The Website and its Content are provided "as is" and expressly disclaims any express or implied warranty of any kind including warranties of merchantability or fitness for a particular purpose. TRUEPAY offers no assurance of uninterrupted or error free Services. TRUEPAY does not warrant the accuracy, completeness OR AVAILABILITY of the information, text, VIDEO, graphics, links or other items contained on Website.
TRUEPAY IS NOT LIABLE FOR ANY THIRD PARTY DISRUPTION OF ACCESS TO THE WEBSITE oR CONTENT NOR IS IT LIABLE FOR ANY DAMAGE OR DENIAL OF ACCESS TO ANY COMPUTER, NETWORK OR COMMUNICATIONS EQUIPMENT.
Right to Amend
Truepay can amend this Agreement at any time in its sole discretion by posting an updated version of this Agreement to the Website and notifying users at Login. Truepay will take reasonable steps to inform you in advance, if possible of any such amendment as set forth above.
California Consumer Notice
Under California Civil Code Section 1789.3, California users of EA’s services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUEPAY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, CONTENT OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TRUEPAY OR ANY OTHER SUBSCRIBER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRUEPAY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. You agree that the liability of Truepay hereunder shall not exceed the amount of Fees actually paid by you during the 30 days prior to the event giving rise to liability and unless prohibited by law, any cause of action must be brought within one year of the incident relating to the cause of action. You also agree to waive your rights to a jury trial for any cause of action. You agree that any cause of action related to or arising out of your relationship with Truepay must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Indemnity. You agree to indemnify, defend and hold harmless Truepay and its officers, directors, employees, agents, affiliates, licensors, parents and subsidiaries for any and all claims, demands, liabilities and disputes arising from or related to your use of the Website as well as any Subscriber Content generated by you thereto, including, but not limited any damages, costs, reasonable legal fees arising in any way.
Severability. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Pare to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Notices. Notices by Truepay or its Website to Users may be given by means of electronic messages, by a general posting on Website, by mail or by telephone. ,
Customer Care. Inquiries regarding Subscription, Registration or the use of this Website must be directed to the customer service department here.
Governing Law. This Agreement shall be governed pursuant to the laws of the state of California. Any and all disputes arising under this Agreement shall be resolved exclusively before courts of competent jurisdiction in the County of Los Angeles.
Assignment. Truepay reserves the right to assign any or all of its rights or obligations under this Agreement to a third party without prior notice or consent from User.
The following Sections hereof shall survive termination of this Agreement: Definitions, Disclaimers and Miscellaneous.