Delta Payment Solutions Site Terms

The below Terms and Conditions constitute an Agreement ("Agreement") between User ("User", "you", "your") and Delta Payment Solutions LLC ("Delta", "DPS").

Welcome to www.mydeltaps.com. This website is comprised of various web pages operated by DPS (the "Sites"). The Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Sites constitutes your agreement to all such Terms. For clarification, where available, all services, features, functionalities and/or products provided by or purchased from DPS are hereafter referred to as the Service ("Service"). Please read these Terms carefully, and keep a copy of them for your reference.

3. Your Account

If you establish a user account on any of the Sites, 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 may not assign or otherwise transfer your account to any other person or entity. You acknowledge that DPS is not responsible for third party access to your account that results from theft or misappropriation of your account. DPS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

5. Links to Third Party Sites/Third Party Services

The Sites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of DPS and DPS is not responsible for the contents of any Linked Sites, including without limitation any link contained within Linked Sites, or any changes or updates to Linked Sites. DPS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DPS of the site or any association with its operators.

Certain services made available via the Sites and are delivered by third party sites and organizations. By using any product, service or functionality originating from the Sites, you hereby acknowledge and consent that DPS may share such information and data with any third party with whom DPS has a contractual relationship to provide the requested product, service or functionality on behalf of the Sites' users and customers.

6. No Unlawful or Prohibited Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Sites strictly in accordance with these terms of use. As a condition of your use of the Sites, you warrant to DPS that you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or interfere with any other party's use and enjoyment of the Sites.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Sites, is the property of DPS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Sites. DPS content is not for resale. Your use of the Sites does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of DPS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of DPS or our licensors except as expressly authorized by these Terms.

8. Indemnification-Site Use

You agree to indemnify, defend and hold harmless DPS, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use Sites or Service, any user postings made by you, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. DPS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with DPS in asserting any available defenses.

9. Indemnification-Service

You understand the nature of DPS Service is for consultative purposes only and you agree to indemnify DPS, its employees, agents, and representatives from any losses, liabilities, and damages of any and every kind that may result from a Service implementation, contract or vendor engagement for which a DPS product, service or program was associated. Additionally, while performing Service, DPS may refer You to outside vendor(s) to engage independently. You agree to indemnify DPS, its employees, agents, and representatives from any losses, liabilities, and damages of any and every kind that may be caused by any outside vendor You choose to engage directly regardless of existence of DPS referral.

10. Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

11. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and DPS agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

12. Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICE INCLUDED IN OR AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DELTA PAYMENT SOLUTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITES AT ANY TIME.

DELTA PAYMENT SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DELTA PAYMENT SOLUTIONS. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELTA PAYMENT SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICE AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DELTA PAYMENT SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.

13. Intellectual Property

We retain all ownership and copyright interest in and to any and all intellectual property, computer programs, related documentation, technology, know-how and processes developed by us and provided in connection with this Agreement (collectively, the "Our Intellectual Property"), and we grant you a non-exclusive license to use Our Intellectual Property for the limited purpose of performing under this Agreement. You acknowledge that the non-exclusive license granted herein is limited to your own use exclusively and that you do not have the right to sub-license or resell any of Our Intellectual Property in either its original or modified form. You shall not give any third party access to Our Intellectual Property without our prior written consent. Your obligations under this Section 13 shall survive the termination of this Agreement or three (3) years following last Service, whichever comes first.

15. Termination/Access Restriction

DPS reserves the right, in its sole discretion, to terminate your access to the Sites and any related Service or any portion thereof at any time, without notice. To the maximum extent permitted by law, this Agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts in all disputes arising out of or relating to the use of the Site. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPS as a result of this Agreement or use of the Sites. DPS' performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of DPS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by DPS with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire Agreement between the user and DPS with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DPS with respect to the Sites. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.

17. Card Payment Transactions

Card payments made through the Sites, DPS' electronic proposal, online booking or other Service applications, will be processed securely via a North American payment processor (or registered PSP) and constitutes a payment agreement between you and Delta Payment Solutions LLC. Your payment transaction will be processed in USD. You are responsible for all applicable taxes and card processing related fees (including but not limited to credit card fees, foreign exchange or cross border fees).

For recurring payment transactions, by choosing a recurring billing Service, you are authorizing DPS to bill the card or payment method you provide per the billing terms of the Service. It is your responsibility to ensure your card or payment method information is kept up to date to ensure there are no delays of processing that could effect your product or Service. For your data protection, to update payment card information, please contact your Delta Accounting Representative only. Please do not send sensitive card or payment method data via e-mail or any other unapproved electronic form of communication.

DELTA PAYMENT SOLUTIONS - TERMS