TERMS AND CONDITIONS

The below terms, rules and regulations (the “Terms and Conditions”) govern your access to and the Pay It Up website available at [INSERT] (the “Site”), including the products and services offered thereto (collectively, the “Services”) and any related sites and various content owned and operated by Pay It Up LLC.  By becoming a Member, as defined herein, you are agreeing to these Terms, which constitute a legally binding contract with Pay It Up, LLC, a Pennsylvania limited liability company (“Pay It Up” or the “Company”). 

PLEASE READ THE TERMS CAREFULLY. BY USING THE SERVICES YOU AGREE TO BECOME LEGALLY BOUND TO THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE OR CONSENT TO THE TERMS, THEN YOU ARE NOT PERMITTED TO ACCESS THE SERVICES.

1. Modifications to Terms

Pay It Up may, in its sole discretion, modify the Terms and Conditions at any time. You agree that your access to and use of the Services is forever governed by the applicable Terms and Conditions effective at the time of your access and use of the Services. You are responsible for regularly reviewing information posted on the Site to review any changes or modifications to the Terms. YOUR CONTINUED USE OF THE SERVICES IS AN ACCEPTANCE BY YOU TO BE BOUND TO ANY MODIFIED TERMS AND CONDITIONS.

2. Use of Site and Services

Pay It Up permits authorized members who pay the annual membership fee the right to use the Services. You agree to not access, reproduce, duplicate, copy, sell, or otherwise disseminate the Services, without Pay It Up’s express, written consent. Pay It Up may modify, suspend or discontinue the Services in whole or in part in its sole discretion and shall not be held liable to any user, authorized member or third party for such modification, suspension or termination.

3. Member Use and Conduct

1. License. Subject to complete compliance with the Terms and Conditions, Pay It Up grants authorized users and members a nonexclusive, nontransferable, nonassignable, terminable license to use the Services. Your use of the services is at your own risk.
2. Member Accounts. You must create an Account to use the Services. You are responsible for all activities that occur in connection with your Account. You must notify Pay It Up immediately to report any unauthorized use of your Account. We reserve the right to close your Account at any time for any reason. You are responsible for updating and maintaining the truthfulness, accuracy and completeness of such information associated with your Account. You represent that any information provided to Pay It Up is accurate and that your business is a lawful business that is compliant with all applicable laws and regulations.
3. Impermissible Conduct. You agree to not use the Site or Services for any unlawful purpose or for any purpose that violates the Terms and Conditions. Such impermissible conduct includes, but is not limited to: (1) violations of the Terms and Conditions; (2) use of the Site and Services in any manner that violates any applicable law or that violates any third party’s rights; (3) use of the Site and Services to harass, threaten, impersonate or attempt to impersonate another person or entity; (4) misrepresentations of the the nature of your relationship with another individual or entity; (5) knowingly providing false information; or (6) selling or otherwise transferring your Account and/or any use of the Services.

4. Content

1. License Granted to Pay It Up. By submitting Content to the Site, you grant Pay It Up a royalty free, perpetual, irrevocable license to use, copy, modify, distribute and incorporate such Content into the Site.
2. Responsibility. You alone are responsible for your Content and once posted to the Site you assume all risks and liability associated with the Content, including its accuracy and reliability. You also assume all risks and liability associated with any third party personal information you disclose. By posting Content, you represent that you have the necessary permissions to post the Content and have verified the Content for accuracy. You may not state that Pay It Up endorses or otherwise has verified your Content. You may expose yourself to liability if your Content violates any third party rights or violates the Terms and Conditions.
3. Posting of Content. Pay It Up does not guarantee the accuracy, integrity or quality of any Content posted as a result of the Services. You acknowledge that Pay It Up and the Services it provides are simply a passive system which its authorized Members use to publish and distribute Content. You understand that all Content posted or otherwise transmitted through the Services are the sole responsibility of the originating person or entity. You understand that Pay it Up does not control and is not responsible for Content made available through the Service. In the event a debt is paid, it is your sole responsibility to update and remove your Content to reflect the payment. You agree that you must evaluate and bear all risks associated with use of the Content. You agree that you are responsible for compliance with all applicable laws and regulations.
4. Pay It Up Obligations. You acknowledge that Pay It Up has no obligation to screen, monitor or otherwise approve any Content.
5. Obligations between Parties. You acknowledge that it is your sole responsibility to post any Content to the Site and that it is your sole responsibility to remove the Content once any debt is satisfied. You agree to remove any Content from the Site within three (3) days of satisfaction of debt.
6. Third Party Contracts. Pay It Up is not responsible or liable for any contract between you and any third parties. When posting any Content, you agree that you completed the underlying unpaid services pursuant to the contract between you and the third party.
7. Pay It Up Reservations of Rights. Pay It Up reserves the right to review and remove any Content that it determines in its sole discretion violates the Terms and Conditions. Under no circumstances will Pay It Up be held responsible or liable for any Content including, but not limited to, Content that contains errors or confidential information for third parties. You and any third parties waive the right to bring any claim against Pay It Up in any way related to Content transmitted through the Services. Pay It Up is not responsible for any damages or liability based on a party’s reliance on any Content.
8. Reporting. You have the right to report Content which you believe violates these Terms and Conditions or is otherwise unlawful by sending an email to [INSERT]. You may be held liable for damages, including attorneys’ fees and costs for unlawful misrepresentations. In the event Pay It Up receives a report or complaint from any third party involving Content, Pay It Up reserves the right to remove the Content without the permission of the authorized Member or original account which posted the Content.
1. Third Party Complaints. Pay It Up is not responsible for any complaints from third parties. However, in the event of a third party complaint regarding the accuracy of Content, Pay It Up reserves the right to remove the Content without the permission of the authorized Member or account holder which posted the Content.
10. Non Compliance Fee. In the event Pay It Up learns that you have not removed Content within three days of satisfaction of the underlying debt, Pay It Up shall assess a non compliance fee in the amount of $25.00, which shall be paid to Pay It Up by you within thirty (30) days of notice from Pay it Up of the noncompliance.
11. Use of Notice. Prior to posting any Content, you agree that you have utilized Pay It Up’s Notice in its entirety as stated on the Site on any invoices or contracts between you and third parties. In the event your Account is terminated, either by you or by Pay It Up, you agree to refrain from any further use of the Notice. Use of the Notice after your Account is terminated shall be prosecuted to the full extent of the law by Pay It Up.

5. Disclaimers

READ THIS SECTION CAREFULLY AS IT LIMITS PAY IT UP’S LIABILITY. YOU UNDERSTAND YOU ARE GIVING UP LEGAL RIGHTS AND REMEDIES BY AGREEING TO THESE TERMS AND CONDITIONS.

1. The Services and Content are made available on an “as is” and “with all faults” basis. Your use of the Services, including posting of any Content is made at your own discretion and risk.
2. Pay It Up makes no representations or warranties as to the accuracy of reliability of the Services or any Content distributed through the Services, including the security of use of the Services.
3. Your sole remedy shall be termination and discontinuation of use of the Services and Pay It Up’s liability shall be limited to the maximum extent permitted by law.
4. Pay it Up has no control or duty to take action regarding what effects the Content may have on you and your business and shall not be held liable for the accuracy, copyright compliance, or compliance with any applicable laws, including the Fair Debt Collections Act.
5. Pay It Up does not have any knowledge of the services provided by you to any third party and does not have any knowledge of the underlying debt.
6. Pay It Up does not make any representation regarding the result that may be obtained from use of the Services.
7. You understand and agree that your access to the Content represents the value you receive from the Membership Fee. Therefore, to the extent Pay It Up is found liable under any circumstances, you agree that your damages will not exceed the equivalent of your Membership Fee.
8. You expressly acknowledge that Pay It Up contracts with a third party to process your payment of your Membership Fee. You understand and agree that neither a credit card processor nor any party involved with processing the credit cards shall be liable for any damages.
9. Nothing contained herein is intended, nor will be deemed to confer rights and remedies upon any third party.

6. Miscellaneous

1. Indemnification. You agree to indemnify, defend and hold harmless Pay It Up, any related companies, the officers, directors and attorneys from and against any and all third party claims, actions, demands, liabilities and expenses, including attorneys’ fees and costs of suit, in any way related to your use of the Services and your Content and any violation of the Terms and Conditions.
2. Governing Law. The Terms and Conditions and your relationship with Pay It Up will be governed by the laws of the Commonwealth of Pennsylvania without regard to choice of law provisions. You agree and consent to the exclusive jurisdiction of the state and federal courts located in Allegheny County, Pennsylvania.
3. Rights and Remedies of Pay It Up. If you breach any of the Terms and Conditions, Pay It Up may pursue any legal remedies available to it in law or in equity. Failure by Pay It Up to act on any legal remedies does not constitute a waiver of Pay It Up’s remedies.
4. Entire Agreement. The Terms and Conditions and any other agreements between you and Pay It Up constitutes the entire agreement between the parties. Additional terms and conditions may exist between you and third parties, which do not impact your agreement with Pay It Up.