Terms of Service
These Terms of Service (“Terms”) constitute a legal agreement between you and PayUp, Inc.,
(“PayUp,” “we,” “our,” or “us”) regarding your use of this website (the "Site").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. THEY CONTAIN
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING
MANDATORY ARBITRATION, NO CLASS RELIEF AND WAIVER OF YOUR RIGHT TO A
JURY TRIAL. BY ENTERING INTO THIS AGREEMENT,
BY USING THE SITE YOU AGREE TO BE BOUND BY THESE TERMS, WHICH
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or
participates in the Site or communicates with us in any manner, and each of your heirs, assigns, and successors. If you use the Site on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity
PayUp may, in its sole and absolute discretion, update, revise, modify, suspend, supplement,
discontinue, or delete any of these Terms at any time, effective with or without prior notice and
without any liability to PayUp. PayUp may also impose limits on certain features or restrict your access to part or all of the Site without notice or liability.
If we make significant changes, we will endeavor to notify you of such changes through the Site or by other means like email, but will not be liable for any failure to do so. If you object
to any changes, you may close your Account. To the extent permitted by law, by your continued
use of the Site or any service of PayUp or its affiliates after the effective date of the changes, you consent to any updates or changes made to the Terms.
License to Use the Site
Subject to your compliance with these Terms, PayUp grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to access and use the Site on your personal device. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, except as expressly permitted in these
Terms. The Site is provided to you AS IS. No licenses or rights are granted to you by implication
or otherwise under any intellectual property rights owned or controlled by PayUp or its licensors, unless expressly granted in these Terms.
Users of the Site may not:
In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Site information or content including but not limited to, use on a
mirrored, competitive, or third-party site;
Take any action that (a) may negatively affect the Site infrastructure; (b)
interferes or attempts to interfere with the proper working of the Site; (c)
bypasses measures that are used to prevent or restrict access to the Site; (d)
circumvents, disables or otherwise interferes with security features of the Site;
(e) distributes viruses or any other technologies that may harm PayUp or users of
the Site; (f) violates any intellectual property rights, including copyrights, trade
secrets, or other rights of any third party, including privacy or publicity rights; or (g)
circumvents or manipulates payment terms, billing, or Fees owed;
Use or collect any personal data including but not limited to names or
other account information from the Site, or use the communication systems
provided by the Site for any reason not explicitly authorized by these Terms;
Take any inappropriate or unlawful actions, including but not limited to, money
laundering, fraud, the submission of inappropriate or unlawful Content to or through
the Site (including Content that is harassing, hateful, illegal, profane, obscene,
defamatory, threatening, or discriminatory, or that advocates, promotes, or
encourage inappropriate activity, conduct that would be considered a criminal
offense, or conduct that would give rise to civil liability or violate any law;
Violate PayUp policies, promulgated by PayUp from time-to-time, that govern
your use of the Site and our interactions with you and third parties;
Engage in fraudulent conduct;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Site; and/or
Attempt to indirectly violate these Terms.
Intellectual Property Rights
PayUp content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. PayUp and/or its affiliates, subsidiaries, and parents exclusively own all right, title, and interest in and to the Site and PayUp content, including all associated intellectual property rights. The service marks, trademarks, logos, trade names, domain names and any other proprietary designations of PayUp used herein are trademarks or registered trademarks of PayUp. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without PayUp’s express prior written consent. Any use of PayUp Content, other than as expressly permitted herein, is prohibited without the prior permission of PayUp and/or the relevant right holder.
Account Holder Feedback
The PayUp Site enables users to submit comments, questions, or suggestions
concerning PayUp or our Site (“Feedback”). Please do not submit any confidential
information when providing Feedback. By submitting Feedback, you understand and agree (i)
that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) that we may have something similar to the Feedback already under consideration or in development, (iii) that your Feedback will automatically become the property of PayUp, without compensation to you. This Feedback section shall survive any termination of the Site.
By using the Site, you understand and agree that any legal remedy or liability that you seek
to obtain for actions or omissions of other users or third parties will be limited
to a claim against those particular users or other third parties. You agree not to
attempt to impose liability on or seek any legal remedy from PayUp with respect to such actions or omissions.
Links to Third Party Sites
The Site may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by PayUp or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Site as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. PayUp does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or Site. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that PayUp is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that PayUp has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Site at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms
at your own risk. PayUp expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Site. You hereby agree to hold PayUp harmless from any liability that may result from the use of links that may appear on the Site
The Terms shall be governed in all respects by the laws of the State of Texas, without regard to
its conflict of law provisions. You agree that any claim or dispute you may have against PayUp
must be resolved by a court located in Austin, Texas, or a United States District Court, Western
District of Texas, located in Austin, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, Texas or the United States District Court, Western District of Texas located in Austin, Texas, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SITE OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SITE OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PAYUP NOR ANY PERSON ASSOCIATED WITH PAYUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER PAYUP NOR ANYONE ASSOCIATED WITH PAYUP REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SITE OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR- FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SITE OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, PAYUP HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY
LAW, IN NO EVENT WILL PAYUP, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED
BY PAYUP, THE COST OF SUBSTITUTE PRODUCTS OR SITE, OR ATTORNEYS FEES AND COSTS) AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT
PAYUP AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING
IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL
FEES PAID BY YOU TO PAYUP DURING THE 6 MONTHS PRIOR TO THE TIME SUCH
CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
transactions between you and PayUp, constitute the sole and entire Agreement between you
and PayUp regarding the Site and your use thereof and supersede all prior and
contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these
Terms, there shall be no third-party beneficiaries to these Terms.
Waiver and Severability. No waiver by PayUp of any term or condition set out 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 of PayUp to assert a right or provision under these Terms
shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to
the minimum extent such that the remaining provisions of the Terms will continue in full force
Contact Information. If you have any questions about these Terms or the Site, please
contact us by sending an email to support@PayUp.com.
Notices. No notice or other communication shall be deemed given unless sent in any of the
manners, and to the persons, as specified herein. All notices and other communications hereunder shall be in writing and shall be deemed given: (a) upon receipt if delivered personally or if mailed by registered or certified mail return receipt requested and postage prepaid; (b) at noon on the date after dispatch if sent by a nationally recognized overnight courier; or (c) upon the completion of a message or email through the PayUp Site. In any case, such notice shall be delivered to the parties at the addresses as specified below (or at such other address or facsimile number for a party as shall be specified by like notice):
Attn: Customer Service
3517 North Hills Dr.
Austin, TX 78731
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE
THAT YOUR USE OF THE SITE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.