ADVERTISEMENT DISCLOSURE & TERMS OF USE

 
THIS TERMS OF USE AGREEMENT (“Agreement”) is by and between the user (“You”) and PaymentProcessing.com, its affiliates, subsidiaries, and other related entities (collectively known as “PPC”) and contains herein relevant provisions (“Terms”) that govern this Agreement and the information, and all actions and/or results related to the information, provided by PPC through its website and/or other marketing materials (‘Services”).

WHEREAS, compensation received from the credit card processing companies and POS system providers utilizing the Services (“Provider{s}”) impacts the location and order in which said Providers appear in the Services and all such locations, order and ratings are subject to change. PPC does not include all credit card processing websites available to consumers in the marketplace.  Further, while PPC strives to provide the most up-to-date and accurate information about each Provider it reviews, there may be incorrect or inaccurate information and no warranty is expressed or given to the users of the Services.

WHEREAS, You, as well as your heirs and any and all assigns, hereby acknowledge and agree that your use of the Services is conditioned upon your full acceptance of all the Terms set forth below and your continued use of the Services constitutes your agreement to be bound by such Terms.  If You do not agree to all the Terms, You shall have no right to access or use the Services and shall cease any and all use of the Services.

WHEREAS, from time to time, the Terms may be changed, modified or added to this Agreement.  Please check this Agreement periodically for any updates. All modifications and/or additions to the Terms shall be incorporated into this Agreement and effective at such time of incorporation. If You do not agree with the new or modified Terms, You shall cease any and all use of the Services. Your continued use of the Services after any modification of any Terms, shall constitute your binding acceptance of all Terms.  Further, the Privacy Policy posted by PPC shall be incorporated herein this Agreement. Additionally, PPC reserves the right to discontinue the Services at any time without any notice.

WHEREAS, the Services are controlled and offered by PPC from the United States. PPC makes no representations of any kind that the Services are suitable for use in any other location(s) outside the United States.  Any person, entity and/or company that uses the Services outside the United States, does so at their own risk and is fully responsible for compliance with any such corresponding local law(s).

WHEREAS, the Services are intended for educational purposes only and should not operate as a substitute for professional legal or financial advice.

WHEREAS, PPC values your opinion and if You have any concerns or issues, of any kind, related to your use of the Services, please contact PPC at service@paymentprocessing.com.

USE OF SERVICES

In the event You provide your personal and/or business contact information, through the use of the Services, You expressly consent to PPC’s use and disclosure of your personal and/or business contact information in accordance with our Privacy Policy, and You hereby agree to be contacted, by PPC and/or any Provider, via telephone, email, mail, or any other method of communication.  As well, You expressly agree that any contact by telephone, email, mail, or any other method of communication are being made pursuant to your request for such communications. Further, by your use of the Services, You expressly consent to receive communications in the form of any type of telephone calls including, without limitation, any wireless telephone number, which may result in charges to You, regardless of your contact information being part of any federal or state No Call Registry, and You fully understand these contacts are necessary for PPC’s ability to provide the Services. Moreover, any type of partnership, relationship or agreement, of any kind, entered into between You and any third-party and/or Provider utilizing the Services, is strictly between You and said third-party and/or Provider and You expressly assume any and all liability related to such partnership, relationship or agreement without any recourse whatsoever against PPC, its officers, partners, employees, agents, affiliates, and/or consultants.  Additionally, it is highly recommended You consult with an attorney and/or a qualified financial advisor prior to making any decision that could impact You legally and/or financially.

PURPOSE OF USE

You expressly agree that your use of the Services is for the purposes provided therein and not for any other purpose that includes, but is not limited to, advertising, competitive intelligence and any attempt to sell any information related to the Services to any person, third-party and/or Provider that utilizes the Services. You further agree, without any limitation of any kind, that PPC has the unfettered right to review and deny any such request You may have related to the use of the Services.  As well, if PPC determines in its sole authority that You are misusing or attempting to misuse the Services, for any reason whatsoever, You expressly agree that PPC may immediately terminate your access to the Services and/or proceed with legal action against You without notice, in order to seek any and all remedies available through law or equity.  Additionally, You expressly agree and stipulate that: i) any use of the Services shall be lawful, for your own benefit or for the benefit of a third-party in your capacity as an authorized representative of said third-party; ii) You are 18 years of age or older, and; iii) any and all information You provide to the Services is to the best of your knowledge truthful and accurate. Your failure to follow the requirements of this Section and/or any of the Terms, shall give PPC the sole and unconditional right to terminate your access to the Services and any unauthorized use of the Services is strictly prohibited and violators shall be prosecuted to the maximum extent permissible by law.

PROPRIETARY RIGHTS

The Services are owned and operated by PPC and contain information originating in whole or in part from material supplied by PPC and/or its partners, as well as other sources, and is protected by United States copyright laws, international treaty provisions, trademarks, service marks, and other intellectual property laws. As well, the Services may be protected as a collective work or compilation under U.S. copyright and other law and treaties. By your use of the Services, You expressly agree to and acknowledge the following: i) conformity with any and all applicable copyright and other laws, as well as any additional copyright notices and/or restrictions contained in the Services; ii) protection of the proprietary rights of PPC during and after the use of the Services; iii) protection of the proprietary rights of any third-party and/or Provider that utilizes the Services; iv) the Services are controlled by PPC and have been developed by PPC through the outlay of a substantial amount of time and money and as such, the Services are considered of high intellectual property value to PPC; v) as or if You become aware of any unauthorized access or use of the Services by any person or entity, You shall immediately notify PPC immediately of such unauthorized access or use; vi)  PPC’s trademarks, trade names, service marks, copyrights, logos, and any and all other intellectual property related to PPC and/or the Services now and/or in the future, shall at all times, to the fullest extent allowed by law or equity, belong to PPC and You shall have no ownership rights of any kind, whatsoever, to said trademarks, trade names, service marks, copyrights, logos, and/or all other intellectual property regardless of your use of the Services; vii) at no times shall You generate the impression that use of PPC’s trademarks, trade names, service marks, copyrights, logos, and/or all other intellectual property, establishes any ownership or control by You of the Services, and; viii) any modification, reproduction, display, distribution, sale, or use of the Services in any way for any purpose without the express written consent of PPC is strictly prohibited.

TERM AND TERMINATION

The Terms and Services are effective until terminated by PPC in its sole discretion. Further, PPC shall have the unfettered right to terminate your access to the Services or any part thereof, at any time with or without cause, and PPC shall incur no liability of any kind to You or any other third-party for any termination of the Terms or Services.

WARRANTY DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PPC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PPC DOES NOT GUARANTEE THE SERVICES WILL BE FREE OF BUGS, SECURITY BREACHES OR VIRUS ATTACKS. THE SERVICES MAY BE UNAVAILABLE FOR MAINTENANCE, UPGRADING OR ANY OTHER REASONS. YOU AGREE PPC WILL NOT INCUR ANY LIABILITY WHATSOEVER TO YOU OR ANY THIRD-PARTY THAT MAY RESULT FROM ANY PROBLEMS RELATED TO THE SERVICES. FURTHER, PPC DOES NOT WARRANT OR GUARANTEE ANY CONTENT, PRODUCT OR SERVICE THAT IS ADVERTISED BY ANY THIRD-PARTY AND/OR PROVIDER THROUGH THE SERVICES AND DISCLAIMS ANY AND ALL LIABILITY FOR ANY SUCH CONTENT. YOU FURTHER ACKNOWLEDGE YOUR RELIANCE ON OR USE OF THE SERVICES OR ANY OF ITS CONTENT, OR YOUR INTERACTION WITH ANY THIRD-PARTY AND/OR PROVIDER FEATURED IN THE SERVICES, IS AT YOUR SOLE RISK AND YOU SHALL NOT CLAIM ANY CAUSE OF ACTION IN LAW OR EQUITY RELATED TO SUCH INTERACTION. ADDITIONALLY, YOU AGREE PPC SHALL NOT BE LIABLE FOR ANY DISPUTES YOU MAY HAVE WITH ANY THIRD-PARTY AND/OR PROVIDER WHO UTILIZES THE SERVICES AND YOU AGREE PPC SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, SUSPECTED OR UNSUSPSECTED, KNOWN OR UNKNOWN, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. AS WELL, PPC DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, AS TO THE SECURITY OF ANY AND ALL INFORMATION YOU PROVIDE, OR ANY AND ALL ACTIVITIES YOU PERFORM, DURING YOUR USE OF THE SERVICES.

PRIVACY

You agree that PPC may use any of your personal information that is collected or obtained in connection with the Services in accordance with our privacy policy, which is accessible at Privacy Policy.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless PPC and its officers, partners, employees, agents, affiliates, and consultants, harmless from any and all liabilities, losses, claims, damages, costs, and expenses (including reasonable attorneys’ fees) whenever arising or incurred, that are caused or are alleged to have been caused, directly or indirectly, by or as a result of: i) your use of, or inability to use, the Services; ii) your interaction with any other user of the Services; iii) any type of partnership, relationship or agreement, of any kind, entered into between You and any third-party and/or Provider found through the Services, or; iv) your violation of the Terms.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL PPC BE LIABLE FOR ANY INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS WHATSOEVER, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF PPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PPC FOR ANY AND ALL DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SERVICES EXCEED THE TOTAL AMOUNT OF ONE THOUSAND US DOLLARS ($1,000.00).

ASSIGNMENT

You shall have no right to assign these Terms or any rights or obligations contained in this Agreement. However, PPC may assign this Agreement, or any portion thereof, at its sole discretion without any restriction of any kind.

BINDING ARBITRATION

ANY DISPUTE OR CLAIM BETWEEN YOU AND PPC (COLLECTIVELY HEREIN KNOWN AS THE “PARTIES”) ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN THE COUNTY OF SUFFOLK, MASSACHUSETTS, IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT.  THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER THIS AGREEMENT.  THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF THE COMMONWEALTH OF MASSACHUSETTS AND (II) ON THE AAA REGISTER OF ARBITRATORS.  WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW.  JUDGMENT ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN THE COUNTY OF SUFFOLK, MASSACHUSETTS.  THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS SO SELECTED, TO THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION, WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT THE CURRENT ADDRESS RELATED TO SAID PARTIES. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR SHALL BE VALID, BINDING, FINAL, AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY PARTY TO SUCH ARBITRATION.  THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE ARBITRATOR’S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR’S OPINION THERE IS NO PREVAILING PARTY, THE ARBITRATOR’S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO.  YOU FURTHER AGREE THAT YOU WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION ARBITRATION AGAINST PPC. 

GOVERNING LAW

This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Massachusetts without regard to any other jurisdiction’s principles of conflict of laws.

CONSTRUCTION AND INTERPRETATION

The legal or equitable principles that might require the construction of this Agreement, or any provision of this Agreement, against PPC for drafting this Agreement, shall not apply in any construction or interpretation of this Agreement.

HEADINGS

The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

SEVERABILITY

If any provision of this Agreement shall be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement shall not be affected and shall remain in full force and effect.

WAIVER

No term or provision of this Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by PPC only.  Any consent by PPC to waive a breach by You, whether express or implied, shall not constitute a consent to, waiver of or excuse for any different or subsequent breach.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between You and PPC with respect to the subject matter herein, and supersedes and replaces all prior agreements, communications and understandings (both written and oral) regarding such subject matter. The terms and conditions of this Agreement will prevail over any contrary or inconsistent terms in any other writing.

FORCE MAJEURE

PPC shall not be held responsible for any delay or failure in performance of this Agreement caused by fire, hurricane, tornado, earthquake, tidal wave, meteor strikes, civil war, Internet brown-outs or black-outs, computer hacking, or acts of terrorism (“Force Majeure”).