Legal Policy
Payments Gateway, Inc. provides its services to you subject to the
following terms and conditions. If you visit or use this Web site or any of our
other related Web sites, you accept these terms and conditions. Please read them
carefully. In order to use the services offered on this Web site, you must obtain
access to the World Wide Web, either directly or through devices that access Web-based
content, and pay any service fees associated with such access. In addition, you
must provide all of your own equipment necessary to make such connection to the
World Wide Web, including a computer and modem or other access device. Payments
Gateway reserves the right to refuse access to this web site at any time in its
sole discretion. For purposes of this Legal Policy, any use of the name Payments
Gateway, Inc. or a derivative of that name shall include all successors and/or assigns
of that company.
Privacy
Please review our Privacy Policy, which also governs your
visit to this Web site, in order to understand our practices with regard to information
about you.
Copyright
All content on this Web site, such as text, graphics, logos,
button icons and images is the property of Payments Gateway, Inc. or its content
suppliers and protected by United States and international copyright laws. The selection,
arrangement and presentation of all materials on this Web site (including information
in the public domain), and the overall design of this Web site is the exclusive
property of Payments Gateway, Inc. and is protected by United States and international
copyright laws. All software on this site is the property of Payments Gateway, Inc.
or its software suppliers and protected by United States and international copyright
laws.
Trademarks
Payments Gateway, ATMVerify®, ATMCheck, IDVerify and other Payments
Gateway products and services and achdirect.com graphics, logos, page headers, button
icons, scripts and service names are registered trademarks or trade dress of Payments
Gateway, Inc. Payments Gateway's trademarks and trade dress may not be used in connection
with any product or service that is not Payments Gateway's, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or discredits
Payments Gateway, Inc., its products or services or this Web site All other trademarks
not owned by Payments Gateway that appear on this site are the property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored
by Payments Gateway, Inc.
License And Site Access
Payments Gateway, Inc. grants
you a non-exclusive limited license to access and make personal use of this site
and not to download (other than page caching) or modify it, or any portion of it,
except with the express written consent of Payments Gateway, Inc. This license does
not include any resale or commercial use of this site or its contents; any derivative
use of this site or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining, robots or similar
data gathering and extraction tools. This site or any portion of this site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without the express written consent of Payments Gateway,
Inc. You may not frame or utilize framing techniques to enclose any trademark, logo
or other proprietary information (including images, text, page layout or form) of
this Web site or Payments Gateway, Inc. without our express written consent. You
may not use any meta tags or any other "hidden text" utilizing Payments Gateway's
name or trademarks without our express written consent. You may not make available
in any manner software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of this Web site or any computer
software, hardware or telecommunications equipment of Payments Gateway, Inc. or
the visitors to this Web site. You may not interfere with or disrupt the services
of Payments Gateway, Inc. or the servers or networks connected to these services.
You may not collect or store personal data about other users of this Web site. Any
unauthorized use or attempts to use this Web site in an unauthorized manner terminates
the permission or license granted by Payments Gateway, Inc. hereby and may serve
as grounds for legal action by Payments Gateway, Inc. or one of its affiliates as
applicable.
Your Personal Information
If you use this site, you are responsible
for maintaining the confidentiality of your personal information (including any
applicable account number and password, if you have registered as a merchant with
Payments Gateway) and for restricting access to your computer, and you agree to
accept responsibility for all activities that occur under your account or password.
You should notify Payments Gateway, Inc. immediately if you believe there has been
unauthorized use of your account or password or any other breach of this site's
security.
Disclaimer Of Warranties And Limitation Of Liability
THIS SITE IS PROVIDED BY PAYMENTS GATEWAY, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAYMENTS GATEWAY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES
INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR
SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND
PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, PAYMENTS GATEWAY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. PAYMENTS GATEWAY, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR
E-MAIL SENT FROM PAYMENTS GATEWAY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PAYMENTS GATEWAY, INC. (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES
AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS WEBSITE OR FOR DISRUPTIONS IN SERVICE ON THIS SITE, REGARDLESS OF THE
CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND
CONSEQUENTIAL DAMAGES. PAYMENTS GATEWAY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS,
DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION
SETTINGS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
Other Legal Terms and Conditions
Payments Gateway,
Inc. reserves the right to make changes to this Web site (including, without limitation,
discontinuing this Web site or the services offered on this site) and the Legal
and Privacy Policies (the “Policies” or “policies”) at any time, with or without
notice. If any of these policies shall be deemed invalid, void or for any reason
unenforceable, the invalid policy shall be deemed severable and shall not affect
the validity and enforceability of any remaining policy. Payments Gateway, Inc.
requests that you not use any of the information on this site, including without
limitation the e-mail addresses that are posted here, to transmit, distribute or
facilitate the distribution of unsolicited bulk e-mail or other such advertisements
or solicitations to Payments Gateway or any of its employees or agents, and any
such use of the information on this site is a violation of the terms of use of this
Web site Payments Gateway, Inc.'s failure to exercise or enforce any right or provision
of the stated policies shall not constitute a waiver of such right or provision.
These policies and the relationship between you and Payments Gateway, Inc. shall
be governed by the laws of the State of Texas without regard to its conflict of
law principles. With respect to any disputes or matters arising out of this Web
site or use of the site, you and Payments Gateway, Inc. each agree to submit to
the personal and exclusive jurisdiction of the state and federal courts located
within the county of Collin in the State of Texas.
Contacting Payments Gateway, Inc.
If you have any questions about this legal policy, the practices of this Web
site, or your dealings with Payments Gateway, Inc., please e-mail legal@paymentsgateway.com
or call 866.337.3060.