This website (www.iatspayments.com, or any replacement site, the “Site”) is operated by IATS, LLC (or “IATS,” and also referred to below as “we” or “us”) to provide you with information about us, our products and services, your account with us, and our industry. All access to and use of the Site is governed by and subject to these terms and conditions of use (these “Terms”) and, if you have entered into a separate agreement with us to utilize our services, as further described below, the terms of that separate agreement (a “Merchant Agreement”). Please read these Terms carefully and thoroughly. By accessing and using the Site, you agree that you have read and understand these Terms and that you accept and agree to be bound by these Terms. If you do not agree to these Terms, please do not continue to access and use the Site.
Changes to These Terms
We may update and amend these Terms from time to time, as necessary and appropriate. For example, we may from time to time incorporate additional terms specific to additional features, materials, products, opportunities, or services that we may make available on or through the Site. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of these Terms or other notice on the Site. You should view these Terms often to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. We expressly reserve the right to make any changes to these Terms, or to the Site and its content, at any time, without prior notice to you.
If you wish to utilize the financial transaction processing services (or any other services) that IATS makes available on or through the Site (the “Services”), you must enter into a Merchant Agreement with us. We may, from time to time, post a sample Merchant Agreement on the Site for review. If at any given time a Merchant Agreement is in force and effect between us, the terms of that Merchant Agreement govern your use and our provision of the Services, as well as any information and transactions that you submit to us, or that we process on your behalf, in connection with the Services. If there is a conflict or inconsistency of these Terms with the terms of a Merchant Agreement that you have executed with us, the terms of the Merchant Agreement shall govern and control.
Use of the Site
In these Terms, “you” refers to an individual accessing the Site, regardless of the particular pages or features of the Site that are visited or utilized. To the extent applicable, “you” also includes the corporation or other legal entity (the “Merchant”), if any, on whose behalf an individual is accessing the Site. You agree that all information that you provide to us in connection with your access to and use of the Site is, when provided, true, accurate, and complete, to the best of your knowledge, ability, and belief. We reserve the right to terminate these Terms with respect to you, or to refuse, restrict, or discontinue service or access to the Site (or any portions, components, or features of the Site) to you or any other person or entity, for any reason whatsoever, at any time, without notice or liability. Failure to comply with these Terms may, among other things, result in the immediate termination of your access to and use of the Site.
Before continuing to access and use this Site, you must obtain any required consents, authorizations, and approvals from the Merchant that you represent and from any customers, clients, donors, and other third parties who may be affected by, or may need to consent to, authorize, or approve, your access to and use of the Site or your sharing or disclosure of information in connection with the Site or our Services, whether such consents and approvals are required by law or otherwise.
IATS uses commercially reasonable measures to appropriately secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any client or Merchant identifier or other unique name or number (your “ID”) and any password that may be assigned to you by IATS, and you are fully responsible for all access and any activity that occurs through use of your ID or password. You agree to immediately notify us of any unauthorized use of your ID or password, or of any breach of Site security or of these Terms, of which you become aware. IATS is not and shall not be liable for any loss or damage arising from any unauthorized access or use of your ID and password.
We respect the intellectual property rights of others and expect you to do the same. IATS has expended substantial time, effort, and resources to create the Site and to collect and provide the features, materials, opportunities, and services that are available on or through the Site. IATS owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, databases, graphics, images, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries throughout the world, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of IATS or its licensors and content-providers.
Use of Content
IATS grants you a limited license to access and make personal use of the Site and the Content solely for legitimate purposes consistent with the reasonably inferable intended purposes of the Site and the Content. Any other access to or use of the Site or the Content constitutes a violation of these Terms. No business or professional relationship is created in connection with any provision of the Content. Except as expressly provided for in these Terms, any alteration, modification, reproduction, redistribution, retransmission, redisplay, or other use of any portion of the Site or of the Content in any other manner or for any other purpose constitutes an infringement of our intellectual property and other proprietary rights and is strictly prohibited. Other than as necessary and required to facilitate your personal use of the Site, as provided above, you may not reproduce, perform, create derivative works from, republish, upload, post, mirror, archive, retransmit, or redistribute in any way whatsoever any Content or any portion of the Site without the express, prior written permission of IATS. Use of the Content, or any portion thereof, on any other Web site or other networked computer environment is prohibited without the express, prior written permission of IATS. Accessing, using, or copying any portion of the Site or of the Content through the use of bots, spiders, Web crawlers, indexing agents, or other automated devices or mechanisms is strictly prohibited. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content. Except as expressly authorized by IATS in writing, in no event shall you reproduce, redistribute, duplicate, copy, sell, resell, or exploit for any commercial purpose, all or any portion of the Site or the Content or access to or use of the Site or the Content.
Use of Submissions
In connection with your access to and use of the Site and that of any person authorized by you to use the Site, you are responsible for compliance with all applicable laws, regulations, and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules and standards regarding online conduct and acceptable content. Specifically, among other things, you agree that by, while, or through accessing or using the Site you will not:
Restrict or inhibit any other user from using or enjoying the Site;
Misrepresent your identity or the identity of any Merchant that you represent;
Disrupt or interfere with the Site or its operation or availability, or alter or tamper with the Content;
Post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, or otherwise objectionable information of any kind, including, but not limited to, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law;
Post or transmit any information that is invasive of privacy or publicity rights or that violates or infringes in any way upon the rights of others;
Post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes, or other unsolicited commercial communication or engage in spamming, flooding, or any denial of service attack;
Post or transmit any data or information in violation of applicable law (including, but not limited to, data protection, confidentiality, and privacy laws and regulations);
Post or transmit any data or software that cannot be exported without prior written governmental authorization (including, but not limited to, certain encryption software);
Post or transmit any information or software which contains a virus, trojan horse, worm, or other disabling device or harmful component.
The above assurances and commitments by you shall survive termination of these Terms.
For your convenience, certain hyperlinks may be provided on the Site which link to other Web sites that are not under the control of IATS. IATS does not endorse or sponsor such other Web sites or companies and is not responsible for the availability, accuracy, content, or any other aspect of such other Web sites. IATS disclaims all liability for such other Web sites, for all access to and use thereof, and for use of the links to such other Web sites. IATS also disclaims all liability, and makes no representations or warranties, with respect to any products or services made available, sold, or provided to you or others by any third party. Your use of other Web sites, and the offer or purchase of products or services on or through such other Web sites, is subject to the terms and conditions of those Web sites. You agree that you will bring no suit or claim against IATS arising from or based upon your use of, or the offer or purchase of products or services on or through, such other Web sites. Hyperlinks to other Web sites that are provided on the Site do not imply that: (a) IATS is affiliated or associated with any linked sites; (b) IATS is legally authorized to use any trademark, tradename, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of IATS.
Links to the Site
IATS grants you a limited, revocable, nontransferable, nonexclusive license to include a hyperlink on your own Web site to the home page of the Site, provided that you do not: (a) "deep link" to any other page of the Site; (b) "frame" the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content; (c) cause the hyperlink to the Site, or the Site or any Content, to be displayed in any way that is disparaging to IATS, or any entity that is part of or associated with IATS; or (d) otherwise imply or state that any type of relationship or special arrangements exist with IATS, or any entity that is part of or associated with IATS, that have not been approved in writing and in advance by IATS. You agree that you will promptly remove any hyperlink to the Site upon written request of IATS, at any time and for any reason. In no event shall you use IATS’s logo or any other trademark of IATS as a hyperlink "button," or in any other manner, without IATS’s express written consent.
Although IATS strives to make the Site, the Content, and the features, materials, opportunities, and services provided through the Site reasonably helpful, useful, reliable, and current, you understand and agree that your access to and use of the Site, the Content, and all materials, products, and services available through the Site and IATS are at your own initiative and risk. IATS does not make any promise, covenant, representation, warranty, or guarantee that you or any other user of the Site will obtain any particular or tangible result or goal through the use of the Site or any other product or service in connection with use of the Site. It is your responsibility to take appropriate precautions to ensure that any information, materials, software, or data that you access, use, download, or otherwise obtain on or through the Site and IATS are: (a) up-to-date, accurate, complete, reliable, and suitable to and appropriate for the purpose for that you, or your Merchant, may desire to use them; and (b) free of viruses and other disabling devices and destructive routines. THE SITE AND THE CONTENT, AND (SUBJECT ONLY TO THE EXPRESS PROVISIONS OF ANY MERCHANT AGREEMENT IN FORCE AND EFFECT BETWEEN YOU AND IATS) ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND IATS ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED. IATS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IATS DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE, THE CONTENT, OR (SUBJECT ONLY TO THE EXPRESS PROVISIONS OF ANY MERCHANT AGREEMENT IN FORCE AND EFFECT BETWEEN YOU AND IATS) ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH IATS ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU, OR THE MERCHANT YOU REPRESENT (IF ANY), MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH IATS ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, TO THE MERCHANT THAT YOU REPRESENT (IF ANY), OR TO ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROGUH IATS; (B) IATS’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES AND AGENTS OF EACH OF THE FOREGOING, BE LIABLE TO YOU, TO THE MERCHANT THAT YOU REPRESENT (IF ANY), OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH IATS, THE USE, COPYING, OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL OF IATS, EVEN IF IATS WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING, IF IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, IATS AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED $100.
You agree to indemnify, defend and hold IATS, and the officers, directors, employees and agents of IATS, harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys' fees), made by any third party due to or arising out of: (a) content, data, or information that you submit or transmit to or through, or post to, the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and IATS; (c) your violation of these Terms; or (d) your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
Questions Regarding The Site or these Terms
Please contact us with any questions regarding the Site or these Terms by e-mail at email@example.com or by calling IATS at 1-866-300-4287.