The use of the site is subject to the terms and conditions defined herein (the agreement). In the event of a conflict between the agreement and any terms and conditions required by RPS MobiPay suppliers defined below then the applicable specific terms and conditions of such Suppliers shall govern and control your access and usage of such Suppliers products/services. By using the RPS MobiPay website, you agree to abide by the Agreement and the terms and conditions of RPS MobiPay Suppliers.
RPS MobiPay and/or its suppliers including: Elavon, RubyPearl Solutions, Merchant Information Solutions and others (collectively, “Suppliers”) make no representations about the suitability for any purpose of the information, software, products, and services contained on the RPS MobiPay Website. All such information, software, products, and services are provided “as is” without warranty of any kind. RPS MobiPay and/or its Suppliers hereby disclaim all warranties and conditions – including all implied warranties merchantability, fitness for particular purpose, title and non-infringement – with regard to the information, software, products, and services contained on the RPS MobiPay Website.
The information, software, products, and services published on this website may include inaccuracies or typographical errors. Changes are periodically made to the information herein. RPS MobiPay and/or its Suppliers may make improvements and/or changes to the site at any time.
In no event shall RPS MobiPay and/or its Suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with your use of the RPS website or with any delay or inability to use the website, or for any information, software, products, and services obtained through the website, whether based on contract, tort, strict liability or otherwise, even if RPS MobiPay and/or any of its Suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations regarding those types of damages may not apply to you.
Misuse prohibited/limits on use
As a condition of using the RPS MobiPay website, you agree that you will not use this website for any purpose that is unlawful or prohibited by the Agreement.
RPS MobiPay provides the site solely to permit you to determine the availability of goods and services offered by us and to transact business with us, and for no other purposes.
You agree that you will not make any false transaction or any transaction outside the intended purpose of the service. You agree to abide by the terms and conditions of purchase that RPS MobiPay imposes including, but not limited to, payment of all amounts when due and compliance with all rules regarding availability of products or services. You are completely responsible for all assessments, charges, duties, fees, and taxes arising out of your use of our website.
You agree that you will not Misuse the site. “Misuse” includes, but is not limited to, using the site to do any of the following:
- Disrupt any aspect of our’ operations
- Interfere with another’s access to or use of the site
- Take any action that will or could impose an unreasonable or disproportionately large load on the sites infrastructure
- Distribute or publish any information that degrades, embarrasses, harasses, humiliates, intimidates, or threatens any individual or group of individuals on account of their age, ancestry, color, ethnicity, marital status, medical condition, mental or physical disability, national origin, race, sex, or any other basis protected by federal, state, or local law
- Abuse, defame, harass, stalk, threaten, or otherwise violate another’s legal rights, including but not limited to rights of privacy and publicity
- Download or upload files (such as computer viruses, corrupt files, or similar software) that may damage the operation of Merchants’ or another’s computers
- Download or upload files that contain materials (including but not limited to software) that violate RPS MobiPay or another’s intellectual property, privacy, or publicity rights
- Misrepresent or omit the origin or source of any file that you download or upload
- Download or upload files that do not contain the posted proprietary language, author attributions, and/or copyright, patent, or trademark notices
- Distribute or publish any obscene, infringing, or unlawful material
- Engage in any commercial purpose not specifically granted to you in a separately executed service contract
- Disclose or transmit confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to us or any of its Suppliers
- Copy, create derivative works from, display, distribute, license, perform, publish, recreate, reproduce, sell, transfer, or transmit any information, products, services, or software obtained by, from, or through this Website
- Monitor or copy any content by using any manual process, or any robot, spider, or other automatic device, without first obtaining RPS MobiPay prior written consent
- Utilize a customer’s password during log-in, unless you are:
- The customer to whom that password is assigned (the “Authorized customer”);
- An authorized agent of the customer acting with both the knowledge and consent of the authorized customer
- Engage in any other conduct that is, or that RPS MobiPay deems to be, in conflict with this Agreement
RPS MobiPay forbids such Misuses, and access of the website for any such Misuses or other similar purposes is an unauthorized use of the RPS MobiPay website.
Software available on the RPS MobiPay Website
Any software that is made available to download from the RPS MobiPay website (“Software”) is the copyrighted work of RPS MobiPay website and/or its Suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, the following shall constitute the License Agreement: RPS MobiPay and/or its Suppliers hereby grant to you a personal, nontransferable license to use the Software for viewing and otherwise using the website in accordance with this Agreement, and for no other purpose.
Please note that RPS MobiPay and or its suppliers owns all the Software, including without limitation all HTML code and Active X controls, contained on this site. Copyright laws and international treaty provisions protect all Software. Any reproduction or redistribution of the Software is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Links to third party websites
The website may contain links and pointers to Internet sites that third parties operate. RPS MobiPay does not operate or control in any respect any information, products or services on such third-party sites. This website includes such links for your reference and convenience only. Endorsement of the material on such websites or any association with their operators is neither implied nor intended.
As a condition of using the Website, you agree to indemnify RPS MobiPay and/or its Suppliers from and against any and all liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of the website, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement.
With regard to any questions or problems about this website, please contact us by email at [email protected]
Modification of these terms and conditions
We reserve the right to modify the Agreement at its sole discretion and without notice. Your continued use of our site following any such modifications shall constitute your acceptance of such modifications.
The Agreement shall be deemed to have been made in the State of Nevada and shall be interpreted in accordance with Nevada law, without regard to conflicts of law principles RPS MobiPay and you consent and waive any objections to the exclusive personal jurisdiction of the state and federal courts in Clark County, Nevada, for the determination of any claim or controversy arising out of or relating to the Agreement. Merchants and you waive any objections to venue in such courts due to inconvenient forum or any other basis.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and RPS MobiPay as a result of the Agreement or your use of this site.
RPS MobiPay performance under the Agreement is subject to existing laws and legal process, and nothing contained in the Agreement limits RPS MobiPay’ right to comply with law enforcement requests or requirements relating either to your use of the site or the information provided to or gathered by us with respect to such use.
If a court of competent jurisdiction determines that any part of the Agreement is invalid or unenforceable, then the invalid or unenforceable part will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original part and the remainder of the Agreement shall continue in effect.
A printed version of this usage agreement and all other notices, policies, and disclaimers contained on our website will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. RPS MobiPay reserves any rights not expressly granted herein.[/ts_box_border][/vc_column][/vc_row]