Last updated: February 3, 2021
Users of the marketplace include prospective buyers who have registered for a PayPer Workz account (“Account”) (“Members”), visitors who browse the Services without registering for an Account (“Guests”), and prospective sellers who have registered for an Account (“Publishers”). (Members, Guests, and Publishers are all “Users”.)
PayPer Workz is an open marketplace for educators to buy, sell, and share their originally created materials (“Products”). Products may include electronically delivered files, digital products, streaming video, physical or used goods, and other product types. Third parties, and not PayPer Workz, offer and sell the Products, and PayPer Workz may, but has no obligation to, modify, add, discontinue support for, or limit the availability of any Product or product type. A Product, together with the Product title, description, and other listing information make up a “Product Listing.” PayPer Workz at no time owns or sells Products for or on behalf of our Publishers.
1. Use of Services
A. ELIGIBILITY AND ACCESS
Only individuals who are 18 years of age or older and reside in the United States may use the Services. By using our Services, you represent and warrant that you are at least 18 years old. If you do not meet all of these requirements, you must not access or use the Services. We may ask for proof of your age or identity at any time in order to verify your Account and we may close or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.
You may not use the Services on behalf of any school, business or other third party, however, as set forth herein, you have the right to share certain Services and Products including with colleagues and other individuals, and you will be liable for such other users’ or recipients’ compliance with these Terms. See Section 2 below regarding your license rights and responsibilities.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. You are responsible for both: making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.
We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that your Account, including any Products or other materials you may have purchased from our Services, and any Products or Communications you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Products that you’ve purchased, or loss of income from your temporary or permanent inability to sell Products through our Services.
The Products and/or Content may include information, views, recommendations, and/or opinions of the Publisher or other third parties that are sensitive, legal, objectionable, or otherwise controversial. PayPer Workz does not review, vet, or confirm any of the content of the Products and shall not be responsible for the accuracy, completeness, legality, or substance of any Products or Content and you should always confirm the accuracy, completeness, legality, and substance of the Products, including consulting legal counsel or other specialists where appropriate. GUESTS, MEMBERS, AND PUBLISHERS USE THE SERVICES AND PRODUCTS AT THEIR SOLE DISCRETION AND RISK. If you have any questions about your use of the Products or Services, consult legal counsel.
B. USERNAME & PASSWORD
If you choose or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
C. MEMBERSHIP TYPES
Members. You can join PayPer Workz as a Member to use our Services for purchasing and downloading Products. A Member Account is controlled by the individual whose name and email address are listed on the Account profile. As a Member, you’ll be able to make purchases, download free and purchased Products, post Feedback, questions, comments, requests, or other public messages (“Communications”), submit requests for custom products, connect with other Members, and use other features and Services we may offer.
Publishers. You can use features that allow you to offer and sell Products through our Services as a Publisher. PayPer Workz reserves the right to modify your Publisher membership type at any time at our discretion. (See “Membership Fees” Section for more information about Publisher memberships.) Publisher memberships have all the same features of Member memberships plus the ability to upload and sell Products, access sales data, purchase promotional space, access marketing features and tools, and access additional information and communication features. The tools and features available to a Publisher depend on the Publisher’s purchased membership level.
D. MEMBERSHIPS & FEES
Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on PayPer Workz. When you purchase on PayPer Workz, you will be charged (in U.S. Dollars) the list price for each item as well as applicable state and local sales taxes, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you’ve provided is accurate. PayPer Workz enables Publishers to collect sales tax on applicable orders in states where they have designated an obligation. PayPer Workz is not responsible for the information provided by our Publishers and does not guarantee the accuracy of sales tax calculations. In addition, as set forth below, for states with applicable marketplace collection laws, and for certain other states in which PayPer Workz has received permission (including by having entered into a collection agreement), PayPer Workz will calculate, collect, and remit applicable sales tax. Where sales tax applies to your order, the amount of tax due will be estimated at checkout and may differ from the final sales tax amount that will be charged when your order is processed. Where sales tax is not collected, you are solely responsible for the payment of any use tax that may apply to your purchase and you may be required to file a use tax return to pay such taxes.
Joining as a Member is free. Members may, at any time, and after paying any applicable fees, upgrade to a Publisher membership. PayPer Workz offers multiple Publisher membership options. Each Publisher membership has different features and privileges, Publisher Profits Rates, and Fees.
“Fees” include (1) fees charged per Product sold (“Transaction Fees”), and (2) if applicable, membership subscription fees charged each membership term (“Membership Fees”).
“Publisher Profits Rate” is defined as the percentage of the list price you earn for each Product you sell. Publisher Profits Policy may vary depending on the type of Product and your membership level. Your Publisher Profits Rate is applied only to the list price of each Product at the time sold, before any Transaction Fees or shipping charges are applied. See below for additional information on Publisher Profits.
The Fees and Publisher Profits Rates for each Publisher membership are defined in our Publishers Profit Policy which is incorporated as part of these Terms. For any membership for which a Membership Fee applies, your membership will automatically renew each term unless you cancel the renewal.
We may, in our discretion, make changes to the memberships we offer, the privileges and features available to each membership, as well as the Fees and Publisher Profits Rates associated with each membership at any time.
In advance of any Fee increase or change in Publisher Profits Policy, we’ll provide notice of the increase or change on the Website. Changes in Publisher Profits Rates will be applied to all affected Publishers as of the stated effective date of the change, irrespective of any individual Publisher’s Membership Fee renewal date. Any increase in Membership Fees will be applied only to renewals taking place after the change goes into effect.
Publishers are responsible for any other fees or costs they may incur and for paying any applicable income, sales, or other taxes they may be subject to as a result of using our Services.
These Terms, including each policy and document referenced herein, are the entire agreement between you and PayPer Workz, and they govern your relationship with PayPer Workz. Becoming a User does not create an agency, employment, or partnership relationship between you and PayPer Workz. PayPer Workz is not the employer of and does not act as an agent for any User.
F. ACCOUNT CLOSURE
We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without notice. You may close your Account at any time, without notice to us. You can close your Account from your Account or on the Membership page. After your Account is closed, you’ll no longer have access to your Account information, past purchases, uploaded Products, and many of the features of our Services that require an Account. If you close your Account on your own, you can reopen your Account anytime by emailing firstname.lastname@example.org.
Communications you’ve posted on the PayPer Workz Site will not be removed if your Account is closed. You may not be able to remove or edit some Communications before you close your Account. If you’re a Publisher, any Products you’ve posted will no longer be searchable and your Product pages will not be available to Users, however your paid Products remain accessible to the Accounts of Members who have previously purchased them.
G. RULES AND GUIDELINES
As a User of our Services, you are required to follow our rules and guidelines made known to you from time to time on our Site and in your Account, which is incorporated as part of these Terms. We may modify or add to these rules and guidelines at our discretion. If you violate any of these rules or guidelines, we may take action against your Account, such as removing Products or Communications you’ve posted, removing Products from your Account, suspending or terminating your Account, or any additional action that we deem necessary.
H. COMMENTS, RATINGS & REVIEWS
You may have the option to provide a review of a Product you’ve purchased or downloaded for free by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the Product for its intended purpose and must comply with our rules and guidelines. We may, at any time, set additional requirements or limitations for leaving Feedback such as a minimum or maximum characters, time-based restrictions, or other requirements. Publishers may not leave feedback on their own Products or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback. PAYPERWORKZ IS NOT RESPONSIBLE FOR MONITORIING OR REVIEWING FEEDBACK OR DETERMINING WHETHER THE FEEDBACK IS ACCURATE OR COMPLETE AND WE DO NOT WARRANT THAT USERS WILL HAVE THE SAME RESULTS OR EXPERIENCE WITH RESPECT TO FUTURE PRODUCTS OR PUBLISHERS RELATED TO ANY FEEDBACK.
I. MONITORING CONTENT
PayPer Workz has the right, but not the obligation, to monitor any activity, content, materials, Communications, Feedback, and other use of the Services (collectively, “Content”) associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your membership, denying access, and/or removal of any Content on the Services. Members and Publishers, and not PayPer Workz, shall be responsible for all of their respective Content.
2. Product Licensing Policy
A. IN GENERAL
Publishers shall own and maintain the intellectual property rights in their Products and grant Members licenses to use such Products for limited use as described in this section. When a Member purchases a Product, the Member is purchasing a license to use the Product in accordance with these Terms. All downloadable and digitally consumed Products can only be used in accordance with the applicable license.
Your use of any Product, regardless of license type and whether the license is purchased by you, transferred to you, or purchased for you as a gift is subject to these Terms. You agree to comply with these Terms as well as any additional terms the Publisher provides with respect to the Product Listing, to the extent that such terms do not conflict with these Terms. In the event of any conflict between these Terms and a Publisher’s terms, these Terms will govern, except that Publishers may grant certain additional rights to their Products.
B. INDIVIDUAL LICENSE
Individual licenses are non-transferable and may not be used by or reallocated to a different User without the express grant from the applicable Publisher. Except as otherwise stated in these Terms (such as in the “Limitations on Access” section set forth below), the Publisher grants to the purchasing Member a non-exclusive, perpetual, non-transferable, non-sublicensable, worldwide, limited license to use the Product for the purposes and under the conditions described below. You may use the Product for personal, educational, operational, and instructional use only (“Personal Use”) and in connection with such use, you may print and make copies of downloadable Products as necessary for Personal Use. Hard goods and video resources may not be copied or reproduced. You shall be responsible for any use, disclosure, or dissemination of the Products and copies thereof, by you and any other person to which you provide the Products or copies thereof. You may not use the Product, in part or in whole, for commercial purposes, or make the Product available on any website. This means you can’t sell, resell or sublicense the Products, or make the Products available in any other way as a business or profit making activity. You may share, send, or transfer the Product to someone else for their own Personal Use, however, you will remain liable for their compliance with these Terms and any breach thereof and you shall be responsible for terminating each person’s use if and/or when your rights in the Product terminate.
C. LIMITATION ON ACCESS
PayPer Workz cannot guarantee continuous access to any Product through our Services. For example, if at any time, PayPer Workz stops hosting a Product for any reason or you or PayPer Workz terminates, suspends, downgrades, or otherwise limits your Account or access to PayPer Workz’s Services, your ability to access the Product through our Services may be terminated. It’s your responsibility to maintain and store a copy of downloadable Products on your device to ensure future access. If you purchase access to a Product in the format of streaming video or other non-downloadable formats, your license will expire if you or PayPer Workz closes your Account, or if PayPer Workz stops hosting the Product for any reason.
3. Intellectual Property
A. THE SERVICES
Except for Content uploaded or posted by Members, all other aspects of the Services are owned or controlled by PayPer Workz. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Services (collectively, “Services Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Services Assets. Services Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights. You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, create derivative works of, translate, or distribute the Services Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Services Assets. No right, title, or interest in or to the Services Assets or any content on the Services Assets is transferred to you, and all rights not expressly granted are reserved by PayPer Workz. Any use of the Services Assets not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Rights you grant to PayPer Workz. Some parts of our Services allow you to upload or post Content. You retain any intellectual property rights that you hold in that Content. PayPer Workz does not take or claim any ownership (copyright, trademark, or otherwise) over your Content. When you post or upload Content to our Services, you grant to us limited rights to store, use, and display, and provide access to the Content you post as necessary to provide our Services, such as to display your Products in your store and in search results, to make your Products available for download, and to display and promote your Products through our Services, through email, and ads on other sites or search engines, and through other marketing campaigns. For these purposes, you grant to us a nonexclusive, irrevocable, perpetual, worldwide, sublicensable license to exercise any copyright, trademark rights, or other rights in and to your Content necessary to provide our Services to you and our other Users.
Rights Publishers grant. When a Member purchases a license to use your Product or downloads free Products from you, you allow them to use your Product as described in these Terms, in accordance with the license type purchased or otherwise obtained by such Member and any other terms you expressly set forth in writing in connection with such Products (as long as any additional terms do not conflict with these Terms). For clarity, you may, at your discretion and in accordance with these Terms and any other policies set forth by PayPer Workz, grant additional rights to purchasers of your Products, but you may not enforce limitations on such use that are adverse to or adversely inconsistent with the rights granted in these Terms. Publisher, and not PayPer Workz, shall be liable for all matters related to their store, Products, Product Listings, and Content.
Effect of Account Closure or Product Deactivation. If you or PayPer Workz closes, suspends, or otherwise limits your Account or access to the Services, or downgrades your Account to a Member membership, we’ll no longer display your store page or your Product Listings, and your Products will no longer be available for purchase or download by Members who haven’t previously purchased them. If you or PayPer Workz deletes or deactivates a single Product Listing, that Product will not be available for purchase or download by Members who have not previously purchased or downloaded the Product, and the Product Listing will no longer be displayed in your store or in search results. If any of the above situations takes place, PayPer Workz may continue to store your Product file on our servers and may continue to make it available for download by Members who have previously purchased the Product subject to PayPer Workz’s then-current policies and other limitations set forth in these Terms. PayPer Workz may continue to display your Communications unless you remove them from the Services before you go. Notwithstanding anything to the contrary herein, PayPer Workz shall not be responsible for any failure to store User data or information, including Communications, Feedback, or Products, and PayPer Workz intends to store such items only in accordance with PayPer Workz’s policies in effect from time to time.
The Services and all related information are PayPer Workz’s confidential information. You may use the confidential information only for the purpose of evaluating and providing feedback on the Services. You agree that you won’t disclose or copy any confidential information, and, if asked in writing, you’ll return or destroy it. Confidential information doesn’t include information that (i) is generally known or available to the public, through no act or omission of yours; (ii) was known, without restriction, prior to receiving it from us; (iii) is rightfully acquired from a third party who has the right to disclose it without restriction; or (iv) is independently developed.
C. REPORTING INTELLECTUAL PROPERTY VIOLATIONS
We respect the intellectual property rights of others and expect the same from all of our Users. No User may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else. PayPer Workz reserves the right, in its sole discretion, to close the Accounts of Users who violate this policy or any of our Terms. We comply with the Digital Millennium Copyright Act (“DMCA”) and other laws governing the use of intellectual property. Our Copyright & Trademark Policy explains our policy and process for receiving notification and removing potentially infringing material from our Services.
4. Payment, Publisher Profits, & Publisher Profits
A. PURCHASING TERMS & REFUNDS
When you list a Product or make a purchase through the Services, you agree to our Refund Policy. Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy. Publishers can view a refund and any applicable refund note in their Account. Publishers may authorize a full or partial refund for any reason by contacting us at email@example.com. For the avoidance of doubt, all refund decisions are in PayPer Workz’s sole discretion.
We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, Stripe, PayPal, and/or PayPer Workz Account credit. We accept payments in United States Dollars (USD). Cash payments and payments in other currencies will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase or sale.
When you buy something through our Services, you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that PayPer Workz or the applicable service provider may charge your payment method the amount due, which will be in U.S. Dollars. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees. Payment for certain purchases by Publishers may be collected through a deduction from the Publisher’s next Publisher Profits, or by credit or debit card if your current unpaid Publisher Profits are not enough to cover the purchase price.
Failure to pay as promised may result in late fees being charged, Products being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Products from your Account temporarily, or, if a refund is ultimately issued, permanently. In our discretion, we may take further action against your Account.
B. PUBLISHER PROFITS & PAYOUTS
Publishers earn a percentage of the list price of each Product they sell through our Services based on the Publisher Profits Rate that applies to their membership type (“Publisher Profits”). Publisher Profits are reduced by the full amount of any Transaction Fees that apply, and increased by the full amount of any shipping fees charged. To issue Publisher Profits, we work with third-party companies that process and transfer funds between us and our Publishers (“Payment Services”). To receive Publisher Profits, Publishers must have an Account capable of receiving payments with a supported Payment Service (“Publisher Profits Account”). You can find a list of supported Payment Services here. If you have questions about the status of your Publisher Profits Account, please reach out directly to the Payment Services you use. If you are unable to register a Publisher Profits Account with any of the supported Payment Services, we may consider alternative means of issuing Publisher Profits at our discretion on a case-by-case basis. We make no guarantees about the services offered by any third-party companies including the current or any future Payment Services we may support, and we are not responsible for any payment delays or other complications caused by Payment Services. We may, at our discretion, modify the list of supported Payment Services at any time, discontinue support for an existing Publisher Profits Service, or make additional Publisher Profits options available.
We issue Publisher Profits on a monthly basis or more frequently per our policies in effect from time to time. We may, at our sole discretion, withhold or delay a Publisher Profits due to any Publisher who we believe to be in violation of any of these Terms. After the matter is resolved, we will either refund the withheld sales or complete the Publisher Profits. Payment Services may assess transaction fees when we transfer your Publisher Profits to you. We will deduct from your Publisher Profits an amount equal to or less than the transaction fee assessed to us by the Payment Services. These transaction fees are subject to change at the discretion of the Payment Services. We are not responsible for any additional fees or taxes you may incur from other third parties related to receiving or accessing your Publisher Profits.
C. SALES TAX
PayPer Workz will calculate, collect, and remit sales tax on applicable orders in states having marketplace collection laws requiring us to do so, and in certain other states in which PayPer Workz has received permission to do so (including by having entered into a collection agreement) (“Collection”). You hereby authorize and permit PayPer Workz to engage in Collection on your behalf. The list of applicable states and effective dates for which PayPer Workz will provide Collection, which will be updated from time to time, can be found here. You acknowledge and agree that you are responsible for designating the appropriate tax codes for your Products. Where PayPer Workz has provided a default product tax code designation, you understand that it’s your responsibility to verify that selection (and request to modify as may be necessary). You represent and warrant that the information you provide for the calculation and collection of sales tax, including but not limited to your street address, is accurate and up to date. You acknowledge and agree that a third party, not PayPer Workz, is responsible for the accuracy or availability of the Collection. You agree to indemnify, defend, and hold harmless PayPer Workz, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings (i) brought by third parties related to your use or misuse of the Collection or any other tax services you use in connection with the Services; and (ii) brought by any taxing authority, related to your failure to properly remit any taxes which are owed by you in in connection with your use of the Services.
5. Your Privacy
B. HOSTED CONTENT
We don’t control and aren’t responsible for the Content posted by our Users, including any disclosures of personal information by our Members. However, it’s important to us that our Users respect the privacy rights of others. If you believe that Content on our Services violates your personal privacy rights, contact us at firstname.lastname@example.org.
You agree to indemnify, defend, and hold harmless PayPer Workz, its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.
7. Limitation of Liability & Warranty Disclaimer
We work hard to ensure the availability of our Services but disruptions, including scheduled maintenance, do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.
PayPer Workz may update or change the available functionality of the Services at any time. We make no guarantees to Publishers or other Members respecting the findability or searchability of any Product Listing offered through our Services. We make no guarantees about how much any Publisher may earn or whether the level at which a Publisher is earning is likely to continue into the future.
YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PAYPER WORKZ (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, AND TRADE PRACTICE. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY, RESULTS OR COMPLETENESS OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.
YOU AGREE THAT PAYPER WORKZ (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. PAYPER WORKZ’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY YOU TO PAYPER WORKZ DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) ONE HUNDRED DOLLARS ($100.00 USD), WHICHEVER IS THE LESSER AMOUNT.
The Products and Communications on our Services are uploaded or posted by our Members. PayPer Workz does not produce, approve, post, or upload Products or Communications. The Content you see on the Services and any views, opinions, or assertions presented are those of the Members who posted the Content and do not reflect the opinions, or the official policy or position of PayPer Workz. PayPer Workz makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content. You may have the ability to communicate, interact, or otherwise connect with other Members through our Services. It’s your responsibility to take precautions when sharing any information about yourself with another Member or anyone else, and you release PayPer Workz from any liability that may arise out of your interactions with another Member of our Services.
As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by PayPer Workz. When you access third-party websites, you do so at your own risk. PayPer Workz cannot and does not make any representations or warranties about other websites or services. The Services may permit you to link to other websites or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third-Party Services may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third Party Services. You further acknowledge and agree that we 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 the use of or reliance on any such content, goods or services available on or through any such Third Party Service.
8. Changes to these Terms
9. Other Terms
A. DISPUTES WITH US
In the case of a dispute between you and PayPer Workz arising out of these Terms or your use of our Services, the following rules will apply. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
Binding Arbitration. You and PayPer Workz agree that any dispute arising out of or relating to these Terms or your use of our Services will be settled through binding arbitration, conducted by the American Arbitration Association (AAA) and in accordance with their Commercial Arbitration Rules. Your responsibility to pay any filing, administrative, or arbitrator fees will be solely as set forth in the AAA Rules. To the extent permitted under AAA rules, the arbitrator may award costs, fees, and expenses, including reasonable attorney’s fees, to the prevailing party. A decision reached by arbitration will be final and binding and may be entered as a judgment by any court having jurisdiction. You understand that there is no judge or jury in arbitration and that other procedural rights such as discovery and appeal are not available in arbitration. YOU AND PAYPER WORKZ EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO A TRIAL BY JUDGE OR JURY AND TO HAVE YOUR CASE HEARD IN A COURT OF LAW.
Disputes will be settled on an individual basis. YOU AND PAYPER WORKZ EACH KNOWINGLY AND VOLUNTARILY AGREE TO WAIVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR ARBITRATION. Notwithstanding this clause, each party may seek injunctive or other equitable relief in a court of competent jurisdiction in St. Petersburg, Florida to protect the party’s intellectual property rights or confidential information pending completion of the arbitration.
Governing Law. These Terms are governed by the laws of the state of Florida, and the laws of the United States of America without regard to principles of conflict of law, and regardless of where you are located in the world.
Venue. PayPer Workz is located in Florida, with our headquarters in St. Petersburg. Any dispute subject to Binding Arbitration will take place in St. Petersburg, Florida. For any other judicial action that may arise between you and PayPer Workz, or for which our Binding Arbitration clause is found not to apply, both you and PayPer Workz agree to submit to the venue and personal jurisdiction of the state and federal courts located in St. Petersburg, Florida.
B. NO WAIVER
Any failure by PayPer Workz to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.
If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.
10. Survival of Terms
The following provisions survive if you cease using our Services or your Account is closed by you or by PayPer Workz for any reason:
11. How to Contact Us
You can reach us by emailing email@example.com.
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