EBizCharge is a registered product of Century Business Solutions.
Thanks for using our products and services (“Services”). The Services are provided by Century Business Solutions (“Century”), located at 20 Pacifica, Suite 1450, Irvine, CA 92618, United States. Century’s website located at www.centurybizsolutions.com (“Website”), connects merchants, potential merchants, advertisers, referral partners, software development partners and the public with products and services in connection with and related to credit card processing services and software integrations related thereto. The Website is owned and operated by Century. The terms “you,” “your,” and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Website in any manner.
Using our Services
Subject to your acceptance and compliance with these Terms of Service, Century grants you a non-exclusive, non-transferable, limited right to access, use and display the Website and the materials thereon, provided that you fully comply with these Terms of Service. You shall not interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by these Terms of Service. Except as expressly provided herein or otherwise allowed by us, you may not use the Website for any commercial purpose.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that may not be Century’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Privacy and Copyright Protection
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”).
We provide information to help copyright holders manage their intellectual property online. If you think somebody is violating your copyrights and want to notify us, you can find information about submitting notices and Century’s policy about responding to complaints received by contacting Century by e-mail or telephone.
If you believe that any Website Content or any Submission infringes one or more of your copyrights, please immediately notify Century by means of a mailed or faxed notice (“Infringement Notice”) in compliance with the process set out in the DMCA. If Century takes action in response to an Infringement Notice, it will make a good faith attempt to contact the party that made such Content or Submission available by means of the most recent email address, if any, provided by such party to Century. Please be advised that you may be held liable for damages based on certain material misrepresentations contained in an Infringement Notice.
All materials displayed, performed or accessible through the Website or the Services, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials (“Content”), are protected by copyright. Except as set forth herein, you shall not use or display the Website Content. In addition, you shall adhere to any and all copyright notices, information, and restrictions contained in or identified by any Content accessed or used in connection with the Website or the Services. Century reserves the right to remove any Content from the Website without notice at any time and for any reason.
Third Party Websites
Century has not reviewed, and cannot review, any of the material, including computer software, made available through the websites to which the Website, Content or any Submission links, and that links to the Website. Century does not have any control over those non-Century websites, and is not responsible for their contents or their use. By linking to a non-Century website, Century does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. Century disclaims any responsibility for any harm resulting from your use of non-Century websites.
Century, the Century logo, as well as certain other of the words and logos displayed on the Website, constitute trademarks, trade names, or service marks (“Marks”) of Century or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Century or those other entities.
Your Representations and Warranties Concerning Your Content in our Services
When you upload, submit, store, send or receive content to or through our Services, you give Century (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content.
Century’s Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care, however, there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CENTURY NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, CENTURY, AND CENTURY’S AFFILIATED PARTIES OR AGENTS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CENTURY, AND ITS CENTURY’S AFFILIATED PARTIES OR AGENTS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, CENTURY, AND CENTURY’S AFFILIATED PARTIES OR AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You agree to defend, indemnify and hold harmless Century, its subsidiaries, affiliates, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, demands, and expenses, including attorneys’ fees, arising out of your use of the Website, your Submissions, and your use of the Services, including but not limited to out of your violation of any representation or warranty contained in these Terms of Service.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless CENTURY and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms of Service
The Website, including these Terms of Service, may be changed at the sole discretion of Century and without notice. You shall be bound by any such updates or changes, so you should periodically review these Terms. If any modification is not acceptable to you, your sole remedy and recourse is to discontinue use of the Website and/or the Services.
These terms control the relationship between CENTURY and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
The laws of California, U.S.A., excluding California’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms of Service or the Website. All claims arising out of or relating to these Terms of Service or the Website will be litigated exclusively in the federal or state courts of Orange County, California, USA, and you and Century consent to personal jurisdiction in those courts.
The United Nations Convention on Contracts for the International Sale of Products is excluded and does not apply to these Terms of Service.
If any portion of these Terms of Service is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral.