2. USE OF THE SITE
a. The Site allows users to generate accurate pay stubs for themselves or their employees. You agree to use the Site only as intended.
b. YOU MAY NOT USE THE SITE TO GENERATE FALSE, FRAUDULENT, OR OTHERWISE ILLEGAL PAYSTUBS OR OTHER DOCUMENTS. YOU AGREE TO BE SOLELY RESPONSIBLE FOR ANY PAY STUBS OR OTHER DOCUMENTS GENERATED BY OR THROUGH THE SITE (THE “DOCUMENTS”). YOU AGREE NOT TO USE THE DOCUMENTS IN ANY WAY WHICH MAY BE CONSIDERED ILLEGAL, MISREPRESENTING, FRAUDULENT, DECEPTIVE, OR MISLEADING.
c. We may modify, add to, suspend, or delete any aspect or service offered by the Site, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use. In addition, we may ban or prevent any person from using the Site.
d. By using the Site, you agree that you are at least 18 years of age, have the capacity to enter into these Terms, and that the Site and its services are not illegal or prohibited in your jurisdiction.
e. You agree that you will:
- i. Only submit truthful, accurate, and complete User Content (as defined below) to the Site;
- ii. Only submit User Content for which you have the right to control and submit;
- iii. Not use the Site to deceive, harm, or harass any other person;
- iv. Not use the Site for any purpose which may be considered illegal, deceptive, or fraudulent;
- v. Not generate Documents without the property authority to do so;
- vi. Not crawl, index, hack, reverse engineer, or decompile the Site or any portion thereof; and
- vii. Not interfere with the Site’s networks, security, or accessibility.
f. We reserve the right at any time to or discontinue the Site and/or the any of the Documents or other services we offer, without notice and at any time.
g. The Company and the Site do not provide tax or accounting advice. Rather, they provide calculation tools. You acknowledge and agree that (i) we assume no liability for payroll calculations made using the Site and that(ii) the Site is not a substitute for the personal guidance of a certified tax professional. You agree to rely on the Documents and the calculations contained therein solely at your own risk.
h. We may, in our sole discretion, limit or cancel quantities purchased per person, per entity, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
i. Pricing and availability of Documents are subject to change without notice at any time.
j. Any offer for the Documents or any other a product designed, sold and/or distributed through the Site is void where prohibited.
3. USER CONTENT
a. The Site generates Documents based on user input and information (“User Content”). You agree to only provide accurate and complete User Content and not to provide any User Content which may be utilized to create Documents which are untrue or misleading in any way.
b. You understand and acknowledge that User Content and other information transmitted to the Site may not be encrypted or secure. You agree to submit this information solely at your own risk.
c. You grant the Company an irrevocable, worldwide, non-exclusive, royalty free right to user your User Content to provide the services of the Site.
d. We strive to have the most accurate and up to date information as possible. However we may not always have the correct information.
a. You agree to provide current, complete and accurate purchase and account information for all purchases made using our payment processing portal PayPal. You agree to promptly update your information, including your email address and credit card numbers and expiration dates with PayPal or any other third party payment processor utilized by the Company, so that your transactions can be promptly handled.
b. You agree that we may, through our third party payment processors, charge your credit card or other payment method for the amount of any Documents purchased on the Site.
c. Purchases may not be cancelled and refunds shall not be given for any cause whatsoever. All sales are final.
a. Documents may be delivered electronically or via mail. Documents delivered electronically shall be delivered in .PDF format via email. You are solely responsible for obtaining the hardware and software necessary to view and download the Documents delivered electronically. In addition, we are not responsible for any Documents not delivered to, or blocked by, your email address.
b. If you purchased Documents to be delivered via mail, please allow reasonable time for processing and mailing. The Documents will be mailed to the address provided during checkout.
6. INTELLECTUAL PROPERTY
a. All material displayed or transmitted on the Site, including but not limited to the name “PayStubsNow.com”, text, photographs, images, illustrations, video clips, audio clips, and graphics (collectively, “Materials”) are owned by us and are protected by U.S. and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
b. Except as provided, you may not copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on this Site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
c. You acquire no rights or license whatsoever in the Materials other than the limited rights to use the site in accordance with these Terms for the Documents. We reserve any rights not expressly granted under these Terms.
7. USE OF THIRD-PARTY TOOLS.
a. The Site may provide you with third-party tools for certain features. We do not monitor or control these tools. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
b. Any use by you of optional tools offered through the Site (whether now or in the future) is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
a. OU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, EMPLOYEES, OFFICERS, AGENTS, AND VENDORS (COLLECTIVELY, “AFFILIATES”) FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES,LAWSUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO THE PROHIBITED USE OF THE WEB SITE. THE COMPANY SHALL BE ENTITLED TO CONTROL ANY LITIGATION SUBJECT TO THIS INDEMNIFICATION.
9. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY.
a. THE SITE, THE DOCUMENTS, AND ALL PAYROLL CALCULATIONS ARE PROVIDED ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, WE DO NOT WARRANT OR REPRESENT THAT THE DOCUMENTS OR THE SITE MAY MEET YOUR NEEDS OR WILL BE PROVIDED ERROR FREE.
b. DOCUMENTS PROVIDED THROUGH THE SITE AND THE COMPANY ARE PROVIDED SOLELY AT YOUR OWN RISK. YOU AGREE TO BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY CAUSED BY YOUR USE OF THE SITE OR THE DOCUMENTS.
c. UNDER NO CIRCUMSTANCE SHALL THE COMPANYOR ITS AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR ANY MATERIALS CARRIED ON THIS WEB SITE.
d. WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEB SITE.
e. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
10. ADDITIONAL TERMS
a. These Terms shall be governed and construed in accordance with the laws of the state of Texas and the United States. Any dispute arising hereunder, or related to the terms hereof, shall be brought exclusively in the state or federal courts located in Texas.
b. You may not assign these Terms except with the express consent of the Company. The Company may assign these Terms pursuant to a merger or sale of the Company or its assets.
c. If any portion of these Terms is held to be unenforceable, the remaining provisions shall be enforced to the maximum extent possible.
d. These Terms represent the full, final, and complete understanding of the parties as it relates to the subject matter hereof.