Membership Agreement

Last Updated: October 17, 2016

Paymelist is a worldwide website where companies, independent professionals and landlords will be able to post and report by themselves to their defaulting debtors. This will create a database of none welcome customers/tenants that companies, professionals and landlords will be able to target and filter from even before signing a new contract, starting a new project, render a service or leasing a real estate.

All products and services described in this Section, as well as any other products and services offered by Paymelist at any time shall be defined herein as “Service” or “Services.

In order to use the Service, You must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by Paymelist from time to time at our sole discretion, and You will receive notice if modifications to the Agreement are made. We strongly recommend that, as You read this Agreement, You also access and read the linked information. By accepting this Agreement, You also agree that Your use of some Paymelist -branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. PAYMELIST SERVICE

Paymelist displays the names of defaulting debtors of companies, independent professionals/technicians and landlords. Paymelist is a user-generated data and content

(a)Paymelist’s List Additional Serivices

Paymelist also offers a direct notification to debtor at an additional cost. The claimant (Paymelist account holder) can select to notify to his/her debtor via email, postage mail or certified mail with a Paymelist letterhead.

(b)Membership Benefits

The benefits of Your Paymelist Plan are available only while Your Plan is active and Your Paymelist account is in good standing. Paymelist reserves the right to modify the Plans at any time and in its sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing member who purchased the same Plan in the same market. You may check Your plan details at www.paymelist.com on Your Manage My Account page, by emailing info@paymelist.com

2. REGISTRATION INFORMATION

As a condition of Your use of the Service, You agree to: (a) provide Paymelist with true, accurate, current and complete information as prompted by the Paymelist registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3. MINIMUM AGE

You must be 18 years of age or older to use or register for Services.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

Paymelist has established a Privacy Policy to explain to You, and other users, how Your personal information is collected and used. This Privacy Policy is located at http:www.paymelist.com/privacy-policy/

6. SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL

(a)Membership Fee

Paymelist membership is currently free. However the user (account holder) shall report at least one defaulting debtor in order to active the services. Your membership fee is the amount You were charged for Your Subscription, not including any promotions or discounts that may have been applied (the “Membership Fee”). For this or other reasons, the Membership Fee might be different than the amount paid by another new or existing member who purchased the same services in the same market. You may check Your account online or if have any questions email to info@paymelist.com

You acknowledge that Paymelist reserves the right, at any time, to modify its Membership Fees and billing methods. Membership Fees may be paid in advance by credit card, debit card, or PayPal.

(b)Canceling Your Plan

You may cancel Your Plan from your user dashboard at the time of your convenience.

(c)Refund Policy

Paymelist charges are final and not refundable

(d)Authorization to Update Credit Card Account Information; Account Updater

If the credit card or debit card provided by You to Paymelist has expired during an attempt to renew Membership Fees pursuant to this Section, You authorize Paymelist to revise the expiration date and proceed with billing using the same credit or debit card account. In addition, as a convenience to You, Paymelist contracts with a third-party service that refreshes expired or replaced credit card and debit card numbers with the numbers of any replacement cards so that Your paid Services do not lapse because the credit card or debit card information initially on file with Paymelist has expired or changed (“Account Updater”).

By registering for the Service and receiving a Service, You consent to and authorize Paymelist disclosure of Your credit or debit card information to Account Updater. You further consent to the third party’s use of such information solely in connection with Account Updater. You also consent to Paymelist receipt and use of updated credit card or debit card account information from Your financial institution in connection with the provision of the Service as provided in this Agreement and the Privacy Policy.

7. INCENTIVES

Paymelist may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to select one of the Membership Plans. Paymelist is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that You shall not bring any action against Paymelist relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, You agree that Paymelist has no responsibility for replacing the Incentive.

8. ACCOUNT SECURITY

Paymelist will assign You a user ID and a password when You register. Your user ID and password may only be used by You and the members of Your organization (meaning anyone who currently shares with You the address You registered with Paymelist). You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.

9. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, Paymelist grants You a limited license to access and use the web content. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the web content, without the express written consent of Paymelist.

10. SUBMISSIONS

In order for You to submit Your own defaulting debtors on the Website, You acknowledge and agree that:

  1. all of Your postings and submissions will be based upon: your default balances accurate reports
  2. all of Your submissions that You are posting will be accurate, truthful and complete in all respects;
  3. You will not post submissions for your personal interest or matters, ONLY commercial matters allowed
  4. Your name and review information will be made available to the defaulting debtor on which You review; and
  5. Paymelist may modify, adapt, or reject Your submissions if they do not conform with Paymelist’s publication criteria, which may change from time to time at Paymelist’s sole discretion.

11. CONFLICT RESOLUTION PROCESS

If You have a dispute, you need to contact to your debt claimant directly, Paymelist do not process disputes. However if you have been reported for a personal matter, you shall direct to our REPORTED CENTER

12. CONTENT LICENSE

Although Paymelist does not claim ownership of any of the post, ratings, communications, information, data, text or other materials You give us (collectively, the “Content”), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to Paymelist an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Paymelist with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or in the Magazine by any other party.

13. PUBLICATION AND DISTRIBUTION OF CONTENT

Paymelist does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Paymelist simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Vendors and Landlords in response to Content. You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Paymelist does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.

You further acknowledge that Paymelist has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other Paymelist member or any Service Provider. However, Paymelist reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Paymelist be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, health information) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against Angie’s List relating to Content or Service Provider Content, and release Paymelist from any and all liability for or relating to any Content or Service Provider Content.

14. YOUR CONDUCT

In connection with Your use of the Service, You represent and warrant that You:

    1. are above the age of eighteen (18);
    2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
    3. will not submit any post that may be considered by Paymelist to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
    4. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Paymelist, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
    5. will not submit post that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
    6. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
    7. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
    8. will not take any action that would undermine the posting process under the Service;
    9. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
    10. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
    11. will not use the Service in any way that could interfere with the rights of Paymelist or the rights of other users of the Service;
    12. have sufficient rights in and to all Content that You provide, transmit or otherwise convey to Paymelist in connection with the Service;
    13. agree not to re-sell or assign Your rights or obligations under this Agreement;
    14. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
    15. perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
    16. agree not to create an account or use Paymelist services if Your account previously has been terminated by Paymelist or if You previously have been banned from using the services; and
    17. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than Yourself; (ii) impersonate any person or entity, including, but not limited to, Paymelist personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

The content that You provide do not reflect the views of Paymelist, its officers, managers, owners, employees, agents, designees or other users. In addition, Paymelist retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Paymelist may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, Paymelist may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

15. DISCLOSURE OF INFORMATION

As Paymelist continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

16. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect and continue so long as You have an active Subscription or Plan. In other words, the Term shall continue through each automatic Plan renewal until termination by either party in accordance with the terms of this Agreement.

Paymelist may, for any reason in its sole discretion, immediately terminate this Agreement, Your account, and Your access to the Service.

Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.

17. MODIFICATION OF TERMS AND CONDITIONS

Paymelist will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.paymelist.com). You will receive notice if modifications to the Agreement are made. paymelist will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.

18. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

Paymelist reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that Paymelist will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that Paymelist may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service. You agree that Paymelist has no responsibility or liability for the deletion or failure to store any post, and other communications maintained or transmitted by or through the Service. You agree that Paymelist has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

19. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Paymelist is not responsible for any delays, failures or other damage resulting from such problems.

20. USER FEEDBACK

Paymelist appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Paymelist. In addition, none of the Submissions will be subject to any obligations of confidentiality and Paymelist will not be liable for any future use or disclosure of such Submissions.

21. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Paymelist LLC. If You have any questions, concerns, or complaints regarding the Services, please contact Paymelist. by sending an email to info@paymelist.com
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

22. COPYRIGHT MATERIALS

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of Paymelist and/or its licensors and are protected by all United States and international copyright laws.

23. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT PAYMELIST ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. PAYMELIST EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ANGIE’S LIST COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.

24. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYMELIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PAYMELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ANGIE’S LIST OR THE FAILURE OF PAYMELIST TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your Paymelist Membership. THEREFORE, TO THE EXTENT PAYMELIST IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, PAYMELIST’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE $100.00 DOLLARS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PAYMELIST CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO PAYMELIST THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR PAYMELIST, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF PAYMELIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY PAYMELIST. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF PAYMELIST TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY PAYMELIST. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT PAYMELIST SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

25. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Paymelist, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Paymelist or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Paymelist will have sole control of the defense of any such damage or claim.

26. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for Paymelist to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of Paymelist damages for the specified breaches of this Agreement:

  1. If You post Content in violation of this Agreement, You agree to promptly pay Paymeist One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
  2. If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
  3. If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
  4. Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by Paymelist, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
  5. If you report someone, person or organization based in false statements and due to your action the reported individual files a law suite against Paymelist, you will be held liable for all the cost of the legal defense, including attorneys fees and law suite cost.

27. NOTICE

You agree that Paymelist may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to Paymelist will be provided by either sending: (i) an email to info@paymelist.com

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Paymelist will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

Paymelist LLC
Email: info@paymelist.com

If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
  5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Paymelist will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

28. ENTIRE AGREEMENT

This Agreement governs Your use of the Service and constitutes the entire agreement between You and Paymelist. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and Paymelist regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, vendors, landlords and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Paymelist under this Agreement.

29. GOVERNING LAW

This Agreement and the relationship between You and Paymelist will be governed by the laws of the State of New Jersey, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Bergen County, New Jersey and waive any defense of lack of personal jurisdiction or improper venue or forum non convenient to a claim brought in such court, except that Paymelist may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

30. PROVISIONS REMAINING IN EFFECT

In the event Your Plan with Paymelist is terminated or lapses or You are no longer a user of Paymelist, certain provisions of this Agreement will continue to remain in effect

33. MISCELLANEOUS

This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Paymelist’s rights if Paymelist fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Paymelist agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and Paymelist as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Paymelist is a worldwide website where companies, independent professionals and landlords will be able to post and report by themselves to their defaulting debtors. This will create a database of none welcome customers/tenants that vendors and landlords will be able to target and filter from even before signing a new contract, starting a new project, render a service or leasing a real estate. The following Terms of Use outline your obligations when using the Paymelist websites, mobile applications, and services. 1. ACCEPTANCE OF TERMS The Paymelist Internet website available at www.paymelist.com, the Paymelist mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by Paymelist and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU SHALL NOT ACCESS AND USE THE SITES AND SERVICES. 2. MODIFICATIONS OF TERMS OF USE Paymelist may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Paymelist notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE. 3. USE OF THE SITE AND SERVICES Subject to full compliance with these Terms of Use, Paymelist grants authorized users a nonexclusive, nontransferable, non-sub licensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of Paymelist LLC. Paymelist may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Paymelist shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance. 4. USER CONDUCT As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Paymelist. By way of example, and not as a limitation, you agree not to: intentionally or unintentionally violate these Terms of Use, other applicable agreement with Paymelist, and any applicable local, state, national or international law, and any rules and regulations having the force of law; use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; use the Sites and Services or its Content for any purposes not authorized by this Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Paymelist, which consent may be withheld by Paymelist in our sole discretion; post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services; harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Paymelist, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; knowingly provide or submit false or misleading information; use the Sites and Services if you are under the age of eighteen (18); take any action that would undermine the review and rating process under the Sites and Services; attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services; use the Sites and Services in any way that could interfere with the rights of Paymelist or the rights of other users of the Sites and Services; attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Paymelist by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use; transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Paymelist, including any Paymelist account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Paymelist and provided for by the Sites and Services. 5. REGISTRATION INFORMATION We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide Paymelist with true, accurate, current and complete information as prompted by the Paymelist registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Paymelist users shall provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account: You will not provide any false personal information on Paymelist, or create an account for anyone other than yourself without permission. If we disable your account, you will not create another one without our permission. You will not use Paymelist if you are under 18 You will keep your contact information accurate and up-to-date. You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission. If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name). 6. SUBMITTING CONTENT As a condition of submitting any Content or other materials to the Sites or Services, you agree that: you grant to Paymelist a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sub licensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Paymelist all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services; you grant to Paymelist all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party; your name and report information may be made available to the public and to the Defaulting Debtors on which you report; you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Paymelist, and others as described and otherwise contemplated in these Terms of Use; you represent and warrant that each person identified, depicted, or shown in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use. you are solely responsible for your postings and content; Paymelist may, in its sole discretion, choose to remove or not to remove post and content once published; you will not submit any post that may be considered by Paymelist to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable; all of the information of the defaulting debtors that you are posting will be accurate, honest, truthful, and complete in all respects; you have not received any form of compensation to post; you will not submit post with hyperlinks the information and content that you provide do not reflect the views of Paymelist, its officers, managers, owners, employees, agents, designees or other users. Paymelist is not a collections agency, Paymelist does not receive any type of payment from any reported debtor in order to be removed. The reported person shall pay directly to the claimant in order to be removed from Paymelist. Once the claimant (Paymelist account holder) is paid in full by his defaulting debtor, this must remove the debtor from Paymelist no later than 5 business days from the day the payment is cleared Paymelist will not process any kind of dispute, any dispute needs to be submitted to the debt claimant directly. 7. PUBLICATION AND DISTRIBUTION OF CONTENT Paymelist cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that Paymelist simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of user-generated data. You understand that all posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that Paymelist does not control, and is not responsible for Content or Service Provider Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that Paymelist has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, Paymelist reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Sites and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will Paymelist be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against Paymelist relating to Content, and release Paymelist from any and all liability for or relating to any Content. Paymelist has no obligation to review, monitor, or remove any Content or other materials, except as required by law. You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to info@paymelist.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney. You agree that Paymelist may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services. You also agree that Paymelist has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that Paymelist has the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 8. TERMINATION OF ACCESS Paymelist may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Paymelist reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Sites and Services. You understand that Paymelist may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Paymelist. All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability. 9. TRADEMARKS AND COPYRIGHTS Paymelist, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Paymelist in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Sites and Services are protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Paymelist and/or its licensors and are protected by all United States and international copyright laws. We reserve the right to remove any content or information you post on Paymelist if we believe that it violates this Statement or our policies .If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate. You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission. If you collect information from users, you will: obtain their consent, make it clear you (and not Paymelist) are the one collecting their information. 10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT Paymelist respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site and Service who are infringers. Notifying Paymelist of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at ipdocket@icemiller.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a detailed description of where the material that you claim is infringing is located or found on the Sites and Services; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Providing Paymelist with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If you material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at ipdocket@icemiller.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. 12. DELAYS AND ACCESSIBILITY The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Paymelist is not responsible for any delays, failures or other damage resulting from such problems. 13. USER FEEDBACK Paymelist appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of Paymelist. In addition, none of the Submissions will be subject to any obligations of confidentiality and Paymelist will not be liable for any future use or disclosure of such Submissions. 14. WARRANTIES AND DISCLAIMERS You acknowledge that Paymelist has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Paymelist from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Paymelist makes no representations concerning any content contained in or accessed through the Sites and Services, and Paymelist will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Paymelist makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER PAYMELIST NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF PAYMELIST, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL PAYMELIST OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ANGIE’S LIST OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES. ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PAYMELIST OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, PAYMELIST DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PAYMELIST’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. PAYMELIST SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND PAYMELIST HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. Paymelist has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Paymelist from all liability for you having acquired or not acquired Content through the Sites and Services. Paymelist makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Paymelist will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. The Sites and Services may display links to other Internet sites or resources. Because Paymelist has no control over such sites and resources, you acknowledge and agree that Paymelist is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Paymelist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. 15. ADVERTISEMENTS AND OTHER COMMERCIAL CONTENT SERVED OR ENHANCED BY PAYMELIST Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following: You give us permission to use your name, profile content, and information in connection with commercial, sponsored, or related content, served or enhanced by us. This means, for example, that you permit a business or other entity to pay us to display your name and/or profile with your content or information, without any compensation to you. You understand that we may not always identify paid services and communications 16. SPECIAL PROVISIONS APPLICABLE TO ADVERTISERS If you use our self-service advertising creation interfaces for creation, submission and/or delivery of any advertising or other commercial or sponsored activity or content (collectively, the “Self-Serve Ad Interfaces”), you agree to our Terms. In addition, your advertising or other commercial or sponsored activity or content placed on Paymelist or our publisher network will comply with our Advertising Policies. This Policies can be changed or modified at Paymelist disclosure without previous notification. 17. INDEMNITY You agree to indemnify, defend and hold harmless Paymelist, its officers, managers, owners, employees, agents, representatives, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Paymelist or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Paymelist will have sole control of the defense of any such damage or claim. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAYMELIST, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF PAYMELIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY PAYMELIST OR THE FAILURE OF PAYMELIST TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT PAYMELIST, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you. 19. BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES You understand that the content in each report or record on Paymelist has significant value to Paymelist and that the damage caused to Paymelist for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Paymelist damages for the specified breaches of these Terms of Use: If you post Content in violation of these Terms of Use, you agree to promptly pay Paymelist One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose. If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Paymelist, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof. 20. NOTICE By use of the Sites and Services, you consent to receive electronic communications from Paymelist (via email or via a posting on the Sites), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that Paymelist may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to Paymelist will be provided by either sending: (i) an email to info @paymelist.com 21. ENTIRE AGREEMENT These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Paymelist. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Paymelist regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Paymelist under these Terms of Use. 22. GOVERNING LAW These Terms of Use and the relationship between you and Paymelist will be governed by the laws of the State of New Jersey, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Bergen County, New Jersey and waive any defense of lack of personal jurisdiction or improper venue or forum non convenient to a claim brought in such court, except that Paymelist may elect, in it’s sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. 23. MISCELLANEOUS If you breach any term of this Terms of Use or other agreement with Paymelist, Paymelist may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Paymelist remedies are cumulative and not exclusive. Failure of Paymelist to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sub licensable by you except with Paymelist prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Paymelist as a result of these Terms of Use or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use. 24. CONTACTING US If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at info@paymelist.com. We will address any issue to the best of our abilities.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.