By accessing or using Valmar Merchant Services’ public-facing website (the “Site”), you agree to be bound by these Terms of Use and all applicable laws. If you do not agree to these Terms of Use, you must not access or use the Site. By using this Site, you also agree to Valmar Merchant Services’ Privacy Policy, available at: https://stage.vlmr.com/privacy-policy/, which is incorporated herein by reference.

Ownership of the Site

This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to Valmar Merchant Services. The design and layout of this Site (the look and feel of the Site) is the exclusive property of Valmar Merchant Services and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to Valmar Merchant Services. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Valmar Merchant Services makes no representation that materials, products or services depicted in the site are appropriate or available in all locations.

Valmar Merchant Services grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for its intended informational purposes. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including but not limited to, any of Valmar Merchant Services’ intellectual property.

Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Site and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any Valmar Merchant Services trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Valmar Merchant Services’ express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any Valmar Merchant Services’ name, trademarks, or product names without Valmar Merchant Services’ express written consent.

No images on this site may be used without first seeking Valmar Merchant Services’ express permission to obtain high-resolution formats. To request permission to use Valmar Merchant Services’ intellectual property, contact us to execute the appropriate permission request forms. Valmar Merchant Services reserves the right to refuse any permission request for any reason.

Any unauthorized use of this Site will terminate the limited license and/or rights granted herein. Unauthorized uses of Valmar Merchant Services’ intellectual property may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Valmar Merchant Services reserves the right to pursue all available legal and equitable remedies for any such unauthorized use. You agree not to use the Site (i) for any unlawful purpose (ii) to interfere with or disrupt the operation of the Site; (iii)to attempt to gain unauthorized access to any systems or data; or (iv) to use automated means (including scraping or bots) to access the Site without prior written consent.

Informational Purposes Only

The Site is provided for general informational purposes only. Nothing on the Site constitutes an offer, solicitation, or recommendation to provide payment processing or any other services. Any products or services described on the Site are subject to separate agreements, underwriting, and approval by Valmar Merchant Services and its partners.

Changes / Accuracy of Information

Information may be changed or updated without notice. Valmar Merchant Services may also make improvements and/or changes in the products, services and/or programs described in this information at any time without notice.

Valmar Merchant Services will make best efforts to maintain the Site up to date and to present accurate information. However, sometimes information on the Site may be imperfect, such as being obsolete or out of date, containing typographical errors or technical inaccuracies, or being incomplete. Use of information on the Site is at your own risk. Prices and availability are subject to change without notice. You should not rely on the Site for promises from Valmar Merchant Services. Instead, reference should be made to the program documents for each product or service offering for precise terms and conditions.

Global Availability

The availability of products and services may vary by jurisdiction. Valmar Merchant Services’ products and services are governed solely by the agreements under which they are provided. Nothing on the Site modifies or supplements any such agreements. To the extent any services are described on the Site, such descriptions are for informational purposes only and do not create any contractual obligation.

Links

The Site may contain links to third-party websites. Valmar Merchant Services does not control and is not responsible for the content, policies, or practices of any third-party websites. Accessing such websites is at your own risk.

Disclaimer of Warranties

THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VALMAR MERCHANT SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. VALMAR MERCHANT SERVICES DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. VALMAR MERCHANT SERVICES MAY SUSPEND OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE OR LIABILITY.

Exclusion of Liability

YOUR USE OF THE SITE AND ANY OF ITS CONTENT OR FEATURES IS AT YOUR OWN RISK. IN NO EVENT WILL VALMAR MERCHANT SERVICES NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, REPRESENTATIVES, EMPLOYEES, SUCCESSORS, OR ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE OR CONTENT, OR ON ANY OTHER HYPER-LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEMS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL VALMAR MERCHANT SERVICES’ TOTAL LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100).

Law and Jurisdiction

These Terms of Use are governed by the laws of the State of New York, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in Erie County, New York, and you consent to the jurisdiction of such courts. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Modification of Terms

Valmar Merchant Services may update these Terms of Use from time to time. Any changes will be effective upon posting to the Site. Your continued use of the Site after such changes constitutes your acceptance of the updated Terms. Nothing on the Site constitutes legal, financial, or business advice.