to transactions that support pyramid or Ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (are for the sale of certain items before the seller has control or possession of the item, are by payment processors to collect payments on behalf of merchants, are associated with the sale of traveler’s checks or money orders, involve currency exchanges or check cashing businesses.
5. Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
6. Provide false, inaccurate or misleading Information
7. Provide payment utilizing any fraudulent or stolen payment credentials.
8. Control an Account that is linked to another Account that has engaged in any of these Restricted Activities.
9. Use your Account or the Services in a manner that PaymentCollect, Visa, MasterCard, American Express or Discover believe to be an abuse of the credit card system or a violation of credit card association rules
10. Send unsolicited email to a User or use the Services to collect payments for sending, or assisting in sending, unsolicited email to third parties; or Take any action that imposes an unreasonable or disproportionately large load on our infrastructure; Copy, decompile or otherwise reverse engineer any of the code in this page or any page on this site, unless otherwise authorized, in writing by PaymentCollect.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 (change this) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Us
If you have any questions about these Terms, please contact us:
70 Charlotte St., Ste. 002
Asheville, NC 28801
