This agreement is between WebResPay (“WebResPay”, “we”, “us”) and Customer / User (“Customer / User”, “you”) and applies to the System Installation Package (“System”) that included the software that is preinstalled on your device, the device itself, and also any updates, upgrades, supplements or services for the System, unless other terms come with them. It also applies to any other apps that may be included with the System and the device(s) and parts that come with the System.  If this agreement contains terms regarding a feature or service not available on your device, then those terms do not apply.

By accepting this agreement or using the System you agree to all of these terms, and consent to the transmission of certain information during activation and during your use of the System as per the privacy statement described below. If you do not accept and comply with these terms, you may not use the software or its features. You may contact us to determine its return policy and return the software or device for a refund or credit under that policy. You must comply with that policy, which might require you to return the software with the entire device on which the software is installed for a refund or credit, if any.

Additional terms may apply and or may come in a different agreement to your use of certain features, services and apps, depending on what you choose and your device’s capabilities, how it is configured, and how you use it. Please be sure to read them.

 Installation and Use Rights.

a.      License. The System is licensed, not sold. Under this agreement, we grant you the right to install and run the System on the device (part of the licensed system), so long as you comply with all the terms of this agreement. 

b.      Device. In this agreement, “device” means a hardware system (whether physical or virtual) with an internal storage device capable of running the software that comes with the System. 

c.      Restrictions. We reserve all rights (such as rights under intellectual property laws) not expressly granted in this agreement. For example, this license does not give you any right to, and you may not:

(i)      use or virtualize features of the software separately;

(ii)     publish, copy (other than where stated a permitted backup copy), rent, lease, or lend any part of the System;

(iii)    transfer the software (except as permitted by this agreement);

(iv)    work around any technical restrictions or limitations in the software;

(v)     make the software available for simultaneous use by multiple users over a network without our authorization, install the software on a server and allow users to access it remotely, or install the software on a device that is not provided by us;

(vi)    reverse engineer, decompile, or disassemble the software, or attempt to do so,

(vii)   when using Internet-based features you may not use those features in any way that could interfere with anyone else’s use of them, or to try to gain access to or use any service, data, account, or network, in an unauthorized manner.

Your privacy is important to us. Some of the software features send or receive information when using those features. By accepting this agreement and using the software you agree that we may collect, use, and disclose the information as described in the WebResPay Privacy Policy (www.WebResPay.com/privacy), and as may be described in the user interface associated with the software features.

You are authorized to use this software only if you are properly licensed and the software has been properly activated. A stable internet connection is necessary for the system to perform properly.  When you connect to the Internet to activate the system the transmission of certain information will occur, and Internet, or telephone service charges may apply.  You may not bypass or circumvent activation if you plan to use the system. Certain updates, support, and other services might also be offered during activation.  Your internet access and usage (including charges) may be subject to the terms of your cellular or internet provider agreement. You are always responsible for (i) understanding and complying with the terms of your own plans and agreements, and (ii) any issues arising from using or accessing networks, including public/open networks. 

The system periodically checks for system and app updates, and downloads and may install them for you. You may obtain updates only from us or authorized sources, and we may need to update your system to provide you with those updates. By accepting this agreement, you agree to receive these types of automatic updates without any additional notice.

We warrant that the System will perform substantially to industry standards. This limited warranty does not cover problems that you cause, that arise when you fail to follow instructions, or that are caused by events beyond our reasonable control or the device manufacturer. The limited warranty starts at activation and lasts as long as the manufacturer’s warranty on the device (3 years for the Luxe 8500, 2 years for the Luxe 6200m).  Any supplements, updates, or replacement software that you may receive from us during the warranty period are also covered, but only for the remainder of that period.  You may continue to use the System beyond the warranty period and will continue to receive updates, both free of charge until you choose to upgrade the System or you choose to end your use of the System.

Neither we, nor the device manufacturer or installer, gives any other express warranties, guarantees, or conditions. WebResPay and the device manufacturer and installer exclude all implied warranties and conditions, including those of merchantability, fitness for a particular purpose, and non-infringement. If your local law does not allow the exclusion of implied warranties, then any implied warranties, guarantees, or conditions last only during the term of the limited warranty and are limited as much as your local law allows. If your local law requires a longer limited warranty term, despite this agreement, then that longer term will apply, but you can recover only the remedies this agreement allows.  

If we or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the appropriate parts of the System at no charge, or (ii) accept return of the System (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. We, the device manufacturer or installer may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.

Except for any repair, replacement, or refund that we, or the device manufacturer or installer, may provide, you may not under this limited warranty, under any other part of this agreement, or under any theory, recover any damages or other remedy, including lost profits or direct, consequential, special, indirect, or incidental damages. The damage exclusions and remedy limitations in this agreement apply even if repair, replacement, or a refund does not fully compensate you for any losses, if we or the device manufacturer or installer, knew or should have known about the possibility of the damages, or if the remedy fails of its essential purpose. Some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so those limitations or exclusions may not apply to you. If your local law allows you to recover damages from us, or the device manufacturer or installer, even though this agreement does not, you cannot recover more than you paid for the System (or up to $50 USD if you acquired the System for no charge).

Binding Arbitration and Class Action Waiver if Your Principal Place of Business is in the United States.

We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes us, the device manufacturer, and installer if applicable.

Disputes covered—everything except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you, us, the device manufacturer and or installer, concerning the System, this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.

The AAA will conduct any arbitration under its Commercial Arbitration Rules. In a dispute involving $25,000 USD or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in Orange County, Florida. The arbitrator may award the same damages to you as a court could. The arbitrator may award declaratory or injunctive relief only to you to satisfy your individual claim. Under AAA rules, the arbitrator rules on his or her own jurisdiction, including the arbitrability of any claim. But a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity.

You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.

If any part of the Binding Arbitration and Class Action Waiver is found to be illegal or unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class-wide or representative arbitration, the Binding Arbitration and Class Action Waiver will be unenforceable in its entirety.

This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules.

The laws of Orange County, Florida govern all claims and disputes concerning the System, its price, or this agreement, including breach of contract claims and claims under unfair competition laws, implied warranty laws, for unjust enrichment, and in tort, regardless of conflict of law principles. In the United States, the FAA governs all provisions relating to arbitration.

This agreement (together with any printed paper license terms or other terms accompanying any System supplements, updates, and services that are provided by us and that you use), and the terms contained in web links listed in this agreement, are the entire agreement for the System and any such supplements, updates, and services (unless we or the device manufacturer provides other terms with such supplements, updates, or services). You agree that you will read the terms before using the System, including any linked terms. You understand that by using the System, you ratify this agreement and the linked terms.