TERMS OF USE

This Terms of Use was last modified on 02/05/2013.

The following is the understanding and the agreement between Heartland Payment Systems (“Heartland,” “we,” “us,” “our”) and the person ("you," “your,” or "user") who accesses this Website (“website”). The website from which you accessed this agreement is provided to you subject to the following conditions.

These terms and conditions are in addition to any other terms governing access to this website. By visiting this website in any manner you accept these terms and conditions (the "Terms of Use").

If you are not 18 years of age or older, we require that you have the specific approval of a parent or guardian to use this website. At our sole discretion, we may refuse service, terminate, or suspend your use of this website at any time.

Any Non-Human Visitors to the website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. The access rights granted to you under these Terms of Use are non-transferable without our express written permission.

Ownership

Heartland owns the information on this website including all intellectual property, except that which is the property of a third party or that intellectual property's licensors. This property is protected by copyright, trademark or other applicable intellectual property laws. Users and visitors may not copy, distribute, transmit, display, publish, sell or license any information or content found on this website, or made available through it, and may not modify or create derivative works from the information and content. Users may not use the trademarks, logos, and service marks ("Marks") for any purpose including, but not limited to, use as links or meta tags in other pages or websites on the World Wide Web without the written permission of Heartland or the third party which owns the Mark in question. No license, right or interest in any Marks of Heartland is granted hereunder.

Description of Services

This website is designed to allow the user to access the website and its content including general information, and specific information relating to the individual user and that user's account, if applicable, and includes a login section that can be accessed only by Heartland staff and registered users. The services provided, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms of Use.

Use of Content

You may use this website and its content to access information relating to your individual account, if applicable, and the program in general, under the Terms of Use of this website and our Privacy Policy. You consent to having your internet protocol address recorded. An email address (the "Identifier") may appear immediately below your internet protocol address if we suspect potential abuse. The Identifier is uniquely matched to your internet protocol address. You agree not to use this address for any reason or purpose. YOU AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF USE.

Tampering

You agree not to change, modify, add to, remove from, delete or otherwise corrupt the information contained on this website. You also agree not to unlawfully use or reproduce any of the software, code there from, copyrighted material, trademarks, or other intellectual or proprietary property contained on this website or made available through it. Unlawful use and reproduction includes but is not limited to decompiling, reverse engineering, disassembling and creating derivative works.

No Warranties

Documents and information provided on this website are provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Although we use reasonable efforts to include accurate and up-to-date information on this website, we do not make any warranties or representations as to accuracy or completeness. From time to time, we will update, improve, change, add to (or remove from) the information and documents on this website at our sole discretion and without notice. We assume no liability or responsibility for any errors or omissions in the content of this website. Your use of this website is at your own risk.

Limitation of Liability

IN NO EVENT OR CIRCUMSTANCE SHALL HEARTLAND BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA, AND IN THE CASE OF A BUSINESS, ANY LOST PROFITS OR DAMAGES FROM BUSINESS INTERRUPTION, AND IN THE CASE OF AN INDIVIDUAL, LOSS OF INFORMATION OR LOSS OF VALUE THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS WEBSITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF HEARTLAND WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES, BY LAW, DO NOT ALLOW SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY; YOU MIGHT THEREFORE HAVE ADDITIONAL RIGHTS.

Privacy

Please see our Privacy Policy which describes how we use and protect the information which you provide to us.

Security

Heartland encrypts data transmitted to and from client websites for the user's protection. THE SECURITY OF INFORMATION TRANSMITTED THROUGH THE INTERNET CAN NEVER BE GUARANTEED. HEARTLAND IS NOT RESPONSIBLE FOR ANY INTERCEPTION OR INTERRUPTION OF ANY COMMUNICATIONS THROUGH THE INTERNET OR FOR CHANGES TO OR LOSSES OF DATA. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of our websites. In order to protect us and the data accumulated by us, we may suspend all use of the website in general or your use of the website in particular or the information relating to you, without notice, pending an investigation, in the case of a breach, or a suspected breach, of security.

Restrictions Applicable to Non-Human Visitors

Non-human visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Email addresses on this website are considered proprietary intellectual property. It is recognized that these email addresses are provided for human visitors alone. You acknowledge and agree that each email address the website contains has a value not less than US $50. You further agree that the compilation, storage, and/or distribution of these addresses substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, and/or storing this website's email addresses are recognized as a violation of these Terms of Use and are expressly prohibited.

Transmission of Personal Data

You acknowledge and agree that by providing Heartland with any personal information through this website, you consent to the transmission of such personal information as necessary for processing, which may involve transmission over international borders.