Company: Results Zone, LLC DBA PAYearned and its affiliated entities (“Company”, “us”, “our”, and “we”)

Company Contact Information: info@payearned.com

Company Website: The website located at https://PAYearned.com (together with any websites on related domains or subdomains, the “Site”).

Company Apps: The mobile or online application(s) or platforms entitled “PAYearned.com” (collectively, the “App”).

Agreement

These Terms of Use (these “Terms”) are a legal agreement between you and your business, if applicable, on the one hand (together, “you” or “your”), and Company on the other hand. These Terms govern your use of (i) any websites or web applications provided, published, developed or made available by the Company, including the Site; (ii) any mobile or online applications provided, published, licensed, developed or made available by the Company, including the App; and (iii) any feature, content, software, hardware, services or other products available on or through the Site or the App or otherwise provided by the Company (together with the Site and the App, the “Services”).

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE AUTOMATICALLY ACCEPTING THESE TERMS.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

1. Accounts

1.1. Account Creation

In order to use certain Services, you may be required to register for an account on the Site or the App (“Account”) and provide certain information about yourself. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.

1.2. Account Eligibility

You represent and warrant that you (i) have the legal capacity to enter into contracts; (ii) are not on a list of persons barred from receiving services under U.S. laws; (iii) are not a resident of any country subject to sanctions imposed by the United States or the United Nations; and (iv) are at least 13 years of age or older.

1.3. Account Responsibilities

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account.

1.4. Account Password

You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your Account.

1.5. Account Notices

By providing us with your email address, you agree to receive all required notices electronically, to the email address provided.

1.6. Account Termination

You may delete your Account at any time. Company may suspend or terminate your Account at any time, and you agree that Company will not have any liability whatsoever to you for any termination of your Account.

1.7. Monitoring; Enforcement

Company reserves the right to review any User Content, monitor your use of the Services, and investigate and take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms.

2. Access to the Services

2.1. License

Company grants you a non-transferable, non-exclusive, revocable, non-sublicenseable, limited license to use and access the Services solely for your own personal, noncommercial use (the “License”). This License is revocable by Company at any time without notice.

2.2. Certain Restrictions

You shall not: (a) license, sell, rent, distribute, host, or commercially exploit the Services; (b) modify, disassemble, reverse compile or reverse engineer any part of the Services; (c) access the Services to build a similar or competitive product; (d) copy, reproduce, distribute, republish, or transmit the Services; (e) violate the Acceptable Use Policy; and (f) you must be at least eighteen (18) years of age.

2.3. Acceptable Use Policy

You agree not to use the Services to collect, upload, transmit, display, or distribute any content that: (i) violates any third-party right; (ii) is unlawful, harassing, abusive, or harmful; (iii) is harmful to minors; or (iv) is in violation of any law, regulation, or obligations. You also agree not to upload viruses, send spam, harvest user data, interfere with servers or networks, or attempt unauthorized access to the Services.

2.4. Modification

Company reserves the right to modify, suspend, or discontinue any Services or the License with or without notice at any time.

2.5. No Support or Maintenance

The provision of any support or maintenance shall be in the Company’s sole discretion.

2.6. Ownership; Reservation of Rights

All Intellectual Property Rights in the Services are and shall remain owned by Company or Company’s suppliers, contractors or partners.

2.7. Intellectual Property Rights

“Intellectual Property Rights” means all intellectual property rights worldwide including patents, copyrights, trade secrets, proprietary rights, and all goodwill associated with any of the foregoing.

3. Content

3.1. Company Content

The information and materials created and made available by Company on the Services (“Company Content”) are the copyrighted works of Company and its licensors.

3.2. Downloadable Content

Company grants you the limited right to download and print Company Content solely for personal, noncommercial use.

3.3. Third-Party Links & Ads

The Services may contain links to third-party websites and advertisements. Company is not responsible for any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk.

3.4. User Content

“User Content” means any information and content that a user submits to the Services. You are solely responsible for your User Content. You grant Company an irrevocable, nonexclusive, perpetual, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, and use your User Content. User Content may be deleted upon account termination or after 365 days of inactivity.

3.5. Feedback

If you provide Company with any feedback or suggestions, you assign to Company all rights in such Feedback. Company will treat any Feedback as non-confidential and non-proprietary.

3.6. Copyright Policy

We have adopted a DMCA procedure. If you believe that your copyrighted work has been illegally uploaded, you may send a written notice to Company at info@payearned.com.

4. Payment Terms

4.1. Company Paid Services

Company may offer Subscription Services or A La Carte Services (“Paid Services”). The License to use any Paid Services is conditioned on full payment of applicable Fees.

4.2. Fee Amounts; Changes

Company has the right to change Fees at any time. Your continued use of any Paid Services after a Fee change constitutes your agreement to such changes.

4.3. Free Trial

Access to certain Paid Services may be permitted for a free-trial period. Upon expiration, your License terminates until you have paid the required Fees.

4.4. Non-Refundable; Taxes

All Fees are non-refundable. All Fees are exclusive of taxes, and you are responsible for all applicable taxes.

4.5. Payment

Fees may be paid by debit card, credit card, or other accepted forms. By linking a payment method, you authorize us to collect all Fees.

5. Indemnification

You agree to indemnify and hold Company harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of these Terms, (c) your violation of applicable laws, or (d) your User Content.

6. Limitation on Liability; Disclaimers; Release

6.1. Release

You hereby release and forever discharge the Company from each and every past, present and future dispute, claim, or cause of action that has arisen or arises directly or indirectly out of the Services.

6.2. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IF APPLICABLE LAW REQUIRES ANY WARRANTIES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

6.3. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. OUR LIABILITY TO YOU WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50).

6.4. Acknowledgement

You acknowledge that the Services may not function correctly and without error all the time, and agree that Company shall not be held liable for any downtime or errors.

7. Term and Termination

These Terms will remain in full force while you use any Services. We may suspend or terminate your License at any time for any reason. Upon termination, your Account and right to access the Services will terminate immediately.

8. Dispute Resolution

This section contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

8.1. Applicability

All claims and disputes that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis.

8.2. Notice Requirement

Before seeking arbitration, the party must first send a written Notice of Dispute. If the claim is not resolved within thirty (30) days, either party may begin an arbitration proceeding.

8.3. Arbitration Rules

Arbitration shall be initiated through the American Arbitration Association (“AAA”) and conducted by a single, neutral arbitrator. Any hearing will be held within 100 miles of your residence.

8.7. Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES SHALL BE RESOLVED BY ARBITRATION.

8.8. Waiver of Class Actions

ALL CLAIMS AND DISPUTES MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

8.16. Courts

Where the Arbitration Clause permits litigation in court, the parties agree to submit to the personal jurisdiction of the courts located within Utah County, Utah.

9. General

9.1. Changes

These Terms are subject to occasional revision. Changes will be effective upon the earlier of thirty (30) calendar days following e-mail notice or posting of notice on the Site.

9.2. Export

You agree not to export, reexport, or transfer any U.S. technical data in violation of United States export laws or regulations.

9.3. Disclosures

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

9.4. Electronic Communications

You consent to receive communications from Company in electronic form and agree that all communications provided electronically satisfy any legal writing requirement.

9.5. Entire Terms

These Terms constitute the entire agreement between you and us regarding the use of the Services. These Terms may not be assigned by you without Company’s prior written consent.

9.6. Copyright/Trademark Information

Copyright © 2021 Results Zone, LLC. All rights reserved. All trademarks, logos and service marks displayed in connection with any Services are our property or the property of third parties. You are not permitted to use these Marks without prior written consent.