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PayMaxx, Inc. ("PayMaxx") agrees to provide certain services (the "Services") to you pursuant to the following terms and conditions. As a condition to receiving the Services, you agree to be bound by these Terms and Conditions. - Terms of Service
The Services include, but are not limited to, sending you emails and messages from PayMaxx with information and advertisements to your computer. The Services are currently provided to you free of charge. PayMaxx reserves the right to modify or discontinue the Services, or any features of the Services, temporarily or permanently, without prior notice to you, and you agree that PayMaxx will not be liable to you for any reason as a result of such changes.
- Disclaimers
- The information PayMaxx provides may include inaccuracies or typographical errors. PayMaxx makes no representations about the suitability of the information provided to you for any purpose. All such information is provided "as is" without warranty of any kind. PayMaxx hereby disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.
- PayMaxx does not make any warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected; nor does PayMaxx make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services.
- You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or wireless device, or loss of data, that results from the download or receipt of such material and/or data.
- You should not rely on any financial or legal or tax information provided by PayMaxx or its marketing partners as a substitute for advice from qualified tax, legal and financial advisors.
- No advice or information, whether oral or written, obtained by you through the Services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
- Disclosure of Information
- PayMaxx will use commercially reasonable efforts to keep personally identifiable information about you or your private communications confidential. PayMaxx may disclose such information if PayMaxx believes such disclosure is reasonably necessary;
- to comply with the law or legal process;
- to protect or defend the rights or property of PayMaxx or others;
- to enforce these Terms and Conditions or the Privacy Policy;
- to respond to claims that the contents of any communications violate the rights of others; or
- as otherwise provided herein.
- PayMaxx will not sell or rent specific information about users of the Services.
- Limitations on Liability
- Except as otherwise required by law, under no circumstances, including, without limitation, negligence, shall PayMaxx or its subsidiaries, affiliates, officers, directors, employees, or stockholders be liable to you for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the Services, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received or not sent or received, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if PayMaxx has been advised of the possibility of such damages.
- You agree that PayMaxx is not liable for any failure to deliver, hold, or store email or messages transmitted through the Services. If you are dissatisfied with the Services, your exclusive remedy is to discontinue use of the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above may not apply to you.
- Indemnification
As a condition of use of the Services, you agree to indemnify PayMaxx and its subsidiaries, affiliates, officers, directors, employees, agents, stockholders and marketing partners from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of or relating to your use of the Services, including without limitation any claims alleging facts, that if true, would constitute a breach by you of these Terms and Conditions. PayMaxx may, at its sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by PayMaxx will not, however, excuse you from any of your obligations hereunder. - Termination
You agree that PayMaxx may, in its sole discretion, can change, terminate or bar access to the Services for any reason, with or without notice to you and without any liability to you or any third party. The following provisions of these Terms and Conditions survive its termination: Disclaimers, Disclosure of Information, Limitations on Liability and Indemnification. Termination will prevent you from using the Services and cease your subscription for any emails or messages hereunder. - General
- PayMaxx reserves the right to change these Terms and Conditions at any time. You are responsible for reviewing these Terms and Conditions on a regular basis. Continued use of the Services following any such changes shall constitute your acceptance of such changes. You may terminate your subscription for the Services at any time by sending an email, with your email address, to unsubscribe@PayMaxx.com.
- PayMaxx reserves the right to deny access to the Services to anyone at anytime.
- These Terms and Conditions shall be deemed to have been made in the State of Tennessee, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the State of Tennessee, U.S.A., without regard to conflicts of law principles. You consent to the exclusive jurisdictions of the state and federal courts for the County of Davidson, Tennessee, U.S.A., for the determination of any claim or controversy arising out of or relating to these Terms and Conditions. You hereby consent to the jurisdiction of the Tennessee courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
- You acknowledge that no joint venture, partnership, employment, or agency relationship exists with PayMaxx as a result of these Terms and Conditions or use of the Services. You agree not to hold yourself out as a representative, agent or employee of PayMaxx.
- If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and limitations on liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
- These Terms and Conditions constitute the entire agreement between you and PayMaxx with respect to the Services, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PayMaxx with respect to the Services. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved.
- All impressions and contents of the PayMaxx's Payroll Reminder Web site are: ©2001 PayMaxx, Inc. and/or its suppliers. All rights reserved. PayMaxx® is a trademark of PayMaxx, Inc. or its predecessors in interest. Other product and company names mentioned herein or in emails sent by PayMaxx may be the trademarks of their respective owners.
Please email info@paymaxx.com with your thoughts, questions and suggestions. Contact info@paymaxx.com with questions or problems with the Services.
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