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Terms and Conditions of Use

THESE TERMS AND CONDITIONS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE PAYMENTSINFORMATION.COM SITE (THE “SITE”). THE SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. “WE” OR “OUR” REFERS TO PAYMENTS INFORMATION CIRCLE, LLC AS OWNER OF THE SITE.

WE MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS. THERE MAY BE ADDITIONAL TERMS AND CONDITIONS PROVIDED THROUGHOUT THE SITE GOVERNING YOUR USE OF PARTICULAR FUNCTIONS, FEATURES, INFORMATION AND APPLICATIONS AVAILABLE THROUGH THE SITE.

Scope of Terms of Use

These Terms of Use govern your use of the Site and all products, services, information and software (collectively, “Services”) available via the Site, except to the extent such Services are the subject of a separate agreement.

Privacy Policy and Use by Children

The Privacy Policy governs the use of information collected from or provided by you at the Site. Your accessing or use of the Site signifies your agreement to the terms of the Privacy Policy.

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. We do not intentionally collect personal information about children under the age of 13, and children under the age of 13 may not use the Site.

Ownership of Content and User Submissions

The content on the Site, including without limitation, the materials, images, text, software and other materials that appear on the Site (all of the above, the "Content"), is owned by or licensed to Payments Information Circle, LLC, subject to all applicable copyright and other intellectual property rights under U.S. law. Except as may be stated in a separate agreement with us, Content on the Site is provided for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Payments Information Circle, LLC. We reserve all rights not expressly granted in and to the Site and the Content. All software used on the Site is the property of Payments Information Circle, LLC or its licensors and protected by U.S. and international copyright laws.

You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Site or the Content therein.

Restrictions on Use

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

Trademarks

The Payments Information Circle, LLC names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Payments Information Circle, LLC. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

Links to and from other Sites

The Site may contain links to third-party websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to you and not as an endorsement by us of the content on such Linked Sites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. We are not responsible for the availability of the Linked Sites or the content or activities of such sites. If you decide to access Linked Sites, you do so at your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

Disclaimer of Warranties

YOU AGREE THAT USE OF THE SITE AND THE SERVICES ON THE SITE ARE ENTIRELY AT YOUR OWN RISK. THE SITE AND SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ARE PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

WE MAKE NO ENDORSEMENT OR WARRANTY REGARDING ANY TRANSACTION ENTERED INTO THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANY USER OF THE SITE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NONE OF PAYMENTS INFORMATION CIRCLE, LLC, OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS (THE “PIC PARTIES”) SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE, SERVICES OR THE CONTENT AND FUNCTIONS RELATED THERETO (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not permit the exclusion or limitation of liability, so the above provisions may not apply to you.

Indemnity

You shall indemnify, defend and hold the PIC Parties harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by a PIC Party in connection with any claims arising out of, based upon or resulting from (a) any breach or violation by you of these Terms of Use, (b) any use by you of the Site, or (c) the infringement by you of any intellectual property or other right of any person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

International Users/Choice of Law

The Site is controlled, operated and administered by Payments Information Circle, LLC, which is based within the United States. We make no representation that functions or information found at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.

These Terms of Use, all matters arising from or relating to the your use of the Site, and any and all claims arising out of your business relationship with the PIC Parties shall be governed by and in accordance with the laws of the State of Georgia, excluding its conflicts of laws provisions.

Choice of Forum

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR YOUR USE OF THE SITE SHALL BE INSTITUTED EXCLUSIVELY IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF FULTON, STATE OF GEORGIA, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR IN THE FUTURE TO THE LAYING OF THE VENUE, OR TO THE JURISDICTION OF ANY SUCH COURT OVER YOU OR YOUR ACTIVITIES ON THE SITE.

General Provisions

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use comprise the entire agreement between you and Payments Information Circle, LLC, and supersedes all prior agreements or statements between us, written or oral, regarding the subject matter contained herein. These Terms of Use are binding upon and inure to the benefit of the respective successors and assigns of the parties, and may be assigned by us at any time. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.