PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THIS SITE OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.

‍These Terms of Use apply to this website (the “Site”) and your use of certain products manufactured and/or provided by Paycon Technology Inc. (“Paycon,” “we,” “us,” or “our”), including but not limited to the Paycon Uscan, Paycon Picking App, Paycon Kiosk, Paycon Shoppcart (the “Products”, and together with Site, the “Paycon Services”).

THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

CONTINUED ACCESS AND USE OF THE PAYCON SERVICES AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.

What’s Contained in This Agreement
Click on the links below to jump to that section of the Agreement.‍
Highlights of the Agreement
Your Use of Paycon Products in Stores
– Store Goods Descriptions & Prices
– Payment Processors
– Promotions
Our Intellectual Property Rights
Your Authorized Use of the Paycon Services
Downloads
Descriptions, Testimonials, Opinions
Third-Party Content and Links
Updates to this Agreement
Important Legal Terms
– Termination
– Children
– Disclaimer of Warranty
– Limitation of Liability
– Indemnity
– New Jersey Residents
– Consent to Communication
– Severability
– Disputes, Arbitration and Class Action Waiver
– International Users
   – Canada
   – European Union
   – United Kingdom
Accessibility
Contacting Us

Highlights of the Agreement
This Terms of Use Agreement (the “Agreement”) is a legal agreement exclusively between you and us governing your use of the Paycon Services. By continuing to use the Paycon Services, you agree that such use is legally sufficient consideration under this Agreement.

This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read this entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this “Highlights” section and the terms of the full Agreement, the terms of the full Agreement control.

(a) Shopping with Paycon Products in Stores

• You can use our Products in certain Stores and Restaurants to enjoy a customized, AI-powered shopping experience.

• Stores operate independently of Paycon and are responsible for complying with applicable laws and regulations. Paycon bears no responsibility for Stores’ compliance with applicable laws.

• In partnership with Stores and Restaurants, we use third party processors to process your payment information.  

• Although you may be able to view Promotions through the Paycon Services, Promotions are created and by Stores, not Paycon. We are not responsible for fulfilling Promotions.
  Read more about shopping with our Products in Stores.

(b) Our Rights

• All the Content provided through the Paycon Services is protected by intellectual property rights―you may only make limited use of the Content you available through the Paycon Services, as described below.

• We may block you from accessing or using the Paycon Services for any reason.

• We are not liable for third-party content hosted on the Paycon Services, external websites linked to or from the Paycon Services, or errors regarding product information, availability or promotional offers.
  Read more about our rights and control of the Paycon Services and Content.

(c) Your Use of the Paycon Services

• Unless otherwise indicated, you only may use the Paycon Services and our Content for your personal use as an individual.

• While using the Paycon Services, you may not violate any laws, infringe any rights, threaten, harass or impersonate others, or take other actions that harm us or other people or parties.

• You must not attempt to bypass security protections on the Paycon Services, introduce viruses or other harmful code, or use the Paycon Services to attack other websites or services.
  Read more about what you can and cannot do while using the Paycon Services.

(d) International Users

• There are special terms and limitations for international users of the Paycon Services.
  Read the International Terms.

(e) Important Things to Know

• By using the Paycon Services, you consent to the terms of this Agreement. We may update this Agreement from time to time, and we will use reasonable efforts to provide you with notice of these updates if they are material.

• THIS AGREEMENT CONTAINS LIMITATIONS ON OUR LIABILITY TO YOU, IMPORTANT DISCLAIMERS OF WARRANTIES, AND INDEMNIFICATION OBLIGATIONS BY YOU.

• THIS AGREEMENT GOVERNS HOW DISPUTES WITH US WILL BE HANDLED, INCLUDING USING BINDING ARBITRATION WITH A CLASS ACTION WAIVER.

• Your use of the Paycon Services may be governed by other terms and conditions applicable to certain features or promotions. You should also read our Privacy Policy.

• This Agreement contains information about how you can contact us regarding complaints, questions or copyright infringement claims.
  Read the Complete Agreement below.

Complete Agreement
Your Use of Paycon Products in Stores
Paycon partners with grocers and retailers (each partner, a “Store”) to provide customized shopping experiences for each Store and its customers through Paycon Uscan, Paycon Picking App, Paycon Kiosk, Paycon Shoppcar. Paycon’s Products allow Store customers to purchase products (“Store Goods”).

By continuing to use the Paycon Services, you understand and agree, that each Store operates independently of Paycon. Stores may be required to comply with federal, state, and local laws, rules, regulations, and standards pertaining to the sale and marketing of their products and the maintenance of their facilities. Paycon is not liable or responsible for Stores’ safety or regulatory protocols and does not verify their compliance with all applicable laws.

You acknowledge that, in addition to this Agreement, your use of Paycon’s Products in a Store may be subject to that Store’s policies and terms and conditions of service (“Store Terms”). Store Terms govern issues such as refunds, returns, Store loyalty programs, etc.  You are responsible for reviewing Store Terms.

Store Goods Descriptions & Prices
Although we endeavor to ensure that any information regarding Store Goods made available through Paycon’s Products is correct and up to date, we cannot guarantee and we do not warrant that information about Store Goods that is made available to you through or on the Products when you use the Products in Stores(including without limitation product descriptions, colors, photographs or price listings of Store Goods) (“Store Good Information”) is accurate, complete, reliable, current or error-free. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATING TO INACCURATE STORE GOOD INFORMATION.

Please note that we are not obligated to rectify any discrepancies in Store Good Information. You should contact the applicable Store regarding such discrepancies. Notwithstanding the forgoing, we reserve the right to (i) change any Store Good Information at any time, and (ii) remove, and/or revise prices, fees, taxes, and/or surcharges for Store Goods without any notice or liability to you.

Payment Processors
In partnership with and at the direction of each Store, we may use third-party payment processors to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices. For more information about any applicable third-party processor terms, please contact the Store at which you have utilized the Paycon Products.

Promotions
The Paycon Services may advertise promo codes, discounts, coupon codes, and offers (“Promotions”) that provide a benefit to you when you make a purchase using one of our Products. Please note that Promotions are created and fulfilled by Stores and may be subject to separate terms and conditions set out by such Stores. Please carefully review the terms and conditions for each Promotion for further details. Paycon is not responsible in any manner for the fulfillment of Promotions. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible through the Paycon Services.

Our Intellectual Property Rights
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Paycon Services (the “Content”) are protected intellectual property of, or used with permission or under license by Paycon. Such Content may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Content of the Paycon Services, copyrighted and protected as a collective work. All intellectual property rights associated with the Paycon Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Content by accessing or using the Paycon Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Paycon Services is strictly prohibited.

Subject to your compliance with this Agreement, we grant you a limited license to access and use the Paycon Services and their Content for personal, informational, and shopping purposes. No Content from the Paycon Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Paycon Services. To use Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Content pursuant to any licenses associated with such Content, (3) not copy or post such Content on any networked computer or broadcast it in any media, (4) make no modifications to any such Content, and (5) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Paycon Services or the Content.

Your Authorized Use of the Paycon Services
While using the Paycon Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You may not use the Paycon Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Paycon Services or any other party’s use of the Paycon Services. In addition, we expect users of the Paycon Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:

Downloads
The Paycon Services may allow you to download certain Content, applications, software, and other information or materials. Paycon makes no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with Paycon or a third party.

Descriptions, Testimonials, Opinions
The Paycon Services may contain expert opinions. Information on identified as expert opinion or accessed from the Paycon Services by hyperlink, represents the opinions of these respective experts, which are not necessarily those of Paycon.

Paycon’s Site may contain blogs with information about how to utilize the Paycon Products and other relevant information regarding Paycon’s business. Some of these statements are not written by us and do not represent our opinion. Other statements may be written by us, but are not a representation or warranty about a product and should not be relied upon as such.

Similarly, Paycon’s Site may present you with information on events, charitable causes, and the like. This is presented for informational purposes only and should not be considered our endorsement of same.

The Paycon Services may allow you to leave product reviews, opinions, or testimonials, all of which is User Content. If you leave a review on another website, we may (but are not required to) reach out with a separate agreement to further define our rights in the User Content.

Descriptions and graphic representations of products on the Paycon Services are for informational purposes only and may not completely reflect the Products current appearance or functionality. We reserve the right to change Product descriptions at any time, and we are not responsible for variations between a Product description and the actual product. Technological issues, such as your device settings, may alter how a Product appears on Paycon’s Site.

WE HEREBY DISCLAIM ANY REPRESENTATION OR WARRANTY CONTAINED IN ANY TESTIMONIAL, BLOG, DESCRIPTION, OR OPINION POSTED ON THE SITE TO THE MAXIMUM EXTENT ALLOWED BY LAW.

Third-Party Content and Links
Any information, statements, opinions or other information provided by third parties and made available through the Paycon Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement or other third party Content through the Paycon Services.

Through the Paycon Services, we may provide, solely as a convenience to users, links to websites, social media pages, mobile applications or other services operated by other entities. If you click these links, you will leave the Paycon Services. If you decide to visit any external link, 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. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is authorized to use any of our trademarks, logos or copyright symbols.

We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, Twitter, YouTube, Vine, TikTok, Pinterest and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer  the Paycon Services, but rather a website operated by a third party. All comments, visuals and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.

YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.

Updates to this Agreement
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Paycon Services. Your continued use of the Paycon Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Site or displaying notice through the Products.

We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.

Other Policies
This Agreement applies exclusively to your access to, and use of, the the Paycon Services and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional policies and terms may apply to use of specific portions of the Paycon Services and to the purchase of certain merchandise or services and are included as part of this Agreement whether they reference this Agreement or not.

Other types of agreements and policies that you may be subject to include, but are not limited to:

• Policies for retailers, distributors, and distributors
• Store Terms
• Privacy policies
  We have also adopted a Privacy Policy that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Policy.

Should we employ you, none of the materials provided on the Paycon Services constitute or should be considered part or of an employment contract or an offer for employment.

Important Legal Terms
Termination
The Paycon Services and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Paycon Services. You may terminate this Agreement by providing written notice of termination, including your detailed contact information, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Paycon Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.

The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

Upon any such termination, (i) you must destroy all Content obtained from the Paycon Services and all copies thereof; and  (ii) you will immediately cease all use of and access to the Paycon Services;. You agree that if your use of the Paycon Services is terminated pursuant to this Agreement, you will not attempt to use that Site under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Paycon Services after termination will be a violation of this Section, which survives any termination.

Children
The Paycon Services are not designed to be used by minors, and we do not knowingly attempt to solicit or receive any information from children under 13. YOU MUST BE AT LEAST 13 TO ACCESS AND USE THE PAYCON SERVICES. If you are under the age of majority in your home state you should use the Paycon Services only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain sections of the Paycon Services, as well as promotions, programs and commerce we may offer on the Paycon Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Paycon Services or certain features of the Paycon Services, you should not attempt to do so.

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the FTC’s OnGuard Online (https://consumer.ftc.gov/identity-theft-and-online-security/online-privacy-and-security). Please note that we do not endorse any of the products or services listed at such Sites.

Disclaimer of Warranty
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE CONTENT AVAILABLE THROUGH THE PAYCON SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE PAYCON SERVICES. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE PAYCON SERVICES IS DONE AT YOUR OWN RISK. THE CONTENT OF THE PAYCON SERVICES IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE PAYCON SERVICES (INCLUDING THE USE OR INABILITY TO USE THE PRODUCTS), THE PAYCON SERVICES CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.

RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.

Indemnity
You agree to indemnify, defend and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Paycon Services; or (iii) the Content or other information you provide to us through the Paycon Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Consent to Communication
When you use the Paycon Services or send communications to us through the Paycon Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Paycon Services. We may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Policy.

Severability
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.

Disputes, Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Any dispute, claim or controversy arising out of or relating to this Agreement, other agreements on the Site, or the Privacy Policy, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be either determined by binding arbitration in New York, New York, before one arbitrator or submitted to small claims court in New York, New York . If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Any arbitration arising out of or related to this Agreement shall be conducted in accordance with the expedited procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules.

No Class Actions: YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Seeking Arbitration: If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written notice of your claim (“Notice”). The Notice to us must be addressed to: 919 North Market Street, Suite 950, Wilmington, New Castle County, Delaware. If we initiate arbitration, we will send a written Notice to an email address you have previously provided to us, if available. We may also use any other means to contact you, including a message in your Account. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court. Arbitration forms can be downloaded from the JAMS website (www.jamsadr.com). If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees.

Hearing: If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the JAMS Rules. In the event that the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules.

Award: In the event arbitration awards you damages of an amount at least $100 greater than our last documented settlement offer, we will pay your awarded damages or $2,500, whichever is greater.

Injunctive Relief: Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Confidentiality: The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Governing Law and Rules: This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of New York, exclusive of conflict or choice of law rules. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of this Agreement) with respect to any final award in an arbitration arising out of or related to this Agreement.

International Users
WE MAKE NO REPRESENTATION THAT THE INFORMATION AND MATERIALS ON THE PAYCON SERVICES, INCLUDING WITHOUT LIMITATION THE INFORMATION AND OTHER MATERIALS PROMOTING THE PRODUCTS IDENTIFIED ON THAT SITE, ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS OTHER THAN THE LOCATION FOR WHICH THE PAYCON SERVICES ARE DIRECTED. WE DO NOT REPRESENT OR WARRANT THAT THE PAYCON SERVICES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access the Paycon Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports.

Despite the above, as a consumer you will benefit from any mandatory provisions of the law of the country in which you are a resident. Nothing in this Agreement affects your rights as a consumer to rely on such mandatory provisions of local law. The local law of your jurisdiction may entitle you to have a dispute relating to this Agreement heard by your local courts. This Agreement does not limit any such rights that you have that apply. HOWEVER, BY ENTERING INTO THIS AGREEMENT, WE DO NOT CONSENT TO THE JURISDICTION OF ANY COURTS OTHER THAN THOSE REFERENCED IN THIS AGREEMENT AND RESERVES THE RIGHT TO CONTEST THAT IT IS NOT SUBJECT TO THE JURISDICTION OF ANY OTHER COURT. We may limit the Paycon Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. This Agreement, as well as all other documents related to it, including notices and correspondence, will be in the English language only.
THE FOLLOWING TERMS AND CONDITIONS APPLY TO YOU, AND SUPERSEDE CONFLICTING TERMS IN THE AGREEMENT, IF YOU ARE A RESIDENT OF THE NAMED JURISDICTION OR TO THE EXTENT REQUIRED BY APPLICABLE LAW:

CANADA
L’acheteur confirme son intention expresse que cet accord, ainsi que tous les documents connexes, soient rédigés en langue anglaise uniquement, y compris tous les avis et la correspondance.

Quebec Customers: For Quebec customers (or customers from other Canadian provinces where applicable) we will, if required, send at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause only, or the amended clause and the clause as it read formerly, the date of the coming into force of the amendment and the customer’s right to refuse the amendment and rescind or, in the case of a contract involving sequential performance, cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force, if the amendment entails an increase in the customer’s obligations or a reduction in our obligations.

Dispute Resolution: The arbitration requirements of this Agreement will not apply to you if any such provision is unenforceable under the laws of your Canadian province of residence.

Cancellation Rights: Residents of certain provinces may have the right to cancel the provisions of certain purchases as required by local law. We will honor such cancellation rights.

Privacy and Consumer Complaints: Under relevant consumer protection laws, you are entitled to the following consumer rights notice: If you have a question or complaint regarding the Paycon Services, please send an e-mail to: legal@paycon.us. You may also contact us by writing to: 919 North Market Street, Suite 950, Wilmington, New Castle County, Delaware, 19801.

EUROPEAN UNION

Children: You may not use the Paycon Services if you are under the age of 16.

Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE EUROPEAN UNION AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), THE AGREEMENT TO ARBITRATE IN THE AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW.

UNITED KINGDOM

Children: You may not use any Site if you are under the age of 16.

Exceptions to Liability Limitations: Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

ARBITRATION MAY NOT APPLY TO YOU IF YOU ARE A RESIDENT OF THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (OR ANY SUCCESSOR TO THESE ENACTED BY THE UK POST BREXIT). THE AGREEMENT TO ARBITRATE IN THIS AGREEMENT WILL NOT APPLY TO YOU IF NOT PERMITTED BY LAW.

Accessibility
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Contacting Us
If you have questions about this Agreement, or if you have technical questions about the operation of the Paycon Services, please contact us via email at legal@paycon.us or by writing us at 919 North Market Street, Suite 950, Wilmington, New Castle County, Delaware, 19801. Similarly, if you have any questions or comments about our Paycon or our products or have other customer service needs, please send an email to legal@paycon.us.