The terms “us”, “our”, and “we” refer to TSYS Merchant Solutions, LLC (“TSYS”), and any of our affiliated companies. This website and the Merchant Savings Program offered through this website shall be referred to as Merchant Savings, or the “Site”. Merchant Savings is a merchant club containing savings, discounts and other benefits for use by our merchants, subject to the terms and conditions hereof. We own this URL address. This URL address is protected by applicable law. Our address is 12202 Airport Way, Suite 100 Broomfield, CO 80021.
The terms “you” or “your” refer to the merchant that is a party to the merchant processing agreement with TSYS, and the authorized representative accessing Merchant Savings. If you use this Site, you are representing that you are an authorized representative of the merchant and that the merchant expressly agrees to comply with and be bound by all of the following terms and conditions of use of Merchant Savings. If you disagree with any part of these terms and conditions, you are prohibited from using this Site and accessing Merchant Savings, and you are required to immediately contact us at 1-800-654-9256 or unsubscribe of the Site by clicking here.
You expressly agree to the following terms and conditions of use the Site and membership in Merchant Savings:
1) Benefits. Subject to these terms and conditions, you are eligible to receive the following benefits: potential discounts and savings on products and/or services from national, regional and/or local vendors listed on the Site. In addition, specific terms and conditions apply to the “Supplies” page, as set forth in the “Terms and Conditions” link on the bottom of the “Supplies” page. You must login to access the benefits offered by the Merchant Savings. If you have trouble logging in, please visit the Q & A page for assistance. The access to savings, discounts, and/or other benefits from the vendors listed on the Site shall be subject to the terms and conditions of purchase or service established by each vendor and under no circumstances will we be liable in any manner whatsoever for any transaction, deal, offer, purchase, or any communication whatsoever offered, made, promoted, displayed, advertised or otherwise posted on the Site by a vendor. Without limiting the foregoing, we shall not be liable to you in connection with or arising out of the failure of any vendor to honor any promotion, advertisement, offer, deal or arrangement with you or any of the benefits provided, or promised to be provided, by a vendor to you.
2) Risk Free Trial Period. You will have free access to use the Site for at least 30 days beginning with the day you sign up and become a merchant for card processing with TSYS. After expiration of the initial trial period, you will be charged a monthly membership fee described in Section 3 below. You are only permitted one risk-free trial period.
3) Membership Fee. You will be charged a monthly membership fee as set forth on your merchant statement, insert, or other communication we sent informing you of your membership following the trial period described in Section 2 above. Your monthly membership fee will be billed on your monthly statement under the heading “Fees – Merchant Savings Program”. Membership fees are non-refundable. If the amount of the fee changes after your enrollment for any reason, we will provide at least 15 days advance written notice to you regarding any such change.
4) Eligibility. You and/or your employees may use the Site for your business needs. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account. You acknowledge and agree to indemnify and hold us harmless from and against any claim, loss, or liability (including reasonable attorney’s fees), arising from any wrongdoing or any violation of the Terms and Conditions by you or by anyone using your account.
5) Right to Cancel Membership. You have the right to cancel your membership at any time. To cancel your membership, simply click on the “unsubscribe” button found at the footer of the Site and follow the instructions. In addition, you may cancel your membership by calling us at 1-800-654-9256. If you cancel during the risk-free trial period, you will not be charged a membership fee. After the risk-free trial period expires, if you cancel before the 15th day of a month, you will not be charged a membership fee for that month; however, if you cancel on or after the 15th day of a month, you will be charged a membership fee for that month.
6) Authorization to Send Marketing & Promotional Materials. You authorize us to send you promotional and/or marketing materials relating to TSYS including, but not limited to, through email, monthly statements and/or postal mail. Please review our “privacy policy” for detailed information regarding our permitted uses of the information we receive from you through the Site and for other uses of your information.
7) Governing Law. Your agreement to abide by these terms and conditions and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of Colorado, exclusive of its conflict or choice of law rules
8) Disclaimers and Limitation of Liability.
A) Disclaimers. We provide links to third party sites as a convenience and the inclusion of any such link on the Site does not imply our endorsement of either the third party site, the organization operating or that owns such third party site, or any of their products or services. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these third-party vendors or businesses, or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. A visit to any third party site or page from the Site via any such link is done entirely at your own risk. If you find any link on the Site or any linked website objectionable for any reason, please notify us immediately.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE, TSYS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND OF NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
B) No Liability. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.THE PRECEDING NOTWITHSTANDING, IF WE ARE DEEMED LIABLE FOR ACTS OR OMISSIONS EITHER DIRECTLY OR INDIRECTLY RELATED TO THE SITE, THEN OUR AGGREGATE LIABILITY SHALL NOT, UNDER ANY CIRCUMSTANCE, EXCEED THE AMOUNT OF MONTHLY MEMBERSHIP FEES YOU PAID TO US WITHIN THE LAST TWELVE MONTHS.
9) Amendments and Severability. We reserve the right to make changes to the Site, policies, and these terms and conditions at any time, with or without notice. Amendments or changes to these terms and conditions, including benefits, shall not be deemed amendments or changes to your Merchant Agreement for purposes of any termination provision enumerated in said Merchant Agreement. If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or condition.
10) Termination. We reserve the right to immediately cancel your membership in Merchant Savings: (i) in the event of any breach of your Merchant Agreement or its termination for any reason; or (ii) by refunding the last monthly membership fee paid.
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