TotalePay

Terms of Use

Welcome to the Total ePay Corp. (referred to herein as "ePay") website (the "Site"). Your access to and use of the Site is subject to these Terms and Conditions, the ePay Privacy Policy and Copyright Policy, and all applicable laws. BY ACCESSING AND BROWSING THE SITE, YOU ACCEPT, WITHOUT LIMITATION AND QUALIFICATION, THESE TERMS AND CONDITIONS (the "Terms and Conditions"), INCLUDING ANY CHANGES MADE AND POSTED HERE FROM TIME TO TIME IN THE FUTURE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE. Please read the Terms and Conditions carefully, as they describe each party's obligations. These Terms and Conditions refer to Total ePay Corp. as "ePay" and to you as "you" or "the User." Any use of the communications or materials contained in the Site, except as provided in the Terms and Conditions or in the Site's content, is strictly prohibited. Unauthorized use of the site, including but not limited to, unauthorized entry into ePay's systems misuse or stealing of passwords or misuse of any information posted on the site is strictly prohibited and may result in criminal prosecution.

Privacy

Please review our Privacy Policy for a full explanation of ePay's practices.

Copyright

All materials contained on the ePay site at www.totalepay.com, including text, graphics, icons, images and software, are the property of ePay, its partners and/or content suppliers and are protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ePay. You may not reproduce, modify, distribute or republish materials contained on this site without our prior written permission, and you may not alter or remove any trademark, copyright or other notice from copies of content.

If you believe that any material posted on the ePay site violates your rights under United States or international copyright laws, please contact us at customerservice@totalepay.com.

ePay and all other ePay logos and trade names are service marks or registered service marks of Total ePay Corp. All other trademarks used on the ePay site are the property of their respective owners.

General Guidelines

You may not post or transmit to the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or government regulation. ePay may fully cooperate with law enforcement authorities or court order requesting or directing ePay to disclose the identity of anyone posting any such information or materials. ePay assumes no responsibility or liability arising from our Users' postings or transmissions, from information or content on the Site, or from any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, or inaccuracy contained in any such postings, transmissions, information or content. By using the Site, you agree that you will not engage in any illegal activities relating to the site and that you will use appropriate safeguards to limit access to passwords or other identifying information.

Damages or Injuries

EPAY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE OR INJURIES CAUSED BY YOUR USE OF THE SITE. ePay will not be liable or responsible for any direct, incidental, consequential, indirect or punitive damages or injuries, including but not limited to errors, omissions, typographical errors, delays in transmission, mistakes, interruptions, deletion of files, defects, computer virus, line or system failure, site unavailability and delays in operation, a User's reliance on or use of any information, service or merchandise provided on or through the Site, or any failure of performance caused by or arising out of use of or access to any content or information contained in the Site, the content of any site, or sites hyper-linked to the Site, even if ePay is negligent and/or has been advised of the possibility of such damages. By using the Site, user assumes all of such risks. The above limitation of liability may not apply to the User where applicable law does not allow for such limitations.

Indemnification

You agree to defend, indemnify and hold harmless ePay and its affiliate companies and their employees, directors, officers, agents, material or communication providers, and Internet Service Providers from any and all losses, liabilities, claims, expenses, damage awards, including, but not limited to attorneys' fees, that arise from any claim action, demand, by use of, or in connection with your posting or transmission of any content to the Site or any communication you send to ePay via the Site.

Use of Materials and Communications

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post becomes the property of ePay or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ePay is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. However, ePay will not use your name for such purposes.

Hyper-Links

The Site may link to sites not maintained or related to ePay. Hyper-links are provided as a service to users and are not sponsored by or affiliated with the Site or ePay. ePay has not reviewed any or all of the sites hyper-linked to or from the Site and is not responsible for the content of any other sites or for any information, service, merchandise or hyper-links provided on or through such other sites. The links to other sites are to be accessed at the User's own risk. ePay makes no representations or warranties about the content, completeness, or accuracy of these links or the sites hyper-linked to the Site, and does not implicitly endorse third party sites hyper-linked to the Site. By following such hyper-links, user assumes all of such risks.

Warranties

The information and materials contained on the Site are intended solely for the personal information of the User. By entering and interacting with the Site, Users agree to hold ePay and its affiliates harmless and not responsible for the content. ePay makes no representations or warranties about the completeness or accuracy of the Site's content or the information or other material found on or in the Site. ePay does not purport to review the accuracy of information and other materials available on the Site. Users of the Site should take appropriate precautions to verify all such information. Independently, ePay cannot be held liable for typographical errors, layout error or misinformation, omissions, technical inaccuracies or other errors contained in the Site or for any time the site is unavailable or inaccessible by the User. ePay does not warrant that the materials or communications found in the Site will be available or will function properly at all times.

THE MATERIALS, SERVICES, AND INFORMATION IN THE SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EPAY'S PRODUCTS AND SERVICES ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A WRITTEN AGREEMENT BETWEEN EPAY AND THE PURCHASER OF ITS PRODUCTS. EXCEPT AS WARRANTED IN SUCH WRITTEN AGREEMENTS, EPAY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THEIR PRODUCTS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR. A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EPAY RESERVES THE RIGHT TO TERMINATE ANY AND ALL WEBSITE OFFERINGS OR TRANSMITIONS WITHOUT PRIOR NOTICE TO THE USERS.

Miscellaneous

The Site is created, controlled and operated by ePay in the State of NEW YORK, USA. If you choose to access this Site from another location, you are responsible for complying with local laws, if and to the extent that local laws apply. Any offers set forth on the Site are void where prohibited. ePay is located at 445 Park Ave., Suite 1904, New York 10022 USA, and can be reached by telephone at (212) 355-3400.

The Terms and Conditions set forth in the Site are governed and interpreted under the laws of the State of New York, United States of America, without giving effect to the conflicts of laws provisions of any jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in New York County, the State of New York, United States of America, in all questions and controversies arising out of your use of the Site or these Terms and Conditions. If any portion(s) of the Terms and Conditions is deemed unlawful, void, or unenforceable, that part will be modified only as needed to render it enforceable, and the remainder of the Term and Conditions will remain in full force and effect.

The Terms and Conditions set forth the entire understanding and agreement (this "Agreement") between ePay and Users of the Site with respect to the Site and any materials, communications, transmissions, or posting to the Site. ePay reserves the right to revise the Terms and Conditions at any time by updating this posting. Users are bound by any such revisions, and should periodically read and review the Terms and Conditions. Either ePay or the User may terminate this Agreement at any time. The User may terminate this Agreement by destroying all documentation and materials obtained from the Site. ePay may terminate this Agreement without any notice, for any reason whatsoever.