Terms of Use & Privacy Policy

TERMS OF USE

1. Use of paymentpros.org Systems and Content

You agree to use this website and mobile app only for lawful purposes related to your membership or possible membership in APP or related to your pursuit of the activities and programming supported by APP. You agree that you will NOT use it to:

• Upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, libelous, hateful, deliberately false or misleading, or racially, ethnically, or otherwise objectionable according to APP's community standards.
• Violate the legal rights of others (including their right to privacy) or violate the laws of any jurisdiction.
• Impersonate any person or entity, including, but not limited to, an APP system administrator, or misrepresent your affiliation with a person or entity.
• Upload or otherwise transmit data that you do not have the legal right to upload or transmit, that violates any patent, trademark, trade secret, or copyright, or that contains a virus or deliberately corrupted data. You acknowledge that you have full rights to transmit the data that you upload or post, and you accept full responsibility for its legality, reliability, and appropriateness.
• Collect information about others (including contact information and e-mail addresses) without their consent.
• Upload, store, maintain, forward, or display adult content, including documents and images of a lewd or lascivious nature. This website and the messages, documents, and images it contains may be viewed by children, so all users share responsibility for ensuring that content is appropriate.
• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of APP's electronic resources, or which, as determined by the APP Board, may harm APP, the users of the website, or expose them to liability.

APP reserves the right to remove any information or material from the website, without explanation, which we determine at our sole discretion, to be incompatible with the above restrictions, including anything that we believe, through our own research or notification by others, may constitute copyright infringement.
 
However, these actions will be performed on a best-efforts basis. APP cannot review all material that is posted to the website or mobile app, nor guarantee that objectionable material is immediately removed. Therefore, APP does not assume liability for any action or inaction regarding such material uploaded to the website or mobile app, or indeed, for the content itself.
 
If you believe that your intellectual property is being violated by something on this website or mobile app, please notify MAC immediately with sufficient documentation to allow us to identify the infringing material and its location, as well as your claim and authority to file this notification, and your contact information.

2. Your Account

If you are a member of APP you will receive a username and password which are used to log into your account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your account. If you are accessing this website from a shared computer (such as in a public library), you must be careful to log out of the account and close the browser before leaving the workstation. If you suspect that your account has been compromised in any way, you must notify APP immediately. APP will not be liable for any loss or damage arising from your failure to comply with the provisions in this section.

3. Promotional Content

If you participate as a APP Sponsor or Advertiser, you are solely responsible for all promotional content you transmit or submit to APP for distribution on its website and systems, whether created by or for you, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Promotional Materials"). Prior to providing any Ads and participating as a Sponsor or Advertiser, you may be required to read and accept additional written terms and conditions governing your submission of Promotional Materials to APP.  APP disclaims all liability relating to your Promotional Materials and you agree to indemnify APP for all losses it incurs associated with the Promotional Materials.

 APP does not represent or guarantee the truthfulness, accuracy, completeness, or reliability of Promotional Materials provided by Sponsors or Advertisers. Users of this site agree to hold APP harmless from any liability or injury arising from or related to your use of this information.

4. Online Discussion Forums and Alerts

APP may utilize tools to provide online discussion forums where members can exchange information with each other on different topics, such as job postings, fraud alerts, or other information.  The information in these postings is provided by the member who created the post. APP has not verified or certified the accuracy or completeness of this information, and will not be liable for any errors or omissions. You also agree to hold APP and its agents harmless from any liability or injury arising from your use of this information.

5. Credit Card Transactions

APP's website supports credit card transactions of various kinds. You acknowledge that you have carefully reviewed the summary of charges for each transaction before selecting the link or button to finalize the transaction. Credit card transactions may appear on your statement using “APP” or our current payment processor. If you do not understand a credit card transaction, contact us immediately at info@paymentpros.org.  If there has been an error, we will immediately reverse the transaction.

 
6. Intellectual Property Restrictions and Use of Content

The contents of APP’s systems, including documents, web pages, and photos, as well as APP-specific logos and graphic images, are copyrighted by APP and are protected by US and international laws regarding copyrights and trademarks. You agree that all messages and information that you post to this website or mobile app become the property of APP and may be used as it sees fit.
 
You are authorized to use this information as a member or prospective member of APP. You may not use this information to create competing or derivative works, nor may you distribute it to others as if it were your own. You are not permitted to reproduce, sell or use this information for any commercial purposes without APP's written permission.
 
This website may provide a facility that allows you to upload photos of club events or activities, and which allows other members to reproduce these photos for their own enjoyment but not for commercial purposes. When you upload a photo to the site, you agree to allow such non-commercial reproduction. When you download a photo from this site you agree that you will not use it for commercial purposes without first obtaining permission from the uploader.

APP and any logos, slogans, or tag lines are registered trademarks or trademarks of APP and may not be used in any commercial manner without written permission from APP. Other product or service marks contained herein are used for identification purposes only and may be registered trademarks or trademarks of their respective owners.

7. PAYMENTPROS.ORG Content and Resources

Paymentpros.org acts as a venue for the online association management services portal and guide. APP may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for APP, damage to APP’s brand or public image, or cause APP to lose (in whole or in part) the services of its ISPs or other suppliers. While APP reserves the right in its sole discretion to remove Content or other material from PAYMENTPROS.org from time to time, APP does not assume any obligation to do so and disclaims any liability for failing to take any such action.

The PAYMENTPROS.org Sites and Content may contain inaccuracies or typographical errors. APP makes no representations about the accuracy, reliability, completeness, or timeliness of any PAYMENTPROS.org Content. The use of all PAYMENTPROS.org Content is at your own risk. Changes are periodically made to PAYMENTPROS.org Sites and may be made at any time. PAYMENTPROS.org cannot guarantee and does not promise any specific results from the use of PAYMENTPROS.org or any APP Site. No advice or information, whether oral or written, obtained by you from PAYMENTPROS.org or through or from APP shall create any warranty not expressly stated herein.

8. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PAYMENTPROS.ORG SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT, OR COVENANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MAC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

IN NO EVENT SHALL APP, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

9. Disputes

With the possible exception of a violation or threatened violation of APP's intellectual property rights, any dispute related to your use of this website or mobile app, or to products or services purchased or obtained through this website or mobile app, shall be submitted to binding arbitration in California in accordance with the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. At APP’s sole discretion, intellectual property disputes may be handled through the appropriate state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
 
As outlined in the Privacy Policy referenced above, you also have rights under international data protection regulations, including the right to be deleted from APP's database, the right to object to processing, and the right to complain to a local Data Processing Authority.

10. Indemnification

You agree to indemnify and hold harmless APP, its officers, directors, employees, agents, affiliates, third-party information providers, licensors, and others involved in the development or maintenance of this website or mobile app, or the delivery of products or services through the website or mobile app, from and against any and all liabilities, expenses, damages, and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of this website or mobile app, or of any products, services or information obtained from this website or mobile app.

11. Third-Party Links

This website may contain links to other locations on the Internet not controlled or managed by APP. APP is not responsible for the quality, accuracy, or content of the information, products, services, or policies of these websites. Your use of such websites is at your own risk and subject to the terms and conditions of use for such websites. A reference or link from this website to any products, services, events, or information by trademark, trade name, or manufacturer does not constitute or imply an endorsement, sponsorship, or recommendation and cannot be referenced as such without the written permission of APP.

12. Termination

If you are a member of APP, APP reserves the right to close your account if you do not renew your membership when it is due to expire, in accordance with APP's bylaws and policies approved by its Board.  APP also reserves the right to terminate access to this website and refuse service to users who violate these Terms of Use or who we reasonably believe are not intending to use the platform for its intended purpose and to pursue legal remedies against persistent or serious offenders.

13. Miscellaneous

The use and operation of this website shall be governed by the laws of the State of California without regard to conflict of law provisions. If you sign up for a membership, register for an event, make a donation, or purchase products and services through this website from another country, you do so in accordance with US law.
 
If a court should hold any provision of these Terms invalid or unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable without losing its intent, or severed from these Terms if no such modification is possible, and other provisions shall remain in full force and effect.
 
MAC may modify these Terms at any time without notice by posting this amended and dated document to the website. You should check back periodically to see if anything has changed. Your continued use of the website indicates your acceptance of the revised Terms of Use.

These Terms constitute a binding agreement between you and APP and is accepted by you upon your use of the paymentpros.org site or its subdomains.

WEBSITE PRIVACY POLICY

This Privacy Statement sets forth the online data collection and usage policies and practices that apply to Paymentpros.org and does not apply to information we collect in any other fashion.

APP needs to gather and use certain information about individuals and organizations to provide services to those individuals and organizations. This can include members, customers, suppliers and partners, business contacts, employees, volunteers, and other people the organization has a relationship with or may need to contact.

This policy describes how this personal data must be collected, handled, and stored to meet APPs data protection standards — and to comply with legal requirements across jurisdictions.  APP’s full data privacy policy, as approved by the APP Board of Directors, is available upon request by contacting APP at info@PAYMENTPROS.org.

The intent of this policy is to ensure that APP:

• Complies with data protection laws and follows good practice
• Protects the rights of members, partners, employees, volunteers, and other related parties
• Is open about how it stores and processes individuals’ data
• Protects itself from the risks of a data breach
• Takes a “privacy-first” or “privacy-by-design” perspective when engaging in activities that touch or use an individual’s data
• Informs individuals of their responsibilities to ensure data privacy is maintained.

1. Collection of Information by PAYMENTPROS.org

By using PAYMENTPROS.org, we may request that you provide personal information, including your name, mailing address, email address, telephone number, and other generalized background information.

Moreover, there is information about your computer hardware and software that is or may be collected by us. This information can include without limitation your IP address, browser type, domain names, access times, and referring website addresses, but is not linked to your personal information. We also get information from your use of our services including how you use them.

Regarding IP Address and Clickstream Data, our server automatically collects data about your server's Internet address when you visit us. When you request pages from our website, our servers may log your IP Address and sometimes your domain name. Your IP Address is used to help identify you and to gather demographic information about our members and site visitors as a whole but does not include personally identifiable information. Our server may also record the referring page that linked you to us (e.g., another website or a search engine); the portions of PAYMENTPROS.org you visited; any search terms you entered on PAYMENTPROS.org or a referral site; and other web usage activity and data logged by our web servers.

2. Our Use of Your Information

We use the information we gather on PAYMENTPROSorg, whether personal, demographic, collective, or technical, for the purpose of operating and improving PAYMENTPROS.org, fostering a positive user experience, and delivering the products and services that we offer.

We may use your contact information to send you emails or other communications regarding updates at PAYMENTPROS.org or regarding your membership. The nature and frequency of these messages will vary depending on the information we have about you.

We additionally may employ Internet tracking and analytic tools such as Google Analytics to better understand and deliver a user experience. We also use the information that we gather for internal system administration, to help diagnose problems with our server, and to administer and improve our website.

Such information may also be used to gather demographic information, such as country of origin and Internet Service Provider. We may link this information with your Personal Information.

3. Disclosure of Personal Information to Others

We do not disclose your personal information to third parties, your combined personal and demographic information, or information about your use of PAYMENTPROS.org, except as follows;

• We disclose information to companies and individuals we employ to perform functions on our behalf, including hosting our Web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals may have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.
• We will share personal information with companies, organizations, or individuals outside of PAYMENTPROS.org if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to (1) meet any applicable law, regulation, legal process, or enforceable governmental request; (2) enforce applicable Terms of Service, including investigation of potential violations (3) detect, prevent, or otherwise address fraud, security or technical issues (4) Protect against harm to the rights, property or safety of PAYMENTPROS.org, our users or the public as required or permitted by law.

4. Use of Cookies and Local Storage

PAYMENTPROS.org may contain electronic images known as Web beacons (sometimes called single-pixel gifs) that allow us to count users who visited those pages. Web beacons are not used to access your personally identifiable information; they are a technique we use to compile aggregated statistics about our Web site usage. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the Web beacon resides. You may not decline web beacons, however, they can be rendered ineffective by declining all cookies or modifying your browser setting to notify you each time a cookie is tendered and permit you to accept or decline cookies on an individual basis.

5. Access to, Opt-Out and/or Modification of Your Information

Paymentpros.org may provide account holders with limited access to or the ability to modify their personal information. Whenever you use our services, we aim to provide you with access to your personal information. If that information is wrong, we strive to give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request.

If you are receiving newsletters, commercial emails, or other communications from Paymentpros.org, but subsequently change your mind, you may opt-out by selecting an appropriate link in those email communications as indicated for the opt-out or by sending an email to info@paymentpros.org. We retain indefinitely all the information we gather about you in an effort to make your repeat use of paymentpros.org more efficient, practical, and relevant.

To the extent that we utilize the Google Analytics tools available, you have options with respect to some of those tracking tools or features available at https://tools.google.com/dlpage/gaoptout/  

6. Security of Personal Information

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. We restrict access to personal information to Paymentpros.org employees, contractors, and agents who need to know that information in order to process it for us, and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

7. Children

Paymentpros.org is not intended for children under 18 years of age. We do not knowingly collect personal information from children under 18 without parental/guardian permission.

8. Changes to Privacy Statement

If we decide to materially change our Privacy Policy for paymentpros.org, we will post those changes through a prominent notice on the website so that you will always know what information we gather, how we might use that information, and to whom we will disclose it. If at any time, you have questions or concerns about this Privacy Policy or believe that we have not adhered to this Privacy Policy, please feel free to email us at info@paymentpros.org  

9. Contact Information

Paymentpros.org operates under the control of the Association of Payment Professionals, Inc., a California 501(c)(6) organization. We are a virtually distributed organization. Inquiries regarding where to send physical mail may be sent to info@paymentpros.org.  Although we strive to respond to all inquiries in two business days or less, depending on inquiry volume, time of year, and other factors, responses may on rare occasions take up to five business days.