Terms and Conditions

IMPORTANT - PLEASE READ

Terms of Use

You, the visitor to this site ("You"), have accessed an Internet web site (the "Registry Site") that belongs to PaymentsNation ( "Us" or "We"). You may have accessed this site to obtain schemas and a file of information on ICSF (Interoperable image-survivable Check Security Features), collectively known as the "Registry."

By using the Registry Site or the Registry, You agree to be bound by these terms and conditions (collectively the "Terms of Use"). If You do not agree to be bound by the Terms of Use, You are not allowed to access or otherwise use the Registry Site or its files and must leave.

Revisions. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time without notice to You. You should read these Terms of Use periodically for changes. If You use the Registry Site after We post changes to the Terms of Use, You are deemed to have accepted the revised Terms of Use. These Terms of Use were last revised on 2008-06-09. Purpose of Registry. The Registry Site contains a compilation of information submitted by various check fraud prevention providers (each a "Provider") concerning the security features that Provider offers or supports and other information related to that Provider. "Provider Information" means, with respect to a Provider, the information that such Provider submits to the Registry Site for inclusion in the Registry Site or Registry.

Ownership of Content: Copyrights. The content of the Registry Site (the "Content") is protected by copyright, trademark, trade secret, or other proprietary rights laws. The Schema files contained in the Registry are copyrighted by ASC X9. We, or our licensors, are the owners of all other Content, including the structure, sequence, and organization of the Content and retain all right, title, and interest in and to the Content. You possess only those rights expressly granted to You in these Terms of Use. All trademarks, service marks, and trade names displayed on the Registry Site are proprietary to Us or our licensors, except those identified as belonging to others, all of which are the property of their respective owners. Permitted Use. You have a non-exclusive, non-transferable, limited, and revocable license to use the Registry Site solely for obtaining information, and to use the Registry for purposes of implementing and supporting the ICSF standard defined by ASC X9 in DSTU X9.100-172-2007, future versions, and any modifications approved by the X9 ICSF Registration Management Group. You may not use the Registry Site or the Registry for any other purpose, except as expressly set forth in these Terms of Use, including using the Registry Site by means of co-branding it or framing any or all of its Content.

Prohibited Use. You may not transmit, copy, reproduce, publish (or republish), upload, post, e-mail, or distribute any or all of the Registry Site other than the Registry to any third party without our prior, express, and written consent. In Your use of the Content, such as printing it, You may not remove or alter, or cause to be removed or altered, any notice, mark, or legend in or on the Content, including copyright notices, trademarks notices, and disclaimers.

Additional Restrictions on Use. You may not: Use the Registry Site to transmit, copy, reproduce, republish, upload, post, transmit, e-mail, or distribute, in any way, material or content that infringes any copyright or other right of any one or that violates these Terms of Use; Modify, delete, or reverse engineer the Registry Site in any way whatsoever; or Upload, e-mail or otherwise transmit to or through the Registry Site, any advertising, promotional, or other unauthorized communication, including "junk mail," "surveys," unsolicited e-mail, "spam," "chain letters," or "pyramid schemes," or any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of the Registry Site or any other recipient. Monitoring of Registry Site. We reserve the right, but are not obligated, to monitor Your use of the Registry Site and any communications made by You related to such use. We assume no liability related to our monitoring activities. Downloads. You may download the files that We indicate are available for download and use them for Your informational purposes and to support Your implementation and adoption of the ICSF Standard. These files are provided "AS IS." Links to Third Party Sites. There may be links in the Registry Site that let You leave the Registry Site for the site of an unaffiliated third party (a "Third Party Site"). Third Party Sites are not under our control and We are not responsible for the contents of any Third Party Site, including any link or download contained in a Third Party Site or any changes or updates to such sites. We are not responsible for any communications You receive from any Third Party Site. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the Third Party Site.

Product Specific Information. The Registry Site may contain specific information about a Provider product ("Product-specific Information"). The Provider Information, including the Product-specific Information was provided by the Provider. We have not ascertained that information's validity, nor do we automatically update this information if it should change. There may have been errors or delays in transcribing the Provider Information for the Registry Site. Consequently the Registry Site may contain errors, omissions, or obsolete information. You acknowledge that: You are aware of the limitations of the use of the Provider Information, including the Product-specific Information; and You take full responsibility for Your use of the Provider Information, including the Product-specific Information.

Information Provided to Us. For any and all information and works of authorship that You provide to the Us, including all comments and suggestions (collectively "Visitor Generated Content"), You grant Us a non-exclusive, transferable, assignable, sublicenseable, perpetual, irrevocable, worldwide, royalty-free, and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export, and prepare derivative works of such Visitor Generated Content through multiple tiers of distribution in any and all media now known or hereafter invented as needed to provide the Registration Authority services.

Your Representations. You warrant and represent that: You will not use the Registry Site for any illegal, immoral, or unauthorized purpose; and You will neither circumvent, compromise, nor attempt to circumvent or compromise the Registry Site's security.

Indemnity. You will indemnify and hold Us, our affiliates, members, licensors, Content providers, service providers, employees, contractors, and customers (collectively and individually the "Indemnified Parties") harmless from and against, any and all, breaches of these Terms of Use by You, including any and all use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use; and that You will indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees that the Indemnified Parties suffer or incur in connection with that beach or use. You will also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of Your use of the information obtained from the Registry Site.
Disclaimers. THE DOWNLOADS, PRODUCT-SPECIFIC INFORMATION, PROVIDER INFORMATION, AND ALL OTHER INFORMATION AND CONTENT OF THE REGISTRY SITE ARE FURNISHED "AS IS" AND WITHOUT WARRANTY. WE DISCLAIM ALL WARRANTIES INCLUDING ANY IMPLIED OR EXPRESS WARRANTY OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. Limitation of Liability. IN NO EVENT WILL WE OR OUR LICENSORS BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PRODUCT-SPECIFIC INFORMATION, REGISTRY OR THE REGISTRY SITE, EVEN IF WE, OUR LICENSORS, OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ANY PERFORMANCE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT, OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF INFORMATION, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE PRODUCT-SPECIFIC INFORMATION, REGISTRY, THE CONTENT, OR SERVICES USED BY MEANS OF THE REGISTRY SITE, WHETHER RESULTING IN WHOLE, OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISE. IN NO EVENT WILL WE OR OUR LICENSORS' AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, RELATED TO THE REGISTRY SITE, THE REGISTRY, OR PRODUCT-SPECIFIC INFORMATION EXCEED $100 (ONE HUNDRED DOLLARS). Termination of Your Access. You agree that We may, in our sole discretion and for any reason, terminate, modify, or suspend part or all of Your access to, and any service provided through, the Registry Site and delete any content transmitted to or through the Registry Site at any time with or without prior notice and without liability to You or any third party. Without limiting any other provision in these Terms of Use, We may also terminate these Terms of Use and Your right to use the Registry Site and Product-specific Information immediately without notice if, in our sole discretion, You fail to comply with any part of these Terms of Use.
Interpretation. In the interpretation of these Terms of Use: "including" or "include" does not denote or imply any limitation; "or" has the inclusive meaning "and/or;" "We," "Us," and "Our" refer to PaymentsNation; "Your" refers to You; the singular includes the plural, and vice versa, and each gender includes each of the others; and captions and headings are for reference only and are not to be considered in interpreting these Terms of Use. Governing Language. These Terms of Use have been written in the English language as spoken in the United States, which shall be the sole and controlling language used in interpreting or construing the meaning of these Terms of Use. Governing Law. Unless otherwise specified, We control and operate the Registry Site from offices within the State of Texas, U.S.A. If You choose to access the Registry Site from other locations, You do so on Your own initiative, and are responsible for compliance with any and all applicable local laws. The laws of the State of Texas, without regard to Texas' conflict of laws principles, govern these Terms of Use. You consent and submit to the personal jurisdiction of the courts located in Dallas County, Texas for the purposes of litigating any action in connection with these Terms of Use, the Registry, or the Registry Site. Integration and Severability. If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions. Waiver. No waiver of any breach of any provision of these Terms of Use will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective against Us unless made in writing and signed by an authorized representative of Us.

Contact. If You need to contact Us, send Your correspondence to:

ICSF RA
1999 Bryan Street, Suite 1500
Dallas, TX 75201