Terms and Conditions of Use
Terms and conditions apply to the use of PayToo Corp. d/b/a PayToo ® (hereinafter “PayToo”, “we”, “us” and/or “our”) and the PayToo Website(s) located at http://www.paytoo.com and all associated Websites (“Website”). Each PayToo Website may have separate policies and procedures. THESE WEBSITES ARE THE PROPERTY OF PAYTOO CORP. BY USING (hereinafter “User”, “you” and/or “your”) ANY OF THESE PAYTOO WEBSITES, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE TERMS AND CONDITIONS OF USE CONTAINED IN THIS LEGAL NOTICE. DO NOT USE THESE WEBSITES IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE OR ARE NOT OF SUFFICIENT LEGAL AGE TO PROVIDE INFORMATION. YOU ARE PROHIBITED FROM USING THIS WEBSITE OR SERVICES FOR ANY UNLAWFUL PURPOSE.
Void Where Prohibited By Law
Any product, service, feature, or function offered on the Website is void where prohibited by law.
You may download material displayed on the PayToo Website for personal and non-commercial use only. You are prohibited to distribute, modify, transmit, use, or reuse any of the contents of the PayToo Website for public or commercial purpose without the written consent of PayToo. All copyright, proprietary notices, and rules on downloaded and/or copied material must be retained.
Unauthorized access to any part of this Website is prohibited. You may not copy, scan, probe, or breach the security measures of this Website or the systems that support it.
PayToo recognizes the trademarks of VISA ®, MASTERCARD ®. DISCOVER ® and MAESTRO ® in accordance with the delivery of services to PayToo. Images displayed on www.paytoo.com , or www.go.paytoo.com are property of, or used with permission by PayToo Corp. Use of these images by third parties is prohibited unless expressed on PayToo Websites. Any unauthorized use of these images may violate copyright, trademark, and laws of privacy and publicity.
By using this Website, you acknowledge and expressly authorize that PayToo may provide your personal information to appropriate financial institutions, processors, and third parties under contract with affiliates for providing a subset of the payment services (i.e.: credit authorization and fraud screening). Federal and state privacy laws govern the use of personally identifiable consumer information for financial institutions. For other third parties under contract with PayToo and/or subsidiary, the use and distribution of your personal information will be used by such entity for its internal use. These transactions are treated as confidential and will be transferred between PayToo via encrypted means. Merchant is permitted to place an order based on the personal information you provide. Use of your personal information should be governed by agreement with merchant.
USE OF SERVICE IS AT INDIVIDUAL'S RISK. PAYTOO OR ITS AFFILIATES, EMPLOYEES, OR AGENTS DO NOT IN ANY WAY SHAPE OR FORM WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED AND/OR ERROR FREE. THE SERVICE PROVIDED IS "AS IS” AND “AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND INCLUDING TITLE, MERCHANTABILITY, PUBLISHING ERRORS, OR FITNESS FOR A PARTICULAR PURPOSE. PAYTOO WILL MAKE REASONABLE EFFORTS TO ENSURE THAT REQUESTS ARE PROCESSED IN A TIMELY MANNER WITHOUT WARRANTIES REGARDING THE AMOUNT OF TIME NEEDED TO COMPLETE PROCESSING. SERVICE IS SUBJECT TO DELAYS INVOLVING INTEGRATION, BANKING, INTERNET, AND/OR INTERNATIONAL MAIL SERVICES.
LIMITATION OF LIABILITY
PAYTOO, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT LIABLE FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES FROM ANY USE OF THE PAYTOO SERVICE. PAYTOO, ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES ARE NOT RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THIRD PARTIES RELATED TO THE SERVICE. MOREOVER, THE MAXIMUM AGGREGATE LIABILITY OF PAYTOO ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND/OR AFFILIATES IS LIMITED TO THE TRANSACTION FEES PAID TO PAYTOO IN THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM.
INDEMNIFY PAYTOO FOR DAMAGES
You hereby agree to indemnify and defend PayToo and its subsidiaries, officers, directors, and employees, agents and affiliates of PayToo from liabilities, losses, damages, claims, and expenses (including attorney fees and costs), whether or not a lawsuit or proceeding is filed that in any way arises out of or relates to:
(i) Violation of the Terms and Conditions of Service;
(ii) Improper use of the service;
(iii) Violation of property or third party rights;
(iv) Refunds or charge-backs of fees initiated pursuant to your request;
(v) Reversed credit card payments;
(vi) Debit card and/or credit card transactions following the closing of your PayToo Account; and/or
(vii) Negligence or misconduct.
In the event you fail to promptly indemnify and defend such claims and/or pay PayToo expenses, PayToo shall have the right to defend itself. Any attorney fees, costs and damages incurred by PayToo in settling such claims shall be paid by you within thirty (30) days of each and every of PayToo’s written request(s) for reimbursement.
Local laws govern this agreement. However, there is exclusive jurisdiction for any claims or disputes with PayToo in the courts of The United States of America. Specifically, venue for any disputes between you and PayToo shall be exclusively in Broward County, Florida, U.S.A. The language in this agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
PayToo has the right to add or modify the terms of this agreement and delivering amended terms to user via email or the PayToo Website(s). Use of service after the date such amended terms are delivered to user, shall be deemed to constitute acceptance of such amended terms. User agrees to review these amendments to be aware of such modifications. In the event that user does not agree to modifications made, they may cancel the PayToo Account and all services with PayToo.
If PayToo is notified of potential violations, PayToo may take legal action including but not limited to self-help measures such as terminating, freezing and/or blocking any accounts of yours with PayToo and/or seeking injunctive relief to immediately stop the violative activity. PayToo has the discretion to determine which action is appropriate under the circumstances. PayToo is not liable for the security of communications transmitted over PayToo's facilities.
Users are responsible for protecting the confidentiality of their respective passwords, usernames and user accounts. Users may not in any way share their respective passwords, usernames and user accounts with any other person even if such person is related to the User. Users may not transfer their respective account to anyone else without the prior written consent of PayToo. If a username is misplaced or lost, the User should send an email to email@example.com . Users can use the “Forgot Your Password?” button on the PayToo Website for password assistance.
CONSEQUENCES OF PROHIBITED BEHAVIOR
Violation of the policies and procedures described grants PayToo the authority to restrict, block, freeze or terminate access to services. Criminal behavior(s) will be reported to relevant governmental authorities.
PayToo reserves the right to collect administrative costs and fees regarding identifying offenders freezing PayToo Wallet Accounts and terminating access to services.
Updated September 12, 2013
Copyrighted work of PAYTOO CORP. © 2005-2014 all rights reserved.