Terms & Conditions

Thank you for visiting Pay Insights’ website.  

This User Agreement (this “Agreement”) is entered into by and between Pay Insights, LLC, and its owners (the “Website”) and you to set forth the terms and conditions of use (these “Terms and Conditions”) of the Website. By utilizing the Website, you are entering into a legally binding agreement.  If you do not wish to be bound by these Terms and Conditions for the Website, you must not use the Website. 

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE WEBSITE.  YOUR USE OF THE WEBSITE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Eligibility

The Website is intended for users who meet our “Minimum Age” requirements.  For purposes of these Terms and Conditions, Minimum Age means either: (1) you are 18 years of age or older; or (2) you are at least 13 years of age and your parent/guardian has reviewed these Terms and Conditions.  Individuals who do not meet our Minimum Age requirements are not allowed to use the Website.

Copyright; Ownership

The content, organization, graphics, design, compilation, and other matters relating to the Website are protected under applicable copyright, trademark, and other intellectual property laws, whether such intellectual property is owned by the Website or a third-party.  The copying, redistribution, use, or publication by you of any such matters or any part of the Website, is prohibited. The Website reserves all of its intellectual property rights in the Website, and, other than the information and content you enter or post on the Website, you do not and shall not acquire any ownership rights or any other interest in any content, document, or other materials, viewed through the Website.

As it relates to your use of the Website, you agree to not enter or post information that violates the intellectual property rights of a third party.  By agreeing to these Terms and Conditions, you are granting the Website a worldwide, transferable, non-exclusive, sublicense and right to use, copy, distribute, publish, and process the content and information that you enter or post on the Website.  By entering or posting any content or material on the Website, you are representing and warranting to the Website that such content or material does not violate the intellectual property rights of any third party and that you have obtained permissions, rights, or licenses, if any, to allow you to post such content.

No Warranty

TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, THE WEBSITE DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.  THE WEBSITE DISCLAIMS ANY AND ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE WEBSITE IS BEING PROVIDED TO YOU ON AN “AS IS” BASIS, AND THE WEBSITE DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, RELIABLITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE.  THE WEBSITE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE UPON CONTENT OR INFORMATION CONTAINED ON THE WEBSITE.  WE DO NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR OPERATING ENVIRONMENT, IS FREE FROM MALWARE, VIRUSES, OR FREE OF HARMFUL CODE.

THE WEBSITE DOES NOT CONTROL THE TRANSFER OF DATA OVER TELECOMMUNICATIONS FACILITIES, SUCH AS THE INTERNET AND THAT, AS A RESULT, THE WEBSITE MAY BE SUBJECT TO INTERRUPTIONS OR DELAYS THAT ARE INHERENT IN THE USE OF SUCH FACILITIES.

Exclusion of Liability

TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, THE WEBSITE, NOR ITS OWNERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR ARISING OUT OF OR RELATING TO LOSS OR ALTERATION OF DATA.

Indemnification

You agree to defend and hold the Website harmless, from and against any and all claims, damages, liabilities, actions, and losses of any kind, including reasonably attorneys’ fees and courts costs, arising out of or in connection with (i) your use or misuse of the Website, or (ii) your violation of this Agreement or these Terms and Conditions.

You have no right and expressly disclaim any such right to seek injunctive or other equitable relief to enjoin the operation of the Website.

Other Websites

The Website may contain links to other websites.  Those links are provided through the Website as a courtesy and convenience for you, but do not serve as the Website’s endorsement of such other websites products or services.   The Website is not responsible for and the Website does not have any control over those other websites, and such other websites are governed by their own user agreements and/or privacy policies. 

Modification; Termination

We reserve the right to modify, limit, suspend, or terminate your access to the Website at any time, and without notice to you.  We reserve the right to remove any content you post on the Website, if such content violates these Terms and Conditions.

Assignment

This Agreement is non-assignable and non-transferable by you.  You may not transfer, or attempt to transfer, your rights or duties under this Agreement to any third party, without the prior written consent of the Website.  The Website may freely transfer, assign, or delegate all of its rights, duties, and obligations under this Agreement, without prior notice to you.

Waiver

Failure of the Website to enforce any of these Terms and Conditions shall not be construed as a waiver of such provision. 

Governing Law

This Agreement is governed by the laws of the State of South Dakota without regard to its conflict of laws principles.  Any and all lawsuits arising out of or in connection with this Agreement shall be venued exclusively in the state or federal courts located in Sioux Falls, South Dakota.  You agree to submit to the personal jurisdiction of the state and federal courts in South Dakota.