Terms and Conditions of Use
This Website (WWW.PERFECTPAYSUPPLY.COM) and PerfectPay Supply services are offered to you conditioned on your acceptance, without modification, of the following terms, conditions, and notices contained in this agreement the "Terms and Conditions". Your use of this Website or service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at www.perfectpaysupply.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on the Website. These Terms & Conditions were last updated on 7/30/2010.
1. Introduction to PerfectPay
Upon your registration, you must choose your own password to access PerfectPay Supply services through the Website. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify PerfectPay Supply immediately of any unauthorized use of your account or any other breach of security. PerfectPay Supply will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PerfectPay Supply or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder and PerfectPay Supply.
2. Information You Provide To Us
Upon using PerfectPay Supply services, you will be prompted to disclose certain information about yourself and your service requirements. You may also be able to store information on our Website. Some of this information will be sent to PerfectPay Supply partners who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our partners and providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with PerfectPay Supply and its partners and thus agree to be contacted by PerfectPay Supply and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or PerfectPay Supply has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PerfectPay Supply has the right to refuse any current or future use of the perfectpaysupply.com services (or any portion thereof) by you.
3. Your Use Of PerfectPay Supply Services
You acknowledge and agree that your use of PerfectPay Supply services is for your personal use and not for advertising purposes. You may not use PerfectPay Supply Website or services to recreate or compete with the PerfectPay Supply services, to solicit or harass PerfectPay Supply service professionals, or for any other purpose not contemplated herein. You agree that all of the content and information posted on the PerfectPay Supply Website is the sole and exclusive property of PerfectPay Supply, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to PerfectPay Supply for any such damages, and will indemnify PerfectPay Supply in the event of any third party claims against PerfectPay Supply based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the PerfectPay Supply Website and services at any time. If it is determined or suspected by PerfectPay Supply in its sole discretion that you are misusing or attempting to misuse or circumvent the PerfectPay Supply services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, PerfectPay Supply reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO PERFECTPAY SUPPLY AND ITS PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO PERFECTPAY SUPPLY AND EACH PERFECTPAY SUPPLY SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $12,000 TO EACH OF PERFECTPAY SUPPLY AND EACH OF THE AFFECTED PARTNERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
4. Notice Specific To Documents And Information Available On This Website
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the PerfectPay Supply server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Website is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the PerfectPay Supply Website or any other PerfectPay Supply owned, operated, licensed or controlled site. Elements of PerfectPay Supply Websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any PerfectPay Supply Website may be copied or retransmitted unless expressly permitted by PerfectPay Supply. PERFECTPAY SUPPLY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PERFECTPAY SUPPLY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE PERFECTPAY SUPPLY WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PERFECTPAY SUPPLY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
5. Links To Third Party
The links in the PerfectPay Supply Website may direct you to leave the PerfectPay Supply Website. The linked sites are not under the control of PerfectPay Supply and PerfectPay Supply is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. PerfectPay Supply is not responsible for webcasting or any other form of transmission received from any linked site. PerfectPay Supply is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PerfectPay Supply of the site.
6. Risk Of Loss
All items purchased from PerfectPay Supply are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
7. Product Description
PerfectPay Supply attempts to be as accurate as possible. However, PerfectPay Supply does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by PerfectPay Supply itself is not as described, your sole remedy is to return it in unused condition.
8. Pricing
Except where noted otherwise, the List Price displayed for products on our Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
9. Returns And Exchanges
PerfectPay Supply maintains a Returns and Exchange policy which is posted on the Website. The Returns and Exchange policy is an integral part of these Terms and Conditions.
10. Indemnifications
YOU AGREE TO INDEMNIFY PERFECTPAY SUPPLY, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE PERFECTPAY SUPPLY SERVICES OR IN CONNECTION WITH THE PERFECTPAY SUPPLY WEBSITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
11. Compliance With Coppa
This Site is not directed at children under the age of 13. PerfectPay Supply complies with the Children’s Online Privacy Protection Act and does not knowingly permit registration or submission of personally identifiable information by anyone under 13 years of age.
12. General Provisions
You acknowledge and agree that the PerfectPay Supply services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and PerfectPay Supply sole obligation to you or any third party for any claim arising out of your use of the PerfectPay Supply services or the PerfectPay Supply Website, is that you are free to discontinue your use of the PerfectPay Supply services or the PerfectPay Supply Website at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, PERFECTPAY SUPPLY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT PERFECTPAY SUPPLY SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF PERFECTPAY SUPPLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. PerfectPay Supply is a division of PerfectPay Supply, LLC, a Delaware limited liability company. All references in these Terms and Conditions, and any other portion of the PerfectPay Supply Website, to PerfectPay Supply shall be deemed to include and apply to perfectPay Supply, LLC by reference. The Terms and Conditions will inure to the benefit of PerfectPay Supply successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of PerfectPay Supply to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PerfectPay Supply services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Pennsylvania as such laws are applied to agreements entered into and to be performed entirely in the State of Pennsylvania and between Pennsylvania residents. You agree to submit to jurisdiction in Pennsylvania and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Mercer County, Pennsylvania.
PerfectPay Supply may assign its rights and duties under the Terms to any party, at any time, without notice. PerfectPay Supply reserves all rights not expressly granted in these Terms.
If you have any questions about our legal policies, please feel free to contact us.
13. Modifications To Terms And Conditions
PerfectPay Supply reserves the right to amend, change, and/or modify these Terms and Conditions at any time without notice. Any such changes will be posted on the Website and shall become effective as of the date on which they are posted.