This website (the "Site") and the information contained herein have been provided by or on behalf of The Merchant Account Explorer for use by you conditional on your acceptance, without modification, of the terms and conditions of use of this Site set forth below (the "Terms and Conditions"). The Site, including without limitation all information, text, graphics, images, hyperlinks and other material contained on the Site, including contributions by or on behalf of other users (the "Materials"), are for information purposes only. By accessing or otherwise using this Site or the Materials, you agree to accept and abide by these Terms and Conditions as well as the Privacy Policy for this Site.
- Changes to Terms and Conditions
THE MERCHANT ACCOUNT EXPLORER has the right, at its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. If any change is not acceptable, you must discontinue your use of this Site and the Materials immediately. Your continued use of this Site or Materials after any such changes are posted will be considered acceptance of such changes. No change to these Terms and Conditions that is not posted to this Site is valid unless it is in writing and signed by us.
- Changes to the Site
THE MERCHANT ACCOUNT EXPLORER may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features, at any time without notice or liability. THE MERCHANT ACCOUNT EXPLORER may similarly remove, add, modify or otherwise change any Materials, including that of third parties, on or from this Site. THE MERCHANT ACCOUNT EXPLORER may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. THE MERCHANT ACCOUNT EXPLORER reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
- Permitted and Prohibited Uses
Subject to these Terms and Conditions, THE MERCHANT ACCOUNT EXPLORER grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, provided, however, that you may not, agree not to, nor may you allow others to, directly or indirectly: (i) print (other than one paper-based copy of the Materials), download or otherwise save to any storage device (other than temporary storage for caching performed automatically by the software used to access this Site) or fix in any medium, any of the Materials whatsoever without the prior written consent of THE MERCHANT ACCOUNT EXPLORER; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public purpose, including without limitation use of the Materials on any other web site or in any environment of networked computers; (iii) transfer the Materials to any other person without the written consent of THE MERCHANT ACCOUNT EXPLORER; (iv) use this Site in any manner which could damage, disable, overburden or impair this Site; (v) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vi) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (vii) upload, post or otherwise transmit to, on or through this Site any harmful, disruptive or destructive files, scripts, objects, routines or computer programs, including without limitation computer viruses, Trojan horses, worms or similar items; (viii) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (ix) use or attempt to use another's account, password, service, system or other information without prior written authorization from THE MERCHANT ACCOUNT EXPLORER, or create or use a false identity on this Site; (x) disclose to any other person the account or password assigned to you for access to the Site, or otherwise permit any person other than yourself to use said account or password; (xi) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; or (xii) attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials.
- Proprietary Rights
This Site, including all Materials, and the copyright thereto, is owned and subject to copyright by THE MERCHANT ACCOUNT EXPLORER and its licensors. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. You have no rights in or to the Material and you may not use any Material other than as permitted under these Terms and Conditions. Where reproduction is permitted, you must retain all copyright and trademark notices, including any other proprietary notices, contained in the Materials on any reproduction of all or part of the Materials. All trade names, company names, trademarks, service marks and other product and service names and logos on this Site or in the Material ("Trademarks") are the proprietary trademarks of their respective owners and are protected by law. The Trademarks may not be copied, imitated or used, in whole or in part, without the prior written consent of their respective owners.
- Submissions
If you submit, transmit or upload suggestions, ideas, notes, text, graphics, images, concepts, data, applications, software, code, programmed instructions or other information (collectively, the "Submissions") to THE MERCHANT ACCOUNT EXPLORER by e-mail, through the Site or by other means of communication, all rights to such Submissions shall remain with you, provided that the communication of such Submissions shall be deemed to be your permission and a grant of a perpetual, irrevocable, non-exclusive license, without compensation, to publish, display and otherwise use the Submissions in connection with this Site. Without limitation of the foregoing, THE MERCHANT ACCOUNT EXPLORER shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submission. None of the Submissions shall be subject to any obligation of confidence on the part of THE MERCHANT ACCOUNT EXPLORER and THE MERCHANT ACCOUNT EXPLORER shall not be liable for any use or disclosure of the Submissions.
- Links
From time to time, there may be links on this Site that will take you to other websites. THE MERCHANT ACCOUNT EXPLORER may provide such links only as a convenience. Linked sites, if any, are not necessarily under the control of THE MERCHANT ACCOUNT EXPLORER. If you use such sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. THE MERCHANT ACCOUNT EXPLORER is not responsible for the contents of any such linked page or site or any other page or site not under its control. THE MERCHANT ACCOUNT EXPLORER makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described thereon, or the linked third party sources. Links do not imply that THE MERCHANT ACCOUNT EXPLORER sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of THE MERCHANT ACCOUNT EXPLORER. All links to this Site must be approved in writing by THE MERCHANT ACCOUNT EXPLORER.
- Warranty Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. THE MERCHANT ACCOUNT EXPLORER makes no representation or warranty of any kind regarding the Site and/or the Materials, all of which are provided on an "AS IS" basis. THE MERCHANT ACCOUNT EXPLORER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE MERCHANT ACCOUNT EXPLORER does not guarantee, and makes no representation or warranty as to, the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. THE MERCHANT ACCOUNT EXPLORER has no obligation to maintain either the availability or the currency of the Site or Materials or to provide notice of any changes made to the Materials. THE MERCHANT ACCOUNT EXPLORER does not warrant that this Site will continue to operate, operate without interruptions or that it will be error-free. THE MERCHANT ACCOUNT EXPLORER does not endorse any statements or opinions made in the Materials. All messages, advice, opinions or other information contained in the Site and/or forming a part of the Materials, whether Submissions or not, should not be construed as professional advice or instruction of any kind. THE MERCHANT ACCOUNT EXPLORER takes no responsibility for the Materials or for any damages to users of the Site, however caused. Use of the Site and the Materials and any reliance on the Materials are at your own risk. This Site may from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements or Submissions. You agree that THE MERCHANT ACCOUNT EXPLORER shall not have any liability whatsoever to you for any such third party material, data or information. If you believe that certain Material may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately at webmaster@The Merchant Account Explorer.net.
- Limitation of Liability
YOU AGREE THAT THE MERCHANT ACCOUNT EXPLORER, ITS LICENSORS AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), EVEN IF THE MERCHANT ACCOUNT EXPLORER OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that THE MERCHANT ACCOUNT EXPLORER's aggregate liability for damages shall be limited to US$50.
- Indemnity
You agree to defend, indemnify and hold harmless each of THE MERCHANT ACCOUNT EXPLORER, its officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
- Arbitration
You agree that all disputes or disagreements between THE MERCHANT ACCOUNT EXPLORER and you relating to this Agreement in any way (a "Dispute") will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the Greater Toronto Area, Ontario , Canada . There shall be no discovery. The arbitrator shall not limit, expand, or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against THE MERCHANT ACCOUNT EXPLORER. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
- Choice of Law
This Site is controlled, operated and administered by THE MERCHANT ACCOUNT EXPLORER from its offices within the Province of Ontario, Canada (" Ontario "). THE MERCHANT ACCOUNT EXPLORER makes no representation or warranty that the Materials are appropriate or available for use at any locations outside Ontario . If you access this Site from outside Ontario , you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of any applicable export laws and regulations. These Terms and Conditions shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive jurisdiction of the courts in Ontario for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against THE MERCHANT ACCOUNT EXPLORER (or any officer, director, or employee thereof) in any jurisdiction other than Ontario . The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
- General
Any legal proceeding arising from or in connection with these Terms and Conditions, this Site or the Materials must be brought within one (1) year after the event which is the subject of the proceeding has occurred. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and THE MERCHANT ACCOUNT EXPLORER and override anything else on the Site. This agreement may be assigned by THE MERCHANT ACCOUNT EXPLORER. This Agreement shall ensure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. The parties hereto have requested that this agreement be drafted in English. Les parties aux présentes ont exigé que cette convention soit rédigé en anglais.
- Services
THE MERCHANT ACCOUNT EXPLORER offers U.S. visitors ("merchants") two services - a Free Quote Service ("FQS"); and a Merchant Account Consulting Service ("MACS"). The FQS attempts to match up merchants' credit card processing needs with merchant account providers ("Providers") that have joined the FQS. While the Providers have agreed to contact merchants in respect of which THE MERCHANT ACCOUNT EXPLORER has provided them with the merchant's information as provided in the online form, THE MERCHANT ACCOUNT EXPLORER neither promises nor guarantees that the merchant will be contacted by the specific number of Providers that the merchant has requested, nor that the merchant will be able to obtain a merchant account or credit card processing services or equipment or product as a result of using the FQS, nor does THE MERCHANT ACCOUNT EXPLORER assume any responsibility or liability whatsoever as regards any merchant account, credit card processing service or equipment or product that the merchant obtains as a result of using the FQS. Moreover, as regards the MACS, THE MERCHANT ACCOUNT EXPLORER neither promises nor guarantees that the merchant will be contacted by the consultant, nor that the merchant will be able to obtain a merchant account or credit card processing services or equipment or product as a result of using the MACS, nor does THE MERCHANT ACCOUNT EXPLORER assume any responsibility or liability whatsoever as regards any merchant account, credit card processing service or equipment or product that the merchant obtains as a result of using the MACS. Although we do receive a commission from any sales, THE MERCHANT ACCOUNT EXPLORER has no involvement in any transaction between the merchant and the Providers or the Consultant, nor any control regarding the quality or legality of any product or service obtained by a merchant. All merchants using either service shall provide accurate and true information when completing the online form. Merchants shall not use either service for any purpose in violation of any law or in any way that infringes upon the intellectual property rights or privacy of others. THE MERCHANT ACCOUNT EXPLORER in its sole discretion may refuse to offer either service to any merchant.
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