Diligent Payments Terms of Service
ARTICLE I. Website Terms & Conditions
By accessing our website, you are agreeing to be bound by the Diligent Payments Terms of Service and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
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USE LICENSE
a. Permission is granted to temporarily download one copy of the materials (information or software) on Diligent Payments LLC (Diligent Payments) websites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on Diligent Payments’ website;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or “mirror” the materials on any other server.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Diligent Payments at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
2. DISCLAIMER
a. The materials on Diligent Payments’ web site are provided “as is”. Diligent Payments makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Diligent Payments does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
3. LIMITATIONS
a. In no event shall Diligent Payments or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Diligent Payments’ Internet site, even if Diligent Payments or a Diligent Payments authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
4. REVISIONS AND ERRATA
a. The materials appearing on Diligent Payments’ website could include technical, typographical, or photographic errors. Diligent Payments does not warrant that any of the materials on its web site are accurate, complete, or current. Diligent Payments may make changes to the materials contained on its web site at any time without notice. Diligent Payments does not, however, make any commitment to update the materials.
5.LINKS
a. Diligent Payments has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Diligent Payments of the site. Use of any such linked website is at the user’s own risk.
6. SITE TERMS OF USE MODIFICATIONS
a. Diligent Payments may revise these Diligent Payments Terms of Service for its website at any time without notice. By using this website you are agreeing to be bound by the then-current version of the Diligent Payments Terms of Service and Conditions of Use.
7. GOVERNING LAW
a. Any claim relating to Diligent Payments’ website shall be governed by the laws of the State of Missouri without regard to its conflict of law provisions.
8. PRIVACY POLICY
a. Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.
b. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
c. We will only retain personal information as long as necessary for the fulfillment of those purposes.
d. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
e. Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
f. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
g. We will make readily available to customers information about our policies and practices relating to the management of personal information.
h. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
9. ONLINE APPLICATION AND INFORMATION SUBMISSION
a. Online application or other personal information submitted digitally to Diligent Payments through their website or other digital means shall be subject to the privacy policy contained herein.
b. By clicking on the check box next to “You agree to the terms and conditions and privacy policy” and subsequently submitting information, you are providing ‘written instructions’ to Diligent Payments under the Fair Credit Reporting Act authorizing Diligent Payments to obtain information from your personal credit profile or other information from Experian. You fully authorize Diligent Payments to obtain such information solely for the purposes of confirming your identity to avoid fraudulent transactions in your name.
c. I authorize that Diligent Payments may contact me via the contact information, either by phone, via email, in person or other reasonable means to gather relevant information for the purposes of verifying my identity, performing due diligence and setting up services provided by Diligent Payments.
10. E-SIGNATURES
a. Under the Electronic Signatures in Global and National Commerce Act (E-Sign), all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when:
i. ISO or User’s electronic signature is associated with the Agreement and related documents
ii. ISO or User consents and intend to be bound by the Agreement and related documents, and
iii. the Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). When accepted in electronic form, this Agreement and all related electronic documents shall be governed by the provisions of E-Sign. By pressing “Submit”, “Accept” or “I Agree”, ISO or User, as the case may be, agrees:
A. that the Agreement and related documents shall be effective by electronic means,
B. to be bound by the Diligent Payments Terms of Service and Conditions of this Agreement and related documents, and
C. that it has had the ability to print or otherwise store the Agreement and related documents.
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Diligent Payments LLC
Attention: Privacy Department
PO Box 150
Valley Park, MO 63088-9998
t. (314) 883-9963
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January 2019.