Merchant Account Underwriting Tools

Terms

Terms and Conditions. Acquirer Risk Management Solutions, Inc d/b/a ARMS, d/b/a Virtualsites, d/b/a Fastback.biz,Inc d/b/a Fastback Reports (ALL HEREIN AFTER REFERRED TO AS ARMS)reserves the right to reject this Application and Agreement without reason or for any reason whatsoever, without recourse against ARMS or any of its employees, officers, directors, agents, affiliates, or other designees.

Additionally, the applicant hereby authorizes ARMS to independently verify the information provided in your application.

We accept MasterCard, Visa and American Express for payment. For security and authentication purposes, we require the account holder to provide the address to which the credit card company mails the monthly statement. By choosing to have a credit card billed directly by ARMS I hereby authorize ARMS to bill this credit card for the charges incurred for use of ARMS services. The charge per report is as indicated on the current website pricing page or as defined in a separate Agreement with the client. Additionally, I hereby agree that if the credit card company refuses to pay ARMS for such charges incurred for use of the ARMS service, the applicant shall be responsible for the payment of such charges.

Access to ARMS may require 3rd party software. These include but are not limited to the following minimum requirements:

Adobe Reader version 6.0 A compliant internet browser such as: Mozilla FireFox 1.7 Opera Browser 7.5 It is the applicants responsibility to have minimum software, and related hardware, installed to access ARMS.

INDUSTRY CLASS: To qualify, client must be in financial services such as banking or credit card merchant processing.

TERMS AND CONDITIONS OF USE

Fair Credit Reporting Act (FCRA Gramm-Leach-Bliley Act (GLB) (The information that the ARMS service provides to the end user may contain consumer identification information governed by the FCRA or the GLB. In accordance with these acts, such information may only be used for the following purposes:
1. Completion of a transaction authorized by the consumer.
2. Application Verification
3. Fraud detection and prevention.
4. Required institutional risk control.

TERMS AND CONDITIONS

RESTRICTED LICENSE. ARMS hereby grants to Customer a restricted license to use the ARMS services in accordance with the acceptable use(s) identified by Customer in the ARMS Application and Agreement. The ARMS Application and Agreement has identified industry-specific appropriate uses for which its services are to be used, and Customer agrees to state its appropriate use for any requested information prior to accessing it, to limit its use to those stated purposes, and to take appropriate measures so as to protect against the misuse of information provided pursuant to the ARMS Services. Customer also agrees that it shall not access the ARMS services from Internet Protocol addresses located outside of the United States and its territories without ARMS’s prior written approval. Customer shall not use the information provided hereunder for any purpose that would violate the privacy obligation policy and any other terms and provisions of the Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), the Federal Drivers Privacy Protection Act (18 U.S.C. § 2721 et seq.), or any similar state or local statute, rule, or regulation. Customer shall not use the ARMS services for marketing purposes nor for the purpose of serving as a factor in establishing a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes. Customer shall abide by such legislation and rules and regulations as may be enacted or adopted after the date hereof. Customer agrees that if ARMS determines or reasonably suspects that Customer is engaging in marketing activities, reselling or brokering the ARMS services’ programs or computer applications, or otherwise violating any of the laws or regulations described in these terms and conditions, ARMS may immediately terminate the delivery of, and the license to use, the services. Use of the ARMS Inc services is expressly conditioned upon acceptance of and agreement to terms contained herein (“Terms”).

PERFORMANCE. ARMS will use reasonable efforts to deliver the services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the services; provided, however, that the Customer accepts all information “AS IS.” Customer acknowledges and agrees that ARMS obtains its data from third-party sources, which may or may not be completely thorough and accurate, and that Customer shall not rely on ARMS for the accuracy or completeness of information supplied in using the services. Coverage of records we search are defined on the ARMS website under Coverage. . If other record searches are needed, client may contact ARMS directly at 877/419-3607. Additional charges may apply.

CHARGES. For each response to a request for information, Customer agrees to pay to ARMS for use of the services the applicable charge then prevailing for the information requested. Customer shall pay to ARMS fees in accordance with the prices as updated from time to time through online announcements, customer bulletins, and published price schedules. ARMS is not responsible for ensuring delivery of such updates, changes, additions, or deletions to any of its policies that may occur from time to time, and it is the Customer’s responsibility to check the ARMS website and/or publications for such notifications. All current and future ARMS pricing documents are deemed incorporated herein by reference.

INTELLECTUAL PROPERTY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the ARMS services’ programs or computer applications. Customer acknowledges that ARMS(and/or ARMS third-party data providers) shall retain all right, title, and interest in and to the data and information provided by the ARMS services under applicable contractual, copyright, and related laws, and Customer shall use such materials consistent with ARMS’ interests and notify ARMS of any threatened or actual infringement of ARMS rights.

PAYMENT OF FEES. Customer shall be responsible for payment for all services obtained through Customer’s access identification code, whether or not such code is used by Customer or a third party, whether with or without Customer’s consent, provided access to Customer’s access identification code is not the result of use by a person formerly or presently employed by ARMS or who obtains the code by or through a break-in or unauthorized access of ARMS offices, premises, records or documents, or computer system. Customer agrees that at all times during the term of this Application and Agreement it shall keep all passwords for use of ARMS services confidential and shall provide such passwords only to individuals that have a need to know. Customer shall pay ARMS for all charges incurred for the use of the ARMS services on an “as used” basis via credit card number on file.

TERM OF AGREEMENT. This Application and Agreement is for services rendered and shall be in full force and effect during such periods of time during which ARMS is providing services for Customer. Customer agrees that if it is found to be in violation of any specifications of this Application and Agreement, ARMS has the right to immediately terminate Customer’s access to the ARMS services.

GOVERNING LAW. The Terms and Conditions of Customer’s use of the ARMS services shall be governed by and construed in accordance with the laws of the State of North Carolina, without effect to conflict of law principles. Additionally, any action brought pursuant to Customer’s use of the ARMS services or pursuant to the terms and conditions of this Application and Agreement shall be brought within the jurisdiction of the courts of Wake County, North Carolina.

ASSIGNMENT. The license granted pursuant to this Application and Agreement to Customer to use the ARMS services may not be assigned by Customer, in whole or in part, without the prior written consent of ARMS For purposes of this Application and Agreement, a change in control of Customer of twenty percent (20%) or more shall constitute an assignment.

WARRANTIES/LIMITATION OF LIABILITY. Neither ARMS nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, ARMS and its data providers are hereby collectively referred to as “ARMS”) shall be liable to Customer (or to any person claiming through Customer to whom Customer may have provided ARMS service-related data) for any loss or injury arising out of or caused in whole or in part by ARMS acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering the ARMS services. If, notwithstanding the foregoing, liability can be imposed on ARMS then Customer agrees that ARMS aggregate liability for any and all losses or injuries arising out of any act or omission of ARMS in connection with anything to be done or furnished under this Application and Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed $100.00; provided, however, that such limitation of liability shall not apply to ARMS indemnification obligation detailed in Section 10 hereof; and Customer covenants and promises that it will not sue ARMS for an amount greater than such sum even if ARMS and/or third parties were advised of the possibility of such damages and that it will not seek punitive damages in any suit against ARMS, ARMS does not make and hereby disclaims any warranty, express or implied, with respect to the ARMS services provided hereunder; provided, however, that ARMS does hereby warrant that ARMS has complied with the law, and applicable third-party data provider contracts in providing the services.ARMS does not guarantee or warrant the correctness, completeness, merchantability, or fitness for a particular purpose of the services or the components thereof or information provided hereunder. In no event shall ARMS be liable for any indirect, incidental, or consequential damages, however arising, incurred by Customer from receipt or use of information delivered hereunder or the unavailability thereof.

INDEMNIFICATION. Customer hereby agrees to protect, indemnify, defend, and hold harmless ARMS from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in any way related to use of information received by Customer (or any third party receiving such information from or through Customer) furnished by or through ARMS, ARMS hereby agrees to protect, indemnify, defend, and hold harmless Customer from and against any and all costs, claims, demands, damages, losses, and liabilities (including attorneys’ fees and costs) arising from or in any way related to a breach by ARMS f the warranty made by ARMS regarding authorized provision of the data in Section 9 hereof.

SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims, indemnification, use of information and data, payment for ARMS Services and disclaimer of warranties shall survive any termination of the license to use the ARMS services.

AUDIT. Customer understands and agrees that in order to ensure compliance with the GLB, the DPPA, and other similar laws, ARMS will conduct periodic reviews of Customer activity and may, on a random basis, contact Customer to provide documentation of executed searches. ARMS shall also investigate all legitimate reports of abuse or misuse of ARMS services by Customer or others. Customer agrees to cooperate fully with any and all investigations. Violations discovered in any review by ARMS will be subject to immediate action including, but not limited to, suspension or termination of the license to use ARMS services, reactivation fees, legal action, and/or referral to federal or state regulatory agencies.

ATTORNEYS FEES. The prevailing party in any action, claim or law suit brought pursuant to this Application and Agreement is entitled to payment of all attorney fees and costs expended by such prevailing party in association with such action, claim or law suit.

CUSTOMER CHANGE. Customer shall notify ARMS immediately of any changes to the information on Customer’s Application for ARMS services. ARMS reserves the right to terminate Customer’s access to the ARMS services or terminate license to use the ARMS services without further notice upon receipt of any change in Customer’s status which in ARMS sole discretion would cause Customer to be unable to comply with its obligations under this Application and Agreement.

RELATIONSHIP OF PARTIES. Customer shall at no time represent that it is the authorized agent or representative of ARMS.

CHANGE AGREEMENT. By receipt of the ARMS services, Customer agrees to, and shall comply with, changes to the Restricted License and changes in pricing as ARMS shall make from time to time by notice to Customer via e-mail, online click wrap amendments, facsimile, mail, or other written notification. All e-mail notifications shall be sent to the individual named in the Account Contact Information section (Part 1, Section B), unless stated otherwise in this Application and Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all prior representations, agreements, and understandings, whether oral or written. Any new, other, or different terms supplied by the Customer beyond the Terms contained herein, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by ARMS unless ARMS agrees to them in a signed writing specifically including those new, other, or different terms. The Terms contained herein shall supersede and govern in the event of a conflict between these Terms and any new, other, or different terms in any contract which this Agreement is referenced or made a part of. In the event any one or more provisions of this Agreement or of any exhibit is held to be invalid or otherwise unenforceable, the enforceability of the remaining provisions shall be unimpaired.

AUTHORIZATION AND ACCEPTANCE OF TERMS

I HEREBY CERTIFY that I am authorized to execute this Application for ARMS services and Agreement on behalf of the Applicant. Further, I hereby certify that the Applicant agrees to the terms and conditions set forth in this Application and Agreement.

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