PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING ONTIMEPOINT.
In this document: “Us”, “Our,” and “We” means ISO Amp, LLC and “You” and “Your” means you, the user.
By using ISO Amp™, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, please refrain from using ISO Amp™ and delete it from any of your devices.
ISO Amp, LLC, the developer of ISO Amp may revise and update these Terms and Conditions at any time. Your continued usage of ISO Amp will mean you accept those changes.
ISO Amp operates a suite of, software (the “Software”), products, and services (collectively the “Services”) that provide automated payment processing statement analyses and training and marketing campaigns for financial institutions and independent sales organizations. These services may be delivered via our website, apps, or third-party applications, such as Zoom.
We are committed to protecting the privacy of children. You should be aware that none of the ISO Amp services are not intended or designed to attract or be used by children under the age of 13.
Subject to all terms and conditions of this Agreement, ISO Amp grants to you the right and license to, during the period which you are a subscriber to the Services (the “Subscription Term”), access and use the ISO Amp Services to which you subscribe. During the Subscription Term, ISO Amp grants to you a worldwide, non-exclusive, non-sub-licensable right and license to use the Software that is part of your subscription during the Subscription Term. The Software is protected by the copyright laws in the United States as well as those under foreign and international law.
You may not use the Services in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party, or that violates any applicable local, state, or federal laws or regulations. You may not use such proprietary content, information or materials in any way whatsoever, except for the permitted uses, unless written permission is provided by an authorized ISO Amp, LLC representative.
You may only permit parties authorized pursuant to the purchased plan to use the Services. Use of the Services by unauthorized parties is strictly prohibited, and if you provide access to the Services to such unauthorized third parties, ISO Amp may terminate your subscription without notice or refund.
You may not (and must not allow any third party to: (i) rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the Services to a third party except those authorized in your subscription plan; (ii) incorporate the Services (or any portion of them) with, or use it with or to provide, any site, product, or service, other than as specifically permitted herein; (iii) modify or create a derivative work of the Services or any portion of them; (iv) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to the Software, except to the extent expressly permitted by applicable law and then only with advance notice to ISO Amp LLC; (v) break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the Services; or (vi) access the Services for the purpose of building a competitive product or service or copying their features or user interface.
All Rights, Title, and Interest to the Services remains with ISO Amp, LLC or its licensors. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to ISO Amp, LLC and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Services automatically terminates.
ISO Amp, LLC has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. It is your sole responsibility to: (1) control the dissemination and use of sign-in credentials; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us if you believe your sign in credentials have been compromised or if there is any other reason you need to deactivate a password. We cannot and do not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using ISO Amp, LLC’s tools and services.
The use of the Services and any Software is at your own risk.
When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of ISO Amp, LLC and its partners. Accordingly, ISO Amp, LLC assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
The Services are provided on an "as-is" basis. ISO AMP, LLC, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, ISO Amp, LLC, its licensors, and its suppliers make no representations or warranties whatsoever in regard to the Services.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ISO AMP, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, INTERRUPTION OF BUSINESS, LOST PROFITS, COSTS OF DELAY, REPUTATIONAL HARM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF THESE DAMAGES. ISO AMP, LLC’S AND ITS SUPPLIERS’ TOTAL LIABILITY WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY PAID OR PAYABLE BY CUSTOMER TO ISO AMP, LLC FOR THE APPLICABLE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
You agree to pay all fees as specified in the order form submitted to ISO Amp, LLC. Our advertised fees are exclusive of all taxes and you must pay any applicable sales, use, VAT, GST, excise, withholding or other similar taxes or levies as required by all appropriate taxing jurisdictions. You will make tax payments to us to the extent the amounts are appropriately included in our invoices. ISO Amp, LLC does not warrant that it has accounted for all such levies in its invoices, and failure to so include such levies does not alleviate your obligation to pay them.
Late payments may be subject to a service charge equal to the lesser of 1.5% per month or the maximum amount allowed by law.
Any personal information you submit to ISO Amp, LLC is governed by the ISO Amp Privacy Policy. To the extent there is an inconsistency between this Agreement and the ISO Amp Privacy Policy, this Agreement shall govern.
This Agreement is effective during the Subscription Term for the Services has expired or is terminated pursuant to this Agreement or under applicable law.
ISO Amp, LLC may suspend your access to the Services if your account is overdue or for any material breach of this Agreement.
Either party may terminate this Agreement, including any related order, if the other party (i) fails to cure any material breach of this Agreement (including a failure to pay fees) within thirty (30) days after written notice detailing the breach; (ii) ceases operation without a successor; or (iii) the other party seeks protection under any bankruptcy or receivership law; (iv) the other party has an involuntary bankruptcy petition filed against it or is placed into a receivership which is not dismissed within sixty (60) days; or (v) the other party makes a general assignment for the benefit of creditors.
Upon the expiration or termination of this Agreement, your rights to use the Services and any license rights thereunder terminate. You shall delete any Software on any computer or device. Your right to access any of your data in the Services shall cease, and ISO Amp, LLC may delete such data after 30 days from the date of termination.
Each party (as the receiving party) must: (i) hold in confidence and not disclose the other party’s Confidential Information to third parties except as permitted by this Agreement; and (ii) only use the other party’s Confidential Information to fulfill its obligations and exercise its rights under this Agreement. Each party may share the other party’s Confidential Information with its, and its Affiliates’, employees, agents or contractors having a legitimate need to know, provided that the party remains responsible for any recipient’s compliance with the terms of this Section and that these recipients are bound to confidentiality obligations no less protective than this Section.
These confidentiality obligations do not apply to (and Confidential Information does not include) information that: (i) is or becomes public knowledge through no fault of the receiving party; (ii) was known by the receiving party before it received the Confidential Information; (iii) is rightfully obtained by the receiving party from a third party without breach of any confidentiality obligation; or (iv) is independently developed by the receiving party without using the disclosing party’s Confidential Information. A party may also disclose the other party’s Confidential Information to the extent required by law or court order, provided it gives advanced notice (if permitted by law) and cooperates in any effort by the other party to obtain confidential treatment for the information.
The parties acknowledge that disclosing Confidential Information may cause substantial harm for which damages alone may be an insufficient remedy, and so on breach of this Section, each party is entitled to seek appropriate equitable relief in addition to any other remedies it may have at law.
You agree to defend, indemnify, and hold ISO Amp, LLC, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from: (a) your use of the Services, (b) any user content you post or upload, (c) your use of or reliance on any user content, (d) any liability arising out of your violation of any applicable law including but not limited to those detailed above; or (e) your violation of these Terms and Conditions.
ISO Amp, LLC is based in Hollidaysburg, Pennsylvania in the United States of America. ISO Amp, LLC makes no claims that the Services are appropriate or may be downloaded outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Confidentiality, Liability, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with ISO Amp, LLC, or in any way relating to your use of the Services, resides in the courts of the Commonwealth of Pennsylvania and you further agree and expressly consent to the exercise of personal jurisdiction in the Court of Common Pleas of Blair County, Pennsylvania, or the United States District Court for the Western District of Pennsylvania, Johnstown Division in connection with any such dispute including any claim involving ISO Amp, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
The substantially prevailing party in any action to enforce this Agreement will be entitled to recover its reasonable attorneys’ fees and costs for the action.
These Terms and Conditions and the ISO Amp, LLC Privacy Policy constitute the entire agreement between you and ISO Amp, LLC with respect to the use of the Services
