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GENERALAll products and services of Virtual Payment Systems, Inc are subject to the terms and conditions of the applicable agreements governing their use. The Terms are to be read by you together with any terms, conditions or disclaimers provided in the pages of the Site. In the event of any conflict, the terms provided in the pages of the Site will govern. The information, material and content provided in the pages of the Site and any software that is made available to you to download (the "Software") may be changed at any time without notice and is provided without warranty, except in the case where warranty is required by law, in which case the warranty shall be the minimum required by law. Changes may be made to the Terms at any time without notice by updating this page. You agree to review the Terms regularly and your continued access or use of the Site will mean that you agree to any changes. As used below, the term "Information" refers to the information, material, content and Software provided in the pages of the Site.
LOCAL LAWS AND EXPORT CONTROLThe terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. Please be aware of the laws of your country or that otherwise apply to you in relation to any of the matters described in these pages. If you choose to access the Site from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable local, national or international laws. You may not use or export or re-export the Information or any copy or adaptation in violation of any applicable laws or regulations, including export laws and regulations of the United States in force from time to time.
CREDIT CARD TRANSACTIONSBy submitting payment through a Virtual Payment Systems, Inc website, you agree to be held to the terms of your cardholder agreement. Payments shall be considered paid on the calendar date payment is received based on Eastern Daylight Time.
ELECTROINIC CHECK (ECHECK) AND ACH TRANSACTIONSPayments made using a bank account are processed as a check. All echecks are handled using NACHA rules and are subject to the same rules as paper checks. Failed eCheck and ACH (Automated Clearing House) transactions shall be subject to a $35 returned check charge. Should an eChek transaction fail, payers are advised to contact the merchant they intended to pay to make arrangements to pay their outstanding ballance as failed eCheks may violate local bad check laws and be subject to criminal prosecution.
LIABILITY FOR FAILED TRANSACTIONSShould a transaction fail as a result of any condition including but not limited to non sufficient funds, technical problems, or software malfunctions Virtual Payment Systems, Inc shall not be held liable for any costs, bank fees or damages incurred due to the failed transaction.
SOFTWARE USEAny Software that is made available for you to download from the Site is the copyright work of Virtual Payment Systems, Inc and/or third parties. Your use of the Software is governed by the terms of the license agreement that accompanies or is included with the Software (the "License Agreement"). You shall not install any Software that is accompanied by or includes a License Agreement unless you first agree to the terms of the License Agreement.
NO WARRANTIESVIRTUAL PAYMENT SYSTEM AND ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS PROVIDE THE SITE AND THE INFORMATION, INCLUDING, ANY SOFTWARE, ON AN "AS IS, WHERE IS" BASIS AND DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, VIRTUAL PAYMENT SYSTEMS, INC DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE AND MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.
LIMITATION OF LIABILITYVIRTUAL PAYMENT SYSTEMS, INC WILL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTIING, COPYING DISTRIBUTING OR DOWNLOADING THE MATERIALS ON THE SITE. IN NO EVENT WILL VIRTUAL PAYMENT SYSTEMS, INC BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EVEN IF VIRTUAL PAYMENT SYSTEMS, INC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
TRADEMARKS AND COPYRIGHTCertain names, words, titles, phrases, logos, icons, graphics or designs or other content in the pages of the Site are trade names or trade-marks owned by Virtual Payment Systems, Inc. or trade names or trade-marks licensed to them. The display of trade-marks and trade names on pages at the Site does not imply that a license of any kind has been granted to anyone else. The Information is for your personal use only. Any unauthorized downloading, re-transmission, or other copying or modification of trade-marks and/or the contents of the Site may be a violation of any federal or other law that may apply to trade-marks and/or copyrights and could subject the copier to legal action. The Information is protected under the copyright laws of the Unites States and other countries. Unless otherwise specified, no one has permission to copy, redistribute, reproduce, republish, store in any medium, re-transmit, modify or make public or commercial use of, in any form, the Information.
INTERNET E-MAILAny unprotected E-Mail communication over the Internet is, as with communication via any other medium (e.g. cellular phones, post office mail), not confidential, subject to possible interception or loss, and is also subject to possible alteration. Virtual Payment Systems, Inc. is not responsible for and will not be liable to you or any one else for any damages in connection with an E-Mail sent by you to Virtual Payment Systems, Inc. or an E-Mail sent by Virtual Payment Systems, Inc. to you at your request.
LINKS/SOFTWARELinks from or to web sites outside the Site are meant for convenience only. Virtual Payment Systems, Inc. does not review, endorse, approve or control, and is not responsible for any sites linked from or to the Site, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and Virtual Payment Systems, Inc. will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and Virtual Payment Systems, Inc. is not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
JURISDICTIONThe Site is administered by Virtual Payment Systems, Inc. from its offices in Indianapolis, Indiana, USA.
The Site will be governed by and construed in accordance with the laws of the State of Indiana, County of Merrion and the laws of the United States applicable therein, without giving effect to any principles of conflicts of laws.
All disputes, controversies or claims arising out of or in connection with the Site shall be submitted to and be subject to the jurisdiction of the courts of the County of Marion, State of Indiana. You submit and attorn to the exclusive jurisdiction of the courts of the County of Marion, State of Indiana to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Site.
Last Revision: July 6, 2010