Please note that for late payments, stopping or lowering your direct deposit/allotment below your required minimum payment during the installment contract period may subject you to a non-refundable fee of up to $35 per incidence. By agreeing to use the Perpay service, you are hereby authorizing Perpay, Inc., to debit the backup payment account you provided in the event of default or missed payments. Fees incurred as a result of inaccurate backup payment information you provided may result in additional charges to your account.
By accepting these Terms and Conditions you hereby agree to allow Perpay, Inc., or its affiliates, to submit Treasury Form 1199A, a direct deposit authorization form, or any other form based direct deposit initiation to your payroll department on your behalf to commence, alter or change payments. Additionally, by accepting these Terms and Conditions of Use, you hereby agree to the use of your electronic signature submitted at checkout in compliance with federal rules.
The Terms and Conditions constitute a binding legal contract between you and Perpay, and are in addition to any other agreements between you and Perpay, including any borrower agreement, that govern your use of products, services, content, tools and information available on the Website. If there is any contradiction between these Terms and Conditions and another agreement you enter into with Perpay, the other agreement shall take precedence.
By using or accessing the Website, you agree that Perpay may modify the Terms and Conditions or the Website at any time without prior notice. Your continued use of the Website after any modification of the Terms and Conditions will indicate your acceptance of the relevant modification and the Terms and Conditions as so modified.
It is your responsibility to review the Terms and Conditions from time to time to see if modifications have been made. Any modification is effective immediately from and after Perpay’s posting of such modification on the Website, or other update of the Website or the Terms and Conditions. You will know if these Terms and Conditions have been modified since your last visit to the Website by referring to the "Last Modified" date at the beginning of the Website. Perpay reserves the right, at any time or from time to time, to modify, add to, delete or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. Notwithstanding the above, we will seek your consent to future modifications to the extent we are required to do so by applicable law.
We reserve the right to make changes to our site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You and Perpay agree that the court should give effect to the your and Perpay’s intentions as reflected in such provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
Although we make best efforts to protect personal information, please be aware that no security measures are completely secure or impenetrable. We cannot guarantee that only authorized persons will view your information or that information you share on the Website or via e-mail or other electronic communication with Perpay will not become publicly available or intercepted by third parties. By your continued use of the Website, you acknowledge and agree that Perpay and its service providers will not be liable for any harm or damage you may experience by transmitting or submitting personal or confidential information to Perpay by e-mail or other electronic communications or via the Website.
Perpay grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Perpay. The Website is for your own personal use only. The Website is designed for individuals contemplating utilizing or learning more about Perpay and its products and services. You may only use the Website for one of these purposes.
Without limiting the generality of the preceding paragraph, you are expressly prohibited from: (a) any resale or commercial use of the Website; (b) any collection and use of any descriptions, prices or any other information posted on the Website for any purpose other than (i) your own personal (i.e., non-commercial, non-competitive) use or (ii) as otherwise permitted in an agreement between Perpay and yourself (collectively, a "Permitted Use"); (c) any downloading or copying of any materials contained in the Website for any reason other than for a Permitted Use; or (d) otherwise interfering with the ordinary operation or mission of the Website or Perpay’s products or services.
Your use of the Website is conditioned upon the following statements all being true:
Except as explicitly permitted by the Terms and Conditions, and without limiting anything else in the Terms and Conditions, you agree not to sell, copy, publish, store, distribute, redistribute, disseminate, transmit, transfer, modify, display, reproduce, repackage and/or create any derivative works from, the Website and the Content (as defined below), in whole or in part, for any purpose, in any form or manner or by any means whatsoever without the express written consent of Perpay. You also may not redeliver any of the pages, text, images or other Content or the Website using "framing" or similar technology or for any purpose, including any attempt to impersonate Perpay or any employee, representative or agent of Perpay or otherwise create the appearance or suggestion that you have a relationship to Perpay or that we have endorsed you for any purpose. You may not use any metatags or any other "hidden text" utilizing Perpay's name or trademarks without the express written consent of Perpay Marketplace. Any unauthorized use terminates the permission or license granted by Perpay. Any unauthorized use of the Website or the Content or any other intellectual property contained therein is strictly prohibited.You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Perpay so long as the link does not portray Perpay, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Perpay logo or other proprietary graphic or trademark as part of the link without Perpay’s express written permission.
As conditions of your use of the Website, you agree to comply with the Terms and Conditions and all applicable laws and regulations in connection with your use of the Website. You will not violate, attempt to violate or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Website. Without limiting the above or anything else in the Terms and Conditions, you agree not to:
Perpay does not have any part in the creation of any materials or information which you may provide, post, share, communicate or transmit to Perpay or the Website. If Perpay permits you to input, upload or make available information on the Website, you may not input, upload, post or make available any information or content that:
Perpay reserves the right to edit, restrict or remove any content you provide for any reason at any time. In addition, Perpay does not control the information provided by other users that is made available through the Website. You agree that you will have no claim against Perpay or any Released Party (as defined below), for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights or rights of attribution in connection with our use of any content you provide. Notwithstanding Perpay’s rights under the Terms and Conditions, Perpay does not undertake, and shall not be obligated, to monitor the submission of any content to, or the publication of any content on, the Website at any time.
You may be presented with the opportunity to register for an account with Perpay. You agree that the registration information you provide is accurate, complete and current. We reserve the right to reject any registration, and you acknowledge and agree that Perpay, in its sole discretion, may suspend or discontinue your access to or use of any portion of the Website at any time without notice to you.
Once you have registered, you will receive or will be able to create or input a username and password. You are responsible for maintaining the confidentiality of your username and password. You are solely responsible for all actions or activities that occur on the Website during any time period in which your user ID is logged in to the Website, whether or not expressly authorized by you. You agree not to disclose your password to any third party (except to any agent, representative or third party service provider of Perpay). Perpay disclaims all liability, and you acknowledge and agree that we will not be liable, for or in connection with any harm or damages to you or to any party resulting from the theft or unauthorized use of your user ID or password. If you become aware of any unauthorized use of, loss or theft of your username, password, or other account information or credentials, you should immediately inform us at email@example.com.
While data transmitted via the Website may be encrypted using a Secure Sockets Layer (SSL) protocol, please note that no technology can be considered completely secure or impenetrable and internet protocols and other public and/or proprietary technology used or accessed by the Website may be vulnerable to exploitation or compromise by persons engaged in hacking or criminal conduct. We and you each acknowledge and agree that we shall have no liability to you for any such exploitation or criminal conduct by third parties.
You may (a) post reviews, comments, and other content; and (b) submit suggestions, ideas, comments, questions, or other information, so long as the content posted or submitted is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Perpay reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Perpay and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Perpay and its associates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card (debit, credit or pre-paid) or other content.
In connection with any content you seek or attempt to post or submit to Perpay, you represent and warrant that:
Perpay takes no responsibility and assumes no liability for any content posted by you or any third party.
All rights, title, and interest in and to the Website and the Content (as defined below) and any all intellectual property contained therein or relating thereto, including any copyright, patent or trademark, are and will remain the exclusive property of Perpay or its licensors, as applicable (except where another person or entity is expressly credited as the provider of such content or data). Such intellectual property is protected by federal and state law and international treaties. You acknowledge and agree that no proprietary rights are being transferred to you in such materials or information.
You shall use the Website solely for your own use and shall not allow others to use the Website under or through your account, except as otherwise set forth herein. Subject to the terms and conditions of the Terms and Conditions, we grant you a limited, non-transferable, non-sublicenseable, non-exclusive, revocable license to use the Website and the Content for personal use and Permitted Uses only, until such time as the Terms and Conditions terminate or expire or your right to use or access the Website is terminated in accordance with below ("Termination; Survival of Provisions"). Without Perpay’s prior written consent you may not sell, resell, rent, copy, reproduce (in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise), duplicate, edit, revise, update, enhance, modify, fix, correct, adapt, rearrange, imitate, mirror, distribute, host, license, sublicense, create derivative works from, transfer, transmit, publish, republish, display, perform or otherwise exploit for a commercial purpose the Content or software on the Website, or of any products or services sold or offered by Perpay.
Nothing in the Website or elsewhere shall be construed as granting any license or right to use, implied or otherwise, any logo, trademark, service mark, trade dress or other identifying mark owned or licensed by Perpay or displayed on the Website without the written permission of Perpay (or the third-party owner of the mark, if applicable). You agree that you may not use such identifying marks in any way that would disparage or damage the reputation of Perpay or any of its affiliates, directors, officers or employees.
For purposes of the Terms and Conditions, the "Content" shall include all contents of the Website, including any logos, identifying marks, images, illustrations, designs, icons, photographs, videos, text and other written and multimedia materials, all of Perpay’s information related to providing services and requirements, products, services, advertising materials or collateral, log-in or registration criteria and instructions, help guidelines, user documentation and customer and technical support documents, and the Website’s likeness, look and feel, format, layout, software, code (whether binary, assembly, source, object, HTML or otherwise), routines, scripts, software, platforms and applications, as well as any data, files, archives, folders or downloads available on the Website.
From time to time, Perpay may contain inaccuracies or typographical errors and may not be up to date. We reserve the right to correct inaccuracies, typographical errors or omissions and to change or update information at any time without prior notice regardless of whether before or after you placed your order. Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. If you are not fully satisfied with your purchase you may return it in accordance with the terms of our Shipping and Return Policy. Risk of loss and title to items purchased from Perpay pass to the purchaser upon our delivery to the shipper.
By submitting information or other materials to us, if any, you grant Perpay a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right to copy, use, reproduce, modify, adapt, publish, create derivative works from, translate, transmit, display and distribute such materials or portions of such materials, in any form or medium known or later developed for any purpose not prohibited by law, these Terms & Conditions, or any other agreement between you and Perpay, including the right to bring an action for infringement of these rights. You represent and warrant that you own, or have all rights necessary to submit, upload or transmit to us, any information or other material and otherwise use it for your intended purpose as of the time you submit such information or material to us.
You may from time to time provide suggestions, comments for enhancements or functionality or other feedback ("Feedback") to us with respect to the Content or the Website. You and we acknowledge and agree that any such Feedback is given voluntarily. We will endeavor to consider, and may discuss with or respond to you regarding Feedback you provide, but we shall have full discretion to determine whether or not to proceed with the development of the suggested or requested enhancements, new features or functionality. Should we determine that we wish to proceed with such enhancements, features or functionality, we may elect, in our discretion, to integrate the new enhancement, feature and/or functionality into the Website, the Content or Perpay’s products and services. You hereby grant us a royalty-free, fully paid up, worldwide, transferable, sub-licenseable, irrevocable, perpetual license to (a) copy, distribute, transmit, display, perform, and create derivative works of Feedback, and (b) use Feedback and/or any subject matter thereof, including the right to develop, manufacture, have manufactured, market, promote, sell, have sold, offer for sale, have offered for sale, import, have imported, rent, provide and/or lease products or services which practice or embody, or are configured for use in practicing, the Feedback and/or any subject matter of the Feedback.
Click here to view Perpay’s Return Policy, which varies by product. Please note, not all products are available for return. Some items may be subject to a 20% restocking fee. Damage claims must be submitted within 24-48 business hours of delivery, please inspect your order once it has arrived. Click here for further instructions if your package arrived damaged. Items shipped via freight delivery (see individual product delivery details), in addition to all Ashley Furniture products, are unavailable to ship to US territories, Alaska, Hawaii, and Puerto Rico.
Shipping surcharges may apply to small parcel orders shipping to US territories, Alaska, Hawaii, and Puerto Rico.Customers are not authorized to alter shipper delivery instructions, including, without limitation, to redirect the delivery of a package to an alternate address, to delay delivery, to authorize release of a package, change a service level selected by the shipper, or to reschedule delivery. This includes, but is not limited to, UPS My Choice.
Perpay and the shipment carrier shall not be liable to you for any loss, claim, liability, or damage of any kind, including but not limited to direct, indirect, consequential, special or exemplary damages, whether based on contract or otherwise ("Loss") arising out of, or resulting from, UPS's provision of, or failure to provide, shipping service, including by following consignee instructions, failure to follow consignee instructions, delivery pursuant or contrary to consignee's instructions, misdelivery, or delayed delivery. By selecting the Authorized Shipment Release service, you authorize the carrier to release packages addressed to you at your address when no one is present to receive the delivery and you will be asked and are required to accept responsibility for any loss or damage to the package after it has been released at the address. In no event shall Perpay or the carrier be liable for any Loss, including but not limited to loss, theft, alteration of, unauthorized access to, or acquisition of, your personal information, or other security breach, compromise, or incident involving your personal information, whether by third parties or otherwise, arising out of or resulting from misuse or impairment of the security of the personal information.
You agree to indemnify, defend, and hold harmless Perpay and the carrier, its parent corporation, and affiliated companies, their officers, directors, employees, agents, and their successors and assigns, from all claims, demands, expenses, liabilities, causes of action, enforcement procedures, and suits of any kind or nature arising from or relating to the alterations of the delivery instructions.
The Website is provided to you on an "as is" and "as available" basis. Your use of the Website and any material you may access, download or otherwise obtain from or through the Website is 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 therefrom.
PERPAY DOES NOT WARRANT AS TO, OR GUARANTEE, THE ADEQUACY, SUFFICIENCY, ACCURACY, COMPLETENESS OR AVAILABILITY OF THE CONTENT OR THE WEBSITE AND PERPAY SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, MISLEADING STATEMENTS OR INTERRUPTIONS THEREIN.
PERPAY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO YOU OR ANY THIRD PARTY, AND ANY WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AS TO MERCHANTABILITY, SUITABILITY, INVESTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM COMPUTER VIRUS OR THE ACCURACY, ADEQUACY, TIMELINESS, COMPLETENESS OR SUFFICIENCY OF INFORMATION WITH RESPECT TO THE WEBSITE OR THE CONTENT. PERPAY AND ITS VENDORS, CONTENT PROVIDERS OR SERVICE PROVIDERS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS IN OR DELAY OR INABILITY TO ACCESS, THE WEBSITE OR CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERPAY OR THROUGH THE WEBSITE OR THE CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS AND CONDITIONS.
IN NO EVENT SHALL PERPAY HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, EARNINGS, CONTRACTS OR BUSINESS OPPORTUNITIES OR RELATIONSHIPS, WORK STOPPAGE OR BUSINESS INTERRUPTION, COMPUTER INTERRUPTION OR MALFUNCTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA OR OTHER INTANGIBLE LOSS OR DAMAGE), LOSSES OR EXPENSES RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF THE WEBSITE OR THE CONTENT, OR THE USE THEREOF OR INABILITY TO USE THE FOREGOING BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR MALICIOUS CODE OR ANY LINE, CONNECTION OR SYSTEM FAILURE (INCLUDING INTERNET CONNECTION OR SERVICE), EVEN IF PERPAY (OR ITS REPRESENTATIVES) HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY AGREE THAT PERPAY’S TOTAL LIABILITY TO YOU, AND YOUR SOLE REMEDY AGAINST PERPAY, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO PERPAY FOR THE USE OF THE WEBSITE DURING THE TERM OF THIS AGREEMENT.
You acknowledge that Perpay has an interest in limiting the personal liability of its officers, directors, employees, agents, representatives and independent contractors. You agree that you will not bring any claim personally against any parent, affiliate or subsidiary of Perpay or any of their respective successors, assigns, shareholders, partners, members, officers, directors, managers, licensors, independent contractors, sub-contractors, consultants, employees (temporary or full-time), agents, representatives or advisors in their individual or representative capacities (collectively, the "Released Parties") in respect of any losses, expenses or damage you suffer in connection with the Website. Without prejudice to the above, you agree that the limitations of warranties and liability in the Terms and Conditions will protect the Released Parties as well as Perpay.
Nothing in the Terms and Conditions shall exclude or limit any warranty implied or imposed by law that would be unlawful to exclude or limit, including, to the extent applicable, liability for death or personal injury or fraud. By using the Website, you agree that the exclusions and limitations of liability set out in the Website disclaimer are reasonable. If you do not think they are reasonable, you agree not to use the Website.
You acknowledge and agree that the communications between you and Perpay are electronic. You consent to receive communications from Perpay in an electronic form, including e-mail. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Perpay will use reasonable efforts to honor any request you may have to opt out from receiving e-mails. You hereby confirm and agree that your sole remedy in connection with any e-mail sent by Perpay to shall be to stop your use of the Website.
Without limiting any other rights Perpay or any person or entity acting on our behalf may have, you consent to us (and/or any person or entity acting on our behalf) communicating with you, in connection with your application or service, using any telephone number, email address, or other contact information for you (or any persons listed on your application as a reference) that you have provided or will provide in the future to us (and/or any person or entity acting on our behalf). Perpay (and/or any person or entity acting on our behalf) may communicate with you using any current or future means of communication, including but not limited to: automated telephone dialing equipment, as defined by law, the FTC, or the FCC; artificial or pre-recorded voice messages; telephone or other electronic facsimile machine; SMS or text messages; and email directed to you at a mobile telephone service, or email otherwise directed to you. Perpay (and/or any person or entity acting on our behalf) may use such means of communication even if you will incur costs to receive such telephone messages, telephone calls, SMS or text messages, emails, or other means. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Perpay at any time, either by texting the word “STOP” to 215-398-1284, 98975, 844-378-7695, 34808, and 96167 using the mobile device that is receiving the messages, or by contacting firstname.lastname@example.org. If you opt in to receive update notification text messages from us, you will receive recurring messages regarding your Perpay order as it processes and ships to you. Our mobile text messages are intended for subscribers over the age of 18 and are delivered via U.S. short code, or one of our fallback numbers. We may use an automatic dialing system to deliver text messages to you. We do not charge you when you send a text to the short code or when you receive a response. However, message and data rates may apply depending on the wireless plan that you have with your carrier. You are responsible for managing the types of SMS text you receive. If you need help, you can reply HELP to the short code for help. You may elect to stop receiving marketing or promotional texts at any time by visiting perpay.com/remove or replying STOP to each number you received the text message from. You consent that by following such a request to unsubscribe, you may receive one (1) final message from us confirming that you have been inactivated in our system. The short code is supported on most U.S. carriers, including, but not limiited to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile, Sprint. Please note, however, that the supporting mobile carriers may change without notice, and the mobile carriers are not liable for delayed or undelivered messages.
You agree to comply with all applicable third-party terms of agreement when using Perpay's Services including our partner, Pinwheel (http://getpinwheel.com/terms). We are not a party to those agreements and we have no responsibility for the products and services provided by third parties. You acknowledge and agree that this agreement is between you and Perpay, not with any Covered Third Party. You acknowledge and agree that we are solely responsible for Perpay's services and for providing maintenance and support services for Perpay's services.
Covered Third Parties have no warranty obligations whatsoever with respect to Perpay's Services and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of Perpay's services to conform to any warranty provided by us, if any, will be our sole responsibility.
Automatic Termination for Non-Compliance: If you are not in full compliance with all of these Terms and Conditions, the permissions granted to you under these Terms and Conditions will be terminated, and you agree that in such circumstance you will no longer use or access, or be entitled to use or access, the Website, the Content or any account on the Website.
Perpay’s Right to Terminate Your Use: Perpay may terminate your right to use the Website, or block you from future use, at any time in its sole discretion, with or without cause, and without notice to you. Some circumstances in which Perpay may exercise this right to terminate your right to use the Website include, without limitation: (a) you have breached any provision of the Terms and Conditions; (b) you have engaged in conduct which Perpay, in its sole discretion, considers to be unacceptable; (c) Perpay is required by law to do so; or (d) Perpay no longer provides the Website. The above are only examples of circumstances in which Perpay may terminate your right to use the Website and Perpay may terminate your right to use the Website for any other reason in its sole discretion. You agree that we shall not be liable to you due to or by reason of our termination of your right to use the Website or the automatic termination of your right to use the Website for non-compliance set forth above.
Voluntary Termination by You: If you want to terminate your legal agreement with Perpay under these Terms and Conditions, you may do so by notifying Perpay at email@example.com.
Survival of Provisions: Your obligations and the disclaimers and provisions relating to the following sections of these Terms and Conditions will survive any termination or expiration of the Terms and Conditions, regardless of the reason for that termination or expiration: (a) Perpay’s Intellectual Property, Copyrights and Identifying Marks, (b) Disclaimer of Warranties; Limitation of Liability, (c) Indemnification, (d) Choice of Law; Forum for Disputes, (e) Miscellaneous, (f) Waiver of Jury Trial, and (g) Class Action Waiver.
Survival of Other Obligations: You acknowledge that: (a) any legal obligations you may have under any other agreement with Perpay (including any agreement for services) will not be affected in any way by the termination of the Terms and Conditions; and (b) any such other agreement between you and Perpay will continue to be in effect in accordance with its terms.
You acknowledge and agree that misappropriation or misuse of any content or data contained on the Website or your failure, following termination of your rights to access or use the Website, to cease accessing or using the Website or any content or data contained on the Website will result in immediate and irreparable harm to Perpay for which there is no adequate monetary remedy. Accordingly, if you violate the Terms and Conditions, Perpay will be entitled, at any time, to bring an action or proceeding for specific performance, injunctive relief or other equitable relief in addition to (and not instead of or in substitution for) any other remedies at law or in equity, without the need for the posting of a bond or any other requirement.
Without prejudice to Perpay’s other rights under the Terms and Conditions, if you breach the Terms and Conditions in any way, Perpay may take such action as Perpay deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, terminating any and all of your Perpay accounts or memberships, blocking computers using your IP address from accessing the Website, contacting your internet service provider or other telecommunications provider to request that it block your access to the Website and/or bringing court proceedings or taking other legal action against you.
You agree not to: (i) make any representations, warranties or guarantees on Perpay’s behalf or with respect to the Website or any content or data contained on the Website; (ii) make any false or misleading representations with regard to Perpay or the Website or any content or data contained on the Website; or (iii) participate or engage in any illegal, deceptive, misleading, fraudulent, unethical or improper practices on, through, by means of or with respect to the Website.
You acknowledge and agree that you may not assign, delegate, sub-contract or otherwise transfer your rights and/or obligations under the Terms and Conditions. Perpay may transfer, assign, delegate, sub-contract or otherwise transfer its rights and/or obligations under the Terms and Conditions without notifying you or obtaining your consent.
The Terms and Conditions and all disputes, claims or controversies (whether in tort, contract or otherwise) arising out of or relating in any way to the Terms and Conditions, the Website or the Content, the negotiation, interpretation, validity or performance of the Terms and Conditions, the rights and obligations of you and us hereunder or any transaction contemplated by the Website shall be governed by and construed in accordance with the laws of the State of Delaware without regard to the rules or principles of conflict of laws of such State or any other jurisdiction that would permit or require the application of the laws of any other jurisdiction.
By registering as a user with Perpay, you agree that any dispute involving you and us shall be resolved through binding individual arbitration. In so agreeing, you expressly waive your right to have any dispute between us and you resolved by a court of law, including via a trial by jury. You hereby agree that any claim or dispute arising from use of Perpay Marketplace or its service providers, agents, employees, successors, assigns, affiliates, parents will be resolved EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of the American Arbitration Association in effect at the time the claim is filed. Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Philadelphia, Pennsylvania. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
PERPAY AND YOU EACH ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY THAT MAY ARISE UNDER THESE TERMS AND CONDITIONS IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES AND, THEREFORE, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE AND FOR ANY COUNTERCLAIM THEREIN. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (II) SUCH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (III) SUCH PARTY MAKES THIS WAIVER VOLUNTARILY, AND (IV) SUCH PARTY HAS BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION.
YOU AND WE AGREE THAT THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED AS A CLASS ACTION (INCLUDING WITHOUT LIMITATION OPT OUT CLASS ACTIONS OR OPT IN COLLECTIVE CLASS ACTIONS), OR IN A REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL CAPACITY ON BEHALF OF A CLASS OF PERSONS OR THE GENERAL PUBLIC. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.
You acknowledge and agree that all rights not otherwise expressly granted to you by the Terms and Conditions are reserved to Perpay. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Perpay as a result of the Terms and Conditions or any use of the Website. The failure of Perpay to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You and Perpay agree that the court should give effect to the your and Perpay’s intentions as reflected in such provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and Perpay, nor trade practice, shall serve to modify any provision of the Terms and Conditions. For purposes of the Terms and Conditions, the terms "include," "includes," "including," "such as" and "for example," shall be construed as if each term were followed by the words, "without limitation." Except where context requires otherwise, use of the singular form of any noun includes the plural, and use of the plural includes the singular.
Stopping or lowering your direct deposit/allotment below your required minimum payment during the installment contract period may subject you to a non-refundable fee of up to $35 per incidence. By agreeing to Perpay, you are hereby authorizing us to debit the backup payment account you provided in the event of default or missed payments. Fees incurred as a result of inaccurate backup payment information you provided may result in additional charges to your account.
In the event of a missed/late installment payment, you agree to authorize Perpay to either debit your bank account (ACH) or charge your credit or debit card, if provided, in the amount of up to $35 and you agree and acknowledge that Perpay may, in its sole discretion and to the extent permitted by law, debit or charge the full amount due or the periodic payments until the indebtedness is fully satisfied. Missed/late payments are payments not received within six (6) calendar days of the installment payment due date.
ANNUAL PERCENTAGE RATE (The cost of your credit as a yearly rate)
FINANCE CHARGE (The dollar amount the credit will cost you as a yearly rate)
AMOUNT FINANCED (The amount of credit provided to you on your behalf)
Total $ Amount of your Order
TOTAL OF PAYMENTS (The amount you will have paid after repayment is complete)
Total $ Amount of your Order. In cases where your employer limits payroll deductions to whole dollar amounts, your total amount of payments may be slightly more than the amount shown.
NUMBER OF PAYMENTS
The number of payments you selected (e.g., 4, 8, 16 or 26)
AMOUNT OF PAYMENTS
(The total $ amount of your order) / (The number of payments you selected)
YOUR PAYMENTS WILL BE
Weekly, Bi-Weekly, Semi-Monthly, or Monthly depending on your pay-cycle and will commence on your next scheduled pay date or shortly thereafter.
Credit Life Insurance and Credit Disability Insurance are not offered as part of this transaction.
You are giving a security interest in the goods being purchased.
If you pay early, you will not have to pay a penalty, and you may, under certain circumstances, receive a partial refund of the finance charges paid.
Perpay welcomes questions and comments about the Terms and Conditions. Questions or comments should be directed to firstname.lastname@example.org.