Terms of Service

Last updated: July 16, 2012

THIS AGREEMENT GOVERNS YOUR USE OF THE PAYEVER.COM WEBSITE AND SERVICE.

This Web site is owned and operated by PayEVER.com ("PayEVER"). Access and use of this Web site is provided by PayEVER to you on condition that you accept these Terms of Service, and by accessing or using this Web site, you agree to these Terms of Service. If you do not agree to accept and abide by these Terms of Service you should not access or use this Web site.

PayEVER may revise and update these Terms of Service at anytime and without notice. You are cautioned to review the Terms of Service posted on the Web site periodically. Your continued access or use of this Web site after any such changes are posted will constitute your acceptance of these changes.

You may not interfere with the security of, or otherwise abuse this Web site or any system resources, services or networks connected to or accessible through this Web site. You may only use this Web site for lawful purposes.

Use of PayEVER Social Payment Service

PayEVER social payment service is built on top of the PayPal payment services. Sending and receiving payments are all processed by PayPal. Therefore, you need to agree to and abide by PayPal User Agreement before you start using PayEVER social payment service to create fundraising Accounts.

When you sign up for PayEVER, your default Account is automatically created to receive payments for any reason from anyone. Additional Accounts can be created for specific purposes, such as social events, birthday parties, and charity donations.

You may not create Accounts for activities that:

  • Violate any law, statute, ordinance or regulation;
  • Relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;
  • Relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other "get rich quick" schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business activities: the sale of traveler's checks or money orders, currency exchanges or check cashing, (g) provide certain credit repair or debt settlement services, or (h) offer a return-on-investment on another User’s contribution;
  • Involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
  • Violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
  • Involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, racing bets, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from PayEVER.com, and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

PayEVER.com reserves the right to suspend and remove any Account that it deems to be violating the aforementioned activities with or without notice to you. PayEVER.com also reserves the right to suspend and remove any Account at its sole discretion with or without cause, and with or without notice to you.

In the event that you have a dispute with a PayEVER account owner in any way relating to the PayEVER Web site or the use of information from the Web site, you agree to waive and release PayEVER from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.

Contributing to PayEVER Accounts

PayEVER.com may provide you the opportunity to make contributions to PayEVER Accounts created by its members. You may contribute to any Account with the specified amount. You may contribute to as many Accounts as you like.

It is solely your choice to contribute to a Account. You understand that making a Contribution to a Account does not give you any rights in or to that Account, including without limitation any ownership, control, or distribution rights, and that the Account Entity shall be free to solicit other funding for the Account, enter into contracts for the Account, allocate rights in or to the Account, and otherwise direct the Account in its sole discretion. You further understand that nothing in this Agreement or otherwise limits PayEVER.com's right to enter into agreements or business relationships relating to Accounts. PayEVER.com does not guarantee that any Account's Goal will be met. PayEVER.com does not guarantee the use of any Account Funding for any purpose or the outcome of any Account

Contributions to Accounts are nonrefundable. Under certain circumstances PayEVER.com may, but is under no obligation to, seek the refund of Account Funding if the Account Entity misrepresents the Account or misuses the funds. You acknowledge and agree that all your Contributions are between you, the Account Entity, and the Processor only, and that PayEVER.com is not responsible for Contribution transactions, including without limitation any personal or payment information you provide to the Processor (PayPal or other processors hired by PayEVER).

PayEVER.com makes no promises, verifications, or guarantees regarding the deductibility of any Contribution for tax purposes. PayEVER.com does not and will not offer or provide tax advice. Please consult your tax advisor for more information.

Termination

PayEVER may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by contacting us. Any fees paid hereunder are non-refundable. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property

All materials (including the organization and presentation of such material) on this Web site (the "Materials") are the property of PayEVER and its licensors and may be protected by intellectual property laws including laws relating to copyrights, trademarks, trade names, Internet domain names, and other similar rights.

Unless you have entered into a separate agreement with PayEVER, any other use of these Materials without PayEVER' written permission is prohibited.

The Materials may only be used and copied for your own, non-commercial, personal or educational purposes, provided that the Materials are not modified and that copyright and other intellectual property notices are not deleted. You may not create derivative works from or otherwise exploit the Materials in any way.

Privacy

PayEVER is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Web site Privacy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit our website.

Currency of Web site

PayEVER updates the information on this Web site regularly. However, PayEVER cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Web site. PayEVER may revise, supplement or delete information, services and/or the resources contained in the Web site and reserves the right to make such changes without prior notification to past, current or prospective visitors.

Linked Web sites

This Web site may provide links to third party Web sites for your convenience only. The inclusion of these links does not imply that PayEVER monitors or endorses these Web sites. PayEVER does not accept any responsibility for such Web sites. PayEVER shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party Web sites or linked resources.

Internet software or computer viruses

Due to technical difficulties with the Internet, Internet software or transmission problems could produce inaccurate or incomplete copies of information contained on this Web site. Computer viruses or other destructive programs may also be inadvertently downloaded from this Web site.

PayEVER shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Web site or your downloading of any of the Materials from this Web site. PayEVER recommends that you install appropriate anti-virus or other protective software.

Web Site and Materials Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PAYEVER.COM, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. PAYEVER.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PAYEVER.COM SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PAYEVER.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. Company has no special relationship with or fiduciary duty to you. You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Company from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any Content contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (1) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (2) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (3) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. Company will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on Company’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.

Limitation of Liability

Under no circumstances will PayEVER.com be liable to you for any incidental, consequential, special, or unexpected damages in connection with your use of this Website, site-related services, site content and User submissions including, without limitation, injury or damages resulting from User conduct, whether online or offline, for loss of principal or earnings. PayEVER.com will not be liable for the results of any interruptions or errors relating to the site, site-related services or the scheduled or unscheduled service interruptions of any third party payment service, such as PayPal. IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Electronic Delivery/Notice Policy and Your Consent

By using the Services, you consent to receive from PAYEVER.COM all communications including notices, agreements, legally required disclosures or other information in connection with the Services (collectively, "Contract Notices") electronically. PAYEVER.COM may provide such electronic Contract Notices by posting them on the PAYEVER.COM Site. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the PAYEVER.COM Site and Services.

Severability

This Agreement in its entirety, accepted and affirmed by becoming a User, is understood to contain the complete Agreement between you, the User, and PayEVER regarding the use of the Website or any site-related services and programs. If any condition of this Agreement is held inaccurately, the remainder of this Agreement will proceed in full force and effect.

Indemnification

You agree to indemnify and hold PayEVER harmless against all claims or liability asserted against PayEVER arising out of or in connection with any breach by you or anyone acting on your behalf of any of these Terms of Service.

Contact Messages

Feel free to contact PayEVER via its Support Email. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. PayEVER is not liable for any damages related to communications to or from this Web site.

You agree with respect to any information provided by you to us through Support:

  1. PayEVER has no obligation concerning such information;
  2. the information is non-confidential;
  3. PayEVER may use, disclose, distribute or copy the information and may use any ideas, concepts or know-how contained in the information for any purpose without compensation; and
  4. the information is truthful and disclosure of the information does not violate the legal rights of others.

Applicable law and Jurisdiction

This Web site is controlled, operated and administered by PayEVER from within the State of California, The United States. This Web site can be accessed from all territories of the U.S., as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of California, by accessing this Web site, you acknowledge and agree that all matters relating to access to, or use of this Web site shall be governed by the laws of the State of California and the federal laws of the U.S. applicable therein (without reference to conflicts of laws principles). You hereby consent to the exclusive jurisdiction and venue of state and ferderal courts located in San Francisco, California in all disputes arising out of or relating to the use of the PayEVER Web site.

Contact

If you have concerns relating to this web site or these Terms of Service, please contact us.