TERMS AND CONDITIONS
Welcome to Paycove, located at www.paycove.io (the "Site"). Paycove is hosted and run by Peritus Group, LLC's. ("Peritus", "Paycove", "we", "our", or "us"). The following terms and conditions (the "Terms") govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. By accessing the Site you represent that you are 18 years of age or older.
If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to access, view, or use this Site and must exit immediately. If you do not agree to these Terms, or if you are under 18 years of age, do not use the Site.
Peritus may change these Terms from time to time. Please review the Terms periodically. Your continued access to, and viewing and use of this Site and any content, materials or services accessible through it, after such posting or notification means you accept any and all modifications.
Peritus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the content, materials, and services accessible on and through this Site (or any part thereof). Peritus shall not be liable to you or other third party for any such modification, suspension or discontinuance of any of the foregoing, except as expressly provided herein.
These Terms are in addition to any other agreements between you and Peritus, and its affiliates, partners, subsidiaries, licensors, licensees, subsidiaries, licensors, third-party content or service providers, distributors, dealers and suppliers ("Suppliers"), including, but not limited to any agreements that govern your use of certain products, services, content, tools and information accessible through the Site, including, but not limited to the terms and conditions governing the use of the Platform (defined below).
This Site is intended to be a means to provide its clients with information about certain project management, lead management, web and mobile development services offered by Peritus (the "Services") and accessible through an online platform, which requires a login to access such Services (the "Platform"). Although data elements, content, materials, and information contained within the Platform accessible through this Site, have been obtained from sources believed to be reliable, Peritus and its Suppliers do not guarantee accuracy or completeness and accept no liability for any direct or consequential losses arising from the use of the said provided information or Services. Furthermore, no warranties, expressed or implied, are provided for the accuracy of the data therein, its use, or its interpretation. Lastly, although data elements and information provided is periodically updated, this data and information may not reflect the data currently on file in the county or public records.
No recommendations or advice provided
Peritus is not a tax advisor or law firm and does not make recommendations or offer investment advice of any kind. Although Peritus may provide data, information, content, and materials (collectively, the "Materials"), and access to the Platform and Services, you should not construe any such information as investment, financial, tax, legal or other advice. You alone will bear the sole responsibility of evaluating the merits and risks associated with the Services and the Platform before making any decisions based on any data, information, content, or Services accessible through the Platform. In exchange for accessing, viewing, subscribing to, and using such Materials and accessing the Platform and Services through the Site, you agree not to hold Peritus and/or its Suppliers liable for any possible claim for damages arising from any decision you, your affiliates, employees, parent companies, subsidiaries, agents, and/or third party contractors make based on information, content, materials and Services made available to you on the Platform accessible through this Site.
NO CONTRACTUAL RELATIONSHIP BETWEEN PERITUS AND INVOICE RECIPIENTS
Paycove agrees to send invoices, reminders and other communications to your customers as one of it's core benefits. However, customer's payment through Paycove does not imply agreement to any of your terms, conditions, disclosure agreements, warrantee agreements, liability agreements or any other such agreements. As such, you agree that individuals paying through the Site have met any requirements necessary for collection of payment for services or goods you have or will rendered.
Unless otherwise expressly agreed in writing, no fiduciary, quasi-fiduciary or other special relationship exists between you and Peritus and/or its Suppliers. We owe you a duty of ordinary care. Any internal policies or procedures that Peritus and its Suppliers may maintain in excess of reasonable commercial standards and general usage are solely for Peritus's and its Suppliers' own benefit and shall not impose a higher standard of care than otherwise would apply in their absence.
License and Site Access
A. Access. Peritus grants you a limited license solely to access, view and make personal use of this Site. You may not download or modify any portion of this Site and/or the Materials provided on this Site, except with the express written or e-mailed consent of Peritus. The license to view and use this Site and the Materials contained on this Site, as well as the ability to access the Platform and Services through this Site, does not include the right for you to: (1) resell or commercially use of the Materials contained on this Site; (2) make any derivative use of, or create any derivative works from, any copyrightable portion of the Materials contained on this Site; (3) display, copy, distribute, license, assign, offer for sale or sell any trademarks, logos, and trade dress contained on this Site, and/or (4) conduct data mining, use robots or similar data gathering and extraction tools or processes on or through this Site. You expressly agree to not engage any of the foregoing activities.
B. No Illegal Uses. By accessing and viewing this Site, you warrant to Peritus that you will not use (1) this Site, (2) any of the data, information, content, and materials contained on this Site, and/or (3) the Platform and Services accessed through this Site, for any purpose that is either unlawful, or prohibited by these Terms.
C. Accurate Information. In consideration of your (1) access to and viewing of this Site, (2) access to and viewing of the data, information, content, and materials contained on this Site, and (3) ability to access the Platform and Services through this Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by any registration form(s), input pages, software as a services agreements, and/or license agreements on any of the Platform, and (ii) to maintain and update all such information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Peritus has the right to prevent your access to this Site and/or any of the Platform accessible through this Site.
D. Verification. You agree that we may verify your identity at any time during or after registration for access to any of the Platform. You authorize us to make any inquiries we consider necessary to validate your identity, which may include asking you for further information, requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you either (1) do not provide any such requested information, and/or (2) Peritus cannot verify your identity, you agree that Peritus may refuse to allow you access to and use of this Site any of the Platform.
E. Login and Password. You agree and understand that you are solely responsible for maintaining the confidentiality of any of your personal login information, including, but not limited to any password(s), LoginID(s), e-mail address(es), and mobile number(s) that allow you to access and use the Platform and Services, accessible through this Site.
F. Use with Your Mobile Device. Access to and use of (1) this Site, (2) the data, information, content, and materials contain on this Site, and/or (3) the Platform and Services accessible through this Site, may be available through a compatible mobile device, Internet and/or network access and may require software or other equipment. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. Peritus MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THIS SITE AND/OR THE PLATFORMS AND SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THIS SITE, THE PLATFORMS AND/OR THE SERVICES.
G. Interruption. You agree that neither Peritus nor its Suppliers will be liable to you in any way for the termination, interruption, delay or inaccuracy of this Site.
User Responsibilities; Monitoring
A. User Conduct. By accessing and viewing this Site, you agree that you will not do any of the following:
1. Restrict or inhibit any other user in any way from using and enjoying this Site, the Materials, the Platform, and the Services; or
2. Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, discriminatory, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
3. Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, investment schemes, or other unsolicited commercial communication (except as otherwise expressly permitted by Peritus in writing) or engage in spamming or flooding; or
4. Post or transmit any information, software, or material which contains a virus, trojan horse, worm and/or other harmful component; or
5. Post, publish, transmit, reproduce, distribute or in any way exploit any Materials contained on the site and/or Materials and software obtained through the Platform for commercial purposes (other than as expressly permitted by the provider(s) of the Services on the Platform); or
6. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform, the Materials contained therein, and/or the Services accessed thereon, other than as the provider(s) of the Platform and Services permit; or
7. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up any of the Platform and/or Services.
B. Site Monitoring / Other Users' Use. Peritus has no obligation or duty to monitor this Site, and/or any of the Platform accessed through this Site. However, you agree that Peritus and its Suppliers have the right to monitor this Site and the Platform electronically, from time to time, and to disclose any information as necessary or appropriate to: (1) satisfy any law, regulation or other governmental request; (2) operate this Site and the Platform properly; and/or (3) protect itself, its Suppliers and/or its customers. Peritus further reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.
A. Emails. Peritus and its Suppliers may, from time to time, provide you with a way to contact us through this Site so that we may communicate electronically. All such electronic communications will be received or otherwise recorded by Peritus and its Suppliers, and are subject to archival, monitoring or review by and/or disclosure to, someone other than the recipient. All such electronic communications may involve the electronic transmission you provided to us of information that you may consider to be personal information, and you agree and consent to such transmission of such information. You agree not to use e-mail to transmit any confidential personal information.
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
You give us express permission to send e-mails to email addresses or individuals associated with your business. Emails will typically provided us directly or stored with a third party service associated with your account, such as a Customer Relationship Management ("CRM") tool. Furthermore, you will not provide any emails or personal information for any user who does not have permission to receive emails from you.
B. Recording. In connection with your use of this Site and the Platform and Services accessible through this Site, you acknowledge and consent to the taping or any form of electronic recording of any communication, electronic or otherwise, between you and Peritus, its Suppliers, and/or their representatives or agents. You acknowledge and consent to the recording, retention and use by Peritus and its Suppliers of any and all information and data contained in (1) any communication with Peritus and its Suppliers, (2) any input posted on or through the Platform and Services, and/or (3) any reports that you generate during, your access to and use of the Platform and Services.
Intellectual Property and Proprietary Rights
A. Copyright Ownership. As between you and Peritus, Peritus and its Suppliers (1) own and license various Materials, and (2) provide the Services through computer and technological software (the "Software") contained on and made available through the Platform. Any such Software and Materials are protected pursuant to United States copyright laws and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on this Site, the Platform, the Materials, and any related Software accessible through your subscription to any Services on the Platform. You agree to not display, make commercial use of, copy, distribute, make derivative works from, sell, sublicense, or otherwise exploit any portion of this Site, the Platform, the Materials, and/or the Software except as authorized within (i) these Terms, and (ii) the individual agreements and/or terms and conditions posted on each Platform. You agree that if you violate this Section of these Terms and/or any such individual agreements and/or terms and conditions posted on each Platform, Peritus and its Suppliers may automatically terminate your permission to access and use this Site, the Materials on this Site, the Platform, and the Services.
B. Trademarks; Patents. Peritus and its Suppliers do not grant any license or other authorization to you of their trademarks, logos, service marks, trade dress, or other source-identifying symbols or devices, whether registered or unregistered, (the "Trademarks") by placing them on this Site, within the Materials contained on this Site, or on any Platform, or otherwise. You agree to not display, use, copy, distribute, infringe on, counterfeit, or otherwise exploit the Trademarks except as authorized within (i) these Terms, and (ii) the individual agreements and/or terms and conditions posted on each Platform. Peritus and its Suppliers do not grant any license or other authorization to you of their design or utility patents, whether registered or unregistered (the "Patents") by providing you access to the underlying material of such Patents, through this Site and/or the Platform. You agree to not display, use, copy, distribute, reverse engineer or otherwise exploit the Patents except as authorized within (i) these Terms, and (ii) the individual agreements and/or terms and conditions posted on each Platform.
Some Services, and/or products on or accessed through each of the Platform may be made available for purchase individually from time to time. By registering for such Services and/or products from Peritus and its Suppliers, and/or purchasing products through the Platform, you represent, warrant and acknowledge that: (1) you are eighteen (18) years of age or older, (2) you shall be bound by the provisions contained within (i) these Terms, and (ii) the individual agreements and/or terms and conditions posted on each Platform. You further agree to be bound by any credit processes, and cancellation and refund policies posted within the individual agreements and/or terms and conditions posted on each Platform.
Third Party Services
A. Third Party Offers. In connection with your access to and viewing of this Site, you may be made aware of other services, products, offers and promotions provided through third parties, and not by Peritus ("Third Party Services"). If you decide to use Third Party Services, you are responsible for reviewing and understanding the agreements, terms and conditions governing any Third Party Services. You agree that the third party, and not Peritus or its Suppliers, is responsible for the performance of the Third Party Services. This Site and the Platform may contain or reference links to third parties' websites and platforms where the trading of securities is possible. Some of those links are provided as a convenience only. The inclusion of any link is not and does not necessarily imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Peritus of any information contained in any third party's website or platform. In no event will Peritus be responsible for the information contained in such third party website or platform or for your use of or inability to use such website or platform. Access to any other website or platform is at your own risk, and you should be aware that linked websites or platforms may contain terms and privacy policies that are different from those of Peritus. Peritus and its Suppliers are not responsible for such provisions and expressly disclaim any and all liability for the same.
Failure to Comply With Terms and Conditions and Termination
You acknowledge and agree that Peritus and its Suppliers may deny you access to this Site and any part of the Platform and Services without prior notice if you engage in any conduct or activities that Peritus, in its sole discretion, believes violate any of these Terms, violate the rights of Peritus or its Suppliers, or is otherwise inappropriate for continued access. You agree to defend, indemnify and hold Peritus and its Suppliers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (1) your use of this Site, the Materials contained on this Site, the Platform, and the Services, (2) whether by you or users of your account.
Disclaimer of Warranties
Your use of this Site, the Materials contained on this Site, the Platform, and/or the Services, is entirely at your own risk. THE PLATFORMS AND THE SERVICES ARE PROVIDED "AS IS," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERITUS AND ITS SUPPLIERS DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THIS SITE, THE MATERIALS ON THIS SITE, AND/OR THE PLATFORMS AND SERVICES ACCESSIBLE THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. PERITUS DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE PLATFORMS, REGARDLESS OF WHO ORIGINATES THAT CONTENT. PERITUS AND ITS SUPPLIERS DO NOT WARRANT THAT THE PLATOFMRS ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THIS SITE, THE MATERIALS CONTAINED ON THIS SITE, AND/OR THE PLATFORMS AND THE SERVICES ACCESSED THROUGH THIS SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON ANY DATA, INFORMATION, CONTENT, MATERIALS, AND/OR THE SERVICES CONTAINED IN OR ACCESSED THROUGH THE PLATFORMS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PERITUS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES RELATING TO TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE, OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PERITUS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERITUS AND YOU. PERITUS AND ITS SUPPLIERS WOULD NOT BE ABLE TO HAVE PROVIDED THE MATERIALS, THE PLATFORMS, AND/OR THE SERVICES WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, PERITUS'S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00.
A. Entire Agreement. Except as expressly set forth in these Terms, these Terms are a complete statement of the agreement between you and Peritus, and set forth the entire liability of Peritus and its Suppliers and your exclusive remedy with respect to your access and use of this Site. In the event of a conflict between these Terms and the individual agreements and/or terms and conditions posted on each Platform, such other individual agreement and/or terms and conditions posted on each Platform shall prevail.
B. Interpretation; Choice of Law; Headings; Reservation of Rights. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by New York law, without regard to its choice of law or conflicts of law principles. Headings are included for convenience only, and shall not be considered in interpreting these Terms. The Terms do not limit any rights that Peritus may have under trade secret, copyright, patent or other laws.
C. ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO RESOLVE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. All matters concerning the validity and interpretation of and performance under these Terms shall be resolved before a single arbitrator in accordance with the Rules of the American Arbitration Association in the State, County of New York and City of New York. The award of the arbitrator shall include a written explanation of his or her decision and be limited to remedies otherwise available under these Terms and shall be binding upon the you and Peritus and enforceable in any court of competent jurisdiction.