Terms of Use

Real Time Payments Payment Center Terms of Use

Acceptance of the Terms of Service

BY ACCESSING THE PLATFORM LOCATED AT HTTPS://EXTAOA.QPAY123.COM, HTTPS://PAYMENTCENTER.QPAY123.COM OR ANY RELATED WEB PAGES(COLLECTIVELY REFERRED TO AS THE “PLATFORM”), PRINTING OR DOWNLOADING MATERIALS FROM THE PLATFORM, OR OTHERWISE USING THE PLATFORM, YOU (“YOU”, “YOUR” OR “USER”) AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, AS THE SAME MAY BE AMENDED OR MODIFIED FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”).

THIS PLATFORM IS INTENDED TO BE ACCESSED AND USED ONLY BY AUTHORIZED INDIVIDUALS THAT HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE THEY ARE LOCATED (EITHER 18 OR 19 YEARS OF AGE DEPENDING UPON THE JURISDICTION). YOU MAY NOT USE OR ACCESS THIS PLATFORM UNLESS YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE YOU ARE LOCATED. BY USING THIS PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH RTP AND MEET ALL OF THE FOREGOING ELIGIBILITY REQUIREMENTS. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE PLATFORM.

Please read the Terms carefully before you start to use the Platform. By using the Platform or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by the Terms and our Privacy Policy, found at HTTPS://EXTAOA.QPAY123.COM, HTTPS://PAYMENTCENTER.QPAY123.COM and incorporated herein by reference. If you do not want to agree to the Terms or the Privacy Policy, you must not access or use the Platform.

You hereby authorize Real Time Payments LLC to conduct a periodic review of your background causing a consumer and commercial report to be generated for purposes of becoming an authorized user of the Platform. You understand that the scope of the consumer and commercial report may include, but is not limited to, the following areas: verification of social security/insurance number; current and previous residences; current and previous places of business; credit history and reports. You understand that this authorization to conduct a review of your credit history as detailed above will remain in effect until you revoke said authorization in writing to RTP.

RTP maintains or arranges for the maintenance of this Platform through which you may, as an authorized representative of a merchant or other third party that has entered into an agreement with RTP to offer products or services provided by RTP or its affiliates (“Authorized Retailer”), perform the following: (i) review and update information relating to the Authorized Retailer's business, including, but not limited to, contact information, bank acct. information, information relating to the physical locations operated by the Authorized Retailer, and such other information related the Authorized Retailer's relationship with RTP and/or its affiliates as may be required by RTP from time to time; (ii) review and execute certain agreements with RTP and/or its affiliates; (iii) receive news and updates related to the Authorized Retailer's relationship with RTP and/or its affiliates, including, but not limited to, information related to the products and services provided by RTP and/or its affiliates; and (iv) such other activities as may be determined by RTP from time to time (each, an “Action”). As used herein, “RTP” means, individually and collectively, Real Time Payments LLC and its respective parents, subsidiaries, affiliates, directors, officers, employees, agents, authorized representatives, successors and assigns.

Your use of the Platform means that you (i) agree that these Terms legally bind you in the same manner that a signed, written, non-electronic contract does, (ii) agree that you have read and understood these Terms and unconditionally agree to comply with all applicable laws and regulations regarding use of this Platform, (iii) represent and warrant to RTP that you are authorized by the Authorized Retailer to access the Platform and conduct any Actions which you initiate or attempt to initiate, and (iv) agree (A) to safeguard the username and password provided to you that allows you to access the Platform, and prevent any unauthorized persons from obtaining or using such username and password, and (B) that any use of such username and password to access the Platform and initiate or attempt to initiate any Action shall constitute your authorization of such Action, and that you and the Authorized Retailer shall be responsible for each such Action.

You may not use the Platform in any manner or attempt to access the Platform if you are not willing to be bound and abide by these Terms. Your continued use of the Platform also means that you represent and warrant to RTP that you are able to enter into legally binding contracts. Your use of certain content and features offered through the Platform may be subject to additional terms and conditions. By using such content and features, you also agree to be bound by such additional terms and conditions. You acknowledge and agree that in the event of any conflict between these Terms and any provision of any agreement between you or the Authorized Retailer and RTP, these Terms shall govern with respect to the subject matter contained herein.

Changes to the Platform. RTP reserves the right to change or modify these Terms or modify or discontinue any portion of the features and functionality provided through the Platform, at any time in its sole discretion. Upon any change to the Terms, you will be prompted at your first login to the Platform following the change to review and accept the revised Terms. Your continued use of the Platform following any amendments will constitute agreement to such amendments. RTP will not be bound by any message or material received from you at variance with these Terms, including amendments. RTP reserves the right to modify or temporarily discontinue your access to the Platform or parts thereof, with or without notice to you. You agree that RTP shall not be liable to you or any third party for any modification of the Platform, these Terms, or your access to the Platform.

Accessing the Platform and Account Security

To access and use the Platform, you must at, at your expense: (a) provide for your own access to the Internet and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the Internet, including without limitation a computer and modem or broadband Internet connection.

RTP reserves the right to withdraw this Platform, and any service or material RTP provides on the Platform, in RTP’s sole discretion without notice. RTP will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, RTP may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Platform.
• Ensuring that all persons who access the Platform through your internet connection are aware of the Terms and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by RTP’s Privacy Policy and you consent to all actions RTP takes with respect to your information consistent with RTP’s Privacy Policy.

If you choose or are provided with a username, password, or any other piece of information as part of RTP’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password, or other security information. You agree to notify RTP immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

RTP has the right to disable any username, password, or other identifier, whether chosen by you or provided by RTP, at any time in RTP’s sole discretion for any or no reason, including if, in RTP’s opinion, you have violated any provision of the Terms.

Intellectual Property

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by RTP, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

TThe Terms permit you to use the Platform for your internal business purposes use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If RTP provides desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by RTP’s end user license agreement for such applications.
If RTP provides social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Platform.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Platform or any materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this Section, please address your request to: RTPCompliance@rt2.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms your right to use the Platform will stop immediately and you must, at RTP’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by RTP. Any use of the Platform not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark, and other laws.

Use of the Platform and Materials.

The contents of the Platform, including all information, product and service names, slogans, company names, terms, all related names, data, graphics, images, logos, editorial content, and software (“Materials”) referenced on the Platform are protected under United States and foreign copyright laws, patent laws, trademark laws, and other intellectual property laws and treaties. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.
RTP grants you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the Platform solely to view the Materials for informational purposes or to perform Actions. Any other use of the Materials or the Platform is expressly prohibited. All other rights in the Materials and the Platform are reserved by RTP and its licensors. RTP reserves all rights in the Platform and you agree that these Terms do not grant you any rights in or licenses to the Platform or the Materials, except for this express, limited license.
RTP reserves the right to modify or to discontinue any and all Materials or any portion or attribute thereof, or the ability to conduct one or more types of Actions, with or without notice to you. RTP shall not be liable to you in the event that RTP exercises its rights under this provision of the Terms or in the event that the Platform becomes unavailable or inaccessible for any reason.
You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Materials or any other part of the Platform or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Platform (or any part of the Platform) as part of any other Platform or any other work of authorship without RTP's prior written permission. If you violate any of these Terms, your permission to access and use the Platform may be immediately terminated in RTP's sole discretion. In addition, RTP reserves the right to all remedies available at law and in equity for any such violation.
Copyright Infringement. If you believe that any Submissions violate your copyright, please send us a notice of copyright infringement to: RTPCompliance@rt2.com. It is the policy of RTP to terminate the user accounts of repeat infringers.

Prohibited Uses

As a condition of your use of the Platform, you represent and warrant that you shall not use the Platform for any purpose that is unlawful or otherwise prohibited by these Terms. You will not submit any false, misleading or inaccurate information to RTP, whether by e-mail, phone, mail, the Platform or otherwise. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Platform. By way of example, and not as a limitation, you will not use the Platform:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Terms set out in the Content Standards Section.
To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate RTP, an RTP employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by RTP, may harm RTP or users of the Platform or expose them to liability.
To defame, abuse, harass, stalk, threaten, or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity, and intellectual property) of others;
To publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortuous, indecent, immoral or otherwise objectionable material or information;
To harvest or otherwise collect information from the Platform about others, including without limitation email addresses, without proper consent;
To otherwise attempt to gain unauthorized access to the Platform, other accounts, computer systems or networks connected to the Platform, through password mining or any other means; or
To interfere with another individual's or entity's access to or use of the Platform, including their ability to engage in real-time activities through the Platform.

Additionally, you agree not to:

Use the Platform in any manner that could disable, overburden, damage, or impair the Platform;
Use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
Introduce, transmit, or upload any material to the Platform that contains any viruses, Trojan horses, worms, time bombs, cancelbots or other deleterious programs or material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Platform.

RTP has no obligation to monitor your use of the Platform or retain the content of any of your sessions on the Platform. However, RTP reserves the right at all times to monitor, review, retain and/or disclose any information in connection with any agreement entered into between you and RTP or as may be necessary to satisfy any applicable law, regulation, legal process or governmental request.

Submissions.

Except for information specifically requested by RTP or with respect to certain Actions that require your secure submission of personal identifying information, or confidential or proprietary information (“Data Exclusions”), you agree you will not otherwise send any personal identifying information, confidential or proprietary information to RTP through this Platform. Other than such Data Exclusions, the Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content, communication, data, questions, comments, suggestions or Materials (collectively, “Submissions”) on or through the Platform.

All Submissions must comply with the Content Standards set out in Section 7 of the Terms. Any Submission you post to the Platform will be considered non-confidential and non-proprietary. By providing a Submission, you agree to hereby grant to RTP, RTP’s service providers, any party authorized by RTP, and each of their respective licensees, successors, and assigns (i) right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose, according to your account settings, and (ii) a non-exclusive, worldwide, perpetual, irrevocable, assignable, and transferable license to reproduce, distribute, perform or display (publicly or otherwise), create derivate works from, and otherwise use and exploit the Submissions (and to authorize others to do the same), in whole or in part and as may be edited or modified by RTP, RTP’s service providers, any party authorized by RTP, and each of their respective licensees, successors, and assigns, for any purpose whatsoever, commercial or otherwise, in any form or media now existing or hereafter devised, without obligation of any kind.

You also agree not to make any Submission that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark, or other intellectual property right or any privacy rights) or that are otherwise unlawful. You will be solely liable for (and will indemnify, defend and hold harmless RTP, RTP’s service providers, any party authorized by RTP, and each of their respective licensees, successors, and assigns from) (i) any damages arising from and relating to the Submissions or the use thereof, in whole or in part, by RTP, RTP’s service providers, any party authorized by RTP, or each of their respective licensees, successors, and assigns, and (ii) any losses resulting from the unauthorized use of the username and password provided to you or the Authorized Retailer which allows access to this Platform.

For the avoidance of doubt, and without limiting any provision hereof, you agree that as between you, the Authorized Retailer and RTP, you and the Authorized Retailer shall be solely responsible for (and will indemnify, defend and hold harmless RTP, RTP’s service providers, any party authorized by RTP, or each of their respective licensees, successors, and assigns from) any inaccuracies or fraud relating to any Action that you initiate or attempt to initiate using this Platform.

You represent and warrant that:

You own or control all rights in and to the Submissions and have the right to grant the license granted above to RTP, RTP’s service providers, any party authorized by RTP, or each of their respective licensees, successors, and assigns.
All of your Submissions do and will comply with the Terms.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not RTP, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

RTP is not responsible or liable to any third party for the content or accuracy of any Submissions posted by you or any other user of the Platform.

Monitoring and Enforcement; Termination

RTP has the right to:

Remove or refuse to post any Submissions for any or no reason in RTP’s sole discretion.
Take any action with respect to any Submission that RTP deems necessary or appropriate in RTP’s sole discretion, including if RTP believes that such Submission violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for RTP
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of the Terms.

Without limiting the foregoing, RTP has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS RTP, RTP’S SERVICE PROVIDERS, ANY PARTY AUTHORIZED BY RTP, OR EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY RTP AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER RTP AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, RTP does not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, RTP assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. RTP has no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

Content Standards.

These Content Standards apply to any and all Submissions and use of Interactive Services. Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with the Terms and our Privacy Policy.
Be likely to deceive any person
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted.

The information presented on or through the Platform is made available solely for general information purposes. Although RTP intends to provide accurate and timely information on the Platform, RTP does not warrant that the Platform (including, without limitation, the Materials) may always be entirely accurate, complete, useful or current and may also include technical inaccuracies or typographical errors. Any reliance you place on such information is strictly at your own risk. RTP disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, or reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by RTP, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of RTP. RTP is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

RTP reserves the right to make corrections, modifications, enhancements, improvements, and other changes to the information at any time without notice, including, without limitation, information regarding RTP's policies, procedures, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Platform are your sole responsibility and RTP shall have no liability for such decisions. If you need specific details about any information contained in the Platform, you should contact RTP by e-mail at rtphelpdesk@rt2.com or call 1-866-236-7733.

Use of Cookies

The Platform may use a feature of your Internet browser called a "cookie." A "cookie" is a piece of information which a web server may place on your computer when you visit a Platform. The use of cookies is to facilitate your Internet session, to maintain security and to improve the user experience. For example, RTP may use cookies to verify your identity, remember your personal settings, and to monitor your use of the Platform to improve RTP's services. If you choose not to enable cookies on your browser, you may not be able to use some of the services offered on the Platform.

Information About You and Your Visits to the Platform.

All information RTP collects on this Platform is subject to RTP’s Privacy Policy. By using the Platform, you consent to all actions taken by RTP with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through RTP’s Platform or other transactions for the sale of goods, information, or RTP’s services formed through the Platform or resulting from visits made by you are governed by the Terms. Additional terms and conditions may also apply to specific portions or features of the Platform.

Linking and the Platform.

Linking to the Platform and Social Media Features.

You may link to RTP’s homepage, provided you do so in a way that is fair and legal and does not damage RTP’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on RTP’s part, without RTP’s express written consent.

This Platform may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Platform.
Send emails or other communications with certain content, or links to certain content, on this Platform.
Cause limited portions of content on this Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by RTP, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Platform or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Platform other than the homepage.
Otherwise take any action with respect to the materials on this Platform that is inconsistent with any other provision of the Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in the Terms. You agree to cooperate with RTP in causing any unauthorized framing or linking immediately to stop. RTP reserves the right to withdraw linking permission without notice. RTP may disable all or any social media features and any links at any time without notice at RTP’s discretion.

Links from the Platform.

From time to time, the Platform may contain references or links to third-party materials (including without limitation Platforms) not controlled by RTP. RTP provides such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply RTP's recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that RTP is not responsible for any aspect of the information or content contained in any third-party materials or on any third-party sites accessible or linked to the Platform, including without limitation content, property, goods or services available on the linked sites. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Miscellaneous

Geographic Restrictions.

The owner of the Platform is based in the State of Florida in the United States, without giving effect to any principles of conflicts of law. RTP provides this Platform for use only by persons located in the United States. RTP makes no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The supply of goods, services and software through the Platform is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Platform, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Platform if: (1) you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List; (2) you are a politically exposed person (“PEP”) or the immediate family member or close associate of a PEP; (3) you are in, under the control of, or a national or resident of any country or regime that is subject to any sanctions imposed by the U.S. government and/or administered by the Office of Foreign Assets Control (collectively, “Sanctioned Persons”); or (4) you intend to supply the acquired goods, services or software to any Sanctioned Person.

Disclaimer of Warranties.

You understand that RTP cannot and does not guarantee or warrant that, files available for downloading from the internet or the Platform, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to RTP’s Platform for any reconstruction of any lost data.

THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. NEITHER RTP NOR ANY PERSON ASSOCIATED WITH RTP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RTP NOR ANYONE ASSOCIATED WITH RTP REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT RTP’S SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS

RTP RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE PLATFORM OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. TO THE FULLEST EXTENT PROVIDED BY LAW, RTP HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE; THAT THE PLATFORM WILL BE SECURE; OR THAT INFORMATION ON THE PLATFORM WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE PLATFORM, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RTP OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY OF ANY KIND. RTP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY MATERIALS ON THE PLATFORM IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL RTP, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Governing Law and Jurisdiction.

All matters relating to the Platform, the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
You agree that any action at law or in equity arising out of or relating to these Terms or the Platform shall be filed, and that venue properly lies, only in state or federal courts located in Miami Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. RTP makes no representation that the Platform, or any Materials used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access the Platform do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Force Majeure

RTP shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond its reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, pandemic, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond its reasonable control.

Equitable Relief

You acknowledge that any use or threatened use of the Platform or Materials in a manner inconsistent with the terms and conditions included in these Terms shall cause immediate irreparable harm to RTP for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that RTP shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. You agree and stipulate that RTP shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of $1,000 (USD) shall be sufficient. Nothing contained herein shall limit RTP's right to any remedies at law, including without limitation the recovery of damages from you for breach of these Terms, as applicable

Assignment

You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Platform provided under these Terms, either in whole or in part, without the prior written consent of RTP, and any attempted assignment contrary to the foregoing will be void and have no effect. RTP may assign all or a portion of its rights under these Terms

Section Titles

The section titles in these Terms are included for convenience only and have no legal or contractual effect.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and RTP regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform

Your Comments and Concerns

All notices of copyright infringement claims, other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to

Real Time Payments, LLC.

100 SE 2nd Street, Suite 2000
Miami, FL 33131
e-mail: RTPCompliance@rt2.com
telephone: 1-866-236-7733