Terms & Conditions (“Agreement”)

This Agreement is a commercial agreement and sets forth the terms and conditions that govern your use of iPayment, Inc.’s iAccess Website and the services provided therein ("Services"). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

Use and Access. Your use of this Website (“User”) is authorized only if you have obtained a password that allows access to you as a User. By clicking the "Accept" button the first time you access this Website and by continuing to access and use this Website thereafter you are confirming (1) that you have read, understand and accept the terms and conditions of this Agreement in full and (2) that you have the legal authority and capacity to enter into this Agreement and be bound thereby on an ongoing basis on behalf of the User. Unauthorized use of this site and systems and the misuse of any information posted on this site is strictly prohibited.

Amendments. We reserve the right to amend, modify or terminate this Agreement at any time in our absolute and sole discretion by posting the amended terms or appropriate notice verbiage at this site. User agrees to check this Agreement periodically for changes. The amended terms shall automatically be effective ten (10) days after they are initially posted at this Website, or sooner, if commercially necessary or otherwise required by law. This Agreement may not be otherwise amended except in writing and agreed to by both parties. We shall not be liable to Users or any third party should we exercise our right to modify or discontinue the Services.

Use of Website. As a User, you should not disclose to or share your password with any third parties not authorized or designated by you or use your password for any unauthorized purpose. If you believe that your password has been stolen or otherwise compromised, immediately contact us so that we may assist you in changing your password. You are entirely responsible if you do not maintain the confidentiality of your User ID and password. Furthermore, you are entirely responsible for any and all activities, which occur, under your User ID and/or password. User agrees to immediately notify us of any unauthorized use of User's ID and/or password or any other breach of security known to User. A User's right to use the Services is personal to User. Each User agrees not to resell or make any commercial use of the Services, without our express written consent.

Disclaimers, Release and Download Terms. We provide content on this Website as a service to you as our customer. It may not contain all information that is applicable to your circumstances. Although we attempt to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the "Contents") on the Website, we make no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose. USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND SERVICES IS AT USER’S SOLE RISK AND THE SERVICES, INFORMATION AND MATERIALS CONTAINED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR COMPLETENESS OF INFORMATION, FREEDOM FROM COMPUTER VURUS, AND FURTHER DISCLAIM ANY LIABILITY FOR ERRORS OR OMISSIONS.

WE SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR THIS SITE OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Without limitation to the above, you may download information from this Website at your own risk. You agree to maintain all cardholder data in a secure manner in accordance with all Visa® and MasterCard® rules, regulations, by-laws, releases, procedures and policies. We expressly disclaims liability for technical failures (including hardware or software failures), incomplete, scrambled or delayed computer transmissions, and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties. We do not warrant that this Website will operate without error nor that defects will be corrected. We cannot and do not guarantee or warrant that this site or the servers making it available or any information available for downloading from this Website is free of viruses, worms, Trojan horses or other code that has contaminating, destructive or harmful components or properties. It is your responsibility to scan any communication and any files attached for computer viruses and other defects. We do not warrant that information, services, and products contained in the Website will satisfy your requirements or that they are error or defect-free.

If you are dissatisfied with our Website or its content (including the Terms and Conditions), your sole and exclusive remedy is to discontinue using the Website. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation may not be applicable to you.

By your agreeing to the use of this site and the terms and conditions contained herein, no joint venture, partnership, employment of agency relationship has been created nor does one exist.

Copyright. The United States copyright laws and other laws protect the design and layout of this Website and all images, text, programs, and other materials found on the Website. Any commercial use of the images, text, programs or other materials found on the Website is strictly prohibited without our express written consent.

Trademarks. Our trademarks and service marks (including the trademarks "iAccess.merchant-info.com", "iAccess", and the names, logos, marks and taglines identifying bamsaccess.net and iAccess products and services), and all other trademarks and service marks appearing on this Website, are the property of and proprietary marks of their respective owners and their affiliates and may not be copied or imitated in whole or in part without their written consent.

Content. Any submission of information by the User to this Website will be considered non-confidential and non-proprietary communications and becomes the property of iAccess. User expressly grants us the authority and right to use that information in accordance with our policies. We shall be free to use, for any purpose, any techniques, concepts, ideas or know-how obtained from information you provide on this site.

Contents are included in this Website solely for the personal use of Users. Other than for your internal purposes, you may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without our prior written consent, which we may withhold in our sole discretion.

Transmissions to and from this Website. Except where expressly indicated otherwise, transmissions to and from this Website or directed to iAccess, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at iAccess. Please do not use E-mail to send us communications that contain confidential information, which we require to be in writing, or which need our immediate attention.

User Responsibility. This Website is for commercial purposes only. The User agrees not to falsify or misrepresent any information provided to us. The User assumes all responsibility for use of the iAccess Website. Furthermore, this site is not intended for use by a person or entity in any jurisdiction or country where such use would violate local laws or regulations.

Third Party Websites. We make no warranties or representation whatsoever regarding any website not under our control which a User may access from this Website by link or any other means. Our provision of a link, frame, or other means to access any website not under our control is for the convenience of Users and does not constitute our endorsement, recommendation or acceptance of any responsibility for the content of that site or the operators of that site. We hereby disclaims liability for any information, materials, products or services posted or offered at any of the linked sites.

Additional Terms. If any other sections of this site or our website contain separate terms and conditions, those terms and conditions shall apply with respect to those sections or pages.

Reservation of Rights. We reserve the right to take any or all action we may deem appropriate with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available at law or in equity.

These Terms and Conditions constitute the entire agreement between you and us with respect to this site and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or otherwise between you and us with respect to this site. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. Notwithstanding the foregoing, any agreement between you and us remains in full force and effect pursuant to the terms of the particular agreement.