PayMeForms.com User Terms and Conditions Last Updated on April 1st, 2019
Welcome to PayMeForms. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a PayMeForms User. By signing up, You indicate that You have read and understood this Agreement and You will be bound by its Terms.
- “PayMeForms” is a trademark of PayMeForms LLC, and also refers to proprietary PayMeForms LLC software used to create Internet sales funnels. In this Agreement, references to “PayMeForms” as a Party mean and refer to PayMeForms LLC, doing business as PayMeForms, and PayMeForms LLC’s owner(s), parent company(ies), affiliate entities, and employees, and assigns.
- “Parties” mean PayMeForms and You. PayMeForms and You are each a “Party.”
- “Terms” mean and refer to the PayMeForms User Terms and Conditions set forth herein.
- “User” refers to a person who has created a PayMeForms Account. “User Account” refers to a User’s PayMeForms Account.
- “You”and “Your” means the PayMeForms User who has executed this Agreement by signing up on PayMeForms’ website.
- Becoming a PayMeForms User
By signing up on PayMeForms.com’s website you become a PayMeForms User. There are various products and services available to Users, and monthly prices applicable to such products and services. PayMeForms’ products, services, and prices are posted https://start.PayMeForms.com/signup, and are subject to change without notice. Price changes are effective on the first day of the month after the price change is posted https://start.PayMeForms.com/signup. By signing up and providing PayMeForms Your credit card information You authorize PayMeForms to charge Your credit card in the amount indicated for the value of the services You select, including any future price changes. By Your continued use of PayMeForms services, and unless You terminate this agreement as provided herein, You agree that PayMeForms may charge Your credit card monthly for the products and services You have selected, and You consent to any price changes for such services.
III. Cancellation and Termination
You are solely responsible for properly canceling your account.
You can easily cancel your subscription by going to Settings > Billing, from within the application, then clicking on the “Cancel Subscription” button.
You can also cancel your subscription via a support request at https://PayMeForms.com/contact or by sending an email to support[a]PayMeForms.com using your account email. Any other emails or phone requests to cancel Your account will not be considered a cancellation. If You cancel the Service before the end of Your current paid up month, Your cancellation will take effect immediately and You will not be charged again.
You agree that PayMeForms, in its sole discretion and for any or no reason, may terminate or suspend Your account including but not limited to Your breach of any of the Terms of this Agreement, failed payment, charge dispute, etc. You agree that any termination of Your access to the Service may be without prior notice, and You agree that PayMeForms will not be liable to You or any third party for such termination.
There will be no refunds or credits for partial months of service, annual payments, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- No License to use PayMeForms Marks
Any content on any PayMeForms website may constitute the intellectual property of PayMeForms. Except where expressly authorized, no material on any PayMeForms website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The PayMeForms trademark and logo are proprietary marks of PayMeForms, and the use of those marks is strictly prohibited. Nothing herein gives You the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by PayMeForms or any of PayMeForms’ affiliates.
You agree to protect, defend, indemnify and hold harmless PayMeForms, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of Your conduct. Your indemnity obligation includes, but is not limited to, any third party claim against PayMeForms for liability for payments for, damages caused by, or other liability relating to, You.
VII. No Warranty; No Leads.
PayMeForms does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that PayMeForms will not at any time provide sales leads or referrals to You. Additionally, PayMeForms’ WEBSITES AND SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PayMeForms MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY PayMeForms WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. PayMeForms MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY PayMeForms WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY PayMeForms WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY PayMeForms’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY PayMeForms’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
The PayMeForms websites may include inaccuracies, errors and materials that conflict with these Terms. In the event of any conflict between anything posted on any PayMeForms website and these Terms, these Terms shall control.
VIII. Limitation of Liability.
YOU AGREE THAT IN NO EVENT SHALL PayMeForms’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO PayMeForms FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST PayMeForms OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION.
- Force Majeure.
PayMeForms will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of PayMeForms. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. PayMeForms shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
- Assignment of Rights.
PayMeForms may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without PayMeForms’ or its assigns express written consent.
- Information; Registration; User Names and Passwords
As a PayMeForms User, You will be required to create an account with PayMeForms. You warrant that the information You provide Us is truthful and accurate, and that You are not impersonating another person. You are responsible for maintaining the confidentiality of any password You may use to access Your PayMeForms User account, and You agree not to transfer Your password or User name, or lend or otherwise transfer Your use of or access to Your User account, to any third party. You are fully responsible for all transactions with, and information conveyed to, PayMeForms under Your User Account. You agree to immediately notify PayMeForms of any unauthorized use of Your password or User name or any other breach of security related to Your User account. You agree that PayMeForms is not liable, and You will hold PayMeForms harmless, for any loss or damage arising from Your failure to comply with any of the foregoing obligations.
XII. Release/Authorization to Use Photographs.
You grant PayMeForms permission to use any and all photographs taken by PayMeForms or its agents or employees, or submitted by You to PayMeForms (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of PayMeForms or any product or service sold and marketed by PayMeForms. You agree that this authorization to use Photographs may be assigned by PayMeForms to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in PayMeForms’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against PayMeForms in exchange for this Release and Assignment. You hereby release and forever discharge PayMeForms from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
XIII. Prohibited Activity.
PayMeForms has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to PayMeForms’s reputation; and the violation of the rights of PayMeForms or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third party blogs) will be deemed a material threat to PayMeForms’ reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If You have any questions or complaints concerning any of the Terms, You may contact PayMeForms by e-mail at hello[a]PayMeForms.com.
- Digital Millennium Copyright Act
If You believe that materials or content available on any PayMeForms website infringes any copyright You own, You or Your agent may send PayMeForms a notice requesting that PayMeForms remove the materials or content from the PayMeForms website. If You believe that someone has wrongly filed a notice of copyright infringement against You, You may send PayMeForms a counter-notice. Notices and counter-notices should be sent to PayMeForms by e-mail hello[a]PayMeForms.com.
XVI. Arbitration, Governing Law, and Attorneys’ Fees.
- ARBITRATION. Any claim or grievance of any kind, nature or description that You have against PayMeForms including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Ada County, Idaho. You agree not to file suit against PayMeForms or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and PayMeForms. In the event that You and PayMeForms are unable to reach agreement on an Arbitrator, You and PayMeForms will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of Ada County, Idaho. The arbitrators selected by You and PayMeForms will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and PayMeForms and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.
- GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of Idaho without regard to any choice of law provisions.
- WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against PayMeForms to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against PayMeForms may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this Agreement prevents PayMeForms from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect PayMeForms’ rights prior to, during, or following any arbitration proceeding.
- ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either You or PayMeForms commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.
XVII. Changes to Terms
PayMeForms reserves the right to change these Terms, in whole or in part, from time to time at PayMeForms’ sole and absolute discretion, and to provide You with notice of such change by any reasonable means, including without limitation posting revised Terms https://start.PayMeForms.com/terms-of-service. By Your continued use of PayMeForms’ services, and unless You terminate this agreement as provided herein, You manifest Your agreement to any subsequent changes to the Terms.
If any Term set forth herein is deemed unenforceable under any applicable law, the remaining Terms shall remain in full force and effect and these Terms shall be read, collectively, as if the unenforceable Term(s) were omitted.
No waiver by PayMeForms of any breach or default of these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any notice required to be given to PayMeForms under or related to these Terms must be in writing, addressed as follows:
9500 Ray White Rd #200
Forth Worth, TX 76244
Notices to You may be made by posting a notice (or a link to a notice) on PayMeForms.com/terms-of-service or by e-mail.