This services provided within this website are controlled by this legal document which details your rights and obligations in this agreement “service agreement”. This website is hereby provided to you by either your processing vendor, credit card processor, bank, qualified security assessor (qsa), or other vendor for such services (hereafter “service provider”). By visiting this website you hereby agree to be bound by the terms and conditions of this service agreement. If you do not agree, please do not use or access our website. The pci website and related services are offered to you conditioned upon your acceptance without modification of these terms of service. From time to time, it may be necessary for provider to update or revise certain provisions of the terms of this service agreement. By using this website or by accepting this service agreement via use of the website, you agree that the terms of this service agreement may change without specific notice to you. If you don't agree to the changes proposed or as defined on the website, or to any terms in this service agreement, your only remedy is to cancel your use of the services offered under this service agreement.
This website and associated web pages operates for purposes of these terms of this service agreement, will be referred to as the 'pci website(s)'. this service (the 'service') offers you access to the pci websites, which provides you access to a collection of resources, including, but not limited to, services to allow you to address pci issues, other related goods, other related services, software programs, and downloadable services. the service offers you access in exchange for your agreement to accept and comply with the terms, conditions, policies and notices stated here and as may be modified from time-to-time without notice to you. notwithstanding the foregoing, provider reserves the right to reject any registration for service for any reason. unless explicitly stated otherwise, any new features or products that change, augment or enhance the current service shall be subject to this service agreement. the services are designed and provided to you only for use as a tool to help you complete your pci dss compliance process. as such, you understand and agree that.
You promise that you will not use the pci website or the service in whole or in part, for any purpose that is unlawful or prohibited by this service agreement. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the pci website. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the service in any manner that could damage, disable, overburden, or impair the pci website or interfere with any other party's use and enjoyment of the pci website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the pci website. Except with the written permission of the provider, you agree that you will not access or attempt to access password protected, secure or non-public areas of the website. Unauthorized individuals attempting to access prohibited areas of the website may be subject to prosecution.
In order for you to participate in the service, you will be required to provide specific information about yourself and/or your business. If you choose to participate, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You agree and acknowledge that data from the registration process is used to send you information about the service, including, but not limited to, the use of your email address for updates, alerts for upcoming compliance steps requiring your attention, newsletters and/or other necessary communications. For more information, review the pci privacy policy that is part of this agreement. A hyperlink can be found on the footer of the website for the privacy policy.
The website may contain content and information from third party providers and/or links to their websites ('third party content'). We are not responsible for such third party content, including, without limitation, any link contained in such content, or any changes or updates to such content. We are providing third party content to you only as a convenience, and the inclusion of such content does not imply endorsement of such content or the affiliate or the provider. You may be subject to additional and/or different terms, conditions, and privacy policies when you use third party services, content, software, or sites. Provider does reserve the right to remove content that does not meet standards, however we are not responsible for any failure or delay in removing such material. We are not responsible for :
Neither party shall be liable to the other party or to any other third party for any consequential, indirect, special, incidental, reliance, or exemplary damages arising out of or relating to this agreement or the service, whether foreseeable or unforeseeable, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including, but not limited to, damages for loss of data, goodwill, profits, investments, use of money, or use of facilities; interruption in use or availability of data; stoppage of other work or impairment of other assets; or labor claims), even if such party has been advised of the possibility of such damages. Under no circumstances shall provider’s total liability to you or any third party arising out of or related to this agreement exceed the amounts paid by you under this agreement to a maximum of one thousand dollars ($1,000.00) regardless of whether any action or claim is based on warranty, contract, tort or otherwise.
In order for you to participate in the service, you will be required to provide specific information about yourself and/or your business. If you choose to participate, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You agree and acknowledge that data from the registration process is used to send you information about the service, including, but not limited to, the use of your email address for updates, alerts for upcoming compliance steps requiring your attention, newsletters and/or other necessary communications. For more information, review the pci privacy policy that is part of this agreement. A hyperlink can be found on the footer of the website for the privacy policy.
You agree to indemnify, defend, and hold harmless provider, its employees, members, directors, managers, officers or agents from and against any loss, liability, damage, penalty or expense (including attorneys' fees, expert witness fees and cost of defense) they may suffer or incur as a result of
All materials on the website (as well as the organization and layout of the website) are owned and copyrighted or licensed by and to the provider, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the pci website is permitted without the written permission of provider. Any rights not expressly granted herein are reserved.
'intellectual property' means all of the following owned by a party:
Provider reserves the right at anytime and from time to time to modify, discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that provider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
'Either you or provider may terminate or cancel the service at any time. You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with provider. This includes, but is not limited to, any dispute related to, or arising out of:
If any provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable for any reason, the remaining provisions not so declared shall nevertheless continue in full force and effect, but shall be construed in a manner so as to effectuate the intent of this agreement as a whole, notwithstanding such stricken provision or provisions. No term or provision of this agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Any consent by any party to, or waiver of, a breach by the other party, whether express or implied, shall not constitute consent to, waiver of, or excuse for any different or subsequent breach. You may not assign this agreement without the written consent of provider. Provider may assign this agreement in its sole discretion without the written consent of you. The section headings contained in this agreement are for convenient reference only, and shall not in any way affect the meaning or interpretation of this agreement. This agreement, including all schedules, exhibits and attachments thereto, sets forth the entire agreement and understanding of the parties hereto in respect of the subject matter contained herein, and supersedes all prior agreements, promises, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, partner, employee or representative of any party hereto. This agreement shall be binding upon and shall inure only to the benefit of the parties hereto and their respective successors and assigns. Nothing in this agreement, express or implied, is intended to confer or shall be deemed to confer upon any persons or entities not parties to this agreement, any rights or remedies under or by reason of this agreement. This agreement shall be governed by and construed in accordance with the laws of the state of colorado (irrespective of its choice of law principles). The parties hereby agree that any suit to enforce any provision of this agreement or arising out of or based upon this agreement or the business relationship between the parties hereto shall be brought in federal or state court in colorado. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party. Each party hereby submits to the exclusive personal jurisdiction and venue of such courts. Each party hereby agrees that such courts shall have exclusive personal jurisdiction and venue with respect to such party. Each party hereby submits to the exclusive personal jurisdiction and venue of such courts. Should suit be brought to enforce or interpret any part of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, including expert witness fees and fees on any appeal.
