Terms Of Service
This website is an online subscription service (the “Service”) owned and operated by 4 Payments Inc (“4Pay”) billing as 4payments.us Please carefully read and understand these Terms and Conditions prior to becoming a subscriber to the Service, as they constitute a binding legal agreement (the “Agreement”) by and between 4Pay and persons who elect to become subscribers to the Service (the “Subscribers”).
1. As a Subscriber to this Service you agree to be bound by each and every provision contained within this Agreement (the “Agreement”). This Agreement may be modified or amended by 4Pay at any time, and changes are effective upon notice to each Subscriber. Notices by 4Pay to Subscribers may be given via electronic messages through the Service, a posting on the Service, or by mail.
2. Subscriber’s subscription to the Service will be automatically renewed for the original term upon expiration of such term, unless 4Pay is notified via the billing companies online Customer Service Area that can be accessed by clicking here, 7 days prior to membership expiration. This is subject to two exceptions:
4Pay’s Day trial memberships will renew to a full monthly membership 24 hours after the join time. Subscriptions will not be renewed if subscriber cancels before this time and can provide proof of such cancellation via cancellation confirmation number. Cancellation guidelines are outlined below.
4Pay’s 5 DAY trial memberships will renew to a full membership 5 days after signup. Membership will not be renewed if subscriber cancels within initial 5 days and can provide proof of such cancellation via cancellation confirmation number. 5 Day Trial memberships MUST be cancelled within the initial 5 day period to avoid further billing. Cancellation for trial and full membership may ONLY be accomplished via the billing companies online Customer Service Website. You may access this website by clicking here. This service is available 24 hours a day, seven days a week. Upon cancellation of your account, you will receive a Cancellation Confirmation Number for your records. Website access will discontinue upon cancellation for Trial Subscribers.
Upon “upgrading” a Trial Subscription to a Full Membership, the subscriber acknowledges that 4Pay will bill the subscriber for a full monthly membership, and will thus continue as a full, re-occurring Member.
3. Subscribers will be charged a recurring subscription fee for the Service, and in some instances a one time fee for the Service, in accordance with 4Pay’s then-current billing terms.
4. Until such time as this Agreement is terminated in accordance with its provisions, the Subscriber agrees to pay his/her/its subscription fee by credit card (or other approved facility or mechanism), and hereby authorizes 4Pay to charge Subscriber’s credit card (or other approved facility or mechanism) for the ongoing subscription fee, and for any and all purchases or products and/or services purchased by Subscriber from the Service.
5. Subscription to the Service may be terminated at any time, and without cause, by 4Pay upon notification to the subscriber by electronic or conventional mail, or by telephone.
6. Subscriber agrees to immediately inform 4Pay of any of the following changes in his/her/its credit card account: Change in home or billing address; card loss or theft, or unauthorized usage of the card; apparent breach of security of Subscriber ID or password, such that unauthorized access to the Service via the card is possible. Unless Subscriber gives proper notice to 4Pay of same, Subscriber will remain liable to 4Pay for any and all charges for unauthorized use of the Service.
7. Under no circumstances, including, but not limited to, negligence, shall 4Pay or any of its related, affiliated companies be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Service. Subscriber specifically acknowledges and agrees that 4Pay is not liable for any defamatory, offensive or illegal conduct of any user, or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of or use of records, whether under contract or tort theory, or under any other cause of action, for any amount over and above the amount paid by Subscriber to 4Pay for the preceding twelve (12) months.
8. 4Pay has no responsibility for supplying Subscribers with computer equipment or communications connections necessary to access the Service. Subscribers are solely responsible for these items.
9. Subscriber hereby swears and affirms under oath, warrants and represents that he/she is at least eighteen (18) years of age (21 in some jurisdictions) and has the legal capacity to enter into agreements of this nature. 4Pay makes no representation or warranty that the content published on our website(s)complies with the local laws of your jurisdiction. You are solely responsible for knowing and understanding your local laws concerning standards of content legality for purposes of obscenity laws. You further represent and warrant that you understand the nature of the content published on our(web sites)namely, sexually explicit materials, and that you voluntarily and knowingly choose to view such material, and that such material does not offend or vex your sensibilities. Should you be unable to affirmatively make the representations and warranties contained herein, do NOT subscribe to this Service.
10. 4Pay MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE. SUBSCRIBER’S USE OF THE SERVICE IS AT HIS/HER OWN RISK. NEITHER 4Pay, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVER OR CONTENT, IS LIABLE FOR ANY DIRECT INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM YOUR ACCESS TO, USE OF, OR INTERPRETATION OF, THE SERVICE OR PRODUCTS OR SERVICES OR INFORMATION PROVIDED BY OR THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, 4Pay MAKES NO WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PURPOSE, OR NON-RESULTS OF THE USE OF THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
11. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
12. Upon becoming a Subscriber to the Service, 4Pay will provide the Subscriber with a unique ID and password which allows access to the Service. The ID and password is issued by 4Pay in the form of a revocable license and remain the property of 4Pay and constitute proprietary information and are the property of 4Pay IDs and passwords are non- transferable. Each Subscriber must keep his password strictly confidential. Remember your password! For security reasons, 4Pay will not release passwords for any reason, except as may be specifically required by law or court order. Transfer of any ID or password to another person or entity, or allowing any person or entity other than the Subscriber to access the Service via such Subscriber’s ID and password is strictly prohibited, and is a breach of this Agreement and a violation of law. Each account (username) is limit to no more than 10 logins a day over a 24 over hour period. The said period lasts from 12:00 midnight EST to 12:00 midnight EST
13. Notices by 4Pay to Subscribers may be given by means of electronic messages through the Service, by a general posting on the service, or by conventional mail. Notices by Subscribers may be given by electronic messages or conventional mail, unless otherwise specified in the Agreement.
All questions, complaints, or notices to 4Pay by means of electronic message must be directed to email@example.com
All questions regarding new 4Pay membership by means of electronic message should be directed to firstname.lastname@example.org
14. The Service is for the private, non- commercial enjoyment of Subscribers only. Any other use is prohibited.
15. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Service without prior written consent. Subscribers are responsible for information they send, or display through the Service even if a claim should arise after termination of service.
16. Subscriber agrees to indemnify and hold harmless 4Pay, their officers, directors, managers, members, agents and employees from or against any claims, losses, liabilities or expenses (including reasonable attorney’s fees) arising out of Subscriber’s breach of any term, condition or promise contained herein. Should any such claim for indemnification arise, or should any action be brought by Subscriber or 4Pay relating to any services or products offered by or through the Service, Subscriber agrees to submit to the personal jurisdiction of the courts of the State of Nevada.
17. There are no facilities provided by the Service for sending or receiving private or confidential electronic communications. All messages shall be deemed to be readily accessible to the general public. Do not use the Service for any communication for which the sender intends only the sender and the intended recipient(s) to read. Subscriber hereby acknowledges and agrees that all messages entered into this Service can and may be read by the operators of the Service, whether or not they are the intended recipient(s).
18. Except for public domain material and electronic messages, all material displayed on the Service is copyrighted by 4Pay, or is licensed under copyright by 4Pay, and may not be copied, redistributed, or downloaded, in whole or in part, without the prior written consent of 4Pay.
19. The Service enables Subscribers to share information with other Subscribers. Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, provincial, or local law, is prohibited and is a breach of this Agreement.
20. This Agreement sets forth the full and complete understanding between Subscriber and 4Pay with respect to its subject matter, and supersedes all prior understanding or agreements, whether written or verbal. This Agreement may be modified upon notice by 4Pay to its Subscribers. Unless contrary to law or otherwise stated, each provision of this Agreement shall survive termination. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Michigan for contracts entered into and wholly performed within that State. The prevailing party in any suit to enforce the terms hereof shall be entitled to recover his/her/its reasonable attorneys’ fees.
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4 Payments Inc
4825 SE 63rd Ave Portland OR 97206 USA