Aya Payments, Inc., its subsidiaries and affiliates requires that all the visitors to our site(s) on the World Wide Web (the “Site”) adhere to the following Terms of Service, Rules, Regulations, and Disclaimers (collectively known as “Terms and Conditions”). By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.
1. Laws and Regulations
User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.
2. Copyright / Trademarks / Patents
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Aya Payments, Inc. and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to, use as metatags on other pages or sites on the World Wide Web without the written permission of Aya Payments, Inc. or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright and one or more pending patent applications and unless noted otherwise, is property of Aya Payments, Inc. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
This site may provide a link to other sites by allowing the user to leave this site to access third-party material or by bringing the third-party material into this site via “inverse” hyperlinks and framing technology (a “linked site”). Aya Payments, Inc. has no discretion to alter, update, or control the content on a linked site. The fact that Aya Payments, Inc. has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the internet, and Aya Payments, Inc. urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. A linked site may contain malware, virus, or other harmful content and Aya Payments, Inc. is not responsible for monitoring the content of the linked site for any purpose including without limitation suitability for linking to, security, and content on the linked site.
4. No Warranties
All content, products, and services on the site, or obtained from a website to which the site is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Aya Payments, Inc. does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site by any party other than Aya Payments, Inc., (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site. Other than as required under applicable law, under no circumstance will Aya Payments, Inc. be liable for any loss or damage caused by a user’s reliance on information obtained through the site or a linked site, or user’s reliance on any product or service obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
5. Limitation of Liability for Use of The Site and Linked Sites
The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and Aya Payments, Inc. specifically disclaims any liability for such inaccuracies or errors. Aya Payments, Inc. does not warrant or represent that the content on the site is complete or up-to-date. Aya Payments, Inc. is under no obligation to update any content on the site. Aya Payments, Inc. may change the content on the site at any time without notice. Aya Payments, Inc. may make improvements or changes to the site at any time. You agree that Aya Payments, Inc., its affiliates and partners and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any direct, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if Aya Payments, Inc. is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Aya Payments, Inc. cannot and does not guarantee continuous, uninterrupted or secure access to the site.
7. Confidentiality of User Communications
8. Your Contact with Advertisers
Your dealings or correspondence with, or participation in promotions of, advertisers found on or through the Site (including, without limitation, payment and delivery of related products or services, and any other terms, conditions, representations or warranties associated with such dealings or correspondence) are solely between you and such advertisers. Aya Payments, Inc. makes no representations or warranties with respect to any advertising content of, or any products or services that may be obtained from, such advertisers. You agree that Aya Payments, Inc. will not be responsible or liable with respect to any loss or damage of any kind incurred as a result of: (a) any such dealings or correspondence between you and such advertisers, (b) content, products or services of such advertisers, or (c) the presence of such advertisers on the Site.
9. Linked Internet Sites
Aya Payments, Inc. prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Aya Payments, Inc. reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Aya Payments, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
10. Press Releases
All press releases and other materials presented or released to the financial community that are contained on the Site are deemed, to the best of Aya Payments, Inc.’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Aya Payments, Inc. has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.
[For use in connection with message boards or chat rooms on the Site.]
Aya Payments, Inc. is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Aya Payments, Inc. may from time to time monitor the Postings on the Site and may decline to accept and/or remove any Postings that contain:
● Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
● Advertisements or solicitations of any kind.
● Messages posted by users impersonating others.
● Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
● Messages by non-spokesperson employees of Aya Payments, Inc. purporting to speak on behalf of Aya Payments, Inc. or containing confidential information expressing opinions concerning Aya Payments, Inc.
● Messages that offer unauthorized downloads of any copyrighted or private information.
● Multiple messages placed within individual folders by the same user restating the same post.
● Chain letters of any kind.
● Any other Postings deemed inappropriate by Aya Payments, Inc. in its sole discretion.
12. Transmission of Personal Data
[For use in connection with Sites through which proprietary Cardmember/Customer account data may be transmitted.]
User acknowledges and agrees that by providing Aya Payments, Inc. with any personal or proprietary user information through the Site, user consents to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Aya Payments, Inc.’s standard business practices. User should be aware that Linked Sites may contain transmission of personal data provisions that differ from the provisions provided herein. Aya Payments, Inc. is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
13. Changes to Rules and Regulations
Aya Payments, Inc. reserves the right to revise these Rules and Regulations at any time and users are deemed to be apprised of and bound by any changes to these Rules and Regulations. Aya Payments, Inc. may indicate that changes to these Rules and Regulations have been made by updating the date indicated after “Last Modified” at the end of these Rules and Regulations, but is not obligated to do so.
14. Violations of Rules and Regulations
Aya Payments, Inc. reserves the right to seek all remedies available at law and in equity for violations of these Rules and Regulations, including the right to block access from a particular Internet address to the Site.
15. Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
16. Use of “Cookie” File Features
17. Jurisdiction/Governing Law
[For United States based sites only]
Users of this Site agree to submit to the laws of the State of California, USA and applicable federal law without regard to conflicts of laws principles.
18. Trademarks and Service Marks
The following are trademarks and service marks of Aya Payments, Inc., its subsidiaries and/or affiliates which may appear on Aya Payments, Inc. Web sites. This is not a comprehensive list.
These “Terms of Service” are effective as of September 25, 2020 (PCS ID 8745).