We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website.
Terms specifically related to online Accounts (as defined below) that you have with us are set forth in Section 3 below.
This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Your use of the Website and the services offered therein is subject to federal law and the law of North Carolina. Please see Section 10 for more information on governing law.
1.1. Website Ownership. This Website is owned and operated by Paysage, Inc., a North Carolina corporation. All rights, title and interest in and to the materials provided on this Website, including but not limited to any text, materials, documents, images, graphics, logos, designs, audio, video, and any other information provided from or downloaded from the Website (collectively, the “Content”) are owned or licensed either by Paysage or by our respective third party authors, developers, or vendors. Except as expressly stated on the Website or in these Terms, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way. Nothing on this Website shall be construed to confer any license under Paysage’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted herein are reserved by Paysage.
1.2. User Affirmations. You agree that:
1.3. Website Use. You may view, copy or print pages from the Website solely for personal, noncommercial purposes. You must not otherwise use, modify, copy, print, display, reproduce, distribute or publish any of the information from or material on the Website without the express, prior written consent of Paysage. If you wish to make any use of material on the Website other than as set out in this section, please address your request to firstname.lastname@example.org.
2.1. Copyright and Trademarks. The Company name, the terms “Paysage International, Inc.”, “Paysage Home”, “Paysage de Maison”, “Paysage” and all variations thereof, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors (the “Marks”). Nothing on the Website shall be construed as granting, by implication or estoppel, any license or right to use any of the Marks in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, and you must not use the Marks without the prior written permission of the Company, which permission may be granted or withheld in the Company’s sole discretion. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If you believe a work on the Website constitutes infringement of your copyright, trademark or other intellectual property rights, please contact us via e-mail at email@example.com and include the following information in your e-mail:
2.2. Limited Permission to Download. Paysage hereby grants you permission to download, view, copy, and print the Content found on Paysage.com on any single, stand-alone computer solely for your personal, non-commercial use provided that:
This permission terminates automatically without notice if you breach any of the conditions in these Terms. If terminated, you agree to immediately destroy downloaded or printed Content. Any unauthorized use of Content may subject you to legal copyright, trademark, and patent violations as well as other rights, laws, rules, regulations and statutes.
By making an account on our Website you agree to comply with all applicable laws regarding the transmission of technical data exported. If you make an account outside the United States you agree to comply with all applicable laws regarding the transmission of data from the United States to the country in which you reside (if different from the United States).
PAYSAGE DOES NOT SHIP OUTSIDE THE UNITED STATES, AND MAKING AN ACCOUNT OUTSIDE THE UNITED STATES DOES NOT GIVE YOU THE RIGHT TO DEMAND OR EXPECT SHIPMENT OUTSIDE THE UNITED STATES.
3.1. Registration. In order to use or access certain portions of the Website and to place an order on the Website you must open a user account (“Account”). You must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. If you choose to register, you agree:
3.2 Username. You are not required to provide your real name when signing up as a user of Paysage.com.
3.3. Passwords and Security. You are entirely responsible for the maintaining the confidentiality of your password. You hereby agree not to disclose your password to any third party.
You may not use a third party’s account, username or password at any time. You agree to notify us immediately of any unauthorized use of your account, username, or password. Paysage shall not be liable for any losses you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents and representatives and our vendors due to someone else’s use of your Account or password.
3.5. Non-Transferability of Account. Accounts are non-transferable and all users are obligated to take preventative measures to prohibit an unauthorized user from accessing the Website with his or her username and password.
3.6. Termination of Service. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. We may terminate your Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Paysage, to the business of the Website’s internet service provider, or to other providers. If our technical staff finds processes belonging to an Account pose a threat to the technical operation of the system or to the security of other members, we reserve the right to stop those processes.
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not use the Website in any way that could damage, disable, or impair any services provided by Paysage.com (or the network(s) connected to the Website); violate the privacy and security of other users; or interfere with any user’s use and enjoyment of any portion of the Website.
You agree not to attempt to gain unauthorized access to any services offered on the Website, Accounts, computer systems, or networks connected to the Website through actions such as, but not limited to, hacking and password mining. You agree not to obtain or attempt to obtain any Content by any means unintentionally made available through the Website. The use of your Paysage.com Account or posting of User Content (defined below) is subject to the laws of the State of North Carolina.
4.1. Reviews, Comments, and Other User Posted Content. You are legally and ethically responsible for any writings, files, pictures or any other work that you post or transmit (“User Content”) through use of parts of the Website that allow for interaction or dissemination of information by visitors or Account users, such as posting reviews and comments. Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that: (i) you own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and (ii) all of your User Content does and will comply with these Terms. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
4.2. Illegal and Inappropriate User Content. The use of your Paysage Account or User Content for any illegal activity under applicable laws is a violation of these Terms. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside our locality or your own residence. Paysage is open to members worldwide and Paysage cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting.
You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to post, transmit, or otherwise distribute any of the following User Content:
4.3. Monitoring and Enforcement; Termination. Paysage acts as a passive conduit for User Content and has no obligation to monitor posted User Content. As such, we are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website. Your use and reliance on User Content is at your own risk, for your personal use only, and subject to all conditions of these Terms. Paysage expects that you will use caution and common sense when using the Website. Notwithstanding the foregoing, we have the absolute right without notice, in our sole and absolute discretion, to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
If you have a complaint about the behavior or posts of another user, contact us at firstname.lastname@example.org. However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
The possibility exists that any idea, suggestion, or submission that you may make is similar to information, ideas, or suggestions already known to us. By disclosing this content to us you agree that no confidential relationship is established; that the material is not submitted in confidence; and no obligation is assumed nor implied against Paysage. Moreover, no liability shall result from the use of such information, ideas, or suggestions by Paysage.
Paysage may provide hyperlinks to other websites maintained by third parties or Paysage may provide third party content on the Website by other methods. THE LINKS TO THIRD PARTY WEBSITE ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY AND YOU ACCESS THESE WEBSITES ENTIRELY AT YOUR OWN RISK. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER THE COMPANY’S CONTROL AND, ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES.
A third party link to the Website is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, or partnership by or with Paysage. Usually Paysage is unaware that a third party linked to our Website. A website that links to our Website must not:
All purchases through our Website or other transactions for the sale of goods or services formed through the Website or resulting from visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms.
Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
7.1. Website Content Disclaimer. The information presented on or through the Website is made available solely for general information purposes. While we attempt to provide accurate, we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
7.2. Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IF DAMAGE OCCURS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT WITH THE USE OR INABILITY TO USE THIS WEBSITE AND/OR CONTENT AND YOUR USE OF CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS. YOU ASSUME ANY COSTS EVEN IF PAYSAGE WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE TO USERS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, the maximum liability of Paysage to you is the lowest amount allowable under applicable laws.
You agree to defend, indemnify and hold harmless Paysage, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access of the Website and all Content. This includes posting or transmission of any materials on the Website, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the City of Wilmington and County of New Hanover although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You consent to, and waive any and all objections to, the exercise of jurisdiction over you by such courts and to venue in such courts.
In regards to your Account, you agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts of North Carolina. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
These Terms expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Website.
10.2. Arbitration. At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.
10.3. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Paysage makes no representation that Content on the Website is appropriate, available, or legal in jurisdictions outside the United States. If you choose to access the Website from other jurisdictions, you do so according to your own initiative and are responsible for compliance with applicable local laws.
You may not access, download, use or export the Website, Content, or product in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of the United States, foreign agency, or any legal authority. You acknowledge and agree that the Content and Products are subject to the United States Export Administration Laws and Regulations and agree that none of Content or Product is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
Minors are not eligible to use the Website and we ask that they do not submit any personal information to us.
If any of these Terms or any provisions of an order are determined by any court of competent authority and jurisdiction to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will not affect the validity of the remaining provisions of these Terms, and the remaining Terms shall remain in full force and effect, and will continue to be valid to the fullest extent permitted by law.
We have the right to revise and amend these Terms at any time in our sole and absolute discretion. Your use of the Website after we post changes to these Terms constitutes your agreement to those changes prospectively from the date of such changes. You will be subject to the Terms and our policies in force at the time that you access the Website and/or order products or services from us.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
BY USING A PAYSAGE.COM’S ACCOUNT OR ACCESSING THE PAYSAGE.COM WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.
This Website is operated by Paysage, Inc., 1908 Eastwood Road, Suite 116, Wilmington, North Carolina 28403. All feedback, comments, requests for technical support and other communications relating to these Terms and/or the Website should be directed to: email@example.com.