Please read this notice thoroughly and select the "Agree and Proceed" button at the bottom of this page. Unless you select "Agree and Proceed" to acknowledge acceptance of these terms and conditions, you will not have access to this site.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
THEY GOVERN YOUR ACCESS AND USE OF THIS WEBSITE.
This Agreement sets forth the terms and conditions that govern your use of the Bank of America Merchant Services (“BAMSAccess.com”) Website and the services provided therein (“Services”).
. Your use of this Website is authorized only if you are a merchant obtaining processing services from Bank of America Merchant Services and you have obtained a password that allows access to you as a User. By clicking the “Accept” button the first time you access this Website and by continuing to access and use this Website thereafter you are confirming (1) that you have read, understand and accept the terms and conditions of this Agreement in full and (2) that you have the legal authority and capacity to enter into this Agreement and be bound thereby on an ongoing basis on behalf of the User. Users that have their bankcard Services discontinued will have limited access to this Website to obtain information regarding chargebacks as set forth in their merchant agreement with Bank of America Merchant Services.
. Bank of America Merchant Services reserves the right to amend this Agreement at any time by posting the amended terms at this site. User agrees to check this Agreement periodically for changes. The amended terms shall automatically be effective thirty (30) days after they are initially posted at this Website, and your continued access of this Website and use of the Services thereafter constitutes an acceptance of the amended terms. This Agreement may not be otherwise amended except in writing and agreed to by both parties. This Agreement was last revised on June 9, 2005.
. As an User, you should not disclose to or share your password with any third parties not authorized or designated by you or use your password for any unauthorized purpose. If you believe that your password has been stolen or otherwise compromised, immediately contact Bank of America Merchant Services so that we may assist you in changing your password. You are entirely responsible if you do not maintain the confidentiality of your User ID and password. Furthermore, you are entirely responsible for any and all activities, which occur, under your User ID. User agrees to immediately notify Bank of America Merchant Services of any unauthorized use of User’s ID or any other breach of security known to User. A User’s right to use the Services is personal to User. Each User agrees not to resell or make any commercial use of the Services, without the express written consent of Bank of America Merchant Services.
. Bank of America Merchant Services reserves the right to modify or discontinue the Services with thirty (30) days notice to Users by means appropriate to your method of access to the Services. Bank of America Merchant Services shall not be liable to Users or any third party should Bank of America Merchant Services exercise its right to modify or discontinue the Services in Bank of America Merchant Services sole and absolute discretion.
. Bank of America Merchant Services provides content on this Website as a service to you as our customer. It may not contain all information that is applicable to your circumstances. Although Bank of America Merchant Services attempts to provide accurate information, names, images, pictures, logos, icons, documents, and materials (collectively, the “Contents”) on the Website, it makes no representation, endorsement, or warranty that such Contents are accurate or suitable for any particular purpose.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE AND SERVICES IS AT USER’S SOLE RISK AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. BANK OF AMERICA MERCHANT SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BANK OF AMERICA MERCHANT SERVICES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF BANK OF AMERICA MERCHANT SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limitation to the above, you may download information from this Website at your own risk. You agree to maintain all cardholder data in a secure manner in accordance with all Visa® and MasterCard® rules, regulations, by-laws, releases, procedures and policies. Bank of America Merchant Services expressly disclaims liability for technical failures (including hardware or software failures), incomplete, scrambled or delayed computer transmissions, and/or technical inaccuracies, as well as unauthorized access of user transmissions by third parties. Bank of America Merchant Services does not warrant that its Website will operate without error nor that defects will be corrected. Bank of America Merchant Services cannot and does not guarantee or warrant that this site or the servers making it available or any information available for downloading from this Website is free of viruses, worms, Trojan horses or other code that has contaminating, destructive or harmful components or properties.
It is your re sponsibility to scan any communication and any files attached for computer viruses and other defects. Bank of America Merchant Services does not warrant that information, services, and products contained in the Website will satisfy your requirements or that they are error or defect-free.
If you are dissatisfied with our Website or its content (including the Terms and Conditions), your sole and exclusive remedy is to discontinue using the Website. Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation may not be applicable to you.
. The United States copyright laws and other laws protect the design and layout of this Website and all images, text, programs, and other materials found on the Website. Any commercial use of the images, text, programs or other materials found on the Website is strictly prohibited without the express written consent of Bank of America Merchant Services.
. The trademarks “BAMSAccess.com”, and the names, logos, marks and taglines identifying BAMSAccess.com and Bank of America Merchant Services products and services are proprietary marks of BAMSAccess.com and Bank of America Merchant Services and their affiliates and may not be copied or imitated in whole or in part. All other trademarks and service marks are the property of their respective owners.
. Any submission of information by the User to this Website will be considered non-confidential and non-proprietary communications and becomes the property of Bank of America Merchant Services. User expressly grants Bank of America Merchant Services the authority and right to use that information in accordance with Bank of America Merchant Services corporate policies.
Contents are included in this Website solely for the personal use of Users. Other than for your internal purposes, you may not copy (other than a copy for personal use), modify, distribute, transmit, display, perform, reproduce, transfer, resell, or republish any of the Contents of this Website without the prior written consent of Bank of America Merchant Services, which may be withheld in its sole discretion.
. Encryption is the process of transforming information into an indiscernible coded message. Information transmitted while accessing account information over the Internet or submitting an online application is encrypted using Secure Sockets Layer (SSL) Technology. Most browsers certified for our product are capable of using SSL technology.
This process utilizes a unique mathematical formula or “Key” to encrypt your information. The length of the “Key” used to encrypt the data measures encryption strength. Longer “keys” provide more effective encryption.
. Except where expressly indicated otherwise, transmissions to and from this Website or directed to Bank of America Merchant Services, including E-mails, are not sent in a secure form and can be intercepted by third parties and may not be immediately received by the appropriate business unit at Bank of America Merchant Services. Please do not use E-mail to send us communications that contain confidential information, which we require to be in writing, or which need our immediate attention.
. Bank of America Merchant Services will only utilize information provided by Users for lawful business purposes. Users acknowledge and agree that by providing Bank of America Merchant Services with any personal or proprietary information via the Website that it will remain confidential and will not be used, collected, or retained unless Bank of America Merchant Services has a legitimate business purpose to do so.
. The User agrees not to falsify or misrepresent any information provided to Bank of America Merchant Services. The User assumes all responsibility for use of the Bank of America Merchant Services Website.
. Bank of America Merchant Services makes no warranties or representation whatsoever regarding any website not under Bank of America Merchant Services control which a User may access from the Bank of America Merchant Services Website by link or any other means. Bank of America Merchant Services provision of a link, frame, or other means to access any website not under Bank of America Merchant Services control is the convenience of Users and does not constitute Bank of America Merchant Services endorsement, recommendation or acceptance of any responsibility for the content of that site or the operators of that site.
. Bank of America Merchant Services reserves the right to take any or all action it may deem appropriate with respect to violations or enforcement of the terms of this Agreement, and expressly reserves all rights and remedies available at law or in equity.
Costs, Jurisdiction and Venue. Bank of America Merchant Services shall be entitled to its costs and expenses incurred in enforcing this Agreement, including without limitation, reasonable attorney’s fees. Any dispute arising under this Agreement shall be governed by the internal laws of the State of North Carolina. In regard to any action brought by either party under this Agreement, User hereby unconditionally submits to the exclusive jurisdiction of any federal or state court located in the city of Charlotte, North Carolina and hereby waives any objection it may now or hereafter have to the venue of any such action brought in any such court.