Payformance | Terms and Conditions

Payformance Website
Terms and Conditions

Your access to and use of the Site is subject to the following terms and conditions and all applicable laws:

1. All information on the Site, unless otherwise designated, is copyrighted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Payformance Corporation (“Payformance”). Payformance neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Payformance.

2. While Payformance makes every reasonable attempt to include accurate and up-to-date information in the Site, Payformance makes no warranties or representations as to its accuracy. Payformance assumes no liability or responsibility for any errors or omissions in the content of the Site.

3. Unless specifically covered otherwise under the terms and conditions of a Payformance Service Agreement that utilizes the Site for production file delivery and customer service information, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. There shall be no obligation on the part of Payformance with respect to use or disclosure of any information in such communication. Payformance shall have the unrestricted right to copy, use and distribute any information you communicate including but not limited to any ideas, concepts, know-how, techniques, software, documentation, diagrams, schematics or blueprints. Additionally, Payformance may use all such information in any manner or for any purpose including but not limited to developing and manufacturing products or providing services.

4. Your use and browsing of the Site are at your risk. Neither Payformance, nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Payformance also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

5. Certain portions of the Site may provide test versions of various software products and related documentation. These items are provided for testing purposes only. These items may contain errors that could result in loss or corruption of your data, and improper or abnormal function of the computer system upon which these items are installed or tested. If you elect to download and test any of these items, you are urged to take whatever precautions are necessary to protect the integrity of your system and any data files you may have stored thereon.

6. The trademarks, service marks, and logos (collectively the “Trademarks”) displayed on the Site are registered and common law Trademarks of Payformance and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Payformance or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited.

7. Authorization is hereby provided to you to copy documents published by Payformance on the Site provided such copies are used for non-commercial purposes and solely for use within your organization. This authorization is specifically conditioned upon including all legends, copyright, proprietary and other notices which appear herein on all copies you make of such documents whether they pertain to Payformance or another party.

8. Payformance has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any pages of the Site, off-site pages or other sites is at your own risk and without the permission of Payformance.

9. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. Payformance does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

10. Payformance may at any time revise these Terms and Conditions by updating this page. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.