Welcome To The eMerchantPortal ©
Terms and Conditions

Tridata, Inc. dba Datalink Bankcard Services ("Datalink") provide the materials contained at our site(s) on the World Wide Web (the "Site") as a service to our customers and visitors. Datalink requires that all visitors to the Site adhere to the following Terms and Conditions. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms and Conditions set forth below without limitation or qualification. Datalink may revise these Terms and Conditions at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms and Conditions from time to time as you visit the Site. For purposes of these Terms and Conditions references to Datalink include its affiliates, directors and employees.

Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Texas law and Federal law will govern the interpretation and enforcement of these Terms and Conditions.

Copyright and Trademark Information

The information contained at the Site, including but not limited to text and images herein (other than certain images licensed from third parties) and their arrangement, are copyright © protected by Datalink. All rights reserved.

Datalink and its logo are trademarks of Tridata, Inc.. All other trademarks are property of Datalink unless otherwise designated or clearly implied herein as belonging to third parties. Nothing contained at the Site shall be construed as granting by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright (except as expressly stated above) or proprietary rights of Datalink or of any third party.

You are authorized by Datalink to copy, transmit or display any information registered or owned by Datalink on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without Datalink’s prior written consent.

The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the terms and conditions of such third parties.

Limitation of Liabilities and Warranties

INFORMATION ON THE SITE IS PROVIDED"AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The information contained at the Site may include technical inaccuracies or typographical errors. Datalink from time to time amends, changes, adds, deletes, updates or alters the information contained at this Site, including information regarding the products and services described at the Site, without notice. Datalink assumes no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site.

IN NO EVENT SHALL DATALINK BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE).

Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from Datalink, by using this website you agree that we may market our services and the services of other companies on the Site through the use of banner ads,"hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Datalink, and may be provided by companies not affiliated with Datalink. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Datalink does not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC insured or bank guaranteed.


Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of Datalink, but rather are exclusively controlled by third parties. Accordingly, Datalink makes no representations whatsoever concerning such Web sites. Although Datalink may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by Datalink with respect to such Web site, its owners or its providers. Datalink is providing these links only as a convenience to you. Datalink has not tested any information, products or software found on such Web sites and therefore cannot make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

IN NO EVENT WILL DATALINK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Electronic Signature Disclosures

E-Signature Disclosures and Right to Paper Copy
In accordance with Public Law 106-229, dated June 30, 2000. You have the right to have the e-Signature record provided or made available to you in a non-electronic form. If you wish a paper (non-electronic) copy to be mailed to you please contact us at:
e-signhardcopyrequest@eMerchantPOrtal.com
Please provide you full name, the Trace# number from this document (found at top of page 1 or 2) and your complete mailing address. There is a $5.00 + standard postage charge to receive a paper copy.

You also have the right to withdraw consent for e-Signature, however if you withdraw consent after an account has been created the account a physical signature must be obtained to replace the e-signature in advance of such withdrawal or the account created will have to be closed and all applicable termination fees if any will apply and not be waived by your withdrawal of consent for e-Signature.

The consent applies only to this particular transaction. Each additional transaction will require additional consents.

E-Signature Hardware and Software Requirements; Notice of Changes
To access your retained electronic record(s) you must have a computing device with internet connectivity and an updated web browser. Any change to hardware or software requirements will be made available via an updated terms and Conditions. Upon this change and notice thereof consent may be withdrawn with no penalties or consequences if you no longer have the ability under the new requirements to access the records electronically.

E-Signature Record Retention
We retain electronic signature records and will make these records accessible to all persons who are legally entitled to access for the period required by applicable law(s) in a form that is capable of being accurately reproduced.

E-Signature Definitions
Electronic” – The term “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
Electronic Record” – The term “electronic record” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
Electronic Signature” – The term “electronic signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
Information” – The term “information” means data, text, images, sounds, codes, computer programs, software, databases, or the like.
Record” – The term “record” means information, that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Requirement” – The term “requirement” includes a prohibition.
Transaction” – the term “transaction” means an action or set of actions relating to the conduct of business, consumer, or commercial affairs between two or more persons, including any of the following types of conduct:
1. the sale, lease, exchange, licensing, or other disposition of (i) personal property, including goods and intangibles, (ii) services, and (iii) any combination thereof; and
2. the sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.

Feedback

Any comments or materials sent to Datalink, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively"Feedback"), shall be deemed to be the property of Datalink. Datalink’s use of the Feedback will be in compliance with the Datalink Privacy Notice, which is set forth on the Site, and applicable laws. Datalink shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Datalink shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to Datalink shall be treated confidentially to the extent required by applicable law or as disclosed in the application.

Violations of Terms and Conditions

Datalink reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS DATALINK FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.


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