Global Processor, Inc. Terms of Use

Last revised September 2, 2021

Terms Quick Reference

 

  1. Acceptance of the Terms of Use
  2. Changes to the Terms
  3. Permitted and Non-Permitted Uses of the Website
  4. Intellectual Property Rights
  5. Trademarks
  6. Monitoring and Enforcement; Termination
  7. Reliance on Information Posted
  8. Changes to the Website
  9. Information About You and Your Visits to the Website 10. Service Limitations
  10. Linking to the Website and Social Media Features 12. Disclaimer of Warranties
  11. Limitation on Liability
  12. Indemnification
  13. Governing Law and Jurisdiction
  14. Arbitration
  15. Limitation on Time to File Claims
  16. Waiver and Severability
  17. Assignment
  18. Entire Agreement
  19. Your Comments and Concerns

 

  1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Global Processor, Inc. (“Global Processor,” “we,” “our,” or “us”). The following terms and conditions, together with any documents that they expressly incorporate by reference shall be referred to as the “Terms” and shall govern your access to and use of the Global Processor website, including the below “website”:globalprocessor.com

including any content and functionality of the website.

Please read these Terms carefully before you start to use the website. These Terms will, among other things:

 

By using the website you agree to be bound and abide by these Terms and our Privacy Policy, which can be found at https://globalprocessor.com/privacy-policy/ and is incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the website.

  1. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Error! Reference source not found. will not apply to any disputes for which the parties have actual notice before the date the change is posted.

You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

  1. Permitted and Non-Permitted Uses of the Website

You may use the website only for lawful purposes and in accordance with these Terms. You agree not to use the website:

 

4.Otherwise attempt to interfere with the proper working of the website. Intellectual Property Rights

The website, including its content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (“Global Processor Content”) are owned or licensed by Global Processor, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Global Processor Content is not sold or transferred to you, and Global Processor and its licensors retain ownership of all copies of the Global Processor Content. You obtain no license to use the Global Process Content other than for your own personal, non-commercial enjoyment. Use of the Global Processor Content for any non-personal or commercial purposes without Global Processor’s written permission is a violation of these Terms.

  1. Trademarks

Global Processor’s name, the terms “Global Processor” and Global Processor logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Global Processor or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

  1. Monitoring and Enforcement; Termination

We have the right to:

 

  1. Reliance on Information Posted

The information presented on or through the website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Global Processor website, or by anyone who may be informed of any of its contents.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials or information provided by any third parties.

  1. Changes to the website

We may update the website or its content from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the website may be out of date at any given time, and we are under no obligation to update such material.

  1. Information About You and Your Visits to the Website

All information we collect through the website is subject to our Privacy Policy, which is hereby incorporated by reference. By using the website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Service Limitations

We shall make reasonable efforts to keep the website operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the website, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the website or any function or feature thereof. You understand, agree, and accept that Global Processor will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the website, or to provide all or any specific content through the website.

  1. Linking to the Website and Social Media Features

You may link to our homepage of the website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice.

  1. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED, OR ON ANY THIRD-PARTY WEBSITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER GLOBAL PROCESSOR NOR ANY PERSON ASSOCIATED WITH GLOBAL PROCESSOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER GLOBAL PROCESSOR NOR ANYONE ASSOCIATED WITH GLOBAL PROCESSOR REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY COMMUNICATIONS OR INFORMATION OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, GLOBAL PROCESSOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

 

  1. LIMITATION ON LIABILITY

 

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL GLOBAL PROCESSOR, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY SITE LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

  1. Indemnification

You agree to defend, indemnify, and hold harmless Global Processor, its affiliates, licensors, and service providers, and its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the website, including, but not limited to, any use of the website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the website.

  1. Governing Law and Jurisdiction

All matters relating to the website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  1. Arbitration

Notwithstanding the above, at Global Processor’s sole discretion, we may require you to submit any disputes arising from these Terms or use of the website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by Global Processor of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Global Processor to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

  1. Assignment

Global Processor may assign these Terms, and any of its rights under the Terms, in whole or in part, and Global Processor may delegate any of its obligations under the Terms. You may not assign the Terms, in whole or in part, nor transfer or sub-license your rights under the Terms, to any third party.

  1. Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Global Processor regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the website.

  1. Your Comments and Concerns

The website is operated by:Global P rocessor, Inc.

Address: 29800 Agoura Road, Suite 210Agoura Hills, CA 91301 Contact Information: Info@globalprocessor.com

All other feedback, comments, requests for technical support, and other communications relating to the website should be directed to: Info@globalprocessor.com.

4816-5402-3163.1