PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE & PRIVACY POLICY (THIS “AGREEMENT”) CAREFULLY BEFORE USING ANY SERVICES (AS DEFINED BELOW) OFFERED BY Pay-read.com (“Pay-read.com”, “WE” OR “US”) INCLUDING ANY OF OUR WEBSITES AND MOBILE APPLICATIONS (collectively, the “Services”). By accessing and using any of the Services, you are hereby agreeing to be legally bound by the terms and conditions of this Agreement. Use of and access to the Services is subject to the terms of this Agreement and all applicable laws and regulations. Please read this Agreement carefully. By accessing, viewing or otherwise using this website or mobile application you, on behalf of yourself and all of your authorized representatives (collectively, the “User” or “you”) agree to the terms and conditions of this Agreement. User and Pay-read.com are individually hereinafter referred to as a “Party” and collectively as the “Parties”.
1. Update to Terms of Use.
From time to time, Pay-read.com may without advance notice:
(a)
supplement or make changes to this Agreement and other rules or access and use procedures,
documentation, security procedures and standards for equipment related to the
Services,
(b) change the type and location of Pay-read.com’s system equipment,
facilities or software, or
(c) modify or withdraw any Service or any Pay-read.com database,
material, service or system. Any updates to this Agreement shall be posted within the
Service. User acknowledges its responsibility to review the Agreement’s terms and
conditions from time to time and to be aware of any such changes. Pay-read.com reserves the right
to terminate access to the Service or take other actions it reasonably believes necessary to
comply with the law or to protect its rights or those of its Users. Any access or attempt to
access or use a Service for any unauthorized or illegal purpose is strictly prohibited.
2. Services.
(a) Subject to the terms of this Agreement, Pay-read.com grants User a limited,
terminable, non-sublicensable, non-transferable, non-exclusive right to access and use the
Services on a personal computer or mobile device that User owns or controls in accordance
with the terms of this Agreement and as permitted by the applicable terms of service of the
mobile app store from where User downloaded any mobile application necessary to access the
Services and the specific usage rules set forth therein. Pay-read.com shall have no obligation to
support User’s use of the Services in the event that:
(i) User modifies the
Service (or any component thereof) without Pay-read.com’s prior written consent;
(ii)
any error is caused in whole or in part by persons other than Pay-read.com, including without
limitation, User’s failure to properly enter or transmit data; or
(iii) any error
is caused in whole or in part by User’s use of the Service in association with
operating environments and platforms other than those specified by Pay-read.com
(b) To the
extent that the Service incorporates any third-party software licensed by Pay-read.com, then, in
addition to the terms set forth herein, User must comply with any additional terms,
restrictions, or limitations applicable to such third-party software. Additionally, User
acknowledges that Pay-read.com shall have the right to subcontract performance of its hosting
services, credit card and payment processing services and other services, in which event the
service levels provided by any third-party hosting provider (including, without limitation,
any service levels that are stricter than the service levels offered by Pay-read.com), credit card
or payment processor or other service provider will be incorporated herein by reference.
(c) User shall procure, install and maintain all equipment, data plans, Internet connections and other hardware (other than the hardware constituting the support center maintained at Pay-read.com’s facilities) necessary for User to connect to and access the Service. Pay-read.com is not responsible for equipment defects, lack of service, or other issues arising from third party services or equipment. User is responsible for any applicable charges and fees associated with any data plan fees or other subscription charges or fees of any kind whatsoever that may be required by User’s carrier to access the Service.
3. User IDs.
User will comply with all Pay-read.com rules and regulations and security
restrictions in connection with use of the Service. Each User will be assigned a unique User
identification name and password for access to and use of the Service (“User
ID”). User shall be solely responsible for ensuring the security and confidentiality
of all User IDs. User acknowledges that it will be fully responsible for all liabilities
incurred through use of any User ID and that any transactions under a User ID will be deemed
to have been performed by User. Use of any User ID other than as provided in this Agreement
shall be considered a breach of this Agreement by User.
4. Proprietary Rights.
User acknowledges Pay-read.com’s proprietary rights in the Service
and associated documentation and shall protect the proprietary nature thereof. If User
suggests any new features, functionality or performance for the Service that Pay-read.com
subsequently incorporates into the Service (or any other software or service), User hereby
acknowledges that
(i) Pay-read.com shall own, and has all rights to use, such suggestions and
the Service (or any other service) incorporating such new features, functionality, or
performance shall be the sole and exclusive property of Pay-read.com; and
(ii) all such
suggestions shall be free from any confidentiality restrictions that might otherwise be
imposed upon Pay-read.com User shall not sell, lease, or otherwise transfer or distribute the
Service or its associated documentation, in whole or in part, without prior authorization in
writing from Pay-read.com In the event of any breach of this paragraph, User agrees that Pay-read.com will
suffer irreparable harm and shall therefore be entitled to obtain injunctive relief against
User.
5. Conduct Within Public Areas of Site.
The Service may contain e-mail services,
bulletin board services, forums, communities or other message or communication facilities
designed to enable Users to communicate and interact with other Users (the “Public
Areas”). User agrees to use the Public Areas only to post, send and receive messages
and materials that are proper and, when applicable, related to the particular Public Area.
Pay-read.com has no obligation to monitor the Public Areas, provided, however, Pay-read.com reserves the
right to review materials posted to the Public Areas and to remove any materials at any
time, without notice, for any reason and in our sole discretion. Pay-read.com reserves the right to
terminate or suspend User’s access to any or all of the Public Areas at any time,
without notice, for any reason whatsoever. User acknowledges that postings and other
communications posted in the Public Areas by other Users are not controlled or endorsed by
Pay-read.com, and such communications shall not be considered reviewed, screened or approved by
Pay-read.com Statements made in postings, forums, bulletin boards and other Public Areas reflect
only the views of their respective authors. Pay-read.com specifically disclaims any liability with
regard to the Public Areas and any actions resulting from a User’s participation in
any Public Areas. User acknowledges and agrees that User’s communications with other
Users via the Public Area or otherwise are public and not private communications, and that
User has no expectation of privacy concerning User’s use of the Public Areas. User
acknowledges that personal information that User communicates on the Public Areas may be
seen and used by others and result in unsolicited communications; therefore, Pay-read.com STRONGLY
ENCOURAGES USERS NOT TO DISCLOSE ANY PERSONAL INFORMATION ABOUT THEMSELF THROUGH THE PUBLIC
AREAS. Pay-read.com is not responsible for information that User chooses to communicate via the
Public Areas, or for the actions of other Users. Further, User grants Pay-read.com a non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to use, in the promotion of
Pay-read.com or the Service, any content that User posts on or in connection with a Public Area,
including, without limitation, the posting of such content on Pay-read.com’s social media
accounts.
6. User Information & Privacy; Data Retention and Collection.
(a) User grants to
Pay-read.com a non-exclusive license to copy, use and display any and all personally identifiable
data, information or communications sent, or entered by Users while accessing the Service
(“User Information”) solely to the extent necessary for Pay-read.com to provide the
Services, including, without limitation, communicating with Users, responding to requests
that User makes, to improve the Services and to better tailor the features, performance and
support of the Services, and to offer User’s additional information, opportunities,
and functionality. User agrees that Pay-read.com may provide the User Information to third party
service providers who work on behalf of or with us to provide some of the features of the
Services (“Service Providers”) and to help us communicate with you. However,
these Service Providers do not have any independent right to share this User Information
(except pursuant to a legal requirement such as a subpoena or warrant). User acknowledges
that Pay-read.com exercises no control whatsoever over the content of the User Information and it
is the sole responsibility of User, at its own expense, to provide the information, and to
ensure that the information Users transmit or receive complies with all applicable laws and
regulations now in place or enacted in the future. Pay-read.com is under no obligation, however, to
review User Information for accuracy, potential liability or for any other reason.
(b)
User agrees that Pay-read.com’s and any Service Provider’s obligation to keep or
maintain any User Information obtained in the course of performance of the Service shall not
extend beyond the expiration of thirty (30) days following the User’s ceasing use of
the Service. Pay-read.com will provide a copy of User Information in the hosted format (at
User’s expense) provided that User requests such copy, in writing, within ten (10)
days following the User ceasing to use the Service.
(c) Pay-read.com and any Service Providers
shall have the right to utilize data capture, syndication and analysis tools, and other
similar tools, to extract, compile, synthesize, and analyze any non-personally identifiable
data or information (including, without limitation, User Information) resulting from
User’s access and use of the Service (“Blind Data”). To the extent that
any Blind Data is collected by Pay-read.com or any Service Providers, such Blind Data shall be
solely owned by Pay-read.com or the Service Provider (as applicable) and may be used by Pay-read.com or
the Service Provider (as applicable) for any lawful business purpose without a duty of
accounting to User, including, without limitation, providing User with the opportunity for
User to benchmark itself against its peers, provided that the Blind Data is used only in an
aggregated form, without specifically identifying the source of the Blind Data. Without
assuming any obligations or liabilities of User, Pay-read.com agrees to, and shall procure that any
Service Providers agree to, use commercially reasonable efforts to comply with the
applicable U.S. laws and regulations respecting the dissemination and use such Blind
Data.
(d) As User navigates the Services, certain information may also be collected
passively, including your Internet protocol address, browser type, mobile device and
operating system. Pay-read.com and any Service Providers may also use “Cookies” and
navigational data like Uniform Resource Locators (URL) to gather information regarding the
date and time of your visit and the information for which you searched and viewed. This type
of information is collected to better understand how User’s use the Service and to
make the Services more useful to you. Most browsers are automatically set to accept Cookies.
If User would like more information about cookies and how to control and delete cookies in
various browsers, such as Internet Explorer, Firefox, Safari and Chrome, please visit
https://aboutcookies.org/.
(e) Except as otherwise stated in this Agreement, Pay-read.com does
not trade, rent, or share User’s “Personal Information” (ie. information
about a User that is personally identifiable to the User, such as name, address, email
address, phone number, social security number, employment details, answers to investor
suitability questions and credit card and payment information) with third parties, unless
you ask or authorize us to do so, provided, however, that Pay-read.com may provide User Information
and your Personal Information to Service Providers or to any third person as is required by
law, rule or regulation applicable to Pay-read.com, or by any court, governmental agency,
commission, authority, regulatory body, board or similar entity or body having jurisdiction
over Pay-read.com that has requested the information in accordance with its lawful authority.
However, these Service Providers do not have any independent right to share this information
(except pursuant to a legal requirement such as a subpoena or warrant).
(f) Pay-read.com uses
reasonable administrative, technical, personnel and physical measures to safeguard Personal
Information in Pay-read.com’s possession against loss, theft and unauthorized use, disclosure
or modification, provided, however, User acknowledges and agrees that no website,
application or Internet transmission is completely secure. Accordingly, Pay-read.com cannot
guarantee that unauthorized access, hacking, data loss, or other breaches will never occur
and cannot be held liable for any unauthorized access or use of the User’s data.
User’s use of the Services is at User’s own risk.
(g) If Pay-read.com or its
assets are acquired by a third-party, that third-party will possess the User Information and
Personal Information collected by Pay-read.com and it will assume the rights and obligations
regarding User Information and Personal Information as described in this Agreement.
Additionally, Pay-read.com may disclose User Information and Personal Information if Pay-read.com believes
in good faith that such disclosure is necessary to
(i) comply with relevant laws or to
respond to subpoenas or warrants served on us; or
(i) to protect and defend the rights
or property of us, users of the Services or third parties. By using the Services, you hereby
agree and consent to the transfer or assignment of your User Information and Personal
Information as provided herein, and you further waive any claims that could be made against
us in relation thereto.
(h) Pay-read.com offers you choices regarding the collection, use and
sharing of your Personal Information. When you receive communications from us, you may
indicate a preference to stop receiving further communications from us and you will have the
opportunity to “opt-out” by following the unsubscribe instructions provided in
the email you receive or by contacting us directly (please see contact information below).
You may change any of the Personal Information in your Service profile by editing your
information in your profile.
7. Location Data.
Pay-read.com may collect, maintain, process and use a User’s location
data, including the real-time geographic location of a User’s mobile device as
necessary to provide the Services’ full functionality. By using or activating any
location-based services on a mobile device, User agrees and consents to Pay-read.com’s
collection, maintenance, publishing, processing and use of User’s location data to
provide user with the Services. Pay-read.com does not collect location data in a form that
personally identifies Users. User may withdraw this consent at any time by turning off the
location-based feature on a mobile device or by not using any location-based features.
Turning off or not using these features may impact the functionality of the Service.
Location data provided by the Service is for basic navigational purposes only and is not
intended to be relied upon in situations where precise location information is needed or
where erroneous, inaccurate or incomplete location data may lead to death, personal injury,
property or environmental damage. Use of real time route guidance is at the User’s
sole risk. Location data may not be accurate. Pay-read.com does not guaranty the availability,
accuracy, completeness, reliability or timeliness of information or location displayed by
the Service.
8. User Restrictions.
User agrees not to:
(i) copy, decompile, reverse engineer,
disassemble, attempt to derive the source code, modify or create derivative works of the
Service or any Service related documentation;
(ii) upload or distribute in any way
files that contain viruses, trojans, worms, time bombs, logic bombs, corrupted files, or any
other similar software or programs that may damage the operation of the Service or
another’s computer;
(iii) use the Service for illegal purposes;
(iv) violate
or attempt to violate the security of the Service and from using the Service to violate the
security of other websites by any method;
(v) access data not intended for User or
logging into a server or account which User is not authorized to access;
(vi) interfere
or disrupt networks connected to the Service;
(vii) upload, post, promote or transmit
through the Service any unlawful, harassing, libelous, abusive, threatening, harmful,
vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any
kind or nature;
(viii) upload amounts of data and/or materials in excess of any limits
specified by Pay-read.com from time to time and not to create large numbers of accounts or
otherwise transmit large amounts of data so as to clog the Service or comprise a denial of
service attack or otherwise so as to have a detrimental effect on the Services; or
(ix)
upload, promote, transmit or post any material that encourages conduct that could constitute
a criminal offence or give rise to civil liability. Pay-read.com may take whatever remedial action
it determines in its sole discretion is appropriate if User violates these restrictions,
including, but not limited to, immediate suspension or cancellation of the Service. Pay-read.com
operates the Service from its headquarters in the United States. If User uses the Service
outside of the United States, User is responsible for following applicable local laws and
determining, among other things, whether User’s use of the Service violates any of
those local laws.
9. Electronic Disclosures & Transactions.
Because Pay-read.com operates only on the
Internet or as a mobile application, it is necessary for Users to consent to transact
business with Pay-read.com electronically. As part of doing business with Pay-read.com we also need Users
to consent to Pay-read.com giving User certain disclosures electronically. By agreeing to this
Agreement and use of the Service, User agrees to receive electronically all documents,
communications, notices, contracts, and agreements arising from or relating to User’s
use of the Service, including User’s registration as an investor through our Service
(each, a “Disclosure”). Any Disclosures will be provided to User electronically
through the Service or via electronic mail to the email address User provided. If User
requires paper copies of such Disclosures, User may request a paper copy will be sent to you
at a cost of up to $50.00 per document requested. Pay-read.com may discontinue electronic provision
of Disclosures at any time in Pay-read.com’s sole discretion. User’s consent to receive
Disclosures and transact business electronically, and Pay-read.com’s agreement to do so,
applies to any transactions to which such Disclosures relate. User’s consent will
remain in effect for so long as you are a User and, if you are no longer a User, will
continue until such a time as all Disclosures relevant to transactions that occurred while
you were a User have been made.
10. Payment Processing.
(a) Pay-read.com, or a third-party partner, may process payment
transactions on behalf of Users through the appropriate bank, credit card or debit card
network, or other services as applicable, including cryptocurrency. When a User chooses to
use the Service to make a payment the User hereby consents to any third party escrow agent
appointed by Pay-read.com facilitating and/or processing payments made or received through the
Service, including, without limitation, the consent to access, charge or debit a
payor’s credit card, debit card, bank account or other payment mechanism.
11. Disclaimer of Warranties.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Pay-read.com MAKES NO REPRESENTATION OR WARRANTY (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY MERCHANTABILITY, OR NONINFRINGEMENT. Pay-read.com DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE. USER ASSUMES THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO USER’S EQUIPMENT WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN ANY SERVICE, ANY Pay-read.com INFORMATION, PRODUCT, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. USER ALSO ACKNOWLEDGES THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE Pay-read.com WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, Pay-read.com DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. USER’S INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. USER SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH USER PARTICIPATES USING Pay-read.com’S WEBSITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
12. Limitation of Liability.
IN NO EVENT SHALL Pay-read.com OR ANY SERVICE PROVIDER BE LIABLE
FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER IT WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
13. Indemnification.
By accessing this Service, User agrees to indemnify, defend, and
hold harmless Pay-read.com and its affiliates and each of their respective directors, officers,
employees, agents, licensors, advisors, independent contractors and providers (collectively
referred to herein as “Indemnified Parties”) from and against any and all
claims, losses, expenses or demands of liability, including attorneys’ fees and costs
incurred by any Indemnified Party in connection with any claim (including any third-party
intellectual property claim) arising out of:
(i) information, materials and content
submitted, posted or transmitted by User on or through the Service,
(ii) User’s
use of the Service, and
(iii) User’s breach of any provision of this Agreement.
User further agrees that User will cooperate with Pay-read.com as is reasonably required in the
defense of any such claims. Pay-read.com, on behalf of each Indemnified Party, reserves each
Indemnified Part’s right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to User’s foregoing indemnification
obligations, and User shall not, in any event, settle any claim or matter without the
written consent of Pay-read.com and each Indemnified Party named as a party in such claim.
14. Term; Termination
(a) This Agreement shall commence upon Pay-read.com providing User with
access to the Service and shall continue until a Party provides notice of its termination of
this Agreement.
(b) Upon termination of the Agreement for any reason, User’s
right to use the Service shall immediately cease. Termination of this Agreement shall not
relieve either party of any obligation accrued prior to the termination date or which by its
nature should survive any termination of this Agreement.
15. Confidential Information.
(a) “Confidential Information” means the
Service, its associated documentation, Pay-read.com’s pricing for the Service, and other
information and documentation disclosed by Pay-read.com under this Agreement that is designated as
confidential or that by its nature would reasonably be expected to be kept
confidential.
(b) Notwithstanding the previous paragraph, Pay-read.com’s Confidential
Information shall not include information that
(i) is or becomes publicly available
through no act or omission of User; or
(ii) was in User’s lawful possession prior
to the disclosure and had not been obtained by User either directly or indirectly from
Pay-read.com; or
(iii) is lawfully disclosed to User by a third party not bound by a duty of
non-disclosure; or
(iv) is independently developed by User without access to or use of
the Confidential Information. (c) User agrees to hold the Confidential Information in
confidence. User agrees not to make the Confidential Information available in any form to
any third party or to use the Confidential Information for any purpose other than performing
its obligations or enjoying its rights under this Agreement. User agrees to use the same
degree of care that it uses to protect its own confidential information of a similar nature
and value, but in no event less than a reasonable standard of care, to ensure that
Confidential Information is not disclosed or distributed by its employees or agents in
violation of the provisions of this Agreement. User represents that it has, with each of its
employees who may have access to any Confidential Information, an appropriate agreement
sufficient to enable it to comply with all of the confidentiality terms hereof.
(d)
Notwithstanding the foregoing, User may disclose the Confidential Information to the extent
that such disclosure is required by law or court order, provided, however, that User
provides to Pay-read.com prior written notice of such disclosure and reasonable assistance in
obtaining an order protecting the Confidential Information from public disclosure.
(e)
After termination or expiration of this Agreement, User shall return to Pay-read.com any
Confidential Information in User’s possession or control.
16. Regarding Children
Pay-read.com’s Services are not directed toward anyone under the
age of 18. If User is under the age of 18, User may not create a user profile or register
for the Services. If you are a parent or guardian who has discovered that your child has
submitted his or her Personal Information without your permission or consent, Pay-read.com will
take reasonable steps to promptly remove that information from Pay-read.com’s database at
your request. To request removal of your child’s information, please contact us.
17. Miscellaneous
(a) Relationship Between The Parties. This Agreement shall not be
construed as creating any agency, partnership, joint venture, or other similar legal
relationship between the Parties; nor will either Party hold itself out as an agent,
partner, or joint venture party of the other party.
(b) Compliance With Law. Each Party
shall comply with all applicable laws and regulations of governmental bodies or agencies in
its performance under this Agreement.
(c) Notice. Whenever notice is required to be
given under this Agreement, such notice shall be in writing and shall be addressed to the
recipient at the Notice Address of such Party, or to such other address as the addressee
shall have last furnished in writing to addressor.
(d) Waiver. No waiver shall be
implied from conduct or failure to enforce rights. No waiver shall be effective unless in a
writing signed by both Parties.
(e) Severability. If any provision of this Agreement is
held to be invalid, void or unenforceable, such provision shall be deemed to be restated to
reflect as nearly as possible the original intentions of the parties in accordance with
applicable law, and the remaining provisions of this Agreement shall remain in full force
and effect.
(f) Assignment. User may not assign or delegate any of its rights, interest
or obligations hereunder, whether by operation of law or otherwise, without the prior
written consent of Pay-read.com. The sale of a controlling interest in User through a single
transaction or a series of transactions shall be deemed an assignment hereunder for which
Pay-read.com’s consent is required. Pay-read.com may assign and delegate this Agreement to
successors in the event of a merger, acquisition or other change in control. This Agreement
shall bind and inure to the benefit of the parties and their respective successors and
permitted assigns.
(g) Governing Law; Arbitration. This Agreement and all claims
related to it, its execution or the performance of the parties under it, shall be construed
and governed in all respects according to the internal laws of the State of Delaware without
regard to the conflict of law provisions thereof. User hereby waives any right to bring any
claim against Pay-read.com in court (including any right to a trial by jury), except as provided by
the rules of the arbitration forum in which a claim is filed. User waives any right it may
have to start or participate in, and agrees to opt out of, any class action against Pay-read.com
arising from or relating to the Services or this Agreement. Any controversy or claim arising
out of or relating to an alleged breach of this Agreement or the operation of this Service
shall be settled by binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association before a single arbitrator. Any such controversy or
claim shall be arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The arbitration shall be
conducted in Delaware, and the language of such arbitration shall be English. Pay-read.com may seek
any interim or preliminary relief from a court of competent jurisdiction in Delaware,
necessary to protect Pay-read.com’s rights or property pending the completion of arbitration.
The arbitrator shall not have the authority, power, or right to alter, change, amend,
modify, add, or subtract from any provision of this Agreement. The arbitrator shall have the
power to issue mandatory orders and restraining orders in connection with the arbitration.
The award rendered by the arbitrator shall be final and binding on the parties, and judgment
may be entered thereon in any court of competent jurisdiction.
(h) Force Majeure. Pay-read.com
shall not be in default or otherwise liable for any delay in or failure of its performance
under this Agreement where such delay or failure arises by reason of any Act of God, or any
government or any governmental body, war, insurrection, acts of terrorism, the elements,
strikes or labor disputes, or other similar or dissimilar causes beyond Pay-read.com’s
control. User acknowledges that the performance of certain of Pay-read.com’s obligations may
require the cooperation of third parties designated by User and outside the control of Pay-read.com
In the event such third parties fail to cooperate with Pay-read.com in a manner that reasonably
permits Pay-read.com to perform its obligations, such failures shall be consider as causes beyond
the control of the Pay-read.com for the purposes of this Section and shall not be the basis for a
determination that Pay-read.com is in breach of any of its obligations under this Agreement or is
otherwise liable.
(i) Entire Agreement. This Agreement shall constitute the complete
agreement between the Parties and supersedes all previous agreements or representations,
written or oral, with respect to the subject matter hereof.
(j) Contacting Us. If you
think that the use of your Personal Information is not in alignment with the purpose for
which you have provided it to Pay-read.com, or if you have any questions or suggestions regarding
this Agreement or the Service, please contact us.