Merchant Gateway, LLC, including its successors and assigns, operate a number of web sites, including, without limitation, www.newerapayments.com and www.merchantgateway.com
When you visit the Site or send emails, you are communicating with New Era Payment Payments, LLC electronically. You consent to receive communications from Merchant Gateway electronically. Merchant Gateway will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that Merchant Gateway provides to you electronically satisfy any legal requirement that such communications be in writing.
Use of the Site
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; (iii) attempt 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;" (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) 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 criminal or civil liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided on the Site by Merchant Gateway, LLC and other than generally available third party web browsers (e.g. Microsoft Internet Explorer).
All Content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Merchant Gateway, LLC or its content suppliers or licensors and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of Merchant Gateway, LLC and protected by U.S. and international copyright laws. You may only use Content for personal, non-commercial use.
You shall not download (other than page caching) or modify any portion of the Site. You shall not collect or use any product listings, descriptions, or prices, for any reason other than purchasing products from the Site. You shall not make any derivative use of the Site or its contents. You shall not copy or download any account information for the benefit of another merchant. You shall not use data mining, robots or similar data gathering and extraction tools. 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 Merchant Gateway, LLC or its affiliates, licensors or subsidiaries. You may not use any meta tags or any other "hidden text" utilizing Merchant Gateway, LLC' name, trademarks or other terms that are similar or confusing. You shall not purchase "keywords" in any internet search engines that are similar or confusing to trademarks owned by Merchant Gateway, LLC or its licensors, affiliates or subsidiaries. In addition to all prohibitions listed above you are specifically prohibited from using any Site contents or other intellectual property owned by Merchant Gateway, LLC without express written consent from Merchant Gateway, LLC.
Other Intellectual Property
Unless otherwise noted, all contents on the Site are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Merchant Gateway, LLC, or by third parties who have licensed their material to Merchant Gateway, LLC and are protected by U.S. and international laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on the Site is the exclusive property of Merchant Gateway, LLC and is also protected by U.S. and international copyright laws.
Merchant Gateway, LLC and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Merchant Gateway, LLC' or any third party's intellectual property rights.
The Merchant Gateway, LLC names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Merchant Gateway, LLC. All other marks are the property of their respective companies. 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.
Third Party Information and Products
Reference on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Merchant Gateway, LLC' endorsement, sponsorship or recommendation of the third party, information, product or service. Merchant Gateway, LLC is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, or purchase any third party products, you do so entirely at your own risk.
Merchant Gateway, LLC and its subsidiaries respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
You understand that affiliates may make mistakes in presenting offers or discounts on their web sites that may not be offered by Merchant Gateway, LLC when you link to the Site. If you linked to the Site from an affiliate link you understand that Merchant Gateway, LLC is not responsible for any mistakes or misrepresentations for any offers or discounts for products or services made by an affiliate. You understand that affiliates are not agents of Merchant Gateway, LLC and have no authority to bind Merchant Gateway, LLC in any manner whatsoever. You are only eligible to receive an offer or discount made by Merchant Gateway, LLC and Merchant Gateway, LLC shall have no liability whatsoever for any offer, discount or promotion made by an affiliate or any third party, even if such offer, discount or promotion links to the Site.
Reviews, Comments, Communications, and other Content
In your communications with Merchant Gateway, LLC, please keep in mind that, unless it specifically request them, Merchant Gateway, LLC does not accept or consider any ideas or suggestions relating to products, services, marketing plans, or any other matters. Merchant Gateway, LLC' receipt of your communications is not an admission by Merchant Gateway, LLC of their novelty, priority, or originality, and it does not impair Merchant Gateway, LLC right to contest existing or future intellectual property rights relating to your communications. Therefore, please do not send to Merchant Gateway, LLC any unsolicited materials, such as ideas for toys, games, or other products, or any other suggestions, ideas, notes, drawings, inventions, techniques, models, designs, concepts, or other similar information or materials.
Visitors may post product reviews and comments, and other content and communications; and submit questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." Merchant Gateway, LLC reserves the right (but not the obligation) to remove or edit such content. Merchant Gateway, LLC does not review the truth or accuracy of statements made by you or its customers.
If you do post content or submit material, all reviews, feedback, postcards, suggestions, ideas and other submissions ("Comments") disclosed, submitted or offered to Merchant Gateway, LLC on or by the Site or otherwise disclosed, submitted or offered in connection with the Site shall be and remain Merchant Gateway, LLC' property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Merchant Gateway, LLC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
You agree to defend, indemnify and hold harmless Merchant Gateway, LLC and any of its affiliates, employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys' fees and court costs, arising from or related to your use of the Site.
You understand that by using the Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Merchant Gateway, LLC and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable. As a convenience to you Merchant Gateway, LLC may post standard ratings for video and computer games developed by the Entertainment Software Rating Board (ESRB). ESRB ratings are placed on a game's packaging to let you know the nature of the content and the ages for which ESRB believes the game is appropriate. Merchant Gateway, LLC makes no representation or endorsement as to the appropriateness of these ratings and Merchant Gateway, LLC does not represent or guarantee that any rating systems posted on the Site will contain the most up to date rating system. You should check with ESRB directly for its most up to date rating system.
Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Merchant Gateway, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Merchant Gateway, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, ITS SERVERS, OR EMAIL SENT FROM Merchant Gateway, LLC ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Merchant Gateway, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Merchant Gateway, LLC IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION CUSTOMER REVIEWS. Merchant Gateway, LLC DOES NOT SPONSOR, RECOMMEND OR ENDORSE ANY THIRD PARTY, PRODUCT, SERVICE OR INFORMATION PROVIDED ON THE SITE. ALL CUSTOMER REVIEWS AND PRODUCT DESCRIPTIONS ARE FOR YOUR CONVENIENCE ONLY AND DO NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED.
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. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER. THIS DISCLAIMER CONSTITUES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Merchant Gateway, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF PERSONAL ENJOYMENT, LOSS OF PURSUING OTHER WEB SITES, LOSS OF PURSUING OTHER ACTIVITIES, LOSS OF PURCHASING FROM OTHER MERCHANTS, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF Merchant Gateway, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Merchant Gateway, LLC BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR THE PURCHASE OF PRODUCTS MADE THROUGH THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE ALLEGED CLAIM AROSE. THIS LIMITATION OF LIABILTY IS A MATERIAL TERM FOR ALLOWING YOUR USE OF AND ACCESS TO THE SITE.
This Agreement shall be governed by and construed under Florida law without regard to conflict of law provisions. Any dispute relating in any way to your visit to the Site or to Products you purchased through the Site shall be submitted to confidential arbitration in Tampa, Florida, except that, to the extent you have in any manner violated or threatened to violate Merchant Gateway, LLC' intellectual property rights, Merchant Gateway, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of Merchant Gateway, LLC to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions. Notification of claimed copyright infringement by third parties should be sent to Merchant Gateway, LLC' copyright agent. Even if you believe that a third party did not post the alleged infringing work, please send all notifications of claimed copyright infringement to Merchant Gateway, LLC' copyright agent listed below. Please note that this procedure is exclusively for notifying Merchant Gateway, LLC of alleged copyright infringement, not for any other claims. You must submit the following information.
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Merchant Gateway, LLC to locate the material;
4. Information reasonably sufficient to permit Merchant Gateway, LLC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Merchant Gateway, LLC copyright agent for notice of claims of copyright infringement can be reached as follows:
Merchant Gateway, LLC
Attention: Copyright Agent - Legal
8184 Woodland Center Blvd.
Tampa, FL 33614