Last Modified on July 3, 2018
Berrong for State Senate 2018 may update the Terms at any time, and Berrong for State Senate 2018 will post the updated version of the Terms on the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of the Terms then in effect, you must immediately stop using the Service.
2. Provision of the Service
You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing the Service. You acknowledge and agree that Berrong for State Senate 2018 may make changes to any aspect of the Service at any time without notifying you in advance.
You may terminate this Agreement by closing your Account at any time. When you close your Account, any pending transactions will be cancelled. Any funds that are held in custody for you at the time of closure, less any applicable fees, will be paid out to you according to your payout schedule, assuming all payout-related authentication requirements have been fulfilled.
3. Donations and Refunds
In order to make a donation you will need to provide us with information necessary to process a donation from you, including your credit card and billing information. By donating money through the Site, you represent and warrant to us that any donation you make is legal and you are authorized to make such a payment. Additionally, you represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card or other means of donating on the Site; however you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
By clicking “Give Now” on our Site, you authorize us to charge your credit card or other payment method then available in accordance with this policy. All transactions are final. However, at our discretion, we may issue a refund to a donor.
4. Accepted forms of Payment
The Services support most domestic credit, debit, prepaid or gift cards with a Visa, MasterCard, or Discover logo. We may add or remove support for certain payment cards at any time without prior notice.
You acknowledge and agree that Berrong for State Senate 2018 may update the Service with or without notifying you and add or remove features or functions to the Service at any time in its sole discretion. You acknowledge and agree that Berrong for State Senate 2018 has no obligation to make the Service available to you, make any subsequent versions of the Service available to you or to continue to support the Service in any way. You acknowledge that your access to the Service may not be continuous, features may change during your use of the Service, and we may terminate your access to the Service or stop offering the Service at any time.
6. Restrictions and Conditions of Use
6.1 Use of the Service
Berrong for State Senate 2018 permits you to view and use the Service solely for your own personal (in the case of Donating Users) or limited commercial use (in the case of Recipients), in either case not inconsistent with the intended purpose of the Service. For the avoidance of doubt, you may be both a Donating User and a Recipient based upon your use of the Service. You agree not to license, create derivative works from, transfer, sell or resell any information, content, materials, data or services obtained from the Service. Berrong for State Senate 2018 reserves the right to add or remove information, content or services from the Service at any time at its sole discretion.
6.2 Accessing the Service
You agree not to access, or attempt to access, the Service by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Service through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers), and you agree to comply with the instructions contained in any robots.txt file present on the Site or the Service.
6.3 No Violation of Laws
You agree that you will not, in connection with your use of the Service, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
6.4 Use Restrictions
You may not connect to or use the Service in any way that is not expressly permitted by the Terms.
You may not: (i) remove any proprietary notices from the Service; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Service; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity without the prior written consent of Berrong for State Senate 2018 ; or (iv) make any false, misleading or deceptive statement or representation regarding Berrong for State Senate 2018 or the Service.
Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Service (or any servers, systems or networks connected to the Service) or otherwise attempt to obstruct, disrupt or interfere with the operation of the Service or any other person’s or entity’s use of the Service (or any servers, systems or networks connected to the Service); (ii) attempt to gain unauthorized access to the Service, an Account registered to other Users, a User associated with another user, or any servers, systems or networks connected to the Service; (iii) use the Service for any commercial purpose unless consistent with the Terms and the intended use of the same, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Service, unless you are specifically authorized to do so in a separate written agreement with Berrong for State Senate 2018 ; (iv) use the Service to develop, generate, transmit or store information that is defamatory, harmful, abusive, obscene or hateful; (iv) use the Service to perform any unsolicited commercial communication not permitted by applicable law; or (v) use the Service to engage in any activity that (A) constitutes harassment or a violation of privacy or threatens other people or groups of people; (B) is harmful to children in any manner; (C) constitutes phishing, pharming or impersonates any other person or entity, or steals or assumes any person’s identity (whether a real identity or online nickname or alias); or (D) violates any applicable law, ordinance, rule, regulation or treaty.
Without limiting the foregoing, you agree that you will not use the Service for any other unlawful, prohibited, abnormal or unusual activity as determined by Berrong for State Senate 2018 in its sole discretion.
Further, by registering for a Berrong for State Senate 2018 Merchant account, you also confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
Cash, stored value, or virtual currency services;
Gambling activities, including lotteries, casino gaming, and fantasy sports;
Illegal activity, including illicit drugs, counterfeit goods, and deceptive practices;
Payment aggregation services; or
Pornography or other adult related content, products, or services;
6.5 No Data Mining or Harmful Code
You agree that you will not (a) obtain or attempt to obtain any information from the Service including, without limitation, email addresses or mobile phone numbers of other Donating Users or Recipients or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan horse, trap door, time bomb or any other codes, instructions or third party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Service.
6.6 Violation of the Terms
You acknowledge and agree that you are solely responsible, and Berrong for State Senate 2018 has no responsibility or liability to you or any other person or entity, for any breach by you of the Terms or for the consequences of any such breach. Berrong for State Senate 2018 may at its option, terminate its relationship with you, or may suspend your Account immediately if it determines you are using the Service contrary to the restrictions found in this Article 6 or any other terms of the Terms.
7.1 Links from the Site
The Site may contain links to websites operated by other parties. Berrong for State Senate 2018 provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of Berrong for State Senate 2018 and Berrong for State Senate 2018 is not responsible for the content available on the other websites. Such links do not imply Berrong for State Senate 2018 ‘s endorsement of information or material on any other website and Berrong for State Senate 2018 disclaims all liability with regard to your access to and use of such linked websites.
7.2 Links to the Site
Unless otherwise set forth in a written agreement between you and Berrong for State Senate 2018 , you must adhere to Berrong for State Senate 2018 ‘s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Berrong for State Senate 2018 ‘s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Berrong for State Senate 2018 ; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking website, except as permitted by Berrong for State Senate 2018 for purposes of embedding a campaign form onto a Recipient’s website. Berrong for State Senate 2018 reserves the right to revoke its consent to the link at any time and in its sole discretion.
8. Intellectual Property
The Berrong for State Senate 2018 name and logo are trademarks and service marks of Berrong for State Senate 2018. Unless permitted in a separate written agreement with Berrong for State Senate 2018, you do not have the right to use any of Berrong for State Senate 2018 ‘s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal and state trademark laws.
You acknowledge and agree that Berrong for State Senate 2018, or its licensors, owns all right, title and interest in and to the Service, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Service is protected by U.S. and international copyright laws. Further, you acknowledge that the Service may contain information that Berrong for State Senate 2018 has designated as confidential and you agree not to disclose such information without Berrong for State Senate 2018 ‘s prior written consent.
We, including third party partners and our affiliates, may ask you for Feedback (as further defined below) on your experience with the Services. Berrong for State Senate 2018 shall become the owner of any reviews, comments, suggestions or other feedback regarding the Services posted to the Services or on Berrong for State Senate 2018 ‘s social media pages (collectively, “Feedback”) and it may share with any of its affiliates. Berrong for State Senate 2018 will not be required to treat any Feedback as confidential and will not be liable for any Feedback posted on the Services or elsewhere. Without limitation, Berrong for State Senate 2018 will have exclusive ownership of all present and future existing rights to the Feedback of every kind and nature everywhere and will be entitled to use the Feedback for any commercial or other purpose whatsoever, including to advertise and promote Berrong for State Senate 2018, without compensation to you or any other person sending the Feedback.
8.4 User Content
To the extent that you decide to post any content (“User Content”), including your profile information or Feedback, on the Services or on Berrong for State Senate 2018 ‘s social media pages, you agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Berrong for State Senate 2018 all of the license rights granted herein. You acknowledge that you are responsible for whatever material you submit, and you, not Berrong for State Senate 2018, have full responsibility for the Feedback, including its legality, reliability, appropriateness, originality, and copyright. Berrong for State Senate 2018 may refuse to accept or transmit User Content. Additionally, Berrong for State Senate 2018 shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your User Content. You specifically waive any “moral rights” in and to the User Content.
The Service is operated by Berrong for State Senate 2018 in the United States. If you choose to access the Service from a location outside of the United States, you do so on your own initiative and you are responsible for compliance with applicable local laws.
11. Submitted Content
11.1 Content of Communications
Berrong for State Senate 2018 is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Service or any materials submitted or made available through the Service via any function which allows a user to post or share content (“Submitted Content”). By using the Service, you agree that any content that you submit may be viewable by other users of the Service. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. Submitted Content may be protected by intellectual property rights owned by third parties. You are responsible for the content you choose to communicate and access using the Service. In particular, you are responsible for ensuring that you do not submit material that (a) is protected by copyright, contains trade secrets or otherwise is subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner; (b) is false or is a misrepresentation; (c) is offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; or (d) impersonates another person. Berrong for State Senate 2018 may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Service or its customers, or otherwise enforce the terms of the Terms. Further, Berrong for State Senate 2018 may in its sole discretion remove such content and terminate an Account if the Recipient or any authorized user submits any content that is in breach of the Terms.
Berrong for State Senate 2018 does not claim ownership of any of your Submitted Content. With respect to all of your Submitted Content, you grant Berrong for State Senate 2018 a perpetual, irrevocable, non-terminable, transferable, worldwide, royalty-free, sublicensable, fully paid-up, non-exclusive and transferable license to use, reproduce, distribute, prepare derivative works of, display, modify, copy and perform the Submitted Content or any part of the Submitted Content in connection with the Service and Berrong for State Senate 2018 ‘s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any and all media formats and through any and all media channels. You also hereby grant each user of the Service a non-exclusive license to access your Submitted Content through the Service while the Submitted Content is made available through the Service. You may take down any of your Submitted Content at any time; however, you acknowledge and agree, that Berrong for State Senate 2018 may still have access to such Submitted Content and that the above license granted by you to Berrong for State Senate 2018 will remain in effect despite your removal of the Submitted Content from the Service. You hereby represent, warrant and covenant that any Submitted Content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section 11.2.
You acknowledge and agree that: (a) by using the Service, you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (b) you are solely responsible for, and Berrong for State Senate 2018 has no responsibility to you or any third party for any Submitted Content that you create, submit, post or publish on or through the Service; (c) Berrong for State Senate 2018 does not guarantee any confidentiality with respect to your Submitted Content; and (d) Berrong for State Senate 2018 is not responsible for any Submitted Content provided by third parties that you may have access to through your use of the Service and all Submitted Content is the responsibility of the person from whom such Submitted Content originated. You acknowledge and agree that (i) Berrong for State Senate 2018 has no control over and is not responsible for the use of Submitted Content by its users, including any user that has uploaded Submitted Content to a personal device; and (ii) Berrong for State Senate 2018 may not be able to remove Submitted Content that is uploaded onto a user’s device. Berrong for State Senate 2018 does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with Submitted Content.
You acknowledge that Berrong for State Senate 2018 has the right to pre-screen your Submitted Content, but has no obligation to do so. At Berrong for State Senate 2018 ‘s sole discretion, any Submitted Content may be included in the Service in whole or in part in modified form. In addition, Berrong for State Senate 2018 and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Submitted Content that is available via the Service that violates the Terms or is otherwise objectionable including, but not limited to, being unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or violating any party’s intellectual property.
You acknowledge that your Submitted Content is your sole responsibility. You agree, under no circumstances, will Berrong for State Senate 2018 be liable in any way for any Submitted Content, including, but not limited to, any errors or omissions in any Submitted Content, or any loss or damage of any kind incurred as a result of the use or distribution of any Submitted Content transmitted or otherwise made available via the Service.
The Service is not directed toward children under 13 years of age, and Berrong for State Senate 2018 does not knowingly collect information from children under 13 or allow them to create a User or an Account or access a User or an Account. If you are under 13, please do not submit any personal information about yourself to Berrong for State Senate 2018.
13. Disclaimer of Warranties
13.1 GENERAL DISCLAIMER
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERRONG FOR STATE SENATE 2018 EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BERRONG FOR STATE SENATE 2018 MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SERVICE. BERRONG FOR STATE SENATE 2018 DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SERVICE WILL BE CORRECTED; OR (e) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEVICE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
13.2 DISCLAIMER REGARDING NO RELATIONSHIP BETWEEN BERRONG FOR STATE SENATE 2018 AND MERCHANTS OR OTHER CHARITABLE ORGANIZATIONS
Berrong for State Senate 2018 does not make any representations or guarantees regarding Merchants utilizing the Service. Use of the Services in no way represents any endorsement by Berrong for State Senate 2018 of a Merchant’s existence, legitimacy, ability, policies, practices, or beliefs. Berrong for State Senate 2018 does not have control of, or liability for, goods or services that are paid for with the Service.
A charitable organization may use Berrong for State Senate 2018 to accept payments as a Merchant. Not all charitable organizations are tax-exempt, and not all contributions to charitable organizations are tax-deductible. Charitable organizations are responsible for correctly classifying themselves and their transactions, issuing any required reports and receipts, and making any required tax or other filings. Donors are responsible for verifying the status of organizations to which they donate and reporting their donations correctly for tax and other purposes. Berrong for State Senate 2018 specifically disclaims any liability in this regard.
14. Limitation of Liability; SOLE AND EXCLUSIVE REMEDY
14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BERRONG FOR STATE SENATE 2018, AND ITS AFFILIATES, LICENSORS, PROCESSORS, SUPPLIERS, NETWORKS, BANKS, AND OTHER BUSINESS PARTNERS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:
14.1.1 ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SERVICE, EVEN IF BERRONG FOR STATE SENATE 2018 OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;
14.1.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY;
14.1.3 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICE; or
14.1.4 (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, OR ANY DELAY IN PERFORMING OUR OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF WHETHER THE FAILURE OR DELAY IS CAUSED BY AN EVENT OR CONDITION BEYOND OUR CONTROL; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
14.2 WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF BERRONG FOR STATE SENATE 2018 OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT OF FEES EARNED BY BERRONG FOR STATE SENATE 2018 IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Berrong for State Senate 2018 and the Related Parties shall be limited to the fullest extent permitted by law.
You agree to defend, indemnify and hold Berrong for State Senate 2018 and the Related Parties harmless from and against any and all claims, demands, liabilities damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of (a) your use of the Service; or (b) your breach of the Terms or any other policies that Berrong for State Senate 2018 may issue for the Service from time to time.
16. Governing Law; Jurisdiction
The Terms is governed by Oklahoma law and/or applicable federal law (including the Federal Arbitration Act), without regard to conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You and Berrong for State Senate 2018 agree that, except as otherwise provided in Article 17 below, the state and federal courts located in Weatherford, Oklahoma will have exclusive jurisdiction of all disputes arising out of or related to the Terms or your use of the Service and agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, Berrong for State Senate 2018 shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
17. Binding Arbitration
It is Berrong for State Senate 2018 ‘s goal that the Service meets your expectations and lives up to our promises to you. However, there may be instances when you feel that Berrong for State Senate 2018 has not fulfilled its obligations or you may have a different type of problem or dispute that needs special attention. In those instances, Berrong for State Senate 2018 is committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your issue. Therefore, for any problem or dispute that you may have with Berrong for State Senate 2018, you acknowledge and agree that you will first give Berrong for State Senate 2018 an opportunity to resolve your problem or dispute. In order to initiate this dispute resolution process, you must first send us a written description of your problem or dispute within thirty (30) days of the services being performed by sending an email to:
PO Box 268
Weatherford, OK 73096
You then agree to negotiate with Berrong for State Senate 2018 in good faith about your problem or dispute for at least sixty (60) days after Berrong for State Senate 2018 ‘s receipt of your written description of it. If we cannot come to a resolution, you agree to abide by arbitration procedures below.
17.1 Arbitration Procedures
You and Berrong for State Senate 2018 agree that, except as provided in Section 17.4 below, all disputes, controversies and claims related to the Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. In the event of a conflict between the terms set forth in this Article 17, the terms in this Article 17 will control and prevail.
In the event that you or Berrong for State Senate 2018 are not able to resolve a Dispute with American Express, or a claim against Berrong for State Senate 2018 or any other entity that American Express has a right to join, Exhibit B Section 3 will apply. Except as otherwise set forth in Section 17.4, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and Berrong for State Senate 2018 will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in the Terms, (a) you and Berrong for State Senate 2018 may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
The arbitration will take place in Weatherford, Oklahoma, unless the parties agree to video, phone or internet connection appearances.
You and Berrong for State Senate 2018 agree that any arbitration shall be limited to the Claim between Berrong for State Senate 2018 and you individually. YOU AND BERRONG FOR STATE SENATE 2018 AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
17.4 Exceptions to Arbitration
You and Berrong for State Senate 2018 agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of Berrong for State Senate 2018 ‘s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
17.5 Arbitration Fees
If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Berrong for State Senate 2018 agree that if any portion of this Article 17 is found illegal or unenforceable (except any portion of Section 17.4), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section 17.4 is found to be illegal or unenforceable then neither you nor Berrong for State Senate 2018 will elect to arbitrate any Claim falling within that portion of Section 17.4 found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within New Castle County, Delaware, and you and Berrong for State Senate 2018 agree to submit to the personal jurisdiction of that court.
18.1 Terms Revisions
The Terms may only be revised in a writing signed by Berrong for State Senate 2018, or published by Berrong for State Senate 2018 on the Site.
18.2 Supplemental Terms
18.3 No Partnership
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Berrong for State Senate 2018 as a result of the Terms or your use of the Service.
Berrong for State Senate 2018 may assign its rights under the Terms to any person or entity without restriction. The rights granted to you under the Terms may not be assigned without Berrong for State Senate 2018 ‘s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
If any part of the Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
All provisions of the Terms that are reasonably necessary to accomplish or enforce the purpose of this Agreement shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
18.7 Geographic Limits of Service
The Service is controlled and operated from facilities in the United States. Berrong for State Senate 2018 makes no representation that materials contained on the Service or products described or offered on or via the Services are appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Accessing the Service is prohibited from territories where the Content is illegal. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws. You agree that you will not access the Service from any territory where the contents are illegal, and that you, and not Berrong for State Senate 2018, are responsible for compliance with applicable local laws.
18.8 Limitation on Time to Initiate a Dispute
Unless otherwise required by law, an action or proceeding by you relating to any dispute must commence within one year from the event giving rise to the cause of action.
18.9 Attorneys’ Fees
In the event any litigation or arbitration is brought by either party in connection with the Terms, except as otherwise provided in Section 17.5, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
18.10 No Waiver
Our failure to enforce any provision of the Terms shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by Berrong for State Senate 2018 of any provision, condition or requirement of the Terms shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
All notices given by you or required under the Terms shall be in writing and sent to email@example.com
18.12 U.S. Government Rights
If you are, or are entering into the Terms on behalf of, any agency or instrumentality of the United States Government, the Software is “commercial computer software” and “commercial computer software documentation,” and pursuant to FAR 12.212 or DFARS 227.7202, and their successors, as applicable.
18.13 Equitable Remedies
You acknowledge and agree that Berrong for State Senate 2018 would be irreparably damaged if the terms of the Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of the Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.
18.14 Entire Agreement
The Terms, including the documents referenced in the Terms, constitutes the entire agreement between you and Berrong for State Senate 2018 with respect to the Service and supersedes any and all prior agreements between you and Berrong for State Senate 2018 relating to the Service.
A. Merchant Responsibilities
Merchant agrees to comply, and to cause third parties acting as Merchant’s agent (“Agents”) to comply, with the Associations’ and other payment networks’ by-laws, operating regulations and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations or payment networks (collectively, “Operating Regulations”). Merchant may review the VISA, MasterCard, and Discover websites for a copy of the Visa, MasterCard and Discover regulations.
The websites are:
Without limiting the foregoing, Merchant agrees that it will fully comply with any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury’s Office of Foreign Assets Control (OFAC) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Merchant’s software providers and/or equipment providers.
B. Limited Acceptance Merchants
Merchant may elect to be a limited-acceptance merchant, which means that Merchant has elected to accept only certain Visa and MasterCard card types (i.e., consumer credit, consumer debit, and commercial cards) and must display appropriate signage to indicated the same. Acquirer has no obligation other than those expressly provided under the Operating Regulations and applicable law as they may relate to limited acceptance. Merchant, and not Acquirer, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to policing the card type(s) accepted at the point of sale.
Merchant shall only complete sales transactions produced as the direct result of bona fide sales made by Merchant to cardholders, and is expressly prohibited from presenting sales transactions which are produced as a result of sales made by any person or entity other than Merchant, or for any purposes related to any illegal or prohibited activity, including but not limited to money-laundering or financing of terrorist activities.
Merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions:
(i) the minimum transaction amount does not differentiate between card issuers;
(ii) the minimum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand; and
the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve).
Merchant may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions:
(i) Merchant is a:
a. department, agency or instrumentality of the U.S. government;
b. corporation owned or controlled by the U.S. government; or
c. Merchant whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249 – Schools, Trade or Vocational;
AND the maximum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand.
Unless otherwise agreed to in writing between Berrong for State Senate 2018 and Merchant, Berrong for State Senate 2018 does not charge fees.
D. Merchant Prohibitions
A Merchant using the Berrong for State Senate 2018 Services must not:
(i) knowingly submit, any transaction that is illegal or that the Merchant should have known was illegal, including, but not limited to: pornography, money laundering, or financing terrorist activities;
(ii) require a Cardholder to complete a postcard or similar device that includes the Cardholder’s Account Number, Card expiration date, signature, or any other Card account data in plain view when mailed;
(iii) not add any tax to Transactions, unless applicable law expressly requires that a Merchant be permitted to impose a tax. Any tax amount, if allowed, must be included in the Transaction amount and not collected separately;
(iv) request or use an Account Number for any purpose other than as payment for its goods or services;
(v) disburse funds in the form of travelers cheques, if the sole purpose is to allow the Cardholder to make a cash purchase of goods or services from that Merchant;
(vi) disburse funds in the form of cash, unless: The Merchant is dispensing funds in the form of travelers cheque, TravelMoney cards, or foreign currency. In this case, the Transaction amount is limited to the value of the travelers cheques, TravelMoney cards, or foreign currency. Plus any commission or fee charged by the Merchant., or the Merchant is participating in the cash back service;
(vii) enter into interchange any Transaction Receipt for a Transaction that was previously charged back to the Acquirer and subsequently returned to the Merchant, irrespective of Cardholder approval. The merchant may pursue payment from the customer outside the system;
(viii) accept a Visa Consumer Credit Card or Commercial Visa Product, issues by a U.S. Issuer, to collect or refinance an existing debt;
(ix) accept a Card to collect or refinance an existing debit that has been deemed uncollectable by the Merchant providing the associated goods or services; or
(x) enter into interchange a transaction that represents collection of a dishonored check.
Upon receipt of Merchant’s sales data for card transactions, Acquirer will process Merchant’s sales data to facilitate the funds transfer between the various Associations and Merchant. After Acquirer receives credit for such sales data, subject to the terms set forth herein, Acquirer will fund Merchant directly to Merchant’s designated demand deposit account (“Merchant-Owned Designated Account”) or, at Merchant’s request, to a third-party check writer’s account. Any dispute regarding amount of settlement shall be between Berrong for State Senate 2018 and Merchant. Any dispute regarding the receipt of settlement shall be between Acquirer and Merchant. Acquirer will debit the Berrong for State Senate 2018 Reserve Account for funds owed to Acquirer as a result of the Services provided hereunder, provided that Acquirer may also debit the Merchant-Owned Designated Account for funds owed to Acquirer as a result of the Services provided hereunder. Further, if a cardholder disputes a transaction, if a transaction is charged back for any reason, or if Acquirer reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction may be charged back and debited from Merchant or the Berrong for State Senate 2018 reserve account.
F. Term and Termination
This Agreement shall be binding upon Merchant upon Merchant’s acceptance (by “click through” agreement or otherwise). The term of this Agreement shall begin, and the terms of the Agreement shall be deemed accepted and binding upon Acquirer, on the date Acquirer accepts this Agreement by issuing a merchant identification number and shall be coterminous with Berrong for State Senate 2018 ‘s Terms of Service with Merchant.
Notwithstanding the foregoing, Acquirer may immediately cease providing Services and/or terminate this Agreement without notice if (i) Merchant or Berrong for State Senate 2018 fails to pay any amount to Acquirer when due, (ii) in Acquirer’s opinion, provision of a service to Merchant or Berrong for State Senate 2018 may be a violation of the Operating Regulations or any Laws, (iii) Acquirer believes that Merchant has violated or is likely to violate the Operating Regulations or the Laws, (iv) Acquirer determines Merchant poses a financial or regulatory risk to Acquirer or an Association, (v) Acquirer’s agreement with Berrong for State Senate 2018 terminates, (vi) any Association deregisters Berrong for State Senate 2018 , (vii) Acquirer ceases to be a member of the Associations or fails to have the required licenses, or (viii) Acquirer is required to do so by any of the Associations.
Further, Visa/MasterCard shall have the right to limit or terminate a Member’s agreement with any Merchant at Visa/MasterCard’s sole discretion.
G. Limits of Liability
Merchant agrees to provide Acquirer, via a communication with Berrong for State Senate 2018, with written notice of any alleged beach by Acquirer of this Agreement, which notice will specifically detail such alleged breach, within thirty (30) days of the date on which the alleged breach first occurred. Failure to so provide notice shall be deemed an acceptance by Merchant and a waiver of any and all rights to dispute such breach.
EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, ACQUIRER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Merchant’s sole and exclusive remedy for any and all claims against Acquirer arising out of or in any way related to the transactions contemplated herein shall be termination of this Agreement. In the event that Merchant has any claim arising in connection with the Services, rights, and/or obligations defined in this Agreement, Merchant shall proceed against Berrong for State Senate 2018 and not Acquirer, unless otherwise specifically set forth in the Operating Regulations. In no event shall Acquirer have any liability to Merchant with respect to this Agreement or the Services. Merchant acknowledges Acquirer is only providing this Agreement to assist in Berrong for State Senate 2018 ‘s processing relationship with Merchant, that Acquirer is not liable for any action or failure to act by Berrong for State Senate 2018, and that Acquirer shall have no liability whatsoever in connection with any products or services provided to Merchant by Berrong for State Senate 2018. If Berrong for State Senate 2018 is unable to provide its services to Merchant in connection with this Agreement and Acquirer elects to provide those services, directly, Merchant acknowledges and agrees that the provisions of this Agreement will no longer apply and the terms of Acquirer’s then current Bank Card Merchant Agreement, which would be provided to Merchant, will govern Acquirer’s relationship with Merchant. If Berrong for State Senate 2018 subsequently provides its services to Merchant in connection with this Agreement, Acquirer will cease to provide such services after receipt of notice from Berrong for State Senate 2018 and this Agreement will govern Acquirer’s relationship with Merchant.
This Agreement is entered into, governed by, and construed pursuant to the laws of the State of Oklahoma without regard to conflicts of law provisions. This Agreement may not be assigned by Merchant without the prior written consent of Acquirer. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement is for the benefit of, and may be enforced only by, Acquirer and Merchant and is not for the benefit of, and may not be enforced by, any other party. Acquirer may amend this Agreement upon notice to Merchant in accordance with Acquirer’s standard operating procedure. If any provision of this Agreement is determined to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if such provision is not contained in the Agreement. “Member Bank” as used in this Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Agreement.
I. Acceptance of American Express
In the event Merchant accepts American Express, the following terms shall apply: The following will only apply to Merchant’s participation in the American Express Program and need to be included in the agreement between the Payment Facilitator and Merchant: Capitalized terms in this Section are defined in the American Express Merchant Requirements.
(i) Merchant hereby authorizes Berrong for State Senate 2018 to submit transactions to, and receive settlement from, American Express on behalf of Merchant. If Merchant is placed in the American Express Program, Merchant shall be responsible for complying with the provisions set forth in Exhibit B attached hereto and Merchant Requirements.
(ii) Acquirer may disclose Transaction Data, Merchant Data, and other information about Merchant to American Express; and American Express may use such information to perform its responsibilities in connection with the Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purposes, including marketing purposes within the parameters of the Agreement. American Express may use the information from the Agreement at the time of setup to screen and/or monitor Merchant in connection with Card marketing and administrative purposes.
(iii) Merchant may be converted from the American Express Program to a direct Card acceptance relationship with American Express if and when Merchant has either (i) greater than $1,000,000 in Charge Volume in a rolling twelve (12) month prior or (ii) greater than $1,000,000 in Charge Volume in any three (3) consecutive months (hereinafter “High CV Merchant”). Upon conversion, (i) Merchant will be bound by American Express’ then-current Card Acceptance Agreement; and (ii) American Express will set pricing and other fees payable by Merchant for Card acceptance.
(iv) Merchant shall not assign to any third party any payments due to it under the Agreements, and all indebtedness arising from Charges will be for bona fide sales of goods and services (or both) at its Establishments and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that Merchant may sell and assign future Transaction receivables to Acquirer, its affiliated entities and/or any other cash advance funding source that partners with Acquirer or its affiliated entities, without consent of American Express.
(v) Third-party beneficiary rights may be conferred to American Express, but not obligations to Merchant Processing Agreement, providing American Express the ability to enforce the terms of the Agreement against Merchant in association with the American Express Program only.
(vi) Merchant may elect to opt out of accepting American Express Cards at any time without directly or indirectly affecting its rights to accept other payment products by notifying Acquirer.
(vii) Berrong for State Senate 2018 may terminate Merchant’s right to accept American Express Cards if it breaches any of the provisions in this Section or Exhibit B.
(viii) Acquirer has the right to immediately terminate a Merchant from the American Express Program for cause, fraudulent or other activity, or upon American Express’ request.
(ix) Merchant may not bill or collect from any American Express cardholder for any purchase or payment on the Card unless Chargeback has been exercised, Merchant has fully paid for such Charge, and it otherwise has the right to do so.
(x) Upon termination of the Agreement or termination of Merchant’s participation in the Program, Merchant must remove any and all American Express Licensed Marks from Merchant’s Website and wherever else the American Express Marks are displayed.
Exhibit B – AMERICAN EXPRESS PROGRAM GENERAL MERCHANT REQUIREMENTS
A. Card Acceptance
Merchant must accept the Card as payment for charitable contributions made, at all of its Establishments, except as expressly permitted by state statute. Merchant is jointly and severally liable for the obligations of Merchant’s Establishments under the Agreement.
B. Treatment of the American Express Brand
Except as expressly permitted by Applicable Law, Merchant must not:
indicate or imply that it prefers, directly or indirectly, any Other Payment Products over the Card,
try to dissuade Card Members from using the Card,
criticize or mischaracterize the Card or any of American Express’ services or programs,
try to persuade or prompt Card Members to use any Other Payment Products or any other method of payment (e.g., payment by check),
impose any restrictions, conditions, disadvantages or fees when the Card is accepted that are not imposed equally on all Other Payment Products, except for electronic funds transfer, or cash and check,
suggest or require Card Members to waive their right to dispute any Transaction,
engage in activities that harm the American Express business or the American Express Brand (or both),
promote any Other Payment Products (except Merchant’s own private label card that Merchant issues for use solely at Merchant’s Establishments) more actively than Merchant promote the Card, or
convert the currency of the original sale Transaction to another currency when requesting Authorization or submitting Transactions (or both).
Merchant may offer discounts or in-kind incentives from Merchant’s regular prices for payments in cash, ACH funds transfer, check, debit card or credit/charge card, provided that (to the extent required by Applicable Law): (i) Merchant clearly and conspicuously disclose the terms of the discount or in-kind incentive to Merchant’s customers, (ii) the discount or in-kind incentive is offered to all of Merchant’s prospective customers, and (iii) the discount or in-kind incentive does not differentiate on the basis of the issuer or, except as expressly permitted by applicable state statute, payment card network (e.g., Visa, MasterCard, Discover, JCB, American Express). The offering of discounts or in-kind incentives in compliance with the terms of this paragraph will not constitute a violation of the provisions set forth above in this Section B, “Treatment of the American Express Brand”.
C. Treatment of the American Express Marks
Whenever payment methods are communicated to customers, or when customers ask what payments are accepted, Merchant must indicate Merchant’s acceptance of the Card and display our Marks (including any Card application forms provided to Merchant) as prominently and in the same manner as any Other Payment Products. Merchant must not use the American Express Marks in any way that injures or diminishes the goodwill associated with the Mark, nor (without prior written consent from Processor) indicate that American Express endorse Merchant’s goods or services. Merchant shall only use the American Express Marks as permitted by the Agreement and shall cease using our Marks upon termination of the Agreement.
D. Treatment of American Express Card Member Information
Any and all Card Member Information is confidential and the sole property of the Issuer, American Express or its Affiliates. Except as otherwise specified, Merchant must not disclose Card Member Information, nor use nor store it, other than to facilitate Transactions at Merchant’s Establishments in accordance with the Agreement.
E. ARBITRATION AGREEMENT (as to Claims involving American Express).
In the event that Merchant or Processor is not able to resolve a Claim against American Express, or a claim against Processor or any other entity that American Express has a right to join, this section explains how Claims may be resolved through arbitration. Merchant or American Express may elect to resolve any Claim by binding individual arbitration. Claims will be decided by a neutral arbitrator.
If arbitration is elected by any party, neither Merchant nor Processor nor American Express will have the right to litigate or have a jury trial on that Claim in court. Further, Merchant, Processor, and American Express will not have the right to participate in a class action or in a representative capacity or in a group of persons alleged to be similarly situated pertaining to any Claim subject to arbitration under this Agreement. Arbitration procedures are generally simpler than the rules in court. An arbitrator’s decisions are final and binding, and the arbitrator’s final decision on a Claim generally is enforceable as a court order with very limited review by a court. Other rights Merchant, Processor, or American Express would have in court may also not be available in arbitration.