THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A USPAYTRUST SITE.
Welcome to the Internet sites of Rittenhouse Payment Solution LLC.(RP). These Terms and Conditions apply to all Rittenhouse Payment Solution Internet site. By using a Rittenhouse Payment Solution Site, or any of the products or services (collectively the "Services") available on a Rittenhouse Payment Solution Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Rittenhouse Payment Solution Site or Service, all as may be modified by Rittenhouse Payment Solution from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use a Rittenhouse Payment Solution Site or any of the Services on a Rittenhouse Payment Solution Site.
Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a Rittenhouse Payment Solution Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Registration, Accounts and Passwords
Certain of the Services and related features made available on a Rittenhouse Payment Solution Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Rittenhouse Payment Solution Site, and (b) all activities that occur under such password or account. Further, you agree to notify Rittenhouse Payment Solution of any unauthorized use of your password or account. Rittenhouse Payment Solution shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
All material, information and content (collectively "Content") available on a Rittenhouse Payment Solution Site, including the manner in which such Content is presented, and the Services are: Copyright © Rittenhouse Payment Solution LLC, its affiliates and/or licensors. All rights reserved. Such Content is protected by US and worldwide copyright laws and treaty provisions. Rittenhouse Payment Solution grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a Rittenhouse Payment Solution Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
RP reserves the right, in 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. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a Rittenhouse Payment Solution Site. If any change is not acceptable to you, you must discontinue your use of a Rittenhouse Payment Solution Site and any of the Services immediately. Your continued use of a Rittenhouse Payment Solution Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, Rittenhouse Payment Solution reserves the right to change, modify, suspend or discontinue any aspect of a Rittenhouse Payment Solution Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
You agree to defend, indemnify and hold harmless each of Rittenhouse Payment Solution, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Rittenhouse Payment Solution Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Rittenhouse Payment Solution Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Rittenhouse Payment Solution Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL USPAYTRUST, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER RITTENHOUSE PAYMENTS HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A RITTENHOUSE PAYMENTS SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A USPAYTRUST SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Rittenhouse Payment Solution has entered into this agreement, and has and will make a Rittenhouse Payment Solution Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Rittenhouse Payment Solution. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
All Rittenhouse Payment Solution Sites and Services are controlled, operated and administered by Rittenhouse Payment Solution from its offices within the United States. Rittenhouse Payment Solution makes no representation or warranty that a Rittenhouse Payment Solution Site or any of the Services are appropriate or available for use at any locations outside the United States. If you access a Rittenhouse Payment Solution Site from outside the United States, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Rittenhouse Payment Solution Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United States, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any Rittenhouse Payment Solution Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the State of Florida. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that Rittenhouse Payment Solution, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Rittenhouse Payment Solution Site or any of the Services, and remove and discard any information or content related to a Rittenhouse Payment Solution Site or any of the Services (and your use thereof), for any reason, including where Rittenhouse Payment Solution believes that you have violated any of these Terms and Conditions. You further agree that Rittenhouse Payment Solution shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Rittenhouse Payment Solution Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of Rittenhouse Payment Solution in operating a Rittenhouse Payment Solution Site or any of the Services, your sole and exclusive remedy is to discontinue using a Rittenhouse Payment Solution Site or any of the Services.
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