Last update effective June 25th, 2020
These Terms govern your current visit to a Site, not any future visit. We may modify these Terms at any time without notice to you, and such modification shall be effective immediately upon posting on a Site. As your next visit to a Site may be governed by different terms posted at this page, you should review the terms on this page each time that you visit a Site.
1. Authorized User; Your Responsibility; Use of our Site:
You affirm that you are over the age of 18. You may not access or use any Site if you are unable to form a binding, legal agreement with MSM. You assume all responsibility for your use of, or access to, the Site, including your access to any Site Content or User Content, and hereby waive all claims or causes of action against MSM, its affiliates, its licensors and their respective officers, directors, employees, agents and representatives in connection therewith.
All content on the Site, including but not limited to designs, articles, functions, text, graphics, photographs, images, video, information, materials, software, music, sound and other files, and their selection and arrangement and other content solely provided by or on behalf of MSM on any Site, [specifically excluding any User Content (as defined below) (collectively, “Site Content”)] is the sole property of MSM, as between you and MSM. The Site and all of the Site Content, and the selection and arrangement thereof, are protected under the copyright laws and other intellectual property laws of the United States and other countries. MSM reserves all rights, in and to the Site and the Site Content, which rights are not expressly granted herein. Unless otherwise noted, the MSM name and all other trademarks, service marks, trade names, logos or other designations of source displayed on the Site are the property of MSM, its affiliates, or licensors. All third-party trademarks, service marks, trade names, logos, or other designations of source are the property of their respective owners. Nothing on any Site shall be construed as granting any license or right not expressly set forth herein. Any unauthorized use of a Site or any of the Site Content will terminate the permission or license granted herein and may violate applicable law. You will not alter, adapt, or otherwise modify any part of the Site or Site Content.
3. Use of the Site:
MSM reserves the right in, its sole discretion, to restrict, in whole or in part, your use of the Site, any Site Content, any Portal, and any third-party’s User Content at any time with or without notice for any or no reason.
4. Third-party Content:
MSM may from time to time (a) link to other sites that we feel may be useful to you, and (b) post content to our Site that is supplied by third parties (collectively “Third-party Content”). Third-party Content is not under the control of MSM. MSM makes no claim or representation regarding—and accepts no responsibility for—the quality, content, nature, or reliability of Third-party Content, any services accessible by hyperlink from our Site, links contained in any Third-party Content, or any review, changes, or updates to a third-party website or for third-party websites that link to our Site. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties in the Third-party Content are those of the respective author(s) or distributor(s) and not of MSM. MSM does not guarantee the merchantability or fitness for any particular purpose of Third-party Content. When leaving our Site, you should be aware that these Terms no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data-gathering practices, of any third-party sites. Additional disclaimers and limitation of liability are noted below.
5. Proprietary Rights in Site Content:
All content on the Site, including but not limited to the Site Content, are the proprietary property of MSM with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without MSM’s prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Site Content solely for your personal use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not republish Site Content on any Internet, Intranet, or Extranet site or incorporate the information in any other database or compilation; any other use of the Site Content is strictly prohibited. Such license is subject to these Terms and does not include use of any data mining, robots, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of MSM, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by us at any time without notice and with or without cause.
6. Consent to Electronic Transactions and Disclosures:
Because you are using the Internet on the Site and Portal, it is necessary for you to consent to transact business with us online and electronically. MSM needs you to consent to our giving you certain Disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms, you agree to receive electronically all documents, communications, notices, contracts, and agreements—arising from or relating to you—regarding any funding you may request or receive.
7. Scope of Electronic Consent:
Your consent to receive Disclosures and transact business electronically.
8. Consent to Telephone Calls:
You also expressly consent to receiving servicing, collection and other calls and messages, including auto-dialed and pre-recorded message calls, and SMS messages (including text messages) from MSM or our agents, and others calling at their request or on their behalf, at any telephone numbers that you have provided or may provide in the future (including any cellular telephone numbers). Your cellular or mobile telephone provider will charge you according to the type of plan you carry.
9. Withdrawing Consent:
You may withdraw your consent to receive Disclosures electronically by contacting us at the address below. If you have already received funding, all previously agreed to terms and conditions will remain in effect, and we will send Disclosures to your verified business address provided during registration.
10. How to Contact Us regarding Electronic Disclosures:
You can contact us via email at email@example.com or by calling at 877-496-3053.
You may also reach us in writing to us at the following address:
Main Street Merchant Services, Inc.
360 Motor Parkway, Suite 200B
Hauppauge, NY 11788
MSM graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of MSM in the U.S. and/or other countries. MSM trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MSM.
13. Compliance with Laws:
You shall obey all federal, state, and local laws; regulations; and rules that apply to your activities when you use the Site. MSM reserves the right to terminate any account with respect to the Site and to prevent your use of the Site if such account is used to engage in illegal activity or to violate these Terms.
14. Digital Millennium Copyright Act Notice:
We respect copyright ownership and expect users of our Site to do so as well. It is our goal to limit or prevent access to the Site by any users who are repeat infringers of copyright. If you are a copyright owner or an agent thereof and believe any Site Content or User Content posted on the Site infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to MSM through our designated agent at the address listed below containing the following information:
1. Identification of the copyrighted work claimed to have been infringed, or—if multiple copyrighted works at a single online site are covered by a single notification—a representative list of such works at that site.
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address.
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6. A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
You acknowledge that if you fail to comply with substantially all of the above requirements of this Section, your DMCA notice may not be valid and we may not be able to remove infringing content.
Attn: Legal Dept.
Main Street Merchant Services, Inc.
360 Motor Parkway, Suite 200B
Hauppauge, NY 11788
You agree to indemnify, defend, and hold harmless MSM, its affiliates, licensors, and partners, including without limitation, MSM’s service providers and banks—and their respective officers, directors, employees, agents, and representatives—from and against all losses, expenses, damages and costs. This includes reasonable attorneys’ fees, for any claims, causes of actions, procedures or allegations arising out of or relating to any violation of these Terms, your use of the Site, Site Content, or User Content by you or any other person accessing any Site on your behalf. MSM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.
THE SITE, THE SITE CONTENT, AND THE USER CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT OR ENJOYMENT. WE MAKE NO GUARANTEE THAT THE SITE CONTENT OR USER CONTENT ON THE SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE. YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE SITE CONTENT OR USER CONTENT ON THE SITE WILL BE FREE OF INTERRUPTION, FREE OF ERRORS, OR THAT ANY OF THE SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
17. Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL MSM OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR COSTS, OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THESE TERMS, ACCESS TO, USE OF, OR THE OPERATION OF ANY SITE, ANY OF THE SITE CONTENT, OR USER CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY AND MSM’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
18. Limited Time to Bring Your Claim:
You agree that any cause of action arising out of or related to MSM, any Site, or any Site Content or User Content must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
19. Governing Law and Forum:
These Terms, and the interpretation, performance, and enforcement of your and MSM’s rights and duties, shall be construed in accordance with the laws of the State of New York, except for any conflict or choice-of-law principle thereof that would lead to the application of another jurisdiction’s laws to the rights and duties of the parties.
These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. MSM makes no representations that the Site is appropriate or available for use in locations outside of the United States of America. Those who access or use the Site from outside of the United States do so at their own volition and are responsible for compliance with local law. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction where such use would be contrary to applicable law or regulation. By offering this Site and its content, no distribution or solicitation is made by MSM to any person to use the Site or its content in any jurisdiction where the provision of this Site is prohibited by law. You shall obey all federal, state, and local laws, regulations and rules that apply to your activities when you use the Site.
21. Contacting Us:
If you have any questions or concerns about these Terms or about trademark or copyright matter, or if you wish to inquire about linking to our Site, please contact us at firstname.lastname@example.org.