Terms of use

Eligibility and scope

1.1 Who may use the Site

You must be old enough to enter a contract where you live, and able to do so. If you use the Site for a company, you confirm that you may act for that company, and that the company also accepts these Terms.

You confirm that you are a real user looking for payroll information for a real business need. You may not use the Site to gather material for a lawsuit, or to benchmark it for a competing product. If we have blocked you before, you may not use the Site again.

1.2 Use from outside the United States

We run the Site from the United States, and we build it around United States payroll needs. If you use it from another country, you do so at your own risk. You are responsible for the laws that apply where you are.

The Site and what is on it

2.1 What the Site includes

The Site holds listing pages for payroll service providers, guides about buying payroll, calculators and quizzes, a quote form that our partner 360Connect provides, and a form to apply to be listed. Our disclosure page explains how the Site earns money.

2.2 Listings and provider information

Our editors write each listing from what a provider sends us and from what we can confirm in public records. We check the basics before a page goes live.

Facts still change. Prices, features, states served, and phone numbers can be out of date by the time you read them. Confirm every detail with the provider before you sign anything. Ratings and badges reflect our own view under the rules we publish. We may edit, pause, or remove any listing at any time.

2.3 Guides, calculators, and quizzes

Our tools work from the numbers you enter. They use general assumptions, and they cannot see your books, your contracts, or your tax history. Treat any result as a rough starting point. It is not a quote, and it is not an audit.

Quote requests and provider contact

The quote form appears on our pages, but our partner 360Connect provides and runs it. What you type into it goes into their system rather than ours. We keep no copy of our own, though we can view requests sent through our pages in the dashboard they give us.

That form carries its own terms and its own privacy policy, shown with the form. Those apply to what you send, so read them first. Our privacy policy explains the split in more detail.

When you send a request, 360Connect passes it to providers who can answer you. You agree that those providers and partners may contact you by phone, text, or email at the details you give, including through automated systems where the law allows it. You may ask any of them to stop at any time.

Any deal you make with a provider is between you and that provider. Read their contract before you sign it.

Provider applications and listings

4.1 Applying to be listed

If you apply, you confirm that the details you send are true, current, and yours to share. You also confirm that you may act for the company you name.

4.2 Editorial control

Our editors write the listing page and decide what it says and how it reads. We may check your claims against your website and public records. We may decline an application, edit a page, or remove a listing at any time, with or without notice.

4.3 Material you send us

You may send a logo, text, or other material for a listing. If you do, you give us a worldwide, royalty free license to store, copy, display, and use it. That license covers the Site and material about the Site. You keep ownership of what you send, and you confirm that you hold the rights you are granting us.

Our proprietary rights

5.1 Intellectual property

The Site and the rights in it belong to PayrollModo, Inc. and to the people who license material to us. The text, layout, design, images, code, and the way the pages are selected and arranged are protected by copyright, trademark, and other laws.

Our team built, checked, and arranged this material through real time, effort, and cost, and it is valuable property. You gain no rights in it beyond what these Terms grant. You agree to follow every copyright notice and restriction on the Site, and to tell us if you learn that someone is using it without permission.

5.2 Use of our marks

You may not use our name, logo, or other marks in a way that suggests they belong to you, or that we back you, unless we agree in writing first. Other names, logos, and product names on the Site belong to their owners, and we show them only to identify the company.

License and prohibited conduct

6.1 Your license

As long as you follow these Terms, we grant you a limited, personal, revocable right to view and use the Site for your own business research. You may not share, sublicense, or transfer that right. We keep every right we do not grant here.

6.2 Uses that are not allowed

Using the Site for anything illegal, or for anything these Terms do not allow, is prohibited. You agree not to:

• Break any federal, state, local, or international law or rule
• Use the Site commercially, for benchmarking, or to build a product or service
• Copy, modify, publish, republish, sell, broadcast, or create new works from our content, except as these Terms allow or as we agree in writing
• Reverse engineer any part of the Site
• Scrape, index, frame, or copy the Site with a robot, spider, crawler, or any automated method
• Get around a robot exclusion header or any other limit we place on access
• Claim a tie to a person or company that is not real, or pretend to be someone else
• Ask other users for personal or financial details under false pretenses
• Send false, stolen, or misleading details through our forms, or use them for ads or spam
• Upload code or files meant to cause harm
• Break these Terms or any policy we post, or help someone else break them
• Interfere with anyone else's use of the Site

We may remove material, block access, or close an account at our own discretion.

Legal compliance

This section covers what you send us through our own forms. You agree that we may access, keep, and share it if the law requires it, or if we believe in good faith that our privacy policy allows it, or that it is reasonably needed to:

• Follow legal process
• Enforce these Terms
• Answer a claim that content on the Site harms someone's rights
• Protect the rights, property, or safety of PayrollModo, our staff, our users, or the public
• Run the Site
• Handle a request you made to us

Paid listings and purchases

Some listing types are paid. We show the price before you buy, and the order terms shown at the time of purchase apply to that purchase along with these Terms.

Fees pay for the listing service itself. Every listing goes through the same review before it goes live, whether it is paid or not. Payment never raises a rating and never earns a badge. Our disclosure page sets this out in full.

Warranties and disclaimers

YOU UNDERSTAND AND AGREE THAT:

• YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND.
• TO THE FULLEST EXTENT THE LAW ALLOWS, PAYROLLMODO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THIS INCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON INFRINGEMENT.
• WE MAKE NO PROMISE THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE, OR FREE OF ERRORS.
• NOTHING ON THE SITE IS LEGAL, TAX, OR FINANCIAL ADVICE. GET PROFESSIONAL ADVICE BEFORE YOU ACT ON ANYTHING YOU READ HERE.
• NO ADVICE OR INFORMATION YOU RECEIVE FROM US OR THROUGH THE SITE, WHETHER SPOKEN OR WRITTEN, CREATES ANY WARRANTY.
• ANY SERVICE A PROVIDER SELLS IS SOLD BY THAT PROVIDER. ANY WARRANTY FOR IT COMES FROM THAT PROVIDER, UNDER THE CONTRACT YOU SIGN WITH THEM.
• WE MAKE NO PROMISE THAT A PROVIDER, A QUOTE, OR A RESULT FROM ONE OF OUR TOOLS WILL MEET YOUR NEEDS, SAVE YOU MONEY, OR PRODUCE ANY PARTICULAR OUTCOME.
• ANY MATERIAL YOU DOWNLOAD FROM THE SITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR ANY LOSS OF DATA OR DAMAGE TO YOUR DEVICE THAT RESULTS.
• WHERE THE LAW DOES NOT ALLOW A DISCLAIMER LIKE THIS, IT DOES NOT APPLY TO YOU.

Limitation of liability

IN THIS SECTION, "THE PAYROLLMODO PARTIES" MEANS PAYROLLMODO, INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AND REPRESENTATIVES, PLUS THEIR SUCCESSORS AND ASSIGNS.

TO THE FULLEST EXTENT THE LAW ALLOWS, THE PAYROLLMODO PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. THIS COVERS DAMAGES THAT COME FROM USING THE SITE, AND DAMAGES THAT COME FROM BEING UNABLE TO USE IT. IT APPLIES EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. IT APPLIES UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY.

WE WILL NOT BE LIABLE FOR LOST PROFITS, LOST DATA, LOST SAVINGS, TAX PENALTIES, BUSINESS INTERRUPTION, OR LOST BUSINESS OPPORTUNITY.

OUR TOTAL LIABILITY FOR ALL CLAIMS IS CAPPED. THE CAP IS THE AMOUNT YOU PAID US FOR THE SERVICE THE CLAIM RELATES TO. IF THE CLAIM DOES NOT RELATE TO A PAID SERVICE, THE CAP IS ONE HUNDRED DOLLARS.

WE DO NOT WARRANT, ENDORSE, OR GUARANTEE ANY SERVICE THAT A THIRD PARTY ADVERTISES OR SELLS THROUGH THE SITE, OR ON ANY SITE LINKED FROM IT. WE ARE NOT A PARTY TO A TRANSACTION BETWEEN YOU AND A PROVIDER, AND WE HAVE NO DUTY TO MONITOR ONE. YOU ACCEPT THE RISK OF ANY HARM OR LOSS THAT COMES FROM SUCH A TRANSACTION.

THESE LIMITS APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW SOME OF THESE LIMITS, SO PART OF THIS SECTION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE PAYROLLMODO PARTIES, AS DEFINED ABOVE, FROM ANY THIRD PARTY CLAIM OR DEMAND. THAT INCLUDES REASONABLE LEGAL FEES AND COSTS. IT COVERS A CLAIM THAT COMES FROM ANY OF THE FOLLOWING:

• YOUR USE OF THE SITE
• YOUR BREACH OF THESE TERMS OR OF THE PRIVACY POLICY
• YOUR BREACH OF ANY LAW
• THE MATERIAL OR THE DETAILS YOU SENT US
• YOUR BREACH OF ANYONE ELSE'S RIGHTS

WE MAY TAKE OVER THE DEFENSE AND CONTROL OF SUCH A CLAIM AT OUR OWN COST. IF WE DO, YOU AGREE TO COOPERATE WITH US.

Advertisers and providers

Your dealings with advertisers, providers, and other companies found on or through the Site are between you and them. That includes payment, delivery, terms, warranties, and any promise made along the way.

You agree that we are not liable for any loss or damage that comes from those dealings, or from the presence of an advertiser or a provider on the Site.

Third party links and services

The Site may show information from other companies, link to outside websites, and host forms that partners provide.

Some of those links and forms are affiliate links. We work with 360Connect, and we work with other affiliate partners, including companies that sell software with a payroll service. We may earn a fee when you click one of those links or send a request through one, and those partners may use cookies to measure it. Our disclosure page explains the full picture.

We are not responsible for outside sites or for what is on them, for errors on them, or for the way they handle your details. Their terms and their privacy policy apply once you get there, so read them before you share anything.

Changes and ending access

14.1 Changes to the Site

We may change, pause, or close any part of the Site at any time, with or without notice. We are not liable to you or to anyone else for doing so.

14.2 Ending access

These Terms stay in force until you or we end them. We may block your access to all or part of the Site at any time, at our own discretion. Reasons include:

• A breach of these Terms
• A request from a law enforcement or government body
• A technical or security problem
• A change to the Site, or the closing of part of it
• Details you gave us that were false, out of date, or incomplete

If your access ends, the rights these Terms grant you end with it. Sections that by their nature should continue still apply, including our proprietary rights, the disclaimers, the limits on liability, the indemnity, and the arbitration section.

Governing law, jurisdiction, and severability

These Terms are governed by the laws of the State of New York. The same applies to any dispute or claim that comes from these Terms or from the Site. Conflict of law rules do not apply, whether they belong to New York or to any other place.

The arbitration section below comes first. Where it does not apply, a claim must be filed in the state or federal courts located in New York County, New York. You agree that those courts have authority over you, and you give up any objection that the location is inconvenient.

If a court or an arbitrator finds part of these Terms invalid, that part is limited or removed as far as needed, and the rest of the Terms still apply in full.

Mandatory arbitration and class action waiver

THIS SECTION APPLIES IF YOU LIVE IN THE UNITED STATES OR USE THE SITE FROM THE UNITED STATES. PLEASE READ IT WITH CARE. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 What it covers

You agree to arbitrate every dispute and claim that comes from these Terms or from your use of the Site. That includes claims about how these Terms were formed, how they were performed, and whether they were breached.

BY USING THE SITE, YOU GIVE UP YOUR RIGHT TO A TRIAL BY JURY AND YOUR RIGHT TO TAKE PART IN A CLASS ACTION.

16.2 Talk to us first

Most problems can be fixed without arbitration. Before either side starts a formal case, you agree to contact us through our contact page with a short written description of the dispute, the relief you want, and your contact details.

Both sides then have sixty days to try to settle it in good faith. Either side may start arbitration after that period ends. Claims about intellectual property and claims in small claims court are exempt from this step.

16.3 Time limit to file a claim

ANY CLAIM THAT COMES FROM THESE TERMS OR FROM THE SITE MUST BE STARTED WITHIN ONE YEAR AFTER IT ARISES. AFTER THAT, THE CLAIM IS BARRED FOR GOOD.

16.4 How arbitration works

If the sixty day period ends without a settlement, either side may start binding arbitration. It is the only way to resolve claims, apart from the exceptions in 16.6.

One arbitrator will hear the case. The arbitration will be run by a recognized arbitration service under the rules it has in place when the case starts, and those rules will not allow class procedures. The hearing takes place in New York County, New York, unless both sides agree on somewhere else.

The arbitrator decides every question about these Terms, including whether a claim belongs in arbitration and whether any part of these Terms is valid. The award is written, it binds both sides, and either side may enter it as a judgment in any court with authority.

Each side pays its own legal fees unless the arbitration rules or the law say otherwise. Both sides understand that without this section they could sue in court and ask for a jury, and that arbitration can limit discovery.

16.5 Class action waiver

YOU AND PAYROLLMODO EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. NEITHER SIDE MAY ACT AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS OR REPRESENTATIVE CASE.

A court or an arbitrator may find this waiver invalid. It may also decide that a case can go ahead on a class basis. In either case, the whole arbitration section is void, and neither side is treated as having agreed to arbitrate.

16.6 Exceptions

Either side may go to court to protect intellectual property rights, which means patents, copyrights, moral rights, trademarks, and trade secrets. Either side may also bring a claim in small claims court if it fits within that court's limits.

16.7 Your right to opt out

You may opt out of this arbitration section and the class action waiver. Send us written notice through our contact page with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT OUT."

Your notice must reach us within thirty days of your first use of the Site. If it does, neither side is bound by this section. If it does not, this section applies to you.

16.8 Changes to this section

For new users, this section applies right away. For people already using the Site, we will post any change to this section thirty days before it takes effect. A change applies only to claims that arise after it takes effect.

General terms

17.1 Events outside our control

We are not liable for a delay or a failure caused by an event beyond our reasonable control.

17.2 Waiver

A waiver counts only if we put it in writing. If we do not enforce a right once, that does not waive it later.

17.3 Third party beneficiaries

These Terms create no rights for anyone outside you and us, unless a section here says otherwise.

17.4 The whole agreement

These Terms, together with everything they include by reference, are the whole agreement between you and PayrollModo about the Site. They replace any earlier agreement on the same subject.

You may not assign or transfer these Terms. We may assign them without limit. They bind each side and its successors and permitted assigns. A spoken statement from anyone on our team cannot change them.

These Terms create no agency, partnership, joint venture, or employment relationship. An agreement made in electronic form is as binding as one made on paper. The word "including" always means "including without limitation." Section titles are there for convenience and carry no legal weight.

17.5 Notices

We may send you notice by email, by posting it on the Site, or by any other reasonable method, and it takes effect when sent. Send any notice to us through our contact page, and it takes effect when we receive it.

Questions

This site is run by PayrollModo, Inc. If you have a question about these Terms, send it through our contact page.

You may also want to read our privacy policy and our disclosure page.