Effective august 8, 2013
Welcome to www.esqpayment.com. This Site is designed for Esquire Payment Solutions business associates and partners. If you are a current, former or prospective ESQ cardholder, please go to our cardholder website located at https://myesqcard.com.
THE INFORMATION, CONTENT AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, LINKS, TOOLS AND OTHER RESOURCES, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON THE SITE, INCLUDING WITHOUT LIMITATION USER-GENERATED CONTECT (AS DEFINED BELOW), WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHERMORE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THORUGH OR OTHERWISE RELATED IN ANY WAY TO THE SITE, INCLUDING WITHOUT LIMITATION, USER-GENERATED CONTENT, NOR WITH RESPECT TO ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW.
You hereby irrevocably waive any claim against us with respect to information, content and materials contained on the Site, including without limitation, user-generated content.
4. OWNERSHIP OF CONTENT.
The Site and the content accessible through the Site, and all intellectual property rights included in or associated with the Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Site and Content remains with us. Except as may occur when a web site is downloaded to your computer in the ordinary course of accessing such web site, material from the Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights (including any trademarks or service marks) related to such content belong to the respective third parties. In all events, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or in the Content.
5. THIRD PARTY CONTENT AND LINKS.
We expressly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site, or any third-party information, content or materials contained on the Site, including without limitation user generated content. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site.
We do not make any representations or warranties as to the security of any information, content or materials (including without limitation credit card and other personal information) you might be requested to give to any third party on or through any such third-party website, all of which will be governed by the applicable terms and conditions of use, privacy policies and other relevant agreements governing the use of such third-party website. You hereby irrevocably waive any claim against us with respect to information content and materials contained on any third-party sites, and any liability arising from or in connection with information, content or materials provided by you to such third-party sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING FOR OR THROUGH YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT, DIRECTLY OR INDIRECTLY, FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, MATERIALS OR FUNCTIONS ON THE SITE, OR (B) THE CONDUCT OR ACTION, WHETHER ONLINE OR OFFLINE, OF ANY USED OF THIS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FORGOING ENTITITES’ RESPECTIVE SERVICE PROVIDERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, ACTS OF TERRORISM, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FORGOING ENTITIES’ RESPECTIVE SERVICE PROVIDERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY COMPATIBILITY BETWEEN THE SITE AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE SITE IN AN ACCURATE OR TIMELY MANNER.
7. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Site or to surreptitiously intercept or expropriate any system, data or personal information from the Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique. You agree not to use the Site or any material contained on the Site: (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law, including intellectual property law; (b) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (c) to interfere with or disrupt any other websites, servers or networks connected to the Site.
8. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes and regulations regarding: (i) use of the Site and receipt and use of the Services and (ii) release of information to and retrieval of information from the Site.
12. GOVERNING LAW; VENUE AND JURISDICTION.