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TERMS OF USE POLICY – Ad My Name

TERMS OF USE POLICY

TERMS OF USE

  1. ACKNOWLEDGMENT AND ACCEPTANCE OF, AD MY NAME, AND ITS AFFILIATE PAYMENT SYSTEM, TERMS OF USE
    BY USING THE PAYMENT SYSTEM, CUSTOMER’S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS.  IF YOU DO NOT ACCEPT THESE TERMS (YOU, THE CUSTOMER), MAY NOT USE THE PAYMENT SYSTEM.
    In consideration for access to the Payment System, Customer agrees to: (1) provide certain current, complete, and accurate information about Customer as prompted to do so by the Payment System; (2) maintain and update this information as required to keep it current, complete and accurate; and (3) pay all applicable fees. All information requested on original sign up shall be referred to as registration data (“Registration Data”). Furthermore, Customer grants Ad My Name, or an affiliate the right to disclose to third parties certain Registration Data about Customer in the aggregate; however, such disclosures will exclude Customer’s name, mailing address, e-mail address, account and phone number, unless: (1) Customer expressly directs, or Ad My Name, or an affiliate any other person Customer may specifically designate to disclose such information or (2) Ad My Name, or an affiliate is required to disclose such information by any applicable law or legal process served on Ad My Name, or an affiliate.
    If any information provided by Customer is inaccurate, Ad My Name, or an affiliate retains the right to terminate Customer’s rights to use the Payment System without notice.
  2. DESCRIPTION OF THE PAYMENT SYSTEM
    Ad My Name is providing Customer with a capability to send electronic data (“Data”) via the World Wide Web and on Ad My Name’s and its affiliate’s own system. Customer must: (1) provide all equipment, (2) provide for its own access to the World Wide Web and pay any telephone service fees associated with such access to the Payment System; and (3) use virus-checking software on all Customer equipment.
  3. MODIFICATIONS TO TERMS OF THE PAYMENT SYSTEM
    Ad My Name’s affiliates shall have the right at any time to change or modify the terms and conditions applicable to Customer’s use of the Payment System, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on convergepay.com and/or the Payment System, or by electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of the Payment System by Customer after such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.
  4. MODIFICATIONSOF AND ACCESS TO THE PAYMENT SYSTEM
    Ad My Name, or ITS affiliate’s reserves the right to modify or discontinue the Payment System with or without notice to Customer.  Ad My Name, or an affiliate shall not be liable to Customer or any third party should Ad My Name, or ITS affiliate’s exercise its right to modify or discontinue the Payment System.  Ad My Name, or ITS affiliate’s does not warrant or guarantee that the Payment System is complete, accurate or current.
  5. CUSTOMER SECURITY
    Ad my name will do everything in our power to protect the security of our customers using our payment systems.
  6. LIMITATION OF LIABILITY
    AD MY NAME DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGE TO, OR VIRUSES THAT MAY INFECT, CUSTOMER’S, COMPUTERS USED TO ACCESS THE PAYMENT SYSTEM.  AD MY NAME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PAYMENT SYSTEM OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF AD MY NAME OR IT’S AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
  7. LAWS
    These Terms shall be governed by the laws of the state of Georgia, without regard to its conflict in law provisions. The state and federal courts of Fulton County, Georgia shall have exclusive venue and jurisdiction over any claim of action filed, which is related to this Agreement. Each party agrees to waive its right to a jury trial in any such action or proceeding.  If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  Elavon’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Elavon in writing.  Customer and Elavon agree that any cause of action arising out of or related to these Terms or Customer’s use of this Payment System or any other Elavon network must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.  The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.