PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the Mireport.org website (the "Site") or any Merchant Intelligence Report applications or application plug-ins ("Applications"), you agree to follow and be bound by these terms of use (the "Terms of Use") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms of Use, the words "you" and "your" refer to each customer, Site visitor, or Application user, "we", "us" and "our" refer to Mireport.org and "Services" refers to all services provided by us
It is your responsibility to review these Terms of Use periodically. If at any time, you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site or any Applications. We may revise these Terms of Use at any time without notice to you. If you have any questions about these Terms of Use, please contact our Customer Care Center.
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute.
Please also refer to the Merchant Intelligence Report Terms of Service and Privacy Policy, and any other terms accepted when making your purchase, each of which is incorporated herein by reference.
Merchant Intelligence Report provides an online legal portal to give visitors a general understanding of the merchant services industry and to provide a service solution to business owners who choose to process credit card payments for their sales transactions. Customer need not download or even license Merchant Intelligence Report software. Merchant Intelligence Report hosts its Gateway/API software as a backend service for customers when they sign up to be a member. The Site includes general information on commonly encountered pricing issues. Merchant Intelligence Report is not a merchant services provider (MSP) nor independent sales organization (ISO) and may not perform services performed by such.
Merchant Intelligence Report strives to keep its application documents accurate, current and up-to-date. However, because the policies of various processors changes rapidly, Merchant Intelligence Report cannot guarantee that all of the information on the Site or Applications is completely current. The underwriting guidelines are different from processor to processor, and may be subject to document requirements by different processors.
1. Privacy Policy. Merchant Intelligence Report respects your privacy and permits you to control the treatment of your personal information. A complete statement of Merchant Intelligence Report's current Privacy Policy can be found here. Merchant Intelligence Report's Privacy Policy is expressly incorporated into this Agreement by reference.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the application form. Registered members will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party's account, user name or password at any time. You agree to notify Merchant Intelligence Report immediately of any unauthorized use of your account, user name or password. Merchant Intelligence Report shall not be liable for any losses you incur as a result of someone else's use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by Merchant Intelligence Report, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else's use of your account or password.
In connection with the use of certain Merchant Intelligence Report products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document or service. This information will be protected pursuant to our Privacy Policy. In addition, you grant Merchant Intelligence Report a worldwide, royalty-free, nonexclusive, and fully sub licensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service. You may revoke this license and terminate rights held by Merchant Intelligence Report at any time by removing your personal information from the applicable service.
2. Ownership. This Site and Applications are owned and operated by Mireport.org. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Merchant Intelligence Report or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Merchant Intelligence Report, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of Merchant Intelligence Report's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Contact Information" below if you have any questions about obtaining such licenses. Merchant Intelligence Report does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Merchant Intelligence Report. Any rights not expressly granted herein are reserved by Merchant Intelligence Report.
3. Limited Permission to Download. Merchant Intelligence Report hereby grants you permission to download, view, copy and print the Materials on any single, stand-alone computer (or, for Microsoft Agave users, one copy of the Application on up to five devices affiliated with your Marketplace Windows Live ID account) solely for your personal, informational, non-commercial use provided that (i) where provided, the copyright and trademark notices appearing on any Materials not be altered or removed, (ii) the Materials are not used on any other website or in a networked computer environment and (iii) the Materials are not modified in any way, except for authorized editing of downloadable forms for personal use. This permission terminates automatically without notice if you breach any of the terms or conditions of these Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any Materials contained on this Site or Applications may violate copyright laws, trademark laws, laws of privacy and publicity and communications regulations and statutes.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than Merchant Intelligence Report (each a "Third Party Site"). Merchant Intelligence Report works with a number of partners and affiliates whose sites are linked with Merchant Intelligence Report. Merchant Intelligence Report may also provide links to other citations or resources with whom it is not affiliated. Merchant Intelligence Report is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Merchant Intelligence Report makes no guarantees about the content or quality of the products or services provided by such sites. Merchant Intelligence Report is not responsible for webcasting or any other form of transmission received from any Third Party Site. Merchant Intelligence Report is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Merchant Intelligence Report of the Third Party Site, nor does it imply that Merchant Intelligence Report sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Merchant Intelligence Report is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. Additional Terms. Some Merchant Intelligence Report Services may be subject to additional posted guidelines, rules or terms of service ("Additional Terms") and your use of such Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that Service, unless the Additional Terms expressly state that these Terms of Use will control.
6. Reviews, Comments, Communications, and Other Content. At various locations on the Site or through Applications, Merchant Intelligence Report may permit visitors to post ratings, reviews, comments, questions, answers, and other content (the "User Content"). Contributions to, access to and use of the User Content is subject to this paragraph and the other terms and conditions of these Terms of Use.
Rights and Responsibilities of Merchant Intelligence Report.
Merchant Intelligence Report is not the publisher or author of the User Content. Merchant Intelligence Report takes no responsibility and assumes no liability for any content posted by you or any third party
Although we cannot make an absolute guarantee of system security, Merchant Intelligence Report takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us by email for help.
If Merchant Intelligence Report's technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, Merchant Intelligence Report reserves the right to delete those files or to stop those processes. If the Merchant Intelligence Report technical staff suspects a user name is being used by someone who is not authorized by the proper user, Merchant Intelligence Report may temporarily disable that user's access in order to preserve system security. In all such cases, Merchant Intelligence Report will contact the member as soon as feasible.
Merchant Intelligence Report has the right (but not the obligation), in our sole and absolute discretion, to edit, redact, remove, re-categorize to a more appropriate location or otherwise change any User Content
Rights and Responsibilities of Merchant Intelligence Report Users or Other Posters of User Content.
You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using any Merchant Intelligence Report service that allows interaction or dissemination of information.
7. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD MERCHANT INTELLIGENCE REPORT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MERCHANT INTELLIGENCE REPORT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF MERCHANT INTELLIGENCE REPORT, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.
8. Unsolicited Submissions. Except as may be required in connection with your use of Merchant Intelligence Report Services, Merchant Intelligence Report does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to Merchant Intelligence Report through or in association with this Site shall be considered non-confidential and Merchant Intelligence Report's property. By providing such submissions to Merchant Intelligence Report you hereby assign to Merchant Intelligence Report, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Merchant Intelligence Report shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
9. Personal Use. The site is made available for your personal use on your own behalf.
10. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
11. Governing Law; Venue. Any legal action or proceeding relating to your access to or use of the Site, an Application, or Materials is governed by the Arbitration Agreement contained in paragraph 6 of these Terms of Use. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site or an Application.
12. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Mireport.org. ALL RIGHTS RESERVED.
13. Trademarks. Merchant Intelligence Report, MerchantIntelligenceReport.org, mireport.org, the multi-directional MI logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Merchant Intelligence Report. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
14. Inquiries. BY USING MERCHANT INTELLIGENCE REPORT'S SERVICES OR ACCESSING THE MERCHANT INTELLIGENCE REPORT SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO MERCHANT INTELLIGENCE REPORT VIA THE MERCHANT INTELLIGENCE REPORT SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO MERCHANT INTELLIGENCE REPORT, AND THAT MERCHANT INTELLIGENCE REPORT MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
15. Right to Refuse. You acknowledge that Merchant Intelligence Report reserves the right to refuse service to anyone and to cancel user access at any time.
16. Acknowledgement. BY USING MERCHANT INTELLIGENCE REPORT'S SERVICES OR ACCESSING THE MERCHANT INTELLIGENCE REPORT SITE OR APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.