Simple Pay LLC. is an authorized dealer of various mobile phone carrier products as listed on this website. Your use of the www.simplepaynow.com Web Site constitutes your agreement to and acceptance of the additional terms and conditions, which are produced below:
1. Notice of Agreement/Legal Document.
THE FOLLOWING DOCUMENT IS A LEGALLY BINDING AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE YOU USE THE SERVICES, GOODS, PRODUCTS AND/OR MECHANDISE (hereafter, “PRODUCT(S)”) PROVIDED BY THIS WEB SITE AND BEFORE YOU AGREE TO PURCHASE ANY PRODUCTS FROM THIS WEB SITE. BY USING THIS WEB SITE OR BY AGREEING TO PURCHASE ANY PRODUCTS FROM THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEB SITE AND SHOULD EXIT IT IMMEDIATELY. THE simplepaynow.com WEB SITE IS PROVIDED TO YOU, THE CUSTOMER, BY Simple Pay LLC. D/B/A SIMPLE MOBILE SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Simple Pay LLC., hereinafter referred to as "simplepaynow.com" or the "Web site",
"CUSTOMER," "YOU," and "YOUR" refer to:
the natural person using this Web site, regardless of whether he or she is acting is his or her individual capacity, or as the agent for any other natural person or business entity; and the natural person who is the principal of any electronic agent(s) using this Web site, regardless of the number of layers of electronic agency that may exist between the natural person principal and the electronic agent(s) using this Web site.
In this Agreement, simplepaynow.com and YOU may sometimes be referred to collectively as the "PARTIES." Where this Agreement uses the term "PARTIES," it intends both YOU and simplepaynow.com
Unless the context clearly requires otherwise, as used in this Terms of Service and Customer Agreement, the name "simplepaynow.com," standing alone (as opposed to being used as a modifier in a phrase such as "simplepaynow.com Web Site") shall be construed to include all of the following entities and persons: Simple Pay LLC., simplepaynow.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its contractors, their respective agents and employees, and all their respective heirs, successors, and assigns.
3. Intent to Enter Agreement to Purchase Prepaid Telephone Calling Products.
simplepaynow.com desires to provide Prepaid Wireless and Long Distance Calling Cards Web Site and YOU desire to use simplepaynow.com Web Site, provided by www.simplepaynow.com, subject to the terms and conditions of this Agreement, as simplepaynow.com may amend or revise this Agreement from time to time, to purchase prepaid telephone calling Products from third-party telephone carriers (hereinafter referred to as "carriers").
In consideration of simplepaynow.com's providing access to and use of simplepaynow.com Web Site to YOU, YOUR payment of and promises to pay fees to www.simplepaynow.com, and YOUR promises to abide by the terms and conditions of this Agreement, as simplepaynow.com may amend or revise this Agreement from time to time, and in consideration of all the mutual covenants and promises made in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the PARTIES hereby agree as follows:
5. All Sales Final; Refunds or Credits from Carriers.
YOU agree that simplepaynow.com acts merely as a distributor of prepaid telephone Products for third-party telephone carriers.
ALL SALES FROM simplepaynow.com WEB SITE ARE FINAL, WITH RESPECT TO simplepaynow.com.
simplepaynow.com will not issue any refunds, credits, adjustments, or replacement of telephone virtual cards, personal identification numbers (PINs) or other Products offered at simplepaynow.com’s website except as provided herein.
Most orders can be processed automatically. Orders which can be processed automatically will be completed promptly 24 hours a day, seven days a week. However, if an order requires manual review processing might take up to 12 hours. simplepaynow.com shall not honor any charge back when manual review is required if it is made within 12 hours of the order being placed.
Even if simplepaynow.com shall, at its sole discretion, makes any limited exceptions to its "all sales final" policy as described in this Agreement, simplepaynow.com shall not waive any rights it has to enforce said policy in all other cases and at all other times, to the fullest extent provided in this Agreement and allowed under applicable law.
The various carriers whose prepaid telephone and long-distance products simplepaynow.com makes available to you through simplepaynow.com Web Site may provide refunds, credits, or adjustments to YOU under certain circumstances. By YOUR use of simplepaynow.com Web Site, YOU agree that you will contact the appropriate carriers regarding their policies concerning refunds, credits, or adjustments. YOU further agree that YOU will release, hold harmless, defend, and indemnify www.simplepaynow.com, its parents, subsidiaries, affiliates, partners, members, joint ventures, all their respective employees and agents, and all their successors and assigns from any liability for any carrier's failure to adjust or resolve any claim YOU may have against said carrier.
6. Products simplepaynow.com Will Provide to CUSTOMER.
simplepaynow.com grants YOU a limited, non-exclusive, and nontransferable license to use simplepaynow.com Web Site and its various components to purchase prepaid telephone Products from third-party carriers or to refer third parties to simplepaynow.com Web Site for the sole purpose of purchasing such Products.
Subject to all the terms and conditions of this Agreement and all applicable laws, YOU may access, for YOUR sole use, simplepaynow.com's proprietary content offered at simplepaynow.com Web site and accessible through simplepaynow.com's home page on the World Wide Web.
simplepaynow.com will provide YOU with such customer and technical support related to YOUR use of simplepaynow.com Web Site, at no additional charge, subject to the restrictions posted on the Customer Support area of simplepaynow.com Web Site.
This license is subject to the restriction, that, except to the extent expressly permitted by law, YOU may not translate, reverse engineer or reverse compile or de-compile, disassemble or make derivative works from the software residing at or used to operate simplepaynow.com Web Site (hereinafter referred to as the "simplepaynow.com Software"). YOU may not modify simplepaynow.com Software in any manner or form, or use it in any way which is not expressly authorized by www.simplepaynow.com, other than to access simplepaynow.com Web site, as authorized by this Agreement, including, without limitation, for the purpose of obtaining unauthorized access to simplepaynow.com's Products or data (also known as "hacking"). YOU agree to abide by the United States and other applicable export control laws and regulations and not to transfer, by electronic transmission or otherwise, any information, including simplepaynow.com Software in either source, object, or executable form, which is subject to restrictions under such laws to a national or destination restricted under such laws without first obtaining and then complying with any requisite government authorization or licensing requirements and without first providing simplepaynow.com with a certified copy of said license or written government authorization, evincing compliance with all applicable export control laws and regulations.
7. Warranties and Representations of CUSTOMER.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD.
YOU represent and warrant that YOU are a citizen or a lawful resident of the United States of America or of Canada.
YOU acknowledge that YOU will receive a user name and a password to access the Products provided by simplepaynow.com at simplepaynow.com Web Site.
Upon YOUR initial access to simplepaynow.com Web Site, YOU will select a unique password. YOU are solely responsible for maintaining the confidentiality of YOUR password and are liable for any harm resulting from disclosing or allowing disclosure of any password or from use by any person of YOUR password to gain access to YOUR accounts.
Therefore, for security purposes, simplepaynow.com recommends that YOU change YOUR password regularly.
Upon YOUR registration with simplepaynow.com Web Site, YOU must choose a unique user name to identify YOU to simplepaynow.com Web Site. simplepaynow.com expects YOU to be reasonable and responsible in selecting a user name. Vulgar or otherwise offensive user names may offend other persons and are unacceptable. YOU may not select or use a user name that is the real name of another person, or a user name that violates a trademark right, copyright, or any other proprietary right, or which simplepaynow.com deems in its sole discretion to be vulgar or otherwise offensive. simplepaynow.com reserves the right to reject your user name.
YOU understand that YOUR password is confidential and is intended solely for YOUR use and for no other person's use.
YOU understand that simplepaynow.com will rely on YOUR agreement to keep YOUR password secret and confidential and that YOU will not reveal YOUR password to any other person or entity, except as required by law.
YOU understand that disclosure of YOUR password to any other person or entity, except as required by law, could cause irreparable damages to www.simplepaynow.com, including, but not limited to compromise of simplepaynow.com's confidential and proprietary business information and trade secrets, compromise of the integrity of the information and communications of simplepaynow.com's other customers, interruption of simplepaynow.com's Products, lost profits to simplepaynow.com, and damages to simplepaynow.com's business reputation and goodwill.
YOU understand and agree that disclosure of YOUR password to any other person or entity, except as required by law, is a MATERIAL BREACH of this Agreement, and MAY VIOLATE LOCAL, STATE, and FEDERAL LAW.
In the event that YOU disclose YOUR password to any other person or entity, YOU shall and hereby do forever agree to defend, hold harmless, and indemnify simplepaynow.com from any harm or damages whatsoever resulting directly or indirectly from YOUR disclosure of YOUR password to any other person or entity.
YOU understand and agree that YOU shall be entirely liable for all activities conducted through use of YOUR password, whether any third person or entity may also be liable for such activities.
8. Information YOU Provide to simplepaynow.com
YOU agree to provide simplepaynow.com with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to simplepaynow.com's Products, and may result in immediate termination of YOUR account and subject YOU to civil and/or criminal liability. YOU further agree not to commit any fraud against simplepaynow.com and/or its Carriers and acknowledge that it is a Federal and State criminal offense to purchase any Products from simplepaynow.com by fraudulent means.
9. Charges, Fees, and Payment.
The rates and charges for telephone card Products available from simplepaynow.com, as well as the methods of payment shall be those posted on simplepaynow.com Web Site, as amended or revised from time to time.
If YOU make a payment for a plan in which YOU are not currently enrolled, simplepaynow.com may, at its sole and unfettered discretion, upgrade YOUR plan and process that payment for the upgraded plan.
If YOUR chosen payment method for simplepaynow.com's Products is by credit or debit or prepaid card, and simplepaynow.com has not received payment from the card issuer or its agents, YOU agree to pay all amounts due upon demand by simplepaynow.com.
YOUR card issuer's agreement governs YOUR use of YOUR designated payment card in connection with simplepaynow.com Web Site, and YOU must refer to such agreement and not this Agreement with respect to YOUR rights and duties as a cardholder.
Upon written request, simplepaynow.com will provide YOU with a written statement of charges. Unless YOU notify simplepaynow.com of any discrepancies within ninety (90) days after they first appear on the written account statement, they will be deemed acceptable by YOU for all purposes, including resolution of inquiries made by YOUR card issuer or bank.
YOU release simplepaynow.com from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to simplepaynow.com within 90 days of its publication to YOUR account.
YOU acknowledge that simplepaynow.com has multiple contracts with different payment processers such that payments and/or refills do not come directly from simplepaynow.com.When YOU make a payment for a plan successfully, simplepaynow.com will send the confirmation email provided and will send the monthly reminder by email and text. If YOU decide that YOU no longer want to receive such emails or TEXT from simplepaynow.com, YOU may notify simplepaynow.com by email at firstname.lastname@example.org.
10. YOUR Responsibility for Charges.
YOU shall be responsible for all charges resulting from YOUR use of simplepaynow.com Web Site and the use of simplepaynow.com Web Site by any other person who uses your user name and password, regardless of whether YOU have actually authorized such charges.
YOU acknowledge and agree that you are liable of any charges from information that you input onto the Web Site. Therefore, you are liable for entering correct account numbers, telephone numbers, user name, password and/or double clicking on the submit button. Once a Carrier has credited your account, simplepaynow.com cannot give YOU a refund.
If YOU misplace YOUR user name or password or both, or suspect that someone else may be using them without YOUR authorization, YOU agree that YOU will notify simplepaynow.com immediately. Failure to notify simplepaynow.com shall result in YOUR being liable for unauthorized charges.
11. Failure to Make Timely Payment.
simplepaynow.com reserves the right to suspend or terminate YOUR account and YOUR access to simplepaynow.com Web Site for any amounts past due. Amounts past due include, but are not limited to denied charges and dishonored checks.
Termination of YOUR account and/or YOUR access to simplepaynow.com Web Site shall not relieve YOU from the obligation to satisfy outstanding invoices and to pay to simplepaynow.com all amounts YOU owe to simplepaynow.com pursuant to this Agreement, or otherwise.
In the event simplepaynow.com utilizes an attorney at law to collect any unpaid amounts from YOU, YOU shall be responsible for the payment of all of simplepaynow.com's attorneys' fees and costs, in addition to any penalties allowed under applicable law, in the collection of those sums.
12. Limitations on Use of simplepaynow.com Web Site.
In any given 24-hour period, the number of purchases and the aggregate monetary value of the purchases YOU may make from simplepaynow.com Web Site is limited. YOU agree that simplepaynow.com reserves the right to change these limits at any time without notice and that simplepaynow.com shall not be liable to YOU in any manner, for any reason, under any legal theory as a result of changing such limits. YOU further agree that YOU will not exceed or attempt to exceed these limits.
13. Intellectual Property Rights.
All Content simplepaynow.com provides on any and all of its pages on the World Wide Web, any and all files, software, and databases simplepaynow.com uses to operate simplepaynow.com Web Site, and any and all files simplepaynow.com makes available to YOU for use, viewing, browsing, or downloading, are protected by copyright pursuant to U.S. law, international conventions, and other copyright laws as individual works, and as a collective work and/or compilation, and simplepaynow.com claims and owns a copyright in the selection, coordination, arrangement and enhancement of such Content.
YOU agree not to modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided below), create derivative works from, distribute, perform, display, create collective works or compilations including, or in any way exploit, any of the Content, in whole or in part; provided that if simplepaynow.com applies no specific restrictions directly or indirectly in relation to a particular item of Content, YOU may make a reasonable and limited number of copies of such item, including copyrighted material, provided that:
YOU make and use the said copies solely for YOUR personal and non-commercial use;
YOU ensure that any notices contained in the Content such as all copyright, trademark, service mark, patent, and other proprietary rights notices are reproduced in an unmodified form in all such copies; and
YOU refrain from transferring such Content to any other person, entity, computer, computer network, or other device, without the prior express written consent of simplepaynow.com; and
YOU agree to comply with all the terms and conditions of simplepaynow.com's Copyright Notice and Policy, as amended or revised from time to time, and available online at: http://www.simplepaynow.com/privacy.
14. Intellectual Property Rights of Third Parties.
Other than those owned by simplepaynow.com, all logos on said website are the property of third parties. simplepaynow.com is only an authorized retailer of those third party’s Products.
Third persons not parties to this Agreement shall retain all intellectual property rights to Content they own. YOU agree not to infringe upon any such rights and agree to defend, hold harmless, and indemnify simplepaynow.com from any infringement YOU cause to the rights of any third party in any intellectual property rights that may result from YOUR use of simplepaynow.com Web Site or otherwise.
15. YOUR Duties Under this Agreement.
YOU agree to abide by and perform all the terms and conditions of this Agreement at all times.
YOU agree to abide by and to follow all applicable laws in using simplepaynow.com Web Site and, to the extent allowed by law, YOU agree to defend, hold harmless, and indemnify simplepaynow.com from any damages caused by YOUR violation of any applicable laws.
YOU acknowledge that access to or use of simplepaynow.com Web Site may not be legal in certain countries. If YOU access or use simplepaynow.com Web Site outside the United States of America, YOU do so at YOUR own risk and are responsible for compliance with the laws of the jurisdiction in which or from which YOU access or use simplepaynow.com Web Site.
YOU may not use simplepaynow.com Web site or any Products you purchase by way of simplepaynow.com Web Site for any unlawful and/or fraudulent purpose.
simplepaynow.com reserves the right to discontinue furnishing Products or to limit the use of simplepaynow.com Web Site necessitated by conditions beyond its control; or if YOU use simplepaynow.com Web site or any Products YOU purchase by way of simplepaynow.com Web Site in violation or attempted violation of the law.
16. Refraining from Certain Activities.
YOU further agree that YOU will not do or attempt to do any of the following activities in connection with YOUR use of simplepaynow.com Web Site or otherwise:
Violate the security of simplepaynow.com Web Site or any other computer network, or crack passwords or security encryption codes;
Transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity;
Impersonate any person living or dead, organization, business, or other entity, or use any name or communicate under any false name that YOU are not authorized to use;
Solicit other simplepaynow.com customers, retailers, or distributors to become customers of other companies or services directly competing with www.simplepaynow.com; or
Violate any of the rules, regulations and policies of those networks, computer systems, telecommunications carriers, or Internet service providers that YOU use to access simplepaynow.com Web Site.
17. No Multiple Accounts Without Prior Permission.
Unless YOU obtain prior written permission from www.simplepaynow.com, YOU shall not register for, apply for, or otherwise obtain multiple accounts or means of accessing simplepaynow.com Web Site. YOU agree that if YOU register for, apply for, or otherwise obtain multiple accounts or means of accessing simplepaynow.com Web Site without obtaining prior written permission from www.simplepaynow.com, simplepaynow.com may immediately terminate all of YOUR accounts without notice to YOU.
Once YOUR account with simplepaynow.com or YOUR access to simplepaynow.com Web Site has been terminated, for any reason, YOU shall pay in full any delinquent, past due, or unpaid accounts and shall resolve all issues in dispute with simplepaynow.com before YOU may register for, apply for, or otherwise obtain a new account to use simplepaynow.com Web Site.
18. Increasing Network Usage and Traffic.
YOU agree not cause or attempt to cause traffic levels to simplepaynow.com's Web Site and related servers and networks, or other networks to rise without reason or for any malicious purpose, by any means, including, but not limited to, transmitting large files to email, ftp, or other servers for malicious purposes, "mailbombing," transmissions intended to raise the cost of another network provider's access through excessive traffic levels, or repeatedly sending the same content to simplepaynow.com for the purpose of harassment and/or crashing the Web Site.
19. Spamming and Denial of Service Prohibited.
YOU agree that YOU shall not engage in any spamming of simplepaynow.com's whether through the Web Site’s contact function or otherwise. Furthermore, YOU agree that YOU will not engage in any conduct that will cause simplepaynow.com's Web Site to show a Denial of Service.
20. Attempting to Circumvent or Bypass System Security Measures.
YOU agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form.
YOU agree not to attempt to cause, or actually cause, any disruption of service on simplepaynow.com Web Site or any other network or any server housing simplepaynow.com Web Site, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.
YOU agree not to abuse or attempt to abuse the system and resources of simplepaynow.com Web Site in any manner.
YOU agree not to violate or attempt to violate the security of the authentication and accounting procedures of simplepaynow.com Web Site.
YOU agree not to attempt to or actually undermine, hinder, damage, or disrupt the hardware, software, or security of simplepaynow.com Web Site or any of its various components.
21. Liability and Disclaimer of Warranties.
simplepaynow.com's entire liability and your exclusive remedy with respect to use of simplepaynow.com Web Site and any components of simplepaynow.com Web Site, as well as simplepaynow.com's liability to you for breach of the General Terms of Service are limited solely to the amounts you have paid to simplepaynow.com Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, simplepaynow.com's liability is limited to the extent permitted by law.
In no event shall simplepaynow.com be held liable for costs or procurement of substitute goods or services, lost profits, lost data, business interruption, attorneys' fees or any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any kind of damages whatsoever, even if simplepaynow.com has been advised of the possibility of such damages, whether in an action under contract, negligence, tort or any other legal or equitable theory of recovery, arising out of or in connection with the use, inability to use or performance of the information, Products, and materials available from simplepaynow.com Web Site, or any part thereof, or your reliance on or use of information or Products provided on or through simplepaynow.com web site, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, any failure of performance, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of your account, whether for breach of contract, negligence or under any other cause of action. In the event simplepaynow.com is found liable under any circumstance under the terms of this agreement, simplepaynow.com's liability shall be limited to the liability as stated in this Terms of Service and Customer agreement.
UNDER NO CIRCUMSTANCES SHALL www.simplepaynow.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS OR THEIR RESPECTIVE AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE simplepaynow.com WEB SITE OR ANY OF THE COMPONENTS OF simplepaynow.com WEB SITE, OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION OR PRODUCTS PROVIDED ON OR THROUGH simplepaynow.com WEB SITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT simplepaynow.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, simplepaynow.com's LIABILITY SHALL BE LIMITED TO THE LIABILITY AS STATED IN THIS AGREEMENT.
Your use of simplepaynow.com Web site and any components of simplepaynow.com Web Site are at your sole risk, and you voluntarily assume that risk. simplepaynow.com Web Site and all of its components are provided on an "AS IS," "AS AVAILABLE" basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion and provided by the manufacturer or service provider or carrier.
simplepaynow.com's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF simplepaynow.com WEB SITE AND ANY COMPONENTS OF simplepaynow.com WEB SITE, AS WELL AS simplepaynow.com's LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT ARE LIMITED SOLELY TO THE AMOUNTS YOU HAVE PAID TO simplepaynow.com BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, simplepaynow.com's LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
simplepaynow.com hereby disclaims, whether express or implied, all WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE or any warranties arising from course of dealing or usage of trade.
The Products offered for purchase through simplepaynow.com Web Site are provided by third parties who are not affiliated with or under the direction or control of simplepaynow.com Nor does simplepaynow.com either expressly or impliedly claim to be an authorized dealer or representative of any of the individuals, companies, or organizations (collectively referred to as "vendors") who are offering or promoting Products through the site. simplepaynow.com neither represents nor warrants nor endorses the accuracy or reliability of any information or advertisements uploaded, displayed, or distributed through simplepaynow.com Web site. simplepaynow.com in no way either expressly or impliedly takes responsibility for the quality of any Products available for purchase through simplepaynow.com Web Site.
NO ADVICE OR INFORMATION GIVEN BY www.simplepaynow.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY OF ANY KIND. NEITHER simplepaynow.com NOR ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE PRODUCTS IS FREE OF VIRUSES, CANCELBOTS, WORMS, LOGIC BOMBS, TROJAN HORSES, OR OTHER HARMFUL CONTENTS OR COMPONENTS.
22. Specific Information Available on simplepaynow.com Website.
simplepaynow.com AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON simplepaynow.com WEB SITE AND ITS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
simplepaynow.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, COURSE OF DEALING OR A USAGE OF TRADE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON simplepaynow.com WEB SITE AND ITS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. simplepaynow.com AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
23. Links to Third Party Web Sites.
SOME OF THE LINKS ON simplepaynow.com WEB SITE WILL LET YOU LEAVE simplepaynow.com WEB SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF simplepaynow.com AND simplepaynow.com IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
simplepaynow.com IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY simplepaynow.com OF THE SITE TO WHICH simplepaynow.com WEB SITE LINKS, NOR SHALL ANY LINK CREATE ANY EXPRESS OR IMPLIED WARRANTY BINDING ON simplepaynow.com.
simplepaynow.com is not responsible for the contents of any Web site to which simplepaynow.com Web Site links, or any link contained in a linked site, or any changes or updates to such sites, is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by simplepaynow.com of the site to which simplepaynow.com Web Site links, nor shall any link create any express or implied warranty binding on www.simplepaynow.com.
24. Products Available from simplepaynow.com Web Site.
simplepaynow.com is pleased that YOU have decided to purchase Products offered by vendors and carriers on simplepaynow.com Web Site. To ensure that YOU are aware of YOUR rights related to purchasing Products offered by vendors and carriers on simplepaynow.com Web Site, simplepaynow.com has created the following disclaimers which are binding and material terms of this Agreement. YOUR ordering any Products on simplepaynow.com Web Site constitutes YOUR agreement to the following disclaimers.
YOUR PURCHASE OF ANY PRODUCTS THROUGH simplepaynow.com WEB SITE INDICATES YOUR ACCEPTANCE THE TERMS STATED HEREIN. PLEASE REMEMBER THAT ALL OF THE RULES STATED IN THIS AGREEMENT APPLY TO THE PURCHASE OF ANY PRODUCTS THROUGH simplepaynow.com WEB SITE.
THE PRODUCTS OFFERED FOR PURCHASE THROUGH simplepaynow.com WEB SITE ARE PROVIDED BY THIRD PARTIES WHO ARE NOT AFFILIATED WITH OR UNDER THE DIRECTION OR CONTROL OF simplepaynow.com NOR DOES simplepaynow.com EITHER EXPRESSLY OR IMPLIEDLY CLAIM TO BE AN AUTHORIZED DEALER OR REPRESENTATIVE OF ANY OF THE INDIVIDUALS, COMPANIES, OR ORGANIZATIONS (COLLECTIVELY REFERRED TO AS "VENDORS") WHO ARE OFFERING OR PROMOTING PRODUCTS THROUGH THE SITE. simplepaynow.com NEITHER REPRESENTS NOR WARRANTS NOR ENDORSES THE ACCURACY OR RELIABILITY OF ANY INFORMATION OR ADVERTISEMENTS UPLOADED, DISPLAYED, OR DISTRIBUTED THROUGH simplepaynow.com WEB SITE. simplepaynow.com IN NO WAY EITHER EXPRESSLY OR IMPLIEDLY TAKES RESPONSIBILITY FOR THE QUALITY OF ANY PRODUCTS AVAILABLE FOR PURCHASE THROUGH simplepaynow.com WEB SITE.
simplepaynow.com FURTHER DISCLAIMS ALL WARRANTIES ON THE PRODUCTS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
THE VENDORS SELLING THE PRODUCTS THROUGH simplepaynow.com WEB SITE ARE SOLELY RESPONSIBLE FOR THE REPRESENTATIONS REGARDING THE PRODUCTS ADVERTISED ON simplepaynow.com WEB SITE. IN NO EVENT SHALL www.simplepaynow.com, ITS PARENTS, ITS SUBSIDIARIES, ITS MEMBERS, ITS PARTNERS, ITS JOINT VENTURERS, ITS AFFILIATES, ITS SUPPLIERS, ITS LICENSORS, ITS CONTRACTORS, OR THEIR RESPECTIVE EMPLOYEES BE HELD LIABLE FOR COSTS OR PROCUREMENT OF SUBSTITUTE GOODS, PRODUCTS, PRODUCTS OR SERVICES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, EXPERT WITNESS FEES, COURT COSTS, ATTORNEYS' FEES OR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY KIND OF DAMAGES WHATSOEVER, EVEN IF simplepaynow.com OR ANY OF THE OTHER PERSONS OR ENTITIES IDENTIFIED IN THIS PARAGRAPH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL OR EQUITABLE THEORY OF RECOVERY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, PRODUCTS, AND MATERIALS AVAILABLE FROM simplepaynow.com WEB SITE.
By YOUR agreeing to this disclaimer, YOU are indicating that YOU will not for any reason take any legal action against www.simplepaynow.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its contractors, or their respective agents or employees with respect to any matter covered by the aforementioned disclaimers.
Disputes between YOU and any vendor mentioned in simplepaynow.com Web Site should be addressed to and taken up with the particular vendor, carrier and/or service provider and not with simplepaynow.com.
Furthermore, YOU agree that YOU will in no way use simplepaynow.com as a mediator or witness in any disputes between YOU and any vendor.
Further, you are also agreeing that if any portion of this disclaimer is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer will be stricken and the remaining portions shall be valid and binding.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
25. Indemnification of simplepaynow.com by CUSTOMER.
Upon request of www.simplepaynow.com, YOU agree to defend, indemnify, and hold harmless www.simplepaynow.com, its parents, its subsidiaries, its members, its partners, its joint ventures, its affiliates, its suppliers, its licensors, its licensees, its agents, its contractors, or their respective agents and employees, and all their respective successors and assigns from all liabilities, claims, losses, judgments, damages, and expenses, including, without limitation, attorney's fees and costs of litigation, arising from breach of this Agreement by use of, or in connection with, the transmission by or through YOUR account of any content or communications.
simplepaynow.com reserves the right, at its own expense and at its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by YOU hereunder, and in such event, YOU shall have no further obligation to provide indemnification for such matter.
YOU shall immediately notify simplepaynow.com in writing of any claim arising or potentially arising under this indemnity.
26. Termination of Agreement.
Either YOU or simplepaynow.com may terminate this Agreement at any time. YOUR sole right with respect to any dissatisfaction with any term of this Agreement, as revised or amended from time to time, or simplepaynow.com's performance of this Agreement is to terminate this Agreement by notifying simplepaynow.com in writing.
27. Alternative Dispute Resolution.
Except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo ante or prevent irreparable harm pending the selection and confirmation of a panel of arbitrators, any dispute arising under this Agreement shall be resolved through a the negotiation/mediation/ arbitration stated herein.
YOU and simplepaynow.com agree first to try to resolve the dispute informally between ourselves through good-faith negotiations. If it proves impossible to reach a mutually satisfactory solution to the dispute by negotiation, then YOU and simplepaynow.com agree to use mediation as described below.
A. Many problems can be resolved with prompt reporting to www.simplepaynow.com.
B. Upon receipt of a request from YOU, simplepaynow.com will review the transaction(s) and gather all YOUR information including information that it receives from the carrier.
C. simplepaynow.com will review the situation.
D. At its sole and unfetter discretion as provided herein, simplepaynow.com may provide a refund.
E. Disputes submitted to a financial institution before they are submitted to simplepaynow.com or “charge backs” may be more difficult for simplepaynow.com to resolve.
In the event of mediation, YOU and simplepaynow.com agree to try to resolve the dispute informally and in good faith with the help of a mutually agreed-upon mediator. The mediator shall have such qualifications and experience as YOU and simplepaynow.com shall agree upon.
If YOU and simplepaynow.com cannot agree upon the choice of a mediator, then YOU shall submit to simplepaynow.com the names of three qualified candidates acceptable to simplepaynow.com to mediate the dispute between us and simplepaynow.com shall select as mediator one of those three candidates whose names YOU have submitted to simplepaynow.com.
Alternatively, if YOU cannot submit to simplepaynow.com the names of three qualified candidates to serve as a mediator, then simplepaynow.com shall submit to YOU the names of three qualified candidates acceptable to simplepaynow.com to mediate the dispute between us and YOU shall select as mediator one of those three candidates whose names simplepaynow.com has submitted to YOU.
The mediation shall be conducted in good faith and on such terms and conditions as the mediator, YOU, and simplepaynow.com shall agree.
YOU and simplepaynow.com shall each pay the mediator one half of the fee for the mediator's services, regardless of the outcome of the mediation.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, YOU and simplepaynow.com agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Arbitration shall proceed solely on an individual basis without the right for any action and/or dispute to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to actions and/or disputes between you and us alone. Actions and/or disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to actions, issues, claims and/or disputes with anyone who is not a named party to the arbitration.
The arbitration may be conducted by one impartial arbitrator by mutual agreement or by three arbitrators if YOU and simplepaynow.com are unable to agree on a single arbitrator within 30 days of first demand for arbitration. All arbitrators are to be selected from a panel provided by the American Arbitration Association. The chair of the arbitration panel shall be an attorney at law, and the other arbitrators shall have a background or training either in computer or Internet law, computer software, or Internet telecommunications technology, the marketing of computer software products, or electronic commerce conducted via the Internet.
Upon request of either YOU or simplepaynow.com, the arbitrators shall have the authority to permit discovery to the extent they deem appropriate.
A court reporter shall record the arbitration hearing and the reporter's transcript shall be the official transcript of the proceeding.
The arbitrators shall have no power to add or detract from the agreements of YOU and simplepaynow.com and may not make any ruling or award that does not conform to the terms and conditions of this Agreement.
The arbitrators shall have the authority to grant injunctive relief in a form substantially similar to that, which would otherwise be granted by a court of law or equity.
The arbitrators shall have no authority to award punitive damages or any other damages not measured by the prevailing party's actual damages.
Any damages awarded shall conform to the terms and conditions of this Agreement.
The arbitrators shall specify in writing the basis for any damage award and the types of damages awarded.
The decision of the arbitrators shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either YOU or simplepaynow.com.
The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrators shall, for good cause, determine otherwise.
28. Consent to Jurisdiction; Venue.
Venue for mediation, arbitration, or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in Delaware County, Delaware.
29. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of New York. This Agreement shall be governed by the laws of the United States of America and the laws of the State of New York, without regard to New York’s choice of law and conflicts of law rules, and simplepaynow.com.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT ("UCITA") OR ANY SUCCESSOR MODEL ACT THAT IS SUBSTANTIALLY SIMILAR TO THE APPROVED DRAFT OF UCITA APPROVED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS (NCCUSL) ON OR ABOUT AUGUST 4, 1999, OR ANY STATE LAW THAT IS SUBSTANTIALLY SIMILAR TO THE AFOREMENTIONED MODEL UCITA OR SUCCESSOR LAWS, SHALL APPLY TO ANY TRANSACTION OR ANY PART OF ANY TRANSACTION ARISING UNDER THIS AGREEMENT, REGARDLESS OF ANY STATE IN WHICH UCITA MAY HAVE BEEN ENACTED AT THE TIME SUCH TRANSACTION OR ANY PART OF SUCH TRANSACTION PURSUANT TO THIS AGREEMENT SHALL HAVE OCCURRED.
30. Force Majeure.
simplepaynow.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of Products resulting directly or indirectly from acts of God, civil or military authority, acts of a public enemy, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications service or connection to any telecommunications service, or any cause beyond the reasonable control of simplepaynow.com.
31. Non-transferability of Right to Use Products.
The rights to use simplepaynow.com Web Site and YOUR account are not transferable. Accounts and access to simplepaynow.com Web Site are for YOUR sole use. YOU shall be responsible for the confidentiality of YOUR password. Loaning YOUR account, user name, or password to other persons is expressly prohibited.
Violation of these terms shall constitute theft of simplepaynow.com's Products and property and may be prosecuted under civil and criminal law.
32. Notices Pursuant to this Agreement.
YOU agree to notify simplepaynow.com if YOU move or otherwise change YOUR postal or email address or phone number, and to list a truthful name, postal address, e- mail address, and telephone number on all forms YOU supply to simplepaynow.com.
YOU may notify simplepaynow.com by regular first class mail at its then current postal address or by email at email@example.com.
simplepaynow.com will notify YOU by email at the most current email address YOU have provided to simplepaynow.com of any notices simplepaynow.com is required to provide to YOU under this Agreement. YOU are solely responsible for ensuring that simplepaynow.com has YOUR most current email address, and simplepaynow.com shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable email simplepaynow.com sends to the most current email address YOU have provided to simplepaynow.com.
33. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.
34. No Waiver of Provisions of this Agreement.
simplepaynow.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between YOU and simplepaynow.com nor any trade practice shall act to modify any provision of this Agreement.
35. Limitation of Actions Arising Under this Agreement.
All disputes arising under this Agreement shall be resolved subject to the Alternative Dispute Resolution provisions of this Agreement. Any cause of action or dispute YOU may have with respect to simplepaynow.com's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. For purposes of the Alternative Dispute Resolution provisions of this Agreement, the commencement to which this paragraph refers is the date on which YOU notify simplepaynow.com in writing of a dispute.
36. Attorney's Fees and Costs in Litigation.
In any action and/or arbitration between simplepaynow.com and YOU to enforce any of the terms of this Agreement, simplepaynow.com shall be entitled to recover expenses from YOU, including, but not limited to, court costs, expert witness fees and/or reasonable attorney's fees.
If any portion of this disclaimer and limitation of liability is found by a court of competent jurisdiction to be unconscionable, inapplicable or void, only that portion of this disclaimer and limitation of liability will be stricken and the remaining portions shall be valid and binding.
38. Entire Agreement.
This Terms of Service and Customer Agreement comprises the entire agreement between YOU and simplepaynow.com, and supersedes any prior or previous agreements between YOU and simplepaynow.com, with respect to the subject matter of this agreement; provided, however, that YOU shall be subject to any additional terms and conditions of which simplepaynow.com notifies you from time to time and that may apply when YOU are using any content, software or Products of any kind or nature, of any third party, including, but not limited to carriers.
39. No Oral Modification of this Agreement.
This Agreement may not be modified orally. This Agreement may be modified only by a written instrument signed by YOU and a duly authorized Officer or Manager of simplepaynow.com If email is used for the writing, the signatures shall be electronic digital signatures that are publicly registered with a duly authorized certification authority in the jurisdiction in which simplepaynow.com operates its business.
40. Revisions to this Agreement.
YOU may not revise any of the terms of this Agreement without express prior authorization and written agreement signed by a duly authorized Officer or Manager of simplepaynow.com.
simplepaynow.com serves a variety of customers, retailers, and distributors, and cannot negotiate separate contracts with each of its customers. simplepaynow.com is able to offer competitive pricing and billing by using standard Terms of Service contracts for all of its customers.
simplepaynow.com reserves the right to, and may, revise this Agreement at any time, and such revisions shall become effective thirty (30) days after simplepaynow.com posts the revised Agreement for public viewing. The revisions to the Agreement shall include notice of the date of posting the most recent revision to the Agreement.
YOU agree to read the revisions to this Agreement periodically and preferably, at least once every thirty- (30) days to become aware of such revisions to this Agreement.
YOUR continued use of simplepaynow.com Web site more than thirty (30) days after simplepaynow.com posts revisions to this Agreement, as described above, shall be conclusively deemed YOUR assent to the additional terms and conditions made part of this Agreement by such revisions.
If any such revised or additional terms and conditions are unacceptable to YOU, or if YOU do not agree to and do not wish to be legally bound by such revised or additional terms and conditions, you may terminate this Agreement as provided herein.