TERMS AND CONDITIONS

TERMS AND CONDITIONS

This website and its contents are the property of the U.S. Faster Payments Council, Inc. (“FPC”). This web page states the “Terms and Conditions” for the use of the FPC website, www.fasterpaymentscouncil.org (the “Website”). By using the Website, you agree to be bound by these Terms and Conditions. FPC may revise these Terms and Conditions at any time by updating this posting. The terms “You” and “User” are used to refer to anyone who is accessing the Website. If you are using the Website on behalf of a company or other legal entity, such entity may have a separate agreement with FPC, but you are nevertheless individually bound by these Terms and Conditions. For our privacy practices, please see our Privacy Policy.

IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.

Ownership of Copyrights, Trademarks and Other Intellectual Property

The entire contents of the Website, including the text, graphics, images, logos, button icons, HTML code, and other “material” are copyrighted by FPC under the copyright laws of the United States. User agrees not to remove or obscure copyright notices appearing on the Website. FPC grants no copyright or ownership interests to User for any of the material and proprietary information referred to herein belonging to FPC; limited use of the materials is permitted only as expressly stated in the terms below. Permission to the Website content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to info@fasterpaymentscouncil.org

Permitted Uses of Materials

Below are selected permitted and prohibited uses of FPC materials that are posted on the Website.

  1. Anyone who is doing personal, noncommercial research may view, print material, and temporarily store materials from the Website, provided that FPC’s copyright notices are not removed and that the reuse of material does not conflict with any of the prohibited uses below.
  2. Any use other than as described in paragraph 1 above requires prior written permission from FPC. Please direct any request by emailing info@fasterpayments.org
  3. User’s Link: you may link or post the link of this Website to any document or location. FPC does not have any control over link(s) made to any document or location at the Website, and is not responsible for any of the content linking to the Website.

Prohibited Uses of Materials

  1. Except for the permitted uses above, User agrees not to reproduce, distribute, transmit (via print, fax, electronic, or other means), modify, alter, or create derivative works of the materials contained in the Website without prior written permission from FPC.
  2. User agrees that materials may not be commercially exploited or sold to third parties without prior written authorization from FPC.
  3. User agrees that materials may not be systematically stored on a server so as to substitute for the purchase of a subscription and/or license agreement to/for the materials.

Name and Logo

User agrees not to use the name, trademark, and logos of U.S. Faster Payments Council and USFPC for any purpose without the prior written authorization FPC.

Website Security

Interference with Website operation: User agrees to not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. User agrees to not attempt to interfere in any way with the operation of the Website, that User will not transmit any virus or worm to the Website, that User will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that User will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited and improper emails to other users of the Website that are irrelevant to the FPC community. User further agrees that User will not attempt to access portions of the Website that are not intended for User’s use, that User will not attempt to log on to a server or account that User is not authorized to access, and that User will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

Alteration of Website content: None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation, or otherwise), resold or redistributed without the prior written permission of FPC.

Violation of Website security: Users are prohibited from violating or attempting to violate the security of the Website. This site has security measures in place to protect the loss, misuse, and alteration of the information under our control.

Compliance: User agrees to comply with all applicable laws, as well as with these Terms and Conditions. User agrees not to engage in any unlawful or commercial activity on the Website. Please see our Privacy Policy for further details concerning the Website’s privacy practices.

Registration and Password

Users are responsible for maintaining the confidentiality of their information and password. User is responsible for all use associated with User’s registration and the compliance with all Terms and Conditions. User agrees to immediately notify FPC of any unauthorized use of your password or account or any other breach of security.

Terms of Use for Member Directory

By using FPC’s Member Director via the Website, you hereby accept and agree to be bound by the following terms and conditions: The Member Directory and all content are proprietary to FPC. The content of the Directory may not, in whole or in part, be reproduced, republished, duplicated, disseminated, downloaded, entered into a computer database, used as part of or in connection with the preparation, revision, or confirmation of a commercial mailing, database, telephone, fax, email, or other marketing list, or otherwise utilized, in any form or manner or by any means, except for the user’s individual personal or professional use, or upon prior written permission by FPC on a limited case-by-case basis. The presence of information about FPC members in this Directory represents only that these individuals are members in good standing of FPC; it does not represent their consent to allow any other professional, personal, or commercial use of the Directory information by third parties, or to receive any marketing or related communications, except that inquiries to obtain professional services from potential customers or the public may be made directly to the members.

Termination of Account

FPC reserves the right, at its sole discretion, to pursue all of its legal remedies, including, but not limited to deletion of User’s postings from the Website and immediate termination of User’s registration with the Website or ability to access the Website and/or any other service provided to User by FPC, upon any breach by User of these Terms and Conditions or if FPC is unable to verify or authenticate any information User submits to the Website for registration. FPC shall not be liable to User nor any third party for any termination of User’s account or access to the Website.
Waiver of Liability

FPC does not screen or censor User-generated content made available on the Website. FPC is NOT LIABLE for any content posted on the website. User assumes all risks associated with dealing with other users with whom User comes in contact through the Website. Should a dispute arise between User and another user, User hereby agrees to release FPC from all claims, demand, and damages associated with such a dispute.

IN NO EVENT SHALL FPC OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FPC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Warranties

THE CONTENT THAT IS POSTED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. FPC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, THE MATERIAL OR OTHER POSTED CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

THE WEBSITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. FPC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF COPYRIGHT TO THE FULLEST EXTENT PERMITTED BY LAW.

FPC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, FPC IS NOT RESPONSIBLE FOR THOSE COSTS.

Links to Other Sites

The Website may contain links to third-party websites. These links are provided solely as a convenience to User and not as an endorsement by FPC of the third-party or the contents of such third-party websites. Because we do not have any control over such third-party websites, FPC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. Linking to third-party websites is performed at User’s own risk.

Indemnity

User agrees to defend, indemnify, and hold harmless FPC, its officers, directors, employees, members, and agents, from and against any claims, actions or demands, including without limitation reasonable attorneys’ fees, resulting from your use of the Website or your breach of the Terms of Use, including, without limitation, your submission of content that violates third party rights or applicable law. FPC shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding.

Foreign Access

If User accesses this Website from outside the United States, User does so at User’s own risk. User agrees to comply with all applicable local rules and laws regarding the transmission of technical data exported from the United States or the country in which you reside.

OUR OPERATIONS ARE CONDUCTED WITHIN THE UNITED STATES. OUR SERVICES ARE INTENDED FOR USE BY RESIDENTS OF, OR VISITORS IN, THE UNITED STATES ONLY. OUR SERVICES ARE NOT INTENDED FOR USE OR ACCESS OUTSIDE OF THE UNITED STATES, ALTHOUGH WE DO NOT GENERALLY PROHIBIT USE OF THE WEBSITE BY OR PROVISIONING OF ANY OF THE SERVICES TO ANYONE OUTSIDE OF THE UNITED STATES. If you access the website from outside of the United States, your connection may be through and to servers located in your country or in the United States, or even in other countries where our service providers may process data. Any personal information you provide may be processed and maintained in the United States on servers and/or other network systems operated by or for our benefit. Regardless of where you live, your use of the website constitutes your affirmative consent to have your personal information transferred, processed and stored in the United States, and to allow us to use and collect your personal information in accordance with our Privacy Policy. IF THE JURISDICTION IN WHICH YOU ARE LOCATED OR YOUR COUNTRY OF ORIGIN HAS LAWS OR REGULATIONS WHICH REQUIRE THAT YOUR PERSONAL INFORMATION BE RECEIVED USED, SAVED, TRANSFERRED AND/OR OTHERWISE HANDLED IN A MANNER DIFFERENT THAN AS STATED IN OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO UTILIZE THE WEBSITE AND ANY SERVICES WE MAY PROVIDE. IF YOU ACCESS THE SERVICE FROM AND/OR RESIDE OUTSIDE OF THE UNITED STATES, YOUR INFORMATION MAY BE STORED, TRANSMITTED AND SHARED IN ACCORDANCE WITH U.S. PRIVACY AND DATA PROTECTION LAWS WHICH MAY NOT BE EQUIVALENT TO THOSE IN EFFECT IN YOUR COUNTRY. YOU EXPRESSLY AGREE THAT YOU WILL NOT USE THE WEBSITE OR ANY OF OUR SERVICES WITH ANY EXPECTATION OF GREATER PRIVACY RIGHTS THAN THOSE TO WHICH YOU HAVE EXPRESSLY AGREED AS STATED HEREIN AND IN OUR PRIVACY POLICY.

Governing Law

These Terms and Conditions are governed by laws of the state of Delaware. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state or federal courts within the state of Delaware. If any provisions of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.

Effective Date: November 2018