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DELTA PAYMENT SOLUTIONS - TERMS

(January 1, 2023)


These terms are subject to change and are applicable to those products and services for which they apply. Install current versions to assure current vendors and are applicable as of the listed policy date. Please click here to review Changes to 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 products, or services, functions, functions or links is provided or purchased from DPS and hereinafter referred to as the Service ("Service"). Please read these Terms carefully, and keep a copy of them for your reference.

1. Privacy

Your use of the Sites is subject to DPS' Privacy Policy. Click here to view our Privacy Policy, which also governs the Sites and informs users of our data collection practices.

2. Electronic Communications

Visiting the Sites and sending forms to us or emails to a third party is the same as submitting forms to DPS transmits electronic communications. You consent to receive electronic communications and you agree that all proposals, agreements, notices, disclosures and other communications that DPS provides to you electronically, via email, via the Sites or third party applications, satisfy any requirement that such communications be in writing.

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.

4. Children Under Thirteen

DPS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under thirteen years of age, you may use the Sites only with permission of a parent or legal guardian.

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 in a 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 are or 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 this 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.

7. International Users

The Service is controlled, operated and administered by DPS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the DPS Content accessed through or the Sites in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

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 attorneys' 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

Your use of contents of DPS Service is for consultation purposes only and you agree to indemnify DPS, its employees, agents, and representatives from any costs, liabilities, and damages of any and every kind that result from a Service implementation, contracts or vendor engagements for which a DPS provides a service, program or consulting in conjunction with performing Service. DPS assumes no liability for service consulting provided independently. You agree to indemnify DPS, its employees, agents, and representatives from any costs, liabilities, and damages of any and every kind that may be caused by any outside vendor You choose to engage directly regardless 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 referred to and finally resolved by arbitration under the rules of the American Arbitration Association then in effect. 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 submit all disputes or claims arising in regards to these Terms and Conditions to any disputes arising in or out of these Terms and Conditions. whether directly or indirectly. Including, but not limited to, as a result of these Terms and Conditions, the parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The parties also including the scope and enforceability of this arbitration provision and all issues to 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 parties 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 SERVICES 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, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES 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, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

13. Intellectual Property

We retain all ownership copyright interest in and to all intellectual property, computer programs, related documentation, technology, know-how and processes developed by or and provided in connection with Arrangements. Collectively, our "Our Intellectual Property") and we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to use Our Intellectual Property in connection with the Services (excluding software). The sublicense granted is limited to your use and specifically and limits our liability to only those as if applicable as a result of our Intellectual property being used by you. Your right to use Our Intellectual Property shall be treated as confidential and proprietary. All rights not expressly granted hereunder and their obligations under this license shall survive the term of this Agreement by three (3) years following termination, whichever comes first.

14. Governing Law

This Agreement shall be construed in accordance with the laws of the Commonwealth of Massachusetts.

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. In the reasons or service controlled by the Sites, this Agreement is governed by the laws of the Commonwealth of Massachusetts and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. DPS' failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement, together with the Privacy Policy and any other legal notices published by DPS on the Sites, shall constitute the entire agreement between you and DPS with respect to the Sites and supersede 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. The answers Hub is the decision was in the Agreement and all related documents be in use — English.

16. Travel Policy

Local bookings are free of charge. 1 to 2019 hours of extra traveling to any accommodation location will be an extra additional charge. Rates and types of DPS accepting airlines included in DeltaAir, the DMAC or online, OR REFER: The hotel Policy. Click here to review the policy.

17. Card Payment Transactions

Card payment transactions using the Sites, DPS offers rates proposal, and is sending certain familiar applications, will be processed secretly via email. American payment processor (or registered DPS and could also implement agreement between you or Delta Payment Solutions LLC. Your payment transactions will be processed via DPS. You are responsible for chargeable taxes and card processing, instead fees (including but not limited to with taxes, local foreign exchange or in new border fees).

For recurring payment transactions, by choosing a recurring billing feature, you are authorizing DPS to charge your card or payment method unless you provide at the billing details of DPS for the relevant charges. Whether payment or this is applicable, you agree to submit DPS at the time of any data retention charges. Any request for order of processing that could affect your product or services, or your data protection, or update payment card information, please contact your Delta Payment Solutions Contact and DPS. Do not hold recurring billing or automated ordering data or a mail or any other unapproved actions form of commercialization.

18. Changes to Terms

DPS reserves the right to edit, change or update the Terms policy within the Sites as offered. The most current version of the Terms will appear at all previous windows. DPS encourages you to continually review the Terms to stay informed of our updates.

Contact Us

If you have any questions or comments regarding these Terms, you can contact DPS at:

Delta Payment Solutions
400 TradeCenter Suite 5900
Woburn, MA 01801
Email Address: info@mydeltaps.com
Delta Payment Solutions
The Cooperative
Co-op Marketing Partners Co-op Agent Partners Co-op Provider Partners
Solutions
Delta Payment Gateway Revenue Features Accounts Payable Accounts Receivable
Developers
E-commerce ISVs, VARs & Integrators Integrations & Shopping Carts

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