CardX solutions (the "Services") are proprietary payment solutions created by CardX, LLC ("CardX"). Use of the Services is subject to these legally binding Terms and Conditions ("Terms") and constitutes your agreement to be bound by and to act in accordance with these Terms. "Use of the Services" means using the Service to submit a payment. For the purposes of the Terms, "Technology Provider" shall include both CardX and all of its affiliates.
Any "Service Fee" charged to you when you use the Services is non-refundable. A "Service Fee" is processed as a separate transaction from the primary transaction amount.
TECHNOLOGY PROVIDER'S DISCLAIMER OF LIABILITY:
THIS SERVICE IS PROVIDED "AS IS," AND TECHNOLOGY PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TECHNOLOGY PROVIDER SHALL CREATE ANY WARRANTY. IN NO EVENT SHALL TECHNOLOGY PROVIDER BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS.
CardX acknowledges the importance to its business of the content, accuracy, completeness, performance, and timeliness of the Services. However, Technology Provider disclaims any responsibility for errors or omissions in the content, accuracy, completeness, performance, or timeliness of the Services, nor does Technology Provider guarantee the content, accuracy, completeness, performance, or timeliness of the Services. Similarly, information provided by the Services, or the Terms is subject to change at any time by CardX without prior notice. The continued use of the Services constitutes your agreement to any changes.
In addition, the failure on the part of Technology Provider to enforce any part of these Terms shall not constitute a waiver of any of Technology Provider's rights hereunder for past or future actions.
If any term or other provision of the Terms is determined to be invalid, illegal, or unenforceable, all other conditions and provisions of the Terms shall nevertheless remain in full force and effect.
Any dispute arising out of or related to the content or use of the Service or the Terms shall be governed by the substantive laws of the United States and the State of Ohio, and the jurisdiction and venue of any such action shall be vested solely in the federal and state courts of Franklin County, Ohio. You accept the jurisdiction of the State of Ohio over your person.
You acknowledge and agree that these Terms constitute the entire agreement between you and Technology Provider with respect to the use of the Service.
BY SUBMITTING YOUR PAYMENT, YOU SIGNIFY YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS.