Terms & Conditions

This website is maintained by (company name), hereafter referred to as "the Company," to assist customers who have executed a contract. The customer accepts these Terms of Service, any operating procedures or regulations that may be revised on this website, and the underlying contract terms.

Anyone using this site on behalf of their employer affirms that they are authorized to accept the terms of service on behalf of the client user. A violation of the terms of service may result in the cancellation of a client's account.

APPROPRIATE USE

The client can't directly or indirectly offer, sell, lease, license, show, deliver, advertise, suggest, or promote any product(s), service(s), data, information, image(s), text, and/or content that:

  • Is illegal or breaks any local, state, federal, national, or Domestic law or Credit Card Association rules. This includes any adult, sexually-oriented, or obscene materials or services, such as books, text, photos, videos, X-rated movies, pornographic materials, etc., or any materials that people must be 18 or older to view or buy.
  • Constitutes a personal tort or otherwise goes against the Company's rules or policies. This includes but is not limited to, any misrepresentation, discrimination, violation of privacy, or use of an electronic device to hurt or steal from anyone in any way.

PROHIBITION

Do not engage in any sort of cyberbullying, which includes, but is not limited to:

  • Sending, publishing, or otherwise disseminating any form of mass promotional, unauthorized, or unsolicited commercial advertising or informational announcements via email to any number of network users (commonly referred to as "junk mail" or "spam"), regardless of where said email is distributed,
  • Sending the same message to several different newsgroups or mailing lists when the content is the same or very similar,
  • The intentional or habitual distribution of posts to a newsgroup or mailing list that are irrelevant to its stated purpose,
  • Transmitting unsolicited commercial electronic mail (spam) to any conference or newsgroup unless such transmission is expressly approved by the group's charter, or
  • Breaking the law against spam email.

RISK OF FRAUD

User acknowledges that the Company bears no liability for Merchant losses resulting from fraud. The business abides by PCI requirements and other norms. The onus is on the User/Client to research the many types of fraud that can occur and to build its systems and safeguards accordingly.

ENFORCEMENT

The ability and discretion to enforce these Terms lie solely with the Company. If Company deems that your services, offerings, or actions breach the Terms, Company may immediately terminate or suspend:

  • The Services,
  • A Service Agreement, and/or
  • Access to this Site at its sole discretion.

The company may report to appropriate law enforcement officials, regulators, or other suitable third parties any action (including proper disclosure of data or merchant information) that it considers may violate any law or regulation. To aid in the investigation and prosecution of any criminal conduct, the Company may also collaborate with authorized law enforcement organizations. Please notify (website name) if you find any violations of these rules.

CHANGES TO SITE

The Company is under no obligation to support or update the Site and reserves the right to change the Terms and modify or cancel all or any part of the Site, temporarily or permanently, with or without notice. As soon as the revised Terms are published on this Site, they will go into immediate effect. If you keep using the Site after we post changes to the Terms, you are indicating that you (a) accept the Terms, as modified, and (b) agree to be bound by the Terms, as amended. If you disagree with the new Terms, your only recourse is to (a) immediately discontinue using the Site and/or Services and (b) provide the Company with notice of termination.

THIRD PARTY LINKS

The Site may lead you away from it to another website. The company has no control over the content or policies of the linked websites and is not liable for them. These links are provided for your convenience only, and in no way do they constitute an endorsement, sponsorship, or association on the part of the company with the related Site. The company cannot guarantee that you will be satisfied with the products, services, or business practices of any merchants or advertisers with links on the Site because these entities are separate and independent from the company. Before deciding to do business with any of these outside parties, you should conduct any due diligence you deem necessary or appropriate.

INTELLECTUAL PROPERTY

The Site is the Company's exclusive property. The Site and all its text, images, marks, logos, and other content ("Site Content") are the exclusive property of the Company or other parties from which the Company has secured permission to use such materials. You may view, download, and print the Site Content for your own personal and noncommercial use, provided, however, that:

  • You may not copy, publish, or redistribute any Site Content,
  • You may not modify Site Content,
  • You may not remove any copyright, trademark, or other proprietary notices placed in the Site Content by Company.

Reproduction or redistribution of the Site Content, or any portion of the Site Content, without the prior written permission of the Company, is strictly forbidden except as expressly permitted above. You thus warrant and represent that your use of the Site Content will be in accordance with the terms of this license and will not infringe or violate the rights of any third party or cause any other person to break any contract or legal responsibility.

WARRANTY

As with many free Internet resources, this one comes with no guarantees. Company and its parent company make no representations or warranties about the Site's availability, accessibility, timeliness, security, accuracy, completeness, or error-free operation or about the results that may be obtained from the use of the Site or about the accuracy or reliability of any content, information, or products obtained through the Site or that defects in the Site will be corrected. You understand and agree that this Site and the services provided herein are provided via a computer network and, as such, are susceptible to outages, disruptions, attacks from third parties, and delays. The company shall use commercially reasonable efforts to remedy material interruptions. It shall make such adjustments, repairs, and replacements, within its capacity, as are necessary to enable the Site to reasonably perform its intended functions. You understand that the company makes no guarantee that any such attempts will be fruitful. If the company's efforts don't work, you're free to cancel the service contract and stop utilizing the website. In the case of an interruption, outage, or other delays in the operation of the Site, the following shall constitute your entire remedy and the company's sole liability. By using this Site, you agree not to sue or bring any kind of legal action against the company based on any claim or allegation that the company has or should indemnify, defend, or hold you harmless from any claim or allegation arising from your use, republication, or other exploitation of the Site. This includes but is not limited to claims and allegations that the company has violated your intellectual property rights or that the content on the Site is inaccurate. Neither the company nor any third party providing content or materials to the Site shall be liable for any damages arising out of your use of the Content or Materials on the Site. You agree that you will be solely responsible for any damage to your computer system, loss of service, or loss of data that results from the download or use of any such material or data obtained through the use of the Site or the Services and that you will be using the Site and the Services at your own discretion and risk in doing so.

LIMITATION OF LIABILITY

Without limiting the foregoing, (website name) expressly disclaims any liability or loss arising from or related to the Site (however arising, including negligence), including, but not limited to, liability or loss associated with unauthorized access to any server, merchant interfaces, websites, facilities, or your data or your customer's data (including credit card numbers and other personally identifiable information) as a result of an accident, illegal or fraudulent means, including hacking, or devices used by an unauthorized third party.

You acknowledge and agree that the Company and its affiliates, directors, shareholders, agents, contractors, and employees shall not be liable to you or any third party for any loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with, the Site. Company and its affiliates, parents, subsidiaries, contractors, subcontractors, officers, directors, shareholders, managers, employees, and agents are all subject to the limitations set forth in this section for any and all acts, omissions, negligence, and gross negligence that, but for this provision, would give rise to a course of action in contract, or any other legal doctrine.

INDEMNIFICATION

The company, its parents, subsidiaries, affiliates, directors, officers, shareholders, agents, contractors, and employees are entitled to be indemnified, defended, and held harmless by you from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to, arising from, or in connection with:

  • Your involvement with the Site,
  • Your failure to fulfill, or claimed failure to fulfill, any representation, warranty, or other obligation,
  • Your breaking or suspected breaking of any federal, state, Domestic, or local law, rule, or ordinance,
  • Your or your staff's or representatives' carelessness or wilful wrongdoing,
  • A breach of the Agreement,
  • Your violation of the rights to privacy, publicity, or intellectual property of any person or entity, or
  • Any product or service that you advertise, market, promote, sell, or distribute.

You undertake to immediately refund the Company for any fines or penalties assessed against the Company by the Credit Card Associations or any other organization as a result of your actions.

ACCESS TO SECURE AREAS

Only authorized users will be able to access and use these password-protected and/or secure portions of the Site. Any attempt by an unauthorized user to access these parts of the Site may result in legal action.

TERMINATION & EFFECT

The Company reserves the right to instantly and unilaterally revoke your right to access the Site, with or without cause. You must be notified in writing or electronically of the termination. After termination, the Company bears no responsibility to you or anyone else. Your only remedies are (a) to immediately discontinue usage of the Site and (b) to provide the Company with notice of termination if you object to any provision of the Terms or any later revisions thereto. Your privilege to use the Site will immediately expire upon suspension or termination of your access to the Site.

GOVERNING LAW & JURISDICTION

You and Company agree that all issues arising out of or relating to the use and operation of this Site will be governed by the laws of (country name), excluding its principles on conflicts of law. You agree that any claims arising out of or relating to the operation or use of this website will be heard and resolved in the courts of (state name). You consent to the personal jurisdiction of these courts over it, stipulate to the fairness and expediency of proceeding in these courts, and agree not to object to proceeding in these courts.

TRADEMARKS

All other brand names and products mentioned herein are trademarks or registered trademarks of their respective owners and are used for identification purposes only. In its sole discretion, the Company may decide to make changes to this list at any time. No registration or attempted registration of any mark or trademark of the Company that is identical or confusingly similar to any mark or trademark of the Company is permitted. All of your uses of the Company's trademarks must be in accordance with the guidelines set out by the Company.

FORCE MAJEURE

Losses resulting from delays or interruptions in the Company's performance of obligations due to acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet, or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other causes are not the responsibility of Company.

GENERAL

If any provision of the Terms is found to be invalid, unenforceable, or void in whole or in part for any reason, such determination shall apply only to the specific provision found to be invalid, unenforceable, or void and shall not affect the validity, enforceability, or validity of the remaining portions of such provision or any other provision of the Terms. If the Company does nothing when a breach by you or others occurs, that does not mean it will do nothing later when other similar breaches occur. The applicable Service Agreement will take precedence over these Terms if there is a disagreement between the two.

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