Terms of Use

Thank you for your interest in Paylitix. The Website paylitix.com is owned, controlled, and operated by Paylitix, Inc. (sometimes referred to in these Terms of Use as “Paylitix”, “we”, “our”, or “us”). By accessing the Website in any manner, whether automated or otherwise, you agree to be bound by and to use the Website in accordance with these Website Terms of Use (the “Terms”), our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services that we make available to you through the Website (all of which are deemed part of these Terms). If you do not agree with all of the following Terms, do not use this Website. We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms to keep yourself apprised of any changes. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms.

1. Date

These Terms were last updated on April 6, 2020.

2. Proprietary Rights and Copyrights

All software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements (collectively, "Content") are the property of Paylitix and/or its subsidiaries, affiliates, assignees, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Modification or use of the Content except as expressly provided in these Terms violates our intellectual property rights.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by material on the Website, please send a notice to our designated agent:

Legal Counsel
Paylitix, Inc.
2600 N. Ashton Boulevard
Lehi, Utah 84043
Email: legal@paylitix.com

Your notice of infringement should comply with the requirements of the Digital Millennium Copyright Act which requires in part the following information: (a) a description of the copyrighted work or other intellectual property that you claim has been infringed; (b) a description of where the material that you claim is infringing is located on the Website; and (c) your name, address, telephone number, and email address.

3. Privacy

Please take a moment to review our Privacy Policy. Paylitix requires, and you hereby warrant and represent, that any data submitted to Paylitix during or in connection with your use of the website or any related products or services offered by Paylitix, has not been collected, stored, or transferred to Paylitix in violation of any law, regulation, or contractual obligation applicable to you. Without limiting the foregoing, if you are a person or entity in the European Economic Area (the "EEA") as defined in our Privacy Policy, or Switzerland, or if you collect or transfer to us data pertaining to persons in such locations, you hereby represent and warrant that any transmission of data from you to Paylitix is fully compliant with the EU Directive 96/46/EC and/or the Swiss Federal Act on Data Protection (the "FADP"), including but not limited to your compliance with any notice requirements applicable to your sharing of data with Paylitix. For the avoidance of doubt, and without limiting the foregoing, if you are domiciled within the EEA or Switzerland or if you collect and transfer data pertaining to persons in such jurisdictions, and you transfer to Paylitix any data pertaining to individuals residing within the EEA or Switzerland, you represent and warrant that, if required by law, you have notified such individuals of such transfer and of all of the intended uses of such data by Paylitix on your behalf, as set forth in our then current Privacy Policy.

Subject to the application of the Privacy Policy to your personal data, when you submit or post any feedback, content, remarks, suggestions, ideas, graphics, or other information or material (collectively, the "Submissions") via the Website, Paylitix may treat such Submissions as non-confidential and non-proprietary. In the absence of a written agreement with Paylitix to the contrary, you agree that you will not submit to Paylitix any Submissions that you consider to be confidential or proprietary. You grant us, and anyone authorized by us, a royalty-free, non-exclusive, worldwide license to use, copy, publish, modify, translate, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Submissions, in whole or in part, on or in connection with the Website. You understand that you will not receive any compensation of any kind for the use of any Submissions. Submit only material that is yours.

Paylitix does not share personally identifiable information with third parties or affiliates for those third parties’ or affiliates’ direct marketing purposes.

4. Links

The Site may contain hyperlinks to other Web sites controlled by parties other than Paylitix. Such hyperlinks are provided as a convenience to our users, and Paylitix is not responsible for and does not endorse the contents or use of these Web sites.

5. Security

Paylitix has the right to investigate suspected violations of these Terms. Paylitix also reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone using or accessing this Website in a manner believed to violate these Terms or applicable laws. By accepting these Terms you waive and hold harmless Paylitix from any claims resulting from any action taken by us during or as a result of our investigations and/or from any actions taken as a consequence of investigations by either us or law enforcement authorities.

6. Our Right to Deny Your Access to the Website

Paylitix reserves the right to deny access, terminate, or suspend your use of the Website at any time without cause and without any liability to you.

7. Right to Discountinue Website

Paylitix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website, or any portion thereof, with or without notice. You agree that Paylitix will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any portion thereof.

8. Governing Law and Disputes

Paylitix operates this Website from Utah regardless of where our hosting servers may be located. All legal issues arising from or related to the use of the Website or these Terms shall be governed and interpreted pursuant to the laws of California, applicable to contracts entered into and wholly to be performed within said jurisdiction, without regard to principles of conflict of laws. The local and federal courts of Contra Costa County, California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms or any person's use of the Website. By using the Website and thereby agreeing to these Terms, you consent to personal jurisdiction and venue in the local and federal courts in Contra Costa County, California with respect to all such disputes.

9. Disclaimer

Your use of the Website is at your own risk. Paylitix provides the Website, the content, and Services "as is" and without warranties of any kind, either expressed or implied. Paylitix disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Paylitix does not warrant that the functions or content contained in the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components. The Paylitix Content may include technical inaccuracies or typographical errors, and Paylitix may make changes or improvements at any time. Paylitix does not represent or warrant that the information accessible via this Website or the Services is accurate, complete, or current.

10. Limitation on Liability

You assume full responsibility and risk of loss resulting from your use of this Website and any information on this Website. Under no circumstances shall Paylitix, our subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Paylitix has been advised of the possibility of such damages.

11. Indemnity

You will indemnify and hold us, our subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any loss arising from your breach of these Terms, including any use of content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.

12. Severability

If any term (or part of a term) of these Terms is invalid, illegal or unenforceable, the rest of the Terms will remain in effect.

13. Survivability

All provisions of these Terms relating to ownership of intellectual property and proprietary rights, warranty disclaimers, limitation of liability, and indemnification shall survive the termination of your use the Website, for whatever reason.

14. Contact

If you have any questions about these Website Terms of Use, you may email us at legal@paylitix.com or contact us by postal mail at the following address:

Legal Counsel
Paylitix, Inc.
2600 N. Ashton Boulevard
Lehi, Utah 84043