1) Acceptance of Terms; Modification to Terms.
Thank you for visiting https://www.simply-easier-payments.com/, a website of Simply Easier Payments, Inc. ("Company"). Company provides a website and software related to its independent payment and data processing services. Unless you and Company enter into a separate agreement that specifically supersedes any of these terms, Company provides its website, the software, and the associated services (collectively the "Site") subject to the following terms of service ("Terms").
The terms "Company", "we", "us" "our" and similar terms refer to Simply Easier Payments, Inc. The terms "you," "your," "user" and similar terms refer to you as a user of the Site. Unless otherwise specified, the Terms apply to all users of the Site, whether just browsing the website or acting as a registered user.
You must be 13 years and older to register to use the Site. Company does not specifically collect information about children and the website is not directed to children. If we learn that Company has collected information from a child under the applicable age, we will delete that information as quickly as possible.
2) Member Account, Password
Certain aspects of the Site require you to register and create an account. If you register on the Site, you will receive an email confirming the creation of a Company account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot be liable for any loss or damage arising from your failure to comply with this Section.
You represent and warrant that all contact and personal information provided to Company during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with Company.
3) User Conduct:
- Not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Not to upload, download, post, email or otherwise transmit false or misleading information;
- Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- Not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution and termination of their account;
- Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites, including without limitation, through any trolling, belligerent or antagonistic behavior towards other users;
- Not to collect or store personal information about any other user of the Site.
- Not to use any content or other information provided on or through the Site, which does not belong to you, for any commercial purpose including by selling, offering for sale, distributing, reposting or licensing anyone else's content or information that you may obtain through use of the Site.
- Not to use any page-scraper, spider, robot or other automatic device or methodology to access, acquire, copy or monitor any information or content provided on or through the Site.
- Not to copy, republish, mirror, transmit, perform, sell or distribute any part of the Site for any commercial or other purpose or other than as expressly permitted herein.
We are committed to ensuring the security of personally identifiable information transmitted using the Sites. We will take reasonable precautions to protect this information from loss, misuse, unauthorized disclosure or alteration, including, putting in place appropriate physical, electronic and administrative procedures to safeguard and secure such information. We use encryption when collecting or transferring sensitive data (e.g., card information).
To the extent applicable to your use of the Site, we comply with current PCI DSS requirements and undergo annual onsite PCI security assessments performed by a qualified security assessor and regular network scans by an approved scanning vendor. We are responsible for maintaining the security of cardholder data while the data is in our possession, if and to the extent the cardholder data was in compliance with PCI DSS when received by us.
You acknowledge and agree that, any data, materials or content, including but not limited to designs, text, photos, images, videos, etc. or other material contained or distributed on or through the Site by Company, or its Representatives ("Site Content") is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and as between you and Company, shall belong to Company. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.
You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of Company and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the Site or the Software, in whole or in part.
You agree to defend, indemnify and hold Company and Company' officers, directors, employees and agents (collectively "Representatives") harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) the information you submit or transmit through the Site; (b) your use of the Site, (c) your violation of these Terms or (e) your violation of any rights of a third party.
You agree that Company, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the Site, and remove and discard any content you may have contributed to the Site, at any time for any reason or no reason. Company may, also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to the Site.
The Site may provide, or third parties may provide, links to other websites or resources. Because Company has no control of such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such Site or resource.
10) Deleting Accounts
If you wish to terminate your Company account, please contact us and request to do so.
If you delete your account, Company reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations.
11) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, SOFTWARE, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEP AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SEP DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
12) LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SEP OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE. EXCEPT FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL SEP'S LIABILITY FOR ANY AND ALL CLAIMS OR CAUSES OF ACTION WHATSOEVER ARSING UNDER THESE TERMS OR YOUR USE OF THE SITE, EXCEED ANY FEES PAYABLE BY YOU TO COMPANY HEREUNDER THE PRECEDING TWELVE (12) MONTHS UNDER THIS AGREEMENT. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE. 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. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.
Company shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Company, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
These Terms will be governed by the laws of the State of North Carolina.
ANY DISPUTE ARISING AROUND THE SITE OR THESE TERMS WILL BE RESOLVED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND YOU HEREBY AGREE TO CONSENT TO SUCH ARBITRATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN WAKE COUNTY, NORTH CAROLINA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. EITHER PARTY MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION NECESSARY TO PROTECT THE RIGHTS OR THE PROPERTY OF YOU OR COMPANY (OR ITS REPRESENTATIVES), PENDING THE COMPLETION OF ARBITRATION.
These Terms were last updated [June 15 2023].