1. Welcome to PayByCar<\/strong><\/p>\n THESE TERMS OF USE (AND THE PRIVACY POLICY, AS NOTED BELOW) CREATE A LEGAL AGREEMENT (THESE “TERMS”) BETWEEN PAYBYCAR, INC. (“PAYBYCAR” OR “WE” OR “US” OR “OUR”) AND THE USER OF THE SERVICES ENTERING INTO THESE TERMS (“YOU” OR “YOUR”) AND IN ADDITION, WHEN THE USER OF THE SERVICES IS A MINOR REGISTERED BY A PARENT AND\/OR GUARDIAN, THE TERM “YOU” ALSO INCLUDES SUCH PARENT AND\/OR GUARDIAN. YOU SHOULD CAREFULLY READ THESE TERMS, AND THE PAYBYCAR PRIVACY POLICY<\/a> (the “Privacy Policy”), WHICH IS INCORPORATED INTO AND GOVERNED BY THESE TERMS. THESE TERMS GOVERN YOUR USE (AND THAT OF ANY PERSON YOU REGISTER) OF THE WEBSITE mypaybycar.com<\/a> AND ANY SUBDOMAINS THEREOF (the “Site”) AND THE SERVICES, FEATURES, AND INFORMATION AVAILABLE ON THE SITE AND\/OR ANY MOBILE APPLICATIONS WE MAY OFFER (TOGETHER WITH THE SITE, ALONG WITH ASSOCIATED AND SUCCESSOR WEBSITES, APPLICATIONS, FEATURES, INFORMATION, AND SERVICES, OR ANY PART THEREOF, THE “SERVICES”). BY USING OR ACCESSING THE SERVICES, OR BY REGISTERING ANOTHER PERSON TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR YOU ARE BELOW THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU ARE LOCATED, YOU ARE NOT PERMITTED TO USE THE SERVICE OR TO REGISTER ANOTHER PERSON TO USE THE SERVICES. PAYBYCAR IS NOT LIABLE FOR THE USE OF THESE SERVICES BY, OR FOR ANY CONTENT OR ADVERTISEMENTS VIEWED BY, MINOR CHILDREN IN VIOLATION OF THESE TERMS.<\/p>\n THESE TERMS CONTAIN LIMITATIONS OF PAYBYCAR’S LIABILITY.<\/strong>\u200b<\/p>\n THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES, WHICH ARE APPLICABLE TO ALL USERS.<\/strong><\/p>\n 2. Using the Services<\/strong><\/p>\n a. Authority. You agree that you are permitted to use the Services under applicable law. If you are using the Services on behalf of a company, business or other entity, you represent that you have the legal authority to accept these Terms on behalf of that entity, in which case that entity accepts these Terms, and “you” means that entity. If you are accessing an account(s) on behalf of the account owner (e.g., as an administrator, consultant, analyst, etc.), the Terms apply to your activities on behalf of the account owner.<\/p>\n b. Indemnity. If you are using the Services on behalf of a company, business or other entity, or if you are using the Services for commercial purposes, you and the entity will hold harmless and indemnify the PayByCar Entities (defined in Section 8 below) from any suit, claim or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims (including claims for negligence), losses, damages, suits, judgments, litigation costs and attorneys’ fees.<\/p>\n c. Member Conduct. You agree not to use the Services to:<\/p>\ni. obtain or attempt to obtain unauthorized access to the Services or to PayByCar’s servers, systems, network, or data; d. Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.<\/p>\n e. Export Control. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Services you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.<\/p>\n f. Ownership and Reuse. Using the Services does not give you ownership of any intellectual or other property rights or interests in the Services or the content you access. You must not use any branding or logos used in the Services unless PayByCar has given you separate explicit written permission. You may not remove, obscure, or alter any legal notices displayed in or along with the Services. Unless you have explicit written permission, you must not reproduce, modify, rent, lease, sell, trade, distribute, transmit, broadcast, publicly perform, create derivative works based on, or exploit for any commercial purposes, any portion or use of, or access to, the Services (including content, advertisements, APIs, and software). You hereby grant to PayByCar a limited, non-exclusive, worldwide, perpetual, irrevocable, royal-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to PayByCar in connection with your use of the Service (collectively, “Submissions”) in any manner PayByCar may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this Section 2.f. will survive any termination of your account(s), the Services, or these Terms.<\/p>\n g. Access to the Services. Subject to your continuing compliance with these Terms, PayByCar grants you a personal, royalty-free, non-transferable, non-assignable, revocable, and non-exclusive license to use the the Services for your personal, non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PayByCar, in the manner permitted by these Terms and any additional terms or guidelines. You may not reverse engineer or attempt to extract the source code of our software, unless applicable laws prohibit those restrictions or you have our explicit written permission. PayByCar software may automatically download and install security or other updates without prior notification to you.<\/p>\n h. Support. Unless otherwise expressly stated, PayByCar does not promise to provide you with any support for the Services. If PayByCar does provide you with support, it is at PayByCar’s sole discretion and does not mean that we will continue to provide you with support in the future.<\/p>\n i. Fees. PayByCar reserves the right to charge fees for use of or access to the Services (and any associated support), whether currently in existence or not, in PayByCar’s sole discretion. If PayByCar decides to charge fees, PayByCar’s payment terms will apply and PayByCar will provide you with prior notice.<\/p>\n j. Third Party Sites and Products. We may include links to third-party sites or services, or information about third-party products or services, which are typically subject to service terms and policies that differ from ours. Therefore, you should review the terms of use and privacy policies of all sites and services linked to from or referred to by our Service. We do not endorse or take responsibility for these third party offerings, nor do we vet or take responsibility for third-party sites, services or products or for the postings or communications of other users.<\/p>\n k. Anti-Abuse Policy. PayByCar prohibits sending unsolicited emails or messages using the Services. You may not in connection with the Services engage in commercial activity on non-commercial properties or apps or high volume activity without PayByCar’s prior written consent. You may not engage in conduct or activity that is disruptive to the Services or the experience of other users.<\/p>\n l. Sweepstakes and other Promotions. In addition to these Terms, sweepstakes, contests or other promotions (collectively, “Promotions”) made available through the Services may have specific rules that are different from these terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms.\u200b<\/p>\n 3. Your Account; Notices<\/strong><\/p>\n a. Account Information. You may need an account to use some Services. You must ensure that your account information (that is, the information you provided when you registered for or subscribed to a Service) remains current, complete, accurate and truthful. All PayByCar accounts are non-transferable, and any rights to them terminate upon the account holder’s death.<\/p>\n b. Access to Your Account. You are responsible for all activity that happens on or through your account. To protect your account, keep your password confidential. Do not reuse your account password with other services. Without prejudice to your statutory rights, if you forget your password and otherwise cannot validate your account to PayByCar, you acknowledge and agree that your account may be inaccessible to you and that all data associated with the account may not be retrievable.<\/p>\n c. Notices. PayByCar may provide you with notices, including service announcements and notices regarding changes to these Terms, by, but not limited to, email, regular mail, text message or SMS, MMS, push notification or in-app message, postings on the Services, telephone, or other reasonable means now known or hereafter developed. You consent to receive these notices by any and all of the foregoing means. You may not receive notices if you violate the Terms by accessing the Services in an unauthorized manner, and you will be deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.<\/p>\n 4. Privacy and Data Protection; Text Messaging<\/strong><\/p>\nPayByCar’s Privacy Policy<\/a> explains how we treat your personal data. By using the Services, you agree to our privacy policies and that PayByCar can use your information in accordance with our privacy policies. 5. Procedure for Copyright or Other Intellectual Property Infringement Claims<\/strong><\/p>\nIf you believe your rights have been violated by, or you otherwise object to, any posting, content or information on the Services, please contact us promptly so we can evaluate the claim and take appropriate action. If your complaint includes a claim of copyright infringement, the following policy will apply: 6. Content in the Services and License Grant to PayByCar<\/strong><\/p>\n a. Content. Our Services display some content that is not PayByCar’s. This content is the sole responsibility of the entity or person that makes it available. PayByCar assumes no responsibility for the conduct of third parties, including persons or entities with which you communicate using the Services.<\/p>\n b. IP Ownership and License Grant. Except as otherwise provided in the specific PayByCar product terms or guidelines for a Service, when you upload, share with or submit content to the Services you retain ownership of any intellectual property rights that you hold in that content and you grant PayByCar a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future; and (b) permit other users to access, reproduce, distribute, publicly display, prepare derivative works of, and publicly perform your content via the Services, as may be permitted by the functionality of those Services.<\/p>\n 7. Modifying and Terminating the Services; Terminating Accounts<\/strong><\/p>\n a. We are constantly innovating, changing and improving the Services. We may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service.<\/p>\n b. We may temporarily or permanently suspend or terminate your account or impose limits on or restrict your access to parts or all of the Services at any time, without notice and for any reason, including, but not limited to, violation of these Terms, court order, or inactivity.<\/p>\n c. Subject to any statutory rights you might have, if your account is terminated, access to your PIN, and all related information, files, and content associated with your account may be terminated. If the Service is a paid service, please consult PayByCar’s payment terms which can be found at mypaybycar.com<\/a><\/p>\n 8. Our Warranties and Disclaimers<\/strong><\/p>\n a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PAYBYCAR, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS (COLLECTIVELY “PAYBYCAR ENTITIES”) DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” YOUR USE OF THE SERVICES, INCLUDING CONTENT WITHIN THE SERVICES, IS AT YOUR OWN RISK AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND PAYBYCAR EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT. WE MAKE NO COMMITMENTS, PROMISES OR WARRANTIES ABOUT THE CONTENT WITHIN THE SERVICES OR CONTENT LINKED FROM THE SERVICES, THE SUPPORT WE PROVIDE FOR THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THE SECURITY OF THE SERVICES, OR THE SERVICES’ RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS, PROVIDE CERTAIN OUTPUTS OR ACHIEVE CERTAIN RESULTS.<\/p>\n b. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES.<\/p>\n 9. Limitation of Liability and Release<\/strong><\/p>\n TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT PAYBYCAR ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES. PAYBYCAR ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON OR THROUGH THE SERVICES; OR ANY GOOD OR SERVICES SOLD BY SUCH ADVERTISERS. PAYBYCAR ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT PAYBYCAR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.<\/p>\nTO THE FULLEST EXTENT PERMITTED BY LAW, PAYBYCAR ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR SERVICES FOR ANY AMOUNT GREATER THAN $250.
\nii. make available any content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
\niii. violate any applicable laws or regulations;
\niv. impersonate any person or entity; or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Service;
\nv. make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
\nvi. post content containing advertisements or other commercial solicitations without our prior written permission;
\nvii. make available viruses or any other computer code, files, programs or content designed to interrupt, destroy or limit the functionality of the Services or affect other users; or
\nviii. interfere with or disrupt the Services or servers, systems or networks connected to the Services in any way.\n
\nIn order to deliver our Services to you, we will require your mobile phone number in order to send automated messages to you. You can cancel the SMS service at any time. Just text “STOP” to 617-249-7524. After you text us, we will send you a text message to confirm that you have been unsubscribed from the PayByCar program. After this, you will no longer receive text messages regarding the PayByCar Services.
\nIf you experience issues with our Services, just text “HELP” to 617-249-7524. You may also contact our customer care center online www.mypaybycar.com\/faq<\/a> or by texting us at 781-350-9362 for assistance.
\nCarriers are not liable for delayed or undelivered messages.
\nAs always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.\n
\nIt is PayByCar’s policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the content or materials appearing on this Service contain infringements, please send a notice to our designated agent at the address stated below. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. PayByCar will also terminate a user’s account if a user is deemed to be a repeat infringer, namely, one who has been notified of bona fide infringing activity more than twice. Our designated agent, to whom you should direct your infringement claim (or other complaints), is:
\nPayByCar, Inc.
\nAttention: President
\n550 Route 299
\nSuite 100B
\nHighland, NY 12528
\nTEXT us at Telephone Number: 781-350 9362
\nE-mail: support@mypaybycar.com<\/a>\n
\nYou forever release, discharge, and covenant not to sue the PayByCar Entities from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the PayByCar Entities or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the PayByCar Entities if anything happens to you or your property from using the Services or interacting with any party through the Services. You agree that the provisions in this Section 9 will survive any termination of your account(s), the Services, or these Terms.\n