Terms of Service (“Terms”)
Last Updated: December 15, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://www.soarpay.com website (the “Service”) operated by Soar Payments LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
About the Service
The service allows you to apply for third-party provisioned payment related products and services.
Registration: Rules for User Conduct and Use of the Service
You need to be at least 18 years old in order to use the Service.
If you are a user who submits Personalized Information through the service, The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Personalized Information by Third-Parties.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
– Use the service for any unlawful purpose or for the promotion of illegal activities;
– Use another’s Personal Information;
– Provide false or inaccurate information when applying for Services
– Interfere or attempt to interfere with the proper functioning of the Service
– Make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
– Bypass any robot exclusion headers or other measures we take to restrict access to the Service
– Upload or attempt to upload to the Service any malicious content intended to damage or disrupt another user’s browser or computer
Posting and Conduct Restrictions
When you apply for Services you will provide Personal Information. You are solely responsible for the Personal Information that you submit or otherwise make available via the Service. You agree that we are only acting as a conduit for your Personal Information which is being supplied to a third-party(s) upon your submission. We, however, reserve the right to remove any Personal Information or applications from the Service at our discretion.
The following rules pertain to Personal Information. By transmitting and submitting any Personal Information while using the Service, you agree as follows:
– You are solely responsible for your Personal Information and/or application;
– You will not submit information that is malicious, false or inaccurate;
– You will not submit information that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such information; and
– You hereby affirm we have the right to determine whether any of your Submitted Information is inappropriate or violates these Terms of Service, and remove any / all of your Submitted Information, and terminate your access to this Service with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the submission, transmission, or use of any Personal Information that you make available or submit through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your Personal Information. The Company does not, and cannot, pre-screen or monitor all submitted Personal Information or applications. However, at our discretion, we, or technology that we employ, may monitor and / or record your interactions with the Service.
Online Content Disclaimer
Opinions, advice, recommendations, statements, offers or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any Personal Information that you or any other user or third party sends over the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to third-parties.
Services Provided to Users
The Company is an authorized sales office which markets payment related products and services on behalf of the credit card processor(s), payment gateway provider(s), equipment providers, chargeback management solutions providers, and other payment product and services providers. The Company will use commercially reasonable effort to facilitate the application process for these products and services. You acknowledge that these products and services are performed, managed and delivered by third-parties over whom Soar Payments exercises no control, and therefore you agree to look exclusively to those third-parties and your agreements with those third-parties for resolution and remedy for any issues. On behalf of the credit card processor(s) specifically, the Company’s role and responsibility is limited to facilitating the application and application submission process. The Company’s responsibilities and scope do not extend into the underwriting, risk analysis, or provision of debit and credit card processing services, which is solely conducted and determined by the credit card processor(s) through whom you apply for merchant services.
Links to Other Sites And / Or Materials
As part of the Service, the Company may provide you with convenient links to third party websites (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service users. The Company has no control over Third Party Sites and Third Party Applications, Software or Content. Such Third Party Sites or Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use of installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices of any site which you navigate from the Site to, or relating to any applications you use or install from the Site.
Copyright Complaints and Copyright Agent
DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at:
Soar Payments LLC
507 N. Sam Houston Pkwy E. Suite 520
Houston, TX 77060
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and / or email address;
6. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
THE SERVICE, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND / OR USE OF FULES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MOREOVER, YOU ACKNOWLEDGE THAT WE HAVE PROVIDED NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY EQUIPMENT, SOFTWARE OR SERVICES THAT THE COMPANY MARKETS AND THAT THE COMPANY HAS NO LIABILITY WITH RESPECT TO ANY EQUIPMENT, SOFTWARE OR SERVICES. THE USER AGREES TO EXCLUSIVELY LOOK TO THE THIRD-PARTY PROVIDER OF SUCH EQUIPMENT, SOFTWARE OR SERVICES FOR REMEDY. IF THERE ARE ERRORS, OMISSIONS, INTERRUPTIONS OR DELAYS RESULTING FROM OUR PERFORMANCE OR ANY FAILURE TO PERFORM, OUR LIABILITY SHALL BE LIMITED TO CORRECTING SUCH ERRORS, IF COMMERCIALLY REASONABLE.
Limitations of Damages; Release
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE OR DATA OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR THE INABILITY TO USE THE SERVICE; (C) THE SERVICE GEENRALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with a third-party service provider that you were referred to, or to whom your application was submitted through use of the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code subsection 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.