Last updated: July 21, 2022
General
These Terms of Use (the “Terms”) constitute a legal agreement between you and Certegy Payment Solutions, LLC (the “Company”), the provider of this website (the “Company Site”). As used herein, the term “Company Site” includes any website where these Terms are posted, including without limitation www.certegy.com and www.askcertegy.com. Your use of the Company Site and any other products and services offered by the Company (collectively, including the Company Site, the “Services”) is subject to the terms expressed in this document, so you should carefully read these Terms to fully understand how they govern your relationship with the Company and how it affects the way you use the Company Site. By your continued use of the Company Site, you agree to these Terms.
The Terms constitute your entire agreement with the Company regarding the Services and govern your use of the Services. We may amend the Terms at any time by posting an amended version on the Company Site. Any changes to the Terms will become effective immediately upon posting and may be changed without notice to you. If you do not agree to the Terms, then your only remedy is to stop using the Services.
PRIVACY
Certain information about you is subject to our Privacy Policy, which is incorporated herein by this reference and is available by clicking this link.
TELEPHONE CONSENT
If you provide the Company with your telephone number, including without limitation for the purpose of requesting a consumer file disclosure report, you consent to be contacted by the Company at such number, including without limitation by means of an auto dialer. Company may send a onetime text message, at your request via our IVR, with a link for obtaining a consumer file disclosure report. For help, reply HELP or call 1-800-237-3826. To opt out of any future text messages from the Company, reply STOP or otherwise follow the opt-out instructions provided by the Company via text message. Message and data rates may apply. Carriers are not liable for delayed or undelivered messages.
USING THE SERVICES
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Many of the features and information on the Company Site are proprietary to the Company or are licensed to the Company by third parties. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Company Site without the prior expressed written permission of the Company or the appropriate third party.
Your use of the Services is at your own risk. Information on the Company Site may contain typographical errors or other technical inaccuracies. The Company may make adjustments to the information on the Company Site without notice including to the products or programs described therein.
You may use the Services only in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Services, and are responsible for the consequences of such communications.
Without limiting the foregoing, you agree you will not:
NO WARRANTIES
THE SERVICES ARE PROVIDED “AS IS” WITH ALL FAULTS AND THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF INFORMATION ON THE COMPANY SITE OR ANY LINKED THIRD-PARTY SITE.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY (INCLUDING NEGLIGENCE), AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE COMPANY SITE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES.
ARBITRATION
Any dispute arising out of or relating to these Terms shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in accordance with the United States Arbitration Act. There shall be one arbitrator, named in accordance with such rules. The arbitrator shall decide the dispute in accordance with the substantive law of the state of Florida. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. Any arbitration arising out of these Terms shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
INDEMNIFICATION
Except to the extent prohibited by law, you agree to defend, indemnify, and hold the Company, and its directors, officers, employees, affiliates, agents, contractors, third-party service providers, and licensors (the “Company Entities”) harmless from any claim or demand, including costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Services; (b) your violation of these Terms; (c) your violation of applicable laws or regulations; or (d) your violation of any third-party rights, including without limitation intellectual property rights. We reserve the right to control the defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
CLASS ACTION WAIVER
UNLESS RESTRICTED OR PROHIBITED BY LAW AS AGAINST PUBLIC POLICY, ANY ACTION UNDER OR RELATING TO THESE TERMS OR YOUR USE OF THE COMPANY SITE OR OTHER SERVICES, WHETHER BEFORE A JUDGE OR JURY OR PURSUANT TO JUDICIAL REFERENCE, WILL TAKE PLACE ON AN INDIVIDUAL BASIS, WITHOUT RESORT TO ANY FORM OF CLASS OR REPRESENTATIVE ACTION (“CLASS ACTION WAIVER”). THIS CLASS ACTION WAIVER PRECLUDES ANY PARTY FROM PARTICIPATING IN OR BEING REPRESENTED IN ANY CLASS OR REPRESENTATIVE ACTION REGARDING A CLAIM UNDER THESE TERMS. REGARDLESS OF ANYTHING ELSE HEREIN, THE VALIDITY AND EFFECT OF THE CLASS ACTION WAIVER MAY BE DETERMINED ONLY BY A COURT.
TERMINATION
You agree that the Company may, without prior notice, immediately terminate your access to the Company Sites. You agree that all terminations shall be made in the Company’ sole discretion and that the Company shall not be liable to you or any third party for any termination of the Company Site.
MISCELLANEOUS
These Terms contain the complete, full, and exclusive understanding of the parties as to its subject matter. The Company’s failure to enforce a breach by you of these Terms shall not waive or release you from such breach and shall not waive, release, or prevent the Company from enforcing any subsequent breach by you of these Terms. If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.