Terms and Conditions

Section 1 - General
1:1. By using this Service (as defined below), you agree to be bound by these terms and conditions (the "Terms"), as they may change from time to time.
1:2. Costs. The costs shall be as outlined during your application process and in your Merchant Agreement.
Section 2 - Definitions
2:1. "Service" shall mean credit card processing and all components of www.merchantmatchcharity.com and www.merchantmatch.net, whether front end or back end, that make up the process by which www.merchantmatchcharity.com, www.merchantmatch.net, and corresponding webpages works.
2:2. The "Company" shall mean Merchant Match, LLC and any subsidiaries, parent companies, partnerships, transfers, assigns, or joint ventures that the context may imply.
Section 3 - Privacy Policy
3:1. The Company is committed to protecting your privacy, and takes its responsibilities regarding the security of customer information very seriously.
3:2. Use of Customer Information. The Service requires certain information in order to process your order. This information is necessary to the furnishing of our service to you. Additionally, we may collect additional information in connection with your participation in any promotions offered by us and information you provide to us when giving us feedback. We will use your information to provide and personalize our services. We will also use your contact information to communicate with you. We may use your information to send you offers, news, and necessary information regarding the Service. We may contact you by any reasonable method of communication. Your data may be used for accounting, billing, auditing, payment, screening, safety, statistical, marketing, testing, maintenance, development, customer relations, administrative and legal purposes. The Service may also leave cookies, or bits of information, on your local machine. We are not responsible for data found in cookies left on a third party machine or damage our cookies may cause to any machine.
3:3. Underwriting. The Company will share the data collected with banking partners for underwriting purposes.
3:4. Data Security. The information collected shall be stored on our or a third party’s servers. It is possible that such data may be compromised and we disclaim any responsibility for such breaches of security.
3:5. Disclosure to third parties. Except where required by law, reasonably required to furnish the services by the Service, or otherwise disclosed in these Terms, the Company will never disclose information gathered to a third party.
3:6. Disclosure at the Discretion of the Company. In the event that the Company feels it is reasonably necessary to disclose information provided by you to protect themselves or others from legal action or harm, the Company may do so to the extent necessary to protect themselves or others.
3:7. Data Mining. You agree to not mine data, or otherwise gather, congregate, or collect the data, from this site for any purpose other than those purposes specifically laid out herein.
Section 4 - Authorization
4:1. Authorization Generally. You hereby authorize the Company, or any of its assigns, subcontractors or agents, to provide your data to the Company’s third party banking partners as well as collect specific demographic and identifying information about you and your company.
Section 5 - Proprietary Rights and License
5:1. Default. Unless otherwise specified in the software or herein, all trademarks, copyrights, patents and licenses are the sole property of Merchant Match, LLC.
5:2. Storage. The Company has the irrevocable right to store, recall, transfer and view content stored on their server or servers, regardless of if the servers are under the direct control of the Company. The Company has the right to transfer servers at any time, for any reason.
Section 6 - Conditions of Use.
6:1. Use of this Service. The Company grants you a revocable license to use this Service for its intended use for personal or business reasons. The Company may revoke this license at any time and for any reason. You are limited to one license per person or business.
6:2. Modifications to the Service. You agree to not modify, alter, mod, adapt, or otherwise change this software for any reason. Any modification of the Service is a breach of these Terms and Conditions.
6:3. Copies. You agree not to make copies of this Service for any reason without the expressed written permission of the Company.
6:4. Distributions. You agree that you may not distribute additional copies of this Service to others for personal, pecuniary or commercial gain.
6:5. Data Usage. You acknowledge that you understand that usage of this Service requires some form of data connection, whether that be wired Internet, wireless Internet, or any type of mobile data. The Company shall not be held liable, nor are they responsible for, the cost to transmit data over any mechanism. Standard data rates may apply.
6:6. Promotions. By participating in any Service promotions, you agree to any additional terms which may be required by that promotion.
6:7. Right to Reject. The Company reserves the right to reject any customer for any reason at the Company's sole discretion.
6:8. Battery Life. Use of this Service may reduce the battery life of your cell phone. The Company is not held liable for any resulting damages from a shortened battery life.
6:9. Payment. You hereby authorize the Company or its third party billing company to charge your credit card for any and all charges associated with the Service, including a $25 additional fee for any failed credit card transactions or wrongfully disputed payments. The Company shall be entitled to charge interest at 12% per year, compounded monthly.
6:10. Collections. In the event the Company is forced to collect on outstanding balances or overdue invoices, you shall be responsible for all costs, including reasonable attorneys’ fees, associated with the collection efforts.
6:11. Refunds. The Company shall provide no refunds, except if the refund is approved by the merchant.
Section 7 - Disclaimer of Warranties
7:1. THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE COMPANY CONTENT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER THE COMPANY NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE SERVICE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE COMPANY OR VIA THE SERVICE. IN ADDITION, THE COMPANY PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
7:2. THE COMPANY PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE COMPANY PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE COMPANY PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE COMPANY PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.
7:3. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
7:4. THE COMPANY PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
Section 8 - Limitation of Liability
8:1. UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE COMPANY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
8:2. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE COMPANY PARTIES.
8:3. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
8:4. THE COMPANY IS NOT RESPONSIBLE FOR ANY RESULTING DAMAGES THAT MAY OCCUR BY SECURITY BREACH OF THE COMPANY'S SERVER OR SERVERS, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AS A RESULT OFA BREACH OF THE COMPANY'S SERVER OR SERVERS.
8:5. SPECIFICALLY, YOU AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY USER REPRESENTATIONS, OR ANY INFORMATION THEY POST ABOUT THE PROPERTY THAT THEY ARE SELLING, LEASING, OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE IN THE EVENT ANY MONEY CHANGES HANDS OR TIME IS SPENT TO ACQUIRE A PROPERTY.
Section 9 - Indemnification
9:1. You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at The Company's request), indemnify and hold the Company Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by the Company in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Company.
Section 10 - Binding Arbitration
10:1. You agree that all disputes between you and the Company (whether or not such disputes involve a third party) with regard to your relationship with the Company, including but not limited to disputes arising from these Terms and Conditions, your use of the Service, and/or rights of privacy, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and the Company hereby waive any right to a trial by jury. Any arbitration shall be held in Durham County, North Carolina.
Section 11 - Governing Law
11:1. You agree that should any controversy arise out of these Terms or use of the Service, that controversy shall be governed by the laws of the state of North Carolina, excluding only its choice of law statutes.
11:2. You agree that any litigation, lawsuit, arbitration, mediation or other formal legal dispute process shall be handled in Durham County in North Carolina.
Section 12 - Merger
12:1. These Terms constitution the entire Agreement between the parties that you agree you are duly authorized to enter into on behalf of yourself or the party you are setting up an account for. These Terms supersede any other Agreement between the parties except where specifically referencing these Terms.
12:2. These Terms may change from time to time at the discretion of the Company. The Company, upon changing these terms will provide notice to you in the email address assigned to your account. Failure to object to any changes within 14 days shall constitute acceptance of the changes to the terms.
12:3. Should any portion of these Terms be deemed unenforceable by a court of competent jurisdiction, the remainder of these Terms shall remain in full force as though the unenforceable term was never written into these Terms.
info@merchantmatch.net