LEGAL DISCLAIMER

Disclaimer of Third Party Representations & Warranties

TrustCommerce makes no warranties and representations other than those expressly stated within their terms of use Agreement.  The suite of TrustCommerce products and services may be utilized in conjunction with other third party products and services.  WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS, PRODUCTS OR SERVICES EXECUTED THROUGH A THIRD PARTY, OR BY A THIRD PARTY IN CONNECTION WITH A TRUSTCOMMERCE PRODUCT OR SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OFFERINGS OR SERVICES THROUGH A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US. TrustCommerce does not warrant or represent that any third party provider is compliant with federal, state or local laws and regulations. Furthermore, as it relates to third party products and services and without limitation, TrustCommerce makes no warranties or representations as to the storage, handling, processing and transmission of a cardholder’s data to any particular standards such as the Payment Card Industry Data Security Standard.  TrustCommerce, nor any of its affiliates make any warranties and representations regarding the performance and security of any third party system.

THE USE OF THIRD PARTY PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU EXPERIENCE AS A RESULT OF YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES. ANY WARRANTY THAT IS PROVIDED BY A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the TrustCommerce products and services shall be limited to the amount you paid us for our products and services purchased from TrustCommerce during the prior six (6) month period before the occurrence of the act giving rise to the liability.

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR PRODUCTS AND SERVICES OR ANY THIRD PARTY PRODUCTS AND SERVICES REFERENCED BY TRUSTCOMMERCE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY, INCLUDING WITHOUT LIMITATION THE PROCESSING OF PAYMENTS

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.