TERMS OF USE

TERMS OF USE AND CONDITIONS OF SALE

OVERVIEW

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (see Sections 13 AND 14).  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://payments-university.com/ and/or https://paymentsuniversity.wayve.me, including any sub-domains thereof, affiliated websites, and mobile applications (collectively, the “Website”), which are owned and maintained by Payments University, LLC (“Payments University,” “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth below.  Please read them carefully.  We offer the Website, including all information, tools, products, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By accessing, using, or placing an order over the Website, you agree to the terms set forth herein.  If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 15 OR IF YOU OPT-OUT.  PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.

These Terms govern your use of the Website and any product, program, coaching, mentorship, or enrollment you purchase through the Website. Payments University separately operates an online community hosted on a third-party platform (the "Community"). Access to and use of the Community is governed by the Community's own Terms of Service and the Additional Community Terms attached thereto (collectively, the "Community Terms"), which are a separate agreement between you and Payments University. The Community Terms are not incorporated into these Terms, and these Terms are not incorporated into the Community Terms.

You may be a party to both these Terms and the Community Terms at the same time, and each applies to its own subject matter. To the extent a provision of these Terms and a provision of the Community Terms address the same subject matter and cannot both be given effect, the following order of precedence applies: (a) as to your use of the Website and any product, program, or enrollment purchased through the Website, these Terms control; and (b) as to your membership in, access to, conduct within, and membership fees for the Community, the Community Terms control. Nothing in the Community Terms waives, releases, reduces, or supersedes any payment obligation, non-cancellable enrollment commitment, or installment payment plan you have incurred under these Terms.

You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our Website.  It is your responsibility to check this page periodically for changes.  YOUR CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING ACCEPTANCE OF THOSE CHANGES. 

TABLE OF CONTENTS

1.Website Use

2.PRIVACY & SECURITY DISCLOSURE

3.GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS 

4.NO SOLICITATION OR PROMOTION OF COMPETING SERVICES

5.NO BUSINESS OPPORTUNITY, INVESTMENT RECOMMENDATIONS OR PERSONAL ADVICE

6.YOUR UNDERSTANDING OF RISK AND YOUR RESPONSIBILITIES

7.EDUCATION DISCLOSURE

8.MODIFICATIONS TO THE WEBSITE AND PRICES 

9.PAYMENT; SUBSCRIPTION BILLING

10.ORDER PLACEMENT AND ACCEPTANCE

11.REFUNDS 

12.SOCIAL MEDIA

13.DISCLAIMER OF WARRANTIES

14.LIMITATIONS OF LIABILITIES

15.Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

16.INDEMNIFICATION

17.THIRD-PARTY WEBSITES AND LINKS

18.TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS 

19.DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

20.ELECTRONIC COMMUNICATIONS 

21.ASSIGNMENT 

22.NO WAIVER 

23.SEVERABILITY 

24.TERMINATION

25.ENTIRE AGREEMENT 

26.QUESTIONS OR ADDITIONAL INFORMATION 

TERMS

WEBSITE USE

By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence.  If you use the Website, you affirm that you have the legal capacity to enter into a binding contract with us, have read this Agreement, and understand and agree to its terms.

PRIVACY & SECURITY DISCLOSURE

Our Privacy Policy may be viewed here. The Privacy Policy is incorporated into these Terms by reference and constitutes a part of these Terms.

GENERAL CONDITIONS AND WEBSITE USER CONDUCT RESTRICTIONS

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws.  You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner or for any unlawful purpose.  You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing abusive, vulgar, obscene, or defamatory material; (3) soliciting others to perform or participate in any unlawful acts; (4) violating any international, federal, provincial or state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our intellectual property rights or the intellectual property rights of others; (6) harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7) submitting false or misleading information; (8) uploading or transmitting viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website; (9) collecting or tracking the personal information of others; (10) interfering with or circumventing the security features of the Website; or (11) committing any other unlawful act.

Payments University reserves the right to terminate your access to the Website or any of its services if it determines that you (1) do not comply with these Terms; (2) provide false, inaccurate, or incomplete information during our registration process; (3) engage in any conduct that would otherwise harm any of Payments University’s rights or interests in its Website, services, or other property; or (4) for any or no reason whatsoever without prior notice to you. Payments University may take any other actions necessary in this regard or seek any remedies permitted by law.

No Solicitation or PROMOTION OF COMPETING SERVICES

To protect the member experience and community associated with Payments University, you agree not to use the Website, products, services, community features, member relationships, or contact information obtained through Payments University (collectively, the "Services") to advertise, market, promote, sell, or solicit any competing product, service, course, coaching program, mentorship, software, signal service, membership, community, or other trading- or investing-related offering.

This restriction applies to all activity conducted through the Services, including chats, comments, direct messages, live sessions, and any off-platform communications made possible through access to the Services.

You may not use the Services to recruit customers, generate leads, build mailing lists, direct members to external groups or websites, or otherwise circumvent this policy through free, trial, educational, beta, or similar offerings intended to later market or sell a Competing Offering.

For purposes of these Terms, this means any product, service, program, software, tool, indicator, alert service, signal service, mentorship, coaching, course, membership, community, or educational offering relating to trading, investing, market education, or trader development that is the same as, substantially similar to, or a reasonable substitute for any offering provided by Payments University. Payments University reserves the right to determine, in its reasonable discretion, whether an offering constitutes a Competing Offering.

Payments University reserves the right, in its sole discretion, to remove content, restrict access, suspend or terminate accounts, and pursue any other remedies available under these Terms for violations of this section.

No BUSINESS OPPORTUNITY, INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE

We do not offer a business opportunity, a ready-made business, or a “business in a box.”  Payments University also does not provide personalized business plans or business advice. Neither the Website nor any of Payments University’s products or services are intended to provide tax, legal, insurance, or investment advice. None of the content provided on the Website or through any of Payments University’s products or Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any business or business strategy. You alone are solely responsible for determining whether any investment, strategy, business, or any other product or service, is appropriate or suitable for you based on your objectives and personal and financial situation. You should consult an advisor, attorney, or tax professional regarding your particular financial situation, strategies, or specific legal or tax situation.

You understand that an investment or any business you may participate in on your own is subject to a number of risks and that discussions of any strategies published on the Website will not contain a list or description of relevant risk factors.

You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Website are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.

From time to time, our Website may reference prior videos, articles, or opinions that we have shared. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets and businesses change continuously, previously shared information and data may not be current and should not be relied upon.

All content on the Website is presented only as of the date published or indicated and may be superseded by subsequent events or for other reasons. In addition, you are responsible for remaining up to date in connection with any business in which you may participate.

YOUR UNDERSTANDING OF RISK AND YOUR RESPONSIBILITIES

You understand and agree that active participation in the education and understanding of the materials are required, including, but not limited to, making best efforts to attend all scheduled meetings, and to be actively engaged.  The services provided are challenging by nature, and you understand and agree that Payments University makes no guarantee you will not encounter challenges in understanding or implementing the services or the education provided. When challenges arise, we expect you to communicate with Payments University.  Payments University will not complete assignments for you and all work is your responsibility.  It is your sole responsibility to engage with Payments University and implement the education. If you behave in a disruptive manner, Payments University may remove you from the services and the education at any time at its sole discretion.

You are responsible for providing true and accurate information during the onboarding process and during receipt of education. 

No Outcome Guarantee. Payments University assumes no responsibility for the outcome, result, or success of the services or education, and does not guarantee specific results, financial gain, income, or outcome.  Success depends in part on the time you devote, your implementation of the guidance, strategies and support received, along with your finances, knowledge, and various skills. Even if you devote substantial effort and resources to success, you still may not succeed.

You may be granted access to social media groups for additional education and materials. The intent of such groups is to facilitate the coaching relationship, improve accountability, encourage members, celebrate achievements, and create a community for clients. If Payments University deems your behavior or content inappropriate, harmful, or offensive in any way, your access and your services may be terminated.

EDUCATION DISCLOSURE 

Payments University is a privately-owned for profit company that provides general business education, and this Website is for general education and informational purposes only. It is not, and is not affiliated with any, educational institutions or other accredited entities. Payments University does not register students, does not offer accredited courses or programs of study, and does not grant a degree or diploma upon completion of our programming. As such, Payments University does not intend to provide, or purport to provide, in any way, education, course materials, or training that is required by any law or employer, and is not intended nor implied to be a substitute for education provided by an accredited entity. You assume full responsibility for how you choose to use the information provided by Payments University. Payments University does not provide any guarantee regarding the amount of success subscribers could or will have trading securities, nor any guarantee regarding ability to get or create jobs upon completion of our programs.

MODIFICATIONS TO THE WEBSITE AND PRICES

We reserve the right to modify or discontinue access to the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third party for any modification, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website.  

All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited. 

PAYMENT; SUBSCRIPTION BILLING; PAYMENT PLANS

All charges are in U.S. Dollars.

Payments University offers products and services at a range of price points and under different payment structures, including (i) recurring subscription memberships, (ii) one-time purchases, and (iii) higher-priced programs, coaching, mentorship, or enrollments payable either in full or through an installment payment plan (each, a "Program"). The specific price, payment structure, billing frequency, number of installments, and term applicable to your purchase will be presented to you at the time of checkout or in a separate enrollment agreement, order form, or written addendum, and those terms are incorporated into and form part of these Terms. In the event of a direct conflict between these Terms and a signed enrollment agreement or order form for a specific Program, the enrollment agreement or order form controls as to that Program only.

By submitting payment information to us, you represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any payment card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

Authorization for Recurring and Installment Charges. By purchasing a subscription or electing an installment payment plan, you expressly authorize Payments University and its third-party payment processors to charge the payment method you provide at checkout, on a recurring basis and without further authorization from you, for each subscription renewal or scheduled installment payment until the applicable subscription is cancelled in accordance with these Terms or the installment plan is paid in full. You agree that this authorization constitutes your electronic signature and satisfies any requirement that such authorization be in writing. It is your responsibility to keep a valid, current payment method on file for the duration of your subscription or payment plan.

We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly. Your credit card issuer may give you the right to opt-out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt-out of your credit card's updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

Subscriptions. If you sign up for one or more of our subscriptions, the payment card that you provide at checkout will be billed when you checkout and automatically billed thereafter in accordance with the subscription terms you agreed to, unless you cancel at least three (3) business days prior to the next billing date. You may cancel at any time by emailing [email protected]. Cancellation requests received fewer than three (3) business days before the next billing date will take effect for the following billing period, and the upcoming charge will still be processed. Cancellation takes effect at the end of the then-current billing period. Cancellation does not entitle you to a refund of any amount already charged, and does not relieve you of any past-due balance.

Payment Plans; Non-Cancellable Obligation. If you elect to pay for a Program in installments, you acknowledge and agree that: (i) the installment plan is a payment convenience only and does not reduce, divide, or condition your obligation to pay the full purchase price of the Program; (ii) your obligation to pay the full purchase price is a binding, non-cancellable financial commitment incurred at the time of enrollment, and is not contingent on your continued participation, attendance, engagement, satisfaction, or results; (iii) discontinuing participation, ceasing to access the materials, requesting removal from any community or group, or otherwise abandoning the Program does not cancel, suspend, reduce, or terminate your payment obligation; and (iv) all remaining scheduled installments will continue to be charged to your payment method on the agreed schedule until the balance is paid in full.

Failed Payments; Default; Acceleration. If any subscription payment or scheduled installment is declined, reversed, or otherwise not received when due, we may, in our sole discretion and without waiving any other right or remedy: (i) reattempt the charge on the same or any other payment method you have provided; (ii) suspend or restrict your access to the Website, the Program, any community features, and any materials until the delinquency is cured; (iii) assess interest on any amount not received within ten (10) days of its due date, accruing at the maximum rate of interest permitted by applicable law; (iv) declare the entire remaining unpaid balance of the Program immediately due and payable in full; and/or (v) refer the account for collection. Suspension of access for non-payment does not reduce or extinguish amounts owed, and does not extend the term of your Program. You agree to reimburse Payments University for all reasonable costs of collection, including collection agency fees, court costs, and reasonable attorneys' fees, to the fullest extent permitted by applicable law.

Third-Party Financing. If you fund any purchase through a third-party lender, financing provider, or buy-now-pay-later service, your agreement with that provider is separate from these Terms. Payments University is not a party to that agreement and is not responsible for its terms, its approval decisions, its fees, or its collection practices. Your obligations to that provider are independent of, and continue regardless of, any dispute you may have with Payments University.

Chargebacks. You agree to contact Payments University at [email protected] and attempt in good faith to resolve any billing concern before initiating a chargeback, payment dispute, or reversal with your bank, card issuer, or payment provider. You acknowledge that initiating a chargeback for a charge that is valid under these Terms constitutes a breach of this Agreement. In the event of any chargeback or payment dispute, we may suspend or terminate your access to the Website, the Program, and all materials immediately and without notice, and we reserve the right to pursue recovery of the disputed amount together with any associated fees, costs, and reasonable attorneys' fees, and to refer the balance for collection.

Taxes. All prices are exclusive of any applicable sales, use, VAT, GST, or similar taxes. You are responsible for all such taxes assessed on your purchase, other than taxes based on Payments University's net income.


ORDER PLACEMENT AND ACCEPTANCE

Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve the right to accept or decline any order, enrollment, or application from anyone for any reason, in our sole discretion. Certain Programs may additionally require an application, interview, qualification call, or acceptance decision by Payments University prior to enrollment, and submission of payment does not guarantee acceptance into any such Program. In the event we decline your order or do not accept you into a Program, we will refund any amount collected to your original form of payment, and such refund shall be your sole and exclusive remedy. You understand and agree that we will not be liable for any losses or damages that may result from our refusal to provide you any product or service. We reserve the right to require additional information before processing any order.

REFUNDS

All Sales Final. Except as expressly provided in this Section or as required by applicable law, all payments to Payments University are non-refundable and all sales are final. This applies to subscription payments, one-time purchases, deposits, enrollment fees, and installment payments alike. Because Payments University delivers digital educational content, community access, coaching, and live instruction, access and value are conferred immediately upon purchase and cannot be returned.

Subscriptions. When you cancel your subscription, you will retain access to the applicable product or service through the end of the then-current subscription period. Partial-period refunds and prorated refunds are not provided.

Programs and Payment Plans. For Programs purchased in full or through an installment plan, no refund will be issued on the basis of non-participation, non-attendance, failure to access materials, change of circumstance, change of mind, dissatisfaction with results, or voluntary withdrawal. Amounts already paid are non-refundable and any remaining balance remains due in accordance with the "Payment Plans; Non-Cancellable Obligation" and "Failed Payments; Default; Acceleration" provisions above. Payments University does not offer transfers of enrollment to another person except with our prior written consent.

Suspension or Termination for Cause. No refunds will be issued in the event we, in our sole discretion, suspend, limit, or terminate your access to the Website or any of our products and services, including for violation of these Terms, non-payment, or disruptive conduct.

No Responsibility for Your Business Results. Payments University does not cover any losses you may incur because of your business practices. Payments University possesses no knowledge regarding the amount of money you invest or your risk tolerance in your own business. Payments University has no responsibility for the money you make or lose because of any financial decisions you make at your own discretion. You are solely responsible for understanding and appreciating the inherent risks associated with operating a business before using Payments University's services or accessing our Website.

Advertised Money-Back Guarantees. From time to time, Payments University may advertise a money-back guarantee in connection with the purchase of a particular product, Program, or service. The terms, eligibility conditions, and duration of that guarantee will be stated at the time of purchase and may differ by product. Any such guarantee applies only to the specific product or Program for which it is offered, applies only within the stated period, and may require documented completion of specified coursework, attendance, or implementation steps as a condition of eligibility. Regardless of the specific terms of any advertised money-back guarantee, the guarantee shall only be available for the stated period and no refund request submitted after that period will be honored. Additionally, customers who elect a refund under any money-back guarantee and then repurchase or resubscribe to the same or a substantially similar product, Program, or service within a twelve (12) month period will not be entitled to any applicable money-back guarantee on that subsequent purchase. A customer who receives a refund under a money-back guarantee immediately forfeits all access to the applicable materials, community, and Program, and the license granted under these Terms terminates.

SOCIAL MEDIA

This section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may use (“Social Media Presence”). 

The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use.  The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Payments University, and we have no obligation to monitor or remove user comments.  If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

DISCLAIMER OF WARRANTIES

EXCEPT WHERE PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.  WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, SUBJECT TO THE LIMITATIONS SET FORTH IN ANY PRODUCT WARRANTY POLICIES, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS OF LIABILITIES

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL Payments University OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY FEES OR COSTS, ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Payments University HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, OR COSTS.  THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES.  THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Payments University IS FOUND LIABLE UNDER ANY THEORY, PAYMENTS UNIVERSITY’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00.  THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER PAYMENTS UNIVERSITY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS.  SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS PROVISION CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND PAYMENTS UNIVERSITY ON AN INDIVIDUAL BASIS.

YOU AGREE THAT ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, PAYMENTS UNIVERSITY’S PRIVACY POLICY OR TERMS, PAYMENTS UNIVERSITY’S ADVERTISING OR MARKETING PRACTICES, OR PAYMENTS UNIVERSITY’S PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT (“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE OF TENNESSEE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF, INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND PAYMENTS UNIVERSITY AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT PAYMENTS UNIVERSITY’S CONSENT. THE ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU AGREE THAT PAYMENTS UNIVERSITY HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE STATE OR FEDERAL COURTS OF DAVIDSON COUNTY, TENNESSEE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF PAYMENTS UNIVERSITY’S INTELLECTUAL PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION IN SUCH COURTS.  YOU IRREVOCABLY CONSENT TO JURISDICTION AND VENUE IN SUCH COURTS.

UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON.  OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH, OR FIRST ACCESSED, PAYMENTS UNIVERSITY’S WEBSITE, WHICHEVER OCCURRED EARLIER, BY SENDING A LETTER TO: PAYMENTS UNIVERSITY ATTN. LEGAL DEPARTMENT, 1200 Clinton St, ste 205, Nashville, TN 37203, STATING YOUR NAME, THE PRODUCT YOU PURCHASED (IF APPLICABLE), AND YOUR INTENT TO OPT OUT OF ARBITRATION.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Payments University, its parent, subsidiaries, predecessors, successors and affiliates, and their respective partners, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any and all claims, actions, losses, liabilities, damages, expenses, demands and costs of any kind, including, but not limited to, reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement; (2) your breach of any representations or warranties in this Agreement; (3) your alleged or actual violation of any law or the rights of a third-party; or (4) your actions or failures to act, or alleged actions or alleged failures to act.

THIRD-PARTY WEBSITES AND LINKS

Our Website may include materials from third-parties or links to third-party websites.  We are not liable for any third-party materials or websites.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.  Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party. 

TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS 

Payments University is pleased to hear from users and customers and welcomes your comments regarding our services and products. You agree that anything you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and that we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form. You agree that any Submission that you provide us is true and accurate in all respects and does not infringe or interfere with the intellectual property rights of any third party. You agree that Payments University may use a Submission, in whole or in part, together with the name of the person submitting it. You agree that Submissions, including testimonials, may be used for any form of advertising relating to Payments University’s products or services, in printed and online media, as Payments University determines in its absolute discretion.  These testimonials do not represent the generally expected user experience.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE; INTELLECTUAL PROPERTY RIGHTS

DMCA Notice

This Website maintains specific contact information provided below, including an email address, for notifications of claimed infringement regarding materials posted to this Website.  All notices should be addressed to the following contact person:

Notification of Claimed Infringement: 

Payments University 

Attn:  DMCA/Copyright Agent

1200 Clinton St, ste 205, Nashville, TN 37203

Tel: 6159550098

Email: [email protected]

You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints.  If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed. 

In notifying us of alleged copyright infringement, the Digital Millennium Copyright Act requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or email address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf.  Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Intellectual Property Rights, License

The audio and video materials, images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other content associated with the Website (the “Content”) are owned or licensed by and to Payments University or other authorized third parties and are protected by intellectual property, copyright, trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the Content. As between you and Payments University, we will retain all right, title, and interest in and to the Website and the Content. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted. Except as expressly set forth in these Terms or expressly granted to you in writing by Payments University, no rights are granted to you. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Website. The compilation of the Content on the Website is the exclusive property of Payments University.

You are only permitted to access and view the Content for personal, non-commercial purposes in accordance with these Terms, and may not build a business or other enterprise utilizing any of the Content, whether for profit or not. Except as provided in these Terms or otherwise expressly authorized by us in writing, you may not (either directly or through the use of any software, device, internet site, web-based service or other means) download, stream capture, store in a database, archive or otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, distribute, display or perform any part of the Website or Content; license or sublicense any part of the Website or Content; or in any way exploit any part of the Website or Content. In addition, except as provided in these Terms or otherwise expressly authorized by us in writing, you are strictly prohibited from modifying Content; creating, distributing or advertising an index of any significant portion of the Content; or otherwise creating derivative works or materials that otherwise are derived from or based in any way on the Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts, icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works is applicable even if you intend to give away the derivative material free of charge.

Copyright

The copyright in all materials provided on the Website is owned by Payments University or its affiliate(s). Except as stated herein, none of the material contained in the Website may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Payments University. Permission is hereby granted to view, copy, print and download the materials on the Website for personal, noncommercial use only, provided such materials are used solely for informational purposes, and all copies, or portions thereof, include any copyright notice. Payments University may revoke any of the foregoing rights at any time. You may not, without Payments University’s prior written consent, "mirror" any material contained on the Website on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from any Website. Any unauthorized use of any material contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademarks

The trademarks, service marks and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks of Payments University. Nothing on the Website shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Website without the prior written consent of the Trademark owner. The name of Payments University or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Website without the prior written consent of Payments University. Payments University prohibits the use of any Payments University logo and Trademark as a "hot" link to any web site unless establishment of such link is approved in advance by Payments University in writing.

ELECTRONIC COMMUNICATIONS 

You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. 

ASSIGNMENT 

You may not assign any of your rights under these Terms, and any such attempt will be null and void.  Payments University and its affiliates may, in their sole discretion and without prior notice or consent, assign or transfer these Terms, in whole or in part, including all rights and obligations hereunder, to any affiliate or to any third party including, but not limited to, in connection with a merger, acquisition, sale of assets, financing, reorganization, or other transfer of some or all of Payments University’s business, or otherwise. You expressly consent to any such assignment, including the assignment of Payments University’s rights to receive payment and to enforce your payment obligations under these Terms. Any permitted assignee may further assign such rights and obligations without additional notice to or consent from you. Payment made by you in good faith to an authorized assignee in accordance with the payment instructions provided to you will fully satisfy your corresponding payment obligations under these Terms.

NO WAIVER 

No waiver by Payments University of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Payments University to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

SEVERABILITY 

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

TERMINATION

In the event that we terminate this Agreement, Sections 2-7, 13-16, 18-25, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement.

ENTIRE AGREEMENT 

These Terms, together with any policies or operating rules posted by us on the Website, constitute the entire agreement and understanding between you and Payments University with respect to your use of the Website and any product, program, or enrollment purchased through the Website, and supersede and replace any prior or contemporaneous agreements with respect to that subject matter. This Section does not supersede, and is not superseded by, the Community Terms, which govern their own subject matter as described in the Scope section above, or any separate signed enrollment agreement, order form, or written addendum, which controls as to the specific program it covers. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

QUESTIONS OR ADDITIONAL INFORMATION 

Please contact Customer Support if you have any questions concerning your purchase.  Additional information can be located on our Website. 

Payments University LLC

Email: [email protected]

Tel. 6159550098