This document is an agreement between you and MassPay that describes the terms of service (“TOS”) subject to which you may access and use the content provided on the Site. This content and related services, opportunities, events and tools offered by MassPay and third parties on the Site (collectively “Services”) may be subject to additional terms and conditions described on the Site or in additional terms and conditions provided with the Services. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING OR USING THE SERVICES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS OF SERVICE AND ANY ADDITIONAL TERMS THAT MAY APPLY.
Please note that MassPay reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Service, the Site or Services (or any part thereof) with or without notice. MassPay shall not be liable to you or to any third party for any such modification, suspension or discontinuation. Your continued use of the Site or Services following the posting of changes to these TOS will mean you accept those changes. MassPay reserves the right, in its sole discretion, to determine if you have violated these TOS, and to take any action it deems appropriate. You acknowledge that MassPay shall have the right to terminate your access to the Site or Services for violations of any of these terms.
Personal, Non-Commercial Use: The Site is made available for your non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or Services accessed on or obtained from the Site. COPYING OR REPRODUCTION OF CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
MassPay Intellectual Property Rights: All Services and content on the Site, including, but not limited to, trademarks and logos, designs, text, graphics, sounds, images, video, and other website materials (the “Materials”) are the intellectual property of MassPay, its affiliates, its licensors, or other vendors. The Materials are protected by United States and foreign intellectual property laws. None of the Materials may be copied, reproduced, or distributed in any form without the prior written permission of MassPay.
MassPay, the MassPay logo, and other marks related to the Services (“MassPay Marks”) are the exclusive and valuable property of MassPay or its affiliated companies. The MassPay Marks can only be reproduced or displayed with specific written permission from MassPay, and only in accordance with the policies and guidelines associated therewith. All third party trademarks are the property of their respective owners.
Third-Party Content, Links and Services: The Site displays content or tools provided by third parties and links to third-party web sites. In consideration for the convenience of MassPay making such third-party content and tools available or accessible to you, you acknowledge that MassPay is not responsible for any such third-party content or tools. You also agree that MassPay is not responsible or liable for any losses or damages you experience with any third-party content or tools you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you. MassPay may from time to time engage certain affiliates or other third parties to provide all or part of the Services to you, and you hereby acknowledge and agree that such third party involvement is acceptable.
Compliance with Laws: By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which govern or apply to the use of the Site and any Services. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained in the Site to countries or persons prohibited under the export control laws of the United States. MassPay makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
Legal Disclaimers: The Site and the information provided therein are for the convenience of users of the Site and for customers and potential customers of MassPay and its Services. The information provided on the Site and the Services described on the Site are subject to change without notice. MASSPAY DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION OR MATERIAL DISPLAYED OR DOWNLOADED FROM THE SITE. THE SITE, AND INFORMATION PROVIDED THEREIN, AND THE SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MASSPAY DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE OR SERVICES. MASSPAY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, MASSPAY IS NOT RESPONSIBLE FOR SUCH COSTS.
THE INFORMATION ON THE SITE OR OTHERWISE PROVIDED BY MASSPAY IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MASSPAY NOR ITS LICENSORS OR SERVICES PROVIDERS ARE ENGAGED IN RENDERING LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MASSPAY ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE FOR ANY SITUATION OR PROBLEM WHICH YOU OR YOUR BUSINESS MAY HAVE.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES IS MASSPAY, ITS OFFICERS, MANAGERS, MEMBERS, AFFILIATES, OR LICENSORS LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER OR NOT FORSEEN, LOST PROFITS, DAMAGE TO REAL OR PERSONAL PROPERTY, PHYSICAL HARM INCLUDING LOSS OF LIFE OR DAMAGES RESULTING FROM LOST DATA) ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE INFORMATION AND SERVICES AVAILABLE ON THE SITE. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT, THE USE OF THE SITE, OR THE SUBJECT MATTER HEREOF, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY EVEN IF MASSPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The above limitation applies to your use, misuse, or reliance upon the Site, including, without limitation, damages you may incur because of third-party Services, goods or events advertised on, or linked to the Site.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Indemnity: You agree to defend, indemnify, and hold harmless MassPay and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to: (i) your use of the Site or Services, (ii) any violation of these Terms of Service or applicable law by you in connection with your use of the Site or Services, (iii) any actual or alleged infringement by you, or any person accessing the Site or Services using your password or account identifier, of any intellectual property or privacy or other right of any third party, or (iv) any unauthorized use of the password protected materials utilizing your account information, whether or not known or authorized by you.
Governing Law: These TOS and all claims related to them, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of the laws’ provisions. You agree and irrevocably submit to the exclusive personal jurisdiction and venue in the state or federal courts located in Boston, Massachusetts, with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.
Entire Agreement, Assignment: These TOS constitute the entire agreement between you and MassPay, Inc with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. These TOS do not, however, supersede or replace any agreement for services between you and MassPay. You may not assign or delegate any rights or obligations hereunder. MassPay may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.
These Terms of Service were last amended on 1/25/2016