Terms & Conditions

GB PAY WELCOMES YOU. WE ASK THAT YOU READ THE FOLLOWING TERMS & CONDITIONS, WHICH CONSTITUTE A BINDING CONTRACT THAT COVERS YOUR USE OF THIS SITE. BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

SECTION 1 – OVERVIEW

SECTION 2 – USE OF SITE

SECTION 3 – CUSTOMER ACCOUNTS

SECTION 4 – TRANSACTIONS AND PAYMENTS

SECTION 5 – SITE CONTENTS AND OWNERSHIP

The information contained on this site, including all images, designs, photographs, writings, graphs, data, and other materials (Materials) are solely the property of GB Pay and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described in these Terms & Conditions. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, we do not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

SECTION 6 – DISCLAIMER OF WARRANTY

SECTION 7 – LIMITATION OF LIABILITIES

YOU AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, ANY NEGLIGENT ACT, SHALL WE OR ANY OF OUR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER WE OR ANY OF OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all transactions made through our platform. You agree to promptly update your account and other information, including your email address, phone number, and payment method information.

SECTION 9 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, use of our services, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

SECTION 10 – PRIVACY POLICY

Your submission of personal information through the site is governed by our Privacy Policy, which can be viewed on the site.

SECTION 11 – LIMITATIONS ON CLAIMS

Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises, or it is waived.

SECTION 12 – MINORS

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of majority in your jurisdiction, you may not use this website. If you are younger than EIGHTEEN (18) years old, you may not use this website.

SECTION 13 – HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the "Linked Sites"). If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by us. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by us. We do not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by us. Links do not imply that we sponsor, endorse, are affiliated or associated with, or are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ours or any of our affiliates or subsidiaries. Except for links to information authored by us, we are neither responsible for nor will we be liable under any theory based on (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so at your own risk. We reserve the right to discontinue any Linked Site at any time without prior notice.

SECTION 14 – CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS

This Agreement is governed by and shall be construed in accordance with the laws of the United States. We make no representation that the materials are appropriate or available for use outside of the United States. If you access this site from outside of the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. Subject to Section 16, you agree to submit to the personal and exclusive jurisdiction of courts located in the United States for any disputes with us arising out of your use of this site.

SECTION 15 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between us and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

SECTION 16 – ARBITRATION AGREEMENT

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms & Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – CLASS ACTION WAIVER

Any arbitration under these Terms & Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

SECTION 19 – NO THIRD-PARTY BENEFICIARIES

Nothing in these Terms & Conditions shall create any third-party rights, nor shall anything in these Terms & Conditions bind us to any sort of covenant, agreement, or contract with a third party.

SECTION 20 – MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective on the date they are first posted to this site. It is your responsibility to return to this Agreement from time to time to review the most current Terms & Conditions. We do not and will not assume any obligation to notify you of changes to this Agreement.

SECTION 21 – ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your touchscreen, mouse, keystroke, or otherwise, your agreement or consent will be legally binding and enforceable and shall be the legal equivalent of your handwritten signature.

SECTION 22 – FORCE MAJEURE

Neither party to this agreement shall be liable or responsible to the other party for any failure or delay in fulfilling or performing any term of this agreement when such failure or delay is caused by events beyond the affected party's reasonable control. This includes, but is not limited to (1) acts of God; (2) flood, fire, earthquake, or explosion; (3) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (4) changes in the law or regulatory enforcement which do not allow for continued operations of either party; (5) actions, embargoes, or blockades in effect on or after the date of this agreement; and (6) national or regional emergency. The party suffering a Force Majeure event shall give prompt notice to the other party, stating the period of time the occurrence is expected to continue, and shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure event are minimized. This section does not apply to obligations to make payments for services rendered prior to the Force Majeure event.

SECTION 23 – ASSIGNMENT AND DELEGATION

You may not assign any rights or delegate any duties granted to you under this agreement.

SECTION 24 – NON-WAIVER

No waiver by any party of any of the provisions of this agreement shall be effective unless set forth in writing and signed by the waiving party. No waiver by any party shall operate or be construed as a waiver regarding any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, or partial exercise of any right or remedy arising under this agreement shall operate or be construed as a waiver, nor shall it preclude any other or further exercise of the waiver or the exercise of any other right or remedy.

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