Terms of Use Agreement

As a viewer and user (“You”) of the Payment Brokers Group, LLC (“PBG”) website(s) ("Site") You agree that your use of the Site is governed by the laws of the State of Colorado and any applicable federal United States laws (see “GOVERNING LAW” below for additional agreements you are making for Jurisdiction and Venue). If you access this Site from other locations, you do so on your own initiative and you are responsible for complying with applicable local laws. PBG does not represent that the materials in this Site are appropriate or available for use in all locations. Access to this Site from locations where the contents of this Site are illegal or penalized is prohibited. This Site is not intended for children under the age of 13. Please do not access or use this Site if you are under 13 years of age. By using this Site, you affirm that you are over the age of 13.

COPYRIGHT AND TRADEMARK INFORMATION.

The trademarks, trade names, and service marks (the "Marks") used on PBG's website belong to PBG or to various other parties. No one is authorized to use any of the Marks in any manner without the prior express written permission of the owner of the Mark. The materials displayed on PBG's website are protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed or otherwise used without the prior express permission of PBG. All Site design rights, databases and other intellectual property rights associated with the Site, whether registered or unregistered, and related goodwill, are proprietary rights of PBG. Modification of any Marks or materials displayed on the Site or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of PBG and is prohibited.

LIMITATIONS.

None of the information on PBG's website may be used, distributed, or reproduced for commercial purposes without our prior express written permission. No third party is authorized to solicit PBG's products or services without PBG's prior express written permission. There are various restrictions, limitations, and costs associated with PBG's products and services, which are disclosed in the applicable customer agreements and continue to apply regardless of any information provided in our website. Not all products and services described are available in all geographic areas.

NO WARRANTIES.

The materials in this Site are provided "as is." From time to time PBG's website may include information from third parties, and/or links to other websites. PBG does not make any warranties, express or implied, regarding any materials on this Site, any third party information or any links to other websites, and PBG assumes no responsibility for the accuracy, completeness, reliability or suitability of the information provided on this Site or by third parties or information, software (if any), offers or activity found on other websites which may be linked to our Site. Any links to third-party websites are for convenience only and should not be interpreted as endorsement or approval by PBG of the organizations sponsoring such third-party websites or their products or services. If you use these links, you will leave this Site. These Terms do not apply to any other websites. With respect to this Site and to third-party websites, PBG does not make any warranties regarding the results of the use of the materials on this Site or on any third-party website, or that the functions contained on this Site or on any third-party website will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server which makes it available, or any third-party website, are free of viruses or other harmful components.

USER-SUBMITTED INFORMATION AND PROHIBITED ACTIVITIES.

You are responsible for anything you transmit to or through this Site or to us through email, and that your transmissions will be truthful, accurate, not misleading, offered in good faith and that you have authority to transmit such information. You must not transmit anything to or through this Site or to PBG through email that you consider to be confidential or proprietary. Anything that you transmit to or through this Site or to PBG through email will be considered to not be confidential or proprietary. This policy serves to avoid potential misunderstandings or disputes regarding ownership of ideas. In addition, in using this Site, you must not:

  • Violate or attempt to violate the security of this Site. Any such violations may result in criminal and/or civil penalties against you. PBG may investigate any suspected violation and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations;
  • Send or otherwise transmit to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
  • Misrepresent your identity or affiliation in any way;
  • Restrict, discourage, or inhibit any person from using this Site, disclose personal information obtained from this Site, or collect information about users of this Site;
  • Reverse engineer, disassemble or decompile any section or technology on this Site, or attempt to do any of the foregoing;
  • Gain unauthorized access to this Site or computers or websites connected or linked to this Site;
  • Launch or use any automated system, including without limitation, "robots", "spiders", or "offline readers", that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
  • Send or otherwise transmit to or through this Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
  • Violate any applicable laws or regulations or these Terms; or
  • Assist or permit any persons in engaging in any of the activities described above.

INDEMNIFICATION.

You agree to indemnify, defend and hold PBG and affiliated companies, their respective directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; or (ii) your activities in connection with this Site.

LIMITATION OF LIABILITY.

PBG disclaims liability for any and all claims, losses, costs, expenses (including attorneys' fees), and damages of whatever kind or nature including without limitation general, compensatory, special, incidental, consequential, punitive, exemplary or treble damages ("Damages") based on any theory of liability, in connection with any use of PBG's website and the information contained therein, the inability to use this Site or the materials on it, the misappropriation of materials, or the loss of, or damage to, materials for any reason, even if PBG has been advised of the possibility of such Damages.

GOVERNING LAW.

THIS AGREEMENT AND ALL QUESTIONS ARISING IN CONNECTION HEREWITH SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO, AND ALL SUITS HEREUNDER OR IN RESPECT HERETO BY EITHER PARTY SHALL BE INSTITUTED IN THE COLORADO COURTS. FURTHERMORE, MW HEREBY SUBMITS TO THE JURISDICTION AND VENUE OF THE COUNTY COURT OF ARAPAHOE COUNTY, COLORADO, THE DISTRICT COURT OF ARAPAHOE COUNTY, COLORADO, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO, AND HEREBY CONSENTS TO SERVICE OF PROCESS AT MW’S ADDRESS SET FORTH ABOVE.

EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING IN ANY MANNER TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. THE PARTIES AGREE THAT ANY DISPUTE SHALL BE TRIED TO A JUDGE WITHOUT A JURY. THIS WAIVER APPLIES TO ANY ACTION OR LEGAL PROCEEDING WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COUNSEL TO THE EXTENT IT DESIRES TO DO SO.

CHANGES AND TERMINATION OF USE.

PBG reserves the right to change these Terms of Use, or the content of any portion of our website at any time without notice. Your continued access of PBG's website will be subject to the Terms of Use in effect at the time you access our website. PBG may terminate your use of this Site or any features or services at any time and for any reason without notice for conduct violating these Terms. Upon any such termination, you must destroy all Materials obtained from this Site and all copies. The provisions of these Terms concerning Site security, prohibited activities, Marks, user submissions, disclaimer, limitation of liability, indemnity, and governing law issues shall survive any such termination. If any provision of these Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are the entire agreement between you and PBG relating to the subject matter herein and shall not be modified except as provided herein.