Terms of Service
This website is provided to you by Transactly Inc. (d/b/a “ConnectServices.com”, and referred to herein as “ConnectServices”).
You agree to the following terms and condition (“Terms”), which govern your use of this website, and all software, applications, and services provided by Transactly, Inc. (collectively, the “Services”). As used herein, the terms “Transactly, Inc.”, “ConnectServices.com”, “ConnectServices”, “us,” “we,” or “our” mean Transactly, Inc. , any subsidiary or affiliate of Transactly, Inc. that provides you any part of the Services, and any employee, agent, independent contractor, affiliate, designee, or assignee of Transactly, Inc. that we may, at our sole discretion, choose to involve in the provision of the Services.
You must be at least eighteen (18) years of age to use our Services. By using our Services you warrant and represent that you are at least eighteen (18) years of age.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND ANY OF THE TRANSACTLY PARTIES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY ALL TERMS BELOW FOR DETAILS.
Sites and Services Use Limitations
This website, all of its sub-domains, and any software you encounter through our Services are referred to as “Sites.” You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from our Sites. You specifically agree not to access (or attempt to access) the content of our Sites through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to our Sites.
Use of Our Email Addresses, Phone Numbers, and Live Chat
You agree to use communication methods made available by ConnectServices only to send messages and material that are proper and related to the subject matter for which this communication method was made available. By way of example, and not as a limitation, you agree that when using an email, phone number, chat, or other communication method made available through our Services, you will not do any of the following: 1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; 2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, false, untruthful or unlawful material or information; Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters. You acknowledge that all forums are public and not private communications.
License to Use Sites
Unless otherwise stated, ConnectServices and/or its licensors own the intellectual property rights in all material found in its Services. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from Sites for your own personal use, subject to the restrictions set out below and elsewhere in these Terms. You must not:
- republish material from our Sites or any of our Services (including republication on another website);
- sell, rent or sub-license material from our Sites or any of our Services;
- show any material from our Sites or any of our Services in public;
- reproduce, duplicate, copy or otherwise exploit material from our Sites or any of our Services for a commercial purpose; or
- edit or otherwise modify any material from our Sites or any of our Services;
- or redistribute material from our Sites or any of our Services.
Copyright and Trademark Information
All material provided by our Services are the property of ConnectServices and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. ConnectServices is a trademark or a registered trademark of Transactly, Inc. in the United States and certain countries. All ConnectServices product names and logos are trademarks or registered trademarks of Transactly, Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries.
Phone Calls, Emails, and Text Messages (SMS)
By providing any contact information you submit through any form on this website, or through any other interactions with our Services you agree to be contacted by, or on behalf of, ConnectServices via phone call, text messaging (SMS), and/or email. This consent is not required in order to make a purchase. Message & data rates may apply. You can reply STOP at any time to stop receiving text messages and can unsubscribe from our email marketing at any time.
Third Party Product and Service Offerings
The product and service offerings made available for purchase by you through our Services are made and offered by third-party product and service providers (“Providers”). When you purchase any product or service through our Services, you are contracting directly with each of the Providers that will be providing that product or service to you. ConnectServices facilitates your transaction with these Providers, and may receive compensation from Providers as a result of your purchase(s).
You are not purchasing or ordering products or services from ConnectServices when you make a purchase through one of these Providers. Although we are interested in receiving feedback regarding Provers, and their products and services, and may from time to time assist you in your dealings with such service providers, ConnectServices is not responsible for the performance of any of the Providers. ConnectServices does not make any representation about the suitability for the information, software, products or service contained on this website or any of our Services regarding Providers. All such information we provide to you regarding Providers is provided “as is” and “where is” without warranty of any kind, and you agree to determine your own suitability of any product or services made available to you before making a purchase from any of the Providers.
ConnectServices hereby disclaim all warranties and conditions with regard to the Providers’ products and services, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of our Services or with any delay or inability to use this website or our Services to obtain any information, perform research, or purchase from Providers; or otherwise arising out of our Services, whether based on contract, tort, strict liability or otherwise, even if we have been advised of the possibility of damages.
Prices and Availability
Prices and availability of product and service offerings from Providers are subject to change without notice. We reserve the right to revoke any offering and to correct any errors, inaccuracies or omissions, which may occur. You have no obligation to use our Services or to contract with the Provers whose products and services are offered through our Services. Providers are not obligated to offer their products or services through our Services, and we may not make available through our Services all of the Providers products and services available to you.
Information Sent to Providers
By providing any contact information you submit through any form on this site, you agree to be contacted by, or on behalf of, Connect via phone call, text message, and/or email. This consent is not required in order to make a purchase. Message & data rates may apply. You can reply STOP at any time to stop receiving messages.
Changes to Terms
We reserve the right to amend or otherwise modify these Terms, as we solely deem appropriate. Your continued use of Services will signify your acceptance of the revised Terms.
We may terminate your access to and use of our Services, at our sole discretion, at any time and without notice to you if you are reasonably believed to have breached these Terms.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any of our Services.
You will indemnify and hold harmless the Transactly Parties, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) you and your Authorized Users’ access to or use of the Services, Tools, or Content, (ii) your and any of your Authorized Users’ User Content, (iii) acts or omission of any of your Authorized Users, or (iv) your or your Authorized Users’ violation of these Terms or any applicable law.
Limitation of Liability
NEITHER THE CONNECTSERVICES PARTIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TOUS FOR USE OF THE SERVICES OR CONTENT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.
Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Missouri, without regard to its conflict of laws provisions. Except as otherwise expressly set forth herein the exclusive jurisdiction for all Disputes (defined below) that you and the Transactly Parties are not required to arbitrate will be the state and federal courts located in St. Louis County, Missouri and the Eastern District of Missouri, and you and the Transactly Parties waive any objection to jurisdiction and venue in such courts.
Mandatory Arbitration of Disputes
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and ConnectServices agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and ConnectServices are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions and Opt-Out
You may seek to resolve a Dispute in small claims court if it qualifies. We each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules.
If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in St. Louis County, Missouri we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You will pay for all filing, administration and arbitrator fees and expenses of your Dispute.
Class Action Waiver. YOU AND CONNECTSERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.
If an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the subjects hereof, and these Terms supersede and replace any and all prior oral or written understandings or agreements between us and you. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
You agree that we may identify you as a Transactly customer in our promotional materials. We will promptly stop doing so upon your request sent to firstname.lastname@example.org.
Any notices or other communications provided by us under these Terms, including those regarding material modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. You agree to designate one or more points of contact for notices, billing, and privacy and security issues (“Designated POC”). Your default Designated POC will be email as entered in your Transactly Account. It is your responsibility to ensure you deliver to us an accurate email address that can be responded to by someone capable of administering your account, as your Designated POC.
Waiver of Rights
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Transactly, Inc. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms are the complete agreement between you and Transactly, Inc. and they supersede and replace any previous agreements or verbal commitments.
If you have any questions about these Terms or our Services, please contact us at email@example.com.