1. Acceptance of Terms
Anyone accessing, utilizing, registering, accepting, uploading, submitting or downloading any information or content (hereinafter “User”) shall be subject to the Terms. Accessing, utilizing, registering, accepting, uploading, submitting or downloading any information or content of the Web Sites (hereinafter collectively “Use”) shall constitute acceptance of the Terms by User. RDC reserves the right to modify the Terms at any time without notice and User agrees that it is the sole responsibility of the User to review the Terms to become aware of any additions, revisions, or modifications.
2. Description of Web Site Services
The Web Sites provide Users with access to an assortment of content and online resources, including but not limited to various communication tools, online forums, services, and vendor referrals. Unless explicitly stated otherwise, the Web Sites, including the release of new or specialized Company web based services and features, are subject to the Terms. Various instances may exist where the User shall accept the Terms and a separate end user license or licenses which will apply to a service or product offered by RDC and/or its Web Sites. RDC may add, change, remove, suspend, discontinue, and impose limitations on features and services, as well as restrict access to any aspect of the Web Sites at any time without notice or liability. The Web Sites may be accessed via the Internet; however, RDC will not provide any equipment necessary in order for the User to make a connection to the Internet and access the Web Sites.
3. Intellectual Property License
The past, present and future Web Sites’ content, including, without limitation, grouping, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, trademarks, logos, domain names, trade names, service marks, trade identities, any other copyrightable material (including source and object code) and all other materials related to the Web Sites, including but not limited to “Look and Feel” of the Web Sites (hereinafter collectively, "Content") are protected by applicable copyrights and other proprietary (including, but not limited to, intellectual property) rights. The Content is the property of RDC, its subsidiaries, affiliates, or its respective licensors. Except as expressly set forth in the Terms or expressly granted to the User in writing by RDC, no rights in the Content shall be granted to the User. The copying, reproduction, rearrangement, sales, leasing, renting, distribution, redistribution, modification, downloading, exchanging, creating of derivative works, uploading, posting, transmitting, or publication by a User of Content except pursuant to the limited rights granted hereunder, is strictly prohibited. The User further agrees to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Web Sites. Any copying, archiving or storing of any of the Web Sites for any purpose other than expressly permitted by the Terms is prohibited unless prior written permission from Company or the respective applicable copyright holder is received.
4. Links To Other Web Sites
5. RDC Linking Policy
Any web site that links to the Web Sites must comply with the following requirements: (a) The linking web site must not frame or create a browser or border environment around any of the content of the Web Sites; (b) The linking web site may link to, but not replicate, the Content; (c) The linking web site must not imply that RDC or the Web Sites are endorsing or sponsoring it or its products, unless RDC has given its prior written consent; (d) The linking web site must not present false information about RDC or its products or services; (e) The linking web site must not use any RDC or RDC licensed trademarks without the prior written permission from RDC or its respective licensors; and (f) The linking web site must not contain content that could be construed as distasteful, offensive or controversial. Linking to any of the Web Sites constitutes acceptance of RDC’s linking requirements. Notwithstanding anything to the contrary contained in the Terms, RDC reserves the right to deny permission to link to the Web Sites for any reason.
6. Acceptable Use and Web Sites’ Code of Conduct
7. User Account and End User License Agreements
The Web Sites may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is the User’s responsibility to review those rules to determine whether or not User’s participation, registration or entry will be valid or restricted.
Any software that is made available for download or Use from the Web Sites and/or our servers (hereinafter "Software") is the copyrighted work of RDC or its respective licensors or suppliers. User’s Use of the Software may be governed by the terms of an end user license agreement that accompanies or is included with the Software (hereinafter "License Agreement"). Please carefully read the respective License Agreement(s) and the Terms to determine the conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT APPLICABLE TO SUCH SOFTWARE.
10. Copyrights and Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide RDC’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit RDC to locate the material; (d) information reasonably sufficient to permit RDC to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RDC's copyright agent for notice of claims of copyright infringement on or regarding the Web Sites can be reached as follows:
Remote Deposit Capture, LLC
12850 Hwy 9
Suite 600, PMB 320
Alpharetta, Georgia 30004
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
It is RDC’s policy is to terminate User accounts who (in our sole discretion) are repeat copyright infringers.
11. Remote Deposit Capture Solution Finder, Referrals, and Third Party Content
The Web Sites contain Content that is provided for its User’s convenience and enjoyment including but not limited to access to referrals to merchants and vendors (hereinafter “Referrals”). Referrals and other third parties provide some of the Content contained on the Web Sites. User should be aware that the Content may contain errors, omissions, inaccuracies, and possible outdated information and content. The Content may also be subject to terms and conditions, which may be found on the Web Sites or in the documents and policies of the Referrals or third parties. RDC makes no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any inaccuracies.
The Remote Deposit Capture Solution Finder is a subscription service and use of any trade, firm or corporation name is for the convenience of the user. Reference to any trademark, proprietary product or service or company name does not consitute or imply an official endorsement or approval of any of the products or services of any subscribers, participants or referral partners of the Remote Deposit Capture Solution Finder by Remote Deposit Capture, LLC. Remote Deposit Capture, LLC does not exercise any editorial control over information found on external links that may be contained in the e-mail or any attachments. Statements expressed in the e-mail or any attachments do not necessarily state or reflect those of Remote Deposit Capture, LLC but may be consistent with Remote Deposit Capture Solution Finder.
Any reference to Remote Deposit Capture “Qualified Lead” or “Qualified Leads” shall mean the Remote Deposit Capture Solution Finder subscription service’s general sequence for lead qualification as outlined below:
1) A lead submits their request via the online form at RemoteDepositCapture.com;
2) A RemoteDepositCapture.com staff member contacts the lead via phone to ensure the lead has given valid contact information and to gather additional information regarding their lead submission;
3) RemoteDepositCapture.com sends an “opt-in” email to Remote Deposit Capture Solution Finder participants (hereinafter “Participant”). The opt-in email contains key information about the lead and price to receive the lead, but not the contact information for the lead;
4) In order for the Participant to view the detailed lead information, the Participant must click on the link in the email “click here to accept”. This will open a new browser window;
5) In the new browser window, the Participant checks the box to accept the Terms and Conditions and click the “ACCEPT LEAD” button;
6) Upon the Participant clicking the “ACCEPT LEAD” button, the detailed contact information of the lead is displayed. Additionally, an email containing the detailed lead information is sent to individuals on the Participant’s organization email distribution list.
7) If the Participant is unable to click on the link, the Participant is to reply to the email.
8) If the maximum number of solution providers has been reached or if the lead has already been accepted by someone in the Participant’s organization, the Participant will immediately be notified upon clicking on the link in the email.
Referrals or third party advertisers may also subscribe for a fee to the Web Sites and offer goods, services and other materials (hereinafter collectively “Advertisers”) to Users on the Web Sites. User correspondence and business dealings with Advertisers and/ or other third parties found on or through the Web Sites including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between or among the respective User, Advertisers and/ or third parties. User further agrees that in no event shall RDC be responsible or liable to User or to any third party for any direct or indirect, special, incidental, or consequential damages in connection with or arising from Use of the Web Sites including but not limited to damages, incurred as the result of any dealings with Advertisers or third parties found the Web Sites, from errors, omissions, or delays that may be attributed to Use of any product, support, services, information, or software from the Web Sites, including but not limited to lost profits or lost data, even if RDC has been advised of the potential possibility of such damages. Any descriptions of, or references to, products, services of Advertisers or publications within the Web Sites do not constitute an endorsement of that product, service or publication by RDC.
12. Submitted Information
The Web Sites contain functionality which allows Users to submit information, data, software, messages, photographs, audio, video, text and other materials to the Web Sites (hereinafter "Upload Information"). The Web Sites offer forums, bulletin boards, comment systems, wiki, chat rooms, other interactive areas and other forms of technology (hereinafter "User Forums") where Users are allowed to Upload Information. RDC, its subsidiaries or affiliates or the respective individual directors, officers, employees, or other representatives of each (collectively, the “Company Entities and Individuals”) do not endorse the Content posted in User Forums. RDC reserves the right, but is not obligated, to delete, move or edit User Upload Information, in whole or in part at their sole discretion. RDC reserves the right to suspend or terminate User access to the Web Sites and pursue all legal remedies if RDC believes User’s Upload Information infringes another's copyright or otherwise violates the Terms contained herein, the law, any rule or any regulation. User acknowledges and agrees that accepting payment for Uploading Information, including, without limitation, accepting payment for the inclusion of a logo, brand or other commercial content, is prohibited. User acknowledges that User is solely responsible for their respective Upload Information. RDC shall not be responsible or liable for any of the User’s Upload Information including, but not limited to any errors or omissions, losses or damages incurred as a result of the posted Upload Information. User by the act of uploading or otherwise submitting Upload Information constitutes acceptance of the Terms. Further, User represents and warrants that all Upload Information is original work created by User or User has all necessary rights to post the Upload Information to the Web Sites under the Terms. User further represents and warrants that the Upload Information is not defamatory, or infringes upon, misappropriates, or violates any rights or law, rule or regulation. User agrees that User is solely liable for any and all costs, claims, investigations, liabilities created by, judgments, settlements, cost and expenses connected to or arising from the User’s breach of representations and warranties of the Terms.
User agrees and acknowledges that RDC, its subsidiaries, affiliates, and partners have no obligation to pre-screen Upload Information, but that RDC has the right, in its sole discretion to modify, transmit over various networks, move, block access to or remove any of the Upload Information. User agrees to evaluate, and bear all risks associated with the Use of the Web Sites and of any of the Upload Information.
13. Disclaimer of Warranties and Liability
THE WEB SITES, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEB SITES, ARE PROVIDED "AS IS," "AS AVAILABLE, " AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY ENTITIES AND INDIVIDUALS MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE WEB SITES; (B) THE CONTENT, SOFTWARE AND SERVICES ON AND PROVIDED THROUGH THE WEB SITES; (C) THE FUNCTIONABILITY MADE ACCESSIBLE ON OR ACCESSED THROUGH THE WEB SITES; (D) THE MESSAGES AND INFORMATION SENT FROM THE WEB SITES BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE WEB SITES OR HYPERTEXT LINKS TO OR BY ADVERTISERS AND / OR ANY THIRD PARTIES; (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITES OR ANY LINKED WEB SITE; AND/ OR (G) REFERRAL OR ADVERTISERS’ CONTENT, SERVICES OR PRODUCTS. RDC DOES NOT WARRANT THAT ANY OF THE WEB SITES' FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEB SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
RDC DOES NOT WARRANT THAT USER ACTIVITIES OR USE OF THE WEB SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, RDC SPECIFICALLY DISCLAIMS SUCH WARRANTIES. USER UNDERSTANDS THAT BY USING ANY OF THE FEATURES OF THE WEB SITES, USER ACTS AT THEIR OWN RISK. USER REPRESENTS AND WARRANTS THAT THIER ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE USER CAN ACCESS OR USE THE WEB SITES, THE CONTENT AND/ OR SERVICES. FURTHER, RDC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE.
COMPANY ENTITIES AND INDIVIDUALS SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITES INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THE TERMS.
USER UNDERSTANDS AND AGREES THAT RDC LIMITS ITS LIABILITY IN CONNECTION WITH USERS USE OF THE WEB SITES AS SET FORTH BELOW: UNDER NO CIRCUMSTANCES SHALL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO USER FOR ANY LOSS OR DAMAGES OF ANY KIND THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE WEB SITES, THE CONTENT, THE SERVICES OR UPLOAD INFORMATION; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEB SITES; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY RDC OR LAW ENFORCEMENT AUTHORITIES REGARDING USER’S USE OF THE WEB SITES, SERVICES OR CONTENT; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (5) ANY ERRORS OR OMISSIONS IN THE WEB SITES' TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEB SITES). IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO USER OR ANYONE ELSE FOR ANY LOSS OR INJURY.
THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY INTERFACE UTILIZED BY USER TO USE THE WEB SITES INCLUDING BUT NOT LIMITED TO DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
USE BY THE USER OF THE WEB SITES CONSTITUTES USER’S ACCEPTANCE AND UNDERSTANDING THAT ACCESS TO AND USE OF THE WEB SITES IS AT USER’S RISK. IF USER IS DISSATISFIED WITH THE WEB SITE OR ANY OF THE CONTENT, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE.
USER FURTHER UNDERSTANDS AND AGREES THAT IN THE EVENT ANY DAMAGES, LOSSES OR INJURIES ARISE OUT OF COMPANY ENTITIES AND INDIVIDUALS’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO USER ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE USER TO AN INJUNCTION OF ANY NATURE AGAINST THE COMPANY ENTITIES AND INDIVIDUALS OR THE WEB SITE.
USER UNDERSTANDS AND AGREES THAT USE OF THE WEB SITES CONSTITUTES A WAIVER OF USERS RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
USER AGREES AND ACKNOWLEDGES BY USE OF THE WEB SITES THAT IN THE EVENT ANY LIABILITY IS FOUND BY A COURT OF COMPETENT JURISDICTION TO THE USER, THAT THE COMPANY ENTITIES AND INDIVIDUAL’S TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
User agrees to defend, indemnify and hold harmless the Company Entities And Individuals with respect to any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys' fees arising out of or in connection with the Terms, including, without limitation: (a) User’s Use of the Web Sites; (b) User’s violation of the Terms or any law, rule or regulation; (c) User’s Use of the Content; or (d) any of User’s Upload Information. User shall fully cooperate as required by RDC in the defense of any claim. Notwithstanding the foregoing, RDC retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against RDC herein under the terms and provisions of this Section 14 and in no event shall User settle any such claim without RDC’s prior written approval.
15. Governing Law
The Terms shall be governed by and construed under the laws of the State of Georgia. In the event that any paragraph or paragraphs of the Terms shall be declared invalid or void by any court, such declaration shall not invalidate the Terms and all other paragraphs of the Terms shall remain in full force and effect.
16. Jurisdiction and Venue
User waives all rights to trial by jury in any action or proceeding instituted in connection with the Terms and/or the Web Sites. Any controversy or claim arising out of or relating to the Terms and/or the Web Sites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of Georgia, in the County of Fulton, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Any matters or proceedings that are not subject to arbitration as set forth in this Section 16 of the Terms and/or for entering any judgment on an arbitration award, shall take place in the State of Georgia, County of Fulton. User waives the defense of forum non conveniens.
User is solely responsible for compliance with the Terms, applicable laws, rules, and regulations in connection with the Use of the Web Sites and the Content, including, without limitation, those governing User’s transmission or Use of any service, software or data. The Terms and any applicable end user license or similar agreements contain the sole and entire agreement between the parties with respect to the Web Sites, the Content, the services offered and Upload Information and supersedes any and all other prior written or oral agreements between or amongst the parties. The section titles in the Terms are for convenience only and do not have any legal or contractual effect. User agrees that the Terms will not be construed against RDC by virtue of having drafted the Terms. If any provision of the Terms shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of the Terms. No waiver on the part of RDC of any of the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of RDC.
User understands and agrees that RDC shall determine compliance with the Terms in its sole discretion. RDC reserves the right to deny access to all or part of the Web Sites and to deny access to any person in its sole discretion without notice or liability of any kind. Any violation of the Terms may be referred to law enforcement authorities. Upon termination of User’s account or access to the Web Site, or upon demand by Company, User must destroy all materials obtained from this Web Site.