Terms of Use

INTRODUCTION

Risqlogic. (“Company”), maintains this website (the “Site”) as part of a service to its customers. By using the Site or any current or future service(s) provided to you by the Company (collectively the “Services”) in accordance with an applicable service agreement (“Service Agreement(s)”), you are agreeing to comply with and be bound by the terms and conditions of these Terms of Use and any rules, regulations, policies, and procedures that may be modified from time-to-time on the Site (collectively, the “Terms”). The Terms govern your access to and use of the Site, the Services and any information, products, software, and/or features made available to you. By accessing and using the Site, you accept and agree to the Terms without limitation and qualification. If you do not agree with these Terms then you are not permitted to use the Site.

USE OF THE RISQLOGIC SITE

Access to and use of the Risqlogic Site is conditioned upon your compliance with all applicable international, federal, state and local laws and regulations. Unless specifically permitted otherwise, you may download materials displayed on the site for your own, personal, non-commercial use. You are not authorized to distribute, modify, copy, publish, display, sell, license, transmit, use, reuse, or create derivative works of any of the content or materials displayed on the Site for any commercial purpose without the explicit written consent of the Company.

Your use of this Site and the content set forth herein is conditioned upon you not conducting your business or engaging in the following: (1) any action that violates state, local, federal or international laws, statutes or ordinances, including but not limited to violations of the Credit Card Network rules and consumer protections law; (2) any business that infringes upon any patent, trademark, trade secret, tradedress, copyright or other proprietary right of any party; (3) any conduct that is threatening, abusive, harassing, defamatory, obscene, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or otherwise violates Company’s rules or policies; (4) use of any programs which contain harmful content, including, without limitation, software viruses, Trojan horses, worms, time bombs, cancel bots, spy-ware, or any other files, software programs, or technology that is designed or intended to disrupt, damage, or improperly or illegally intercept the information and/or services or any system, program, data or personal information or limit the functioning of any software, hardware, or equipment or damage or obtain unauthorized access to any data or other information of any third party that is provided by Company; or (5) any conduct which offers or disseminates fraudulent goods, services, schemes, or promotions or engages in any unfair deceptive act or practice. You acknowledge that the foregoing list is not exhaustive of all prohibited activities and actions but merely represents the types of activities that are not acceptable.

MODIFICATIONS TO THE SITE

The Company reserves the right to amend these Terms and modify or discontinue all or part of the Site, temporarily or permanently, with or without notice, and is not obligated to support or update the Site. The amended Terms shall become effective immediately after they are posted on this Site. Your continued use of the Site after amended Terms are posted, constitutes your acknowledgment of the Terms and any modifications thereto and your agreement to abide by and be bound by the Terms, and any amendments or modifications thereto. Should you object to any modifications of the Terms, then you are not permitted to use the Site.

INTELLECTUAL PROPERTY RIGHTS

The Content used and displayed on the Site, including but not limited to Risqlogic are the sole property of Company or its licensors and are protected by copyright, trademark and other laws intellectual property laws. In addition to its rights in individual elements of the content within the Site, Company owns trade dress, copyright and/or patent rights in the selection, coordination, arrangement and enhancement of such content. You may copy the content from the Site for your personal use only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear on the pages copied. Except as provided in the preceding sentence, none of the content may be copied, displayed, distributed, downloaded, licensed, sublicensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes without the express prior written permission of Company. To request permission you may contact Company via email at support@risqlogic.com. By using this Site, you represent and warrant that your use of this Site and the content contained herein

LINKS TO THIRD PARTY SITES ARE NOT ENDORSEMENTS

The Site may contains links to third-party web sites. The linked sites are not under the control of Company, and Company is not responsible for the contents or policies of any linked site. Company provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Company. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Company cannot ensure that you will be satisfied with their products, services or practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

WARRANTY

The information and services provided or referenced on this Site are provided “as is” and “as available”. Company does not represent or warrant that the Site will be available, accessible, uninterrupted, timely, secure, accurate, complete, entirely error-free or virus free nor does Company make any warrant as to the results that may be obtained from the use of the Site or as to the accuracy or reliability of any content or any information or products obtained through the Site or that defects in the Site will be corrected. You expressly acknowledge that this Site and the services are predominantly computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. Your use of the Site is at your own risk and Company assumes no liability or responsibility for any errors or omissions as to the content set forth on the Site.

DISCLAIMER/LIMITATION OF LIABILITY

To the fullest extent permissible under the applicable law, Company disclaims all warranties express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, liability or loss associated with access to any data or server owned or operated by Company. Without limiting the foregoing, Company, nor any officer, affiliate, director, shareholder, agent, contractor or employee shall not be liable to you or any other person or entity for: (a) any indirect, special, incidental, consequential or exemplary damages of any kind arising out of the use or inability to use the Site including, without limitation, damages for loss of goodwill, lost profits, business interruptions, loss of programs or other data, even if Company has been advised of the possibility of such damages, damages, expenses or costs resulting directly or indirectly from or otherwise arising in connection with the Site, or (b) any claim attributable to errors, omissions or other inaccuracies related to this Site.

Additionally, you expressly agree that Company shall not be liable for any loss arising from infiltration of the Site by means of software viruses, Trojan horses, worms, time bombs, or any other software programs or technology designed or intended to disrupt, damage, intercept or expropriate data from you or the Site.

INDEMNIFICATION

Merchant agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries, expenses, attorneys’ fees (whether in-house or otherwise), costs or otherwise, directly or indirectly arising from or related to your use of this Site including acts or omissions and whether such conduct is negligent or intentional. Such conduct warranting defense and indemnity shall include but is not limited to: (a) use or improper use of the Site; (b) breach or alleged breach of any representation, warranty or other obligation; (c) violation of any federal, state, international or local law and any and all regulations, rules or ordinances; (d) negligent or willful misconduct by you; (e) any violation of these Terms; or (f) your infringement of any intellectual property or other legal right. In the event that Company is fined or penalized by any of the Credit Card Associations or any other state, federal or regulatory agency, you agree that you will reimburse Company immediately for said fines and/or penalties.

 

GOVERNING LAW/JURISDICTION

These terms and the use of the Site shall be governed by, and construed in accordance with, the laws of {where?} without regard to the principles of conflicts of law. Jurisdiction and venue for any action, whether arbitration or otherwise shall be solely and exclusively in {where?} and by entering this Site, you agree to in personam jurisdiction.

ARBITRATION

It is agreed that any conflicts arising out of or relating to these terms shall be solely and exclusively determined by binding arbitration. The neutral Arbitrator shall have the authority to entertain and determine all matters and disputes between the Parties, including the issuance of preliminary and/or permanent injunction, as well as awarding attorney’s fees (including in-house fees) and costs to the prevailing Party. Accordingly, all disputes and claims arising from this Agreement shall be determined by an arbitration instituted solely and exclusively in {where?}, before a single neutral Arbitrator through {whom?}., or a comparable alternative dispute resolution company, which shall be selected by the Party who initially files the claim. In the event that the Parties cannot agree upon the designation of the Arbitrator, the Arbitrator shall be a retired judge or justice of the California Superior Court or the United States District Court and shall be designated by the selected arbitration association. All fees for said arbitration shall be advanced and paid equally between the Parties unless otherwise determined by the Arbitrator.

WAIVER OF RIGHTS TO COURT PROCEEDING

You acknowledge that you are waving your right to resolve any dispute within the judicial system. Notwithstanding, upon a final ruling by an arbitrator as set forth above, either Party may seek to enforce a final judgment in any Court in the County of Los Angeles, State of California or the United States District Court, Central District of California.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to civil or criminal penalties.

TERMINATION & EFFECT

Company may terminate access to the Site, with or without cause, at any time, and effective immediately. Company shall not be liable to you or any third party for termination. Should you object to any provision of the Terms or any subsequent modifications thereto, your only recourse is to immediately terminate use of the Site.

 

PRIVACY POLICY

By using our Site, you agree that we may use and share your information in accordance with the terms of our Privacy Policy which can be accessed by clicking on the “privacy” link at Risqlogic.com.

TRADEMARKS/PATENTS

Company is the owner of the trademarks “Risqlogic” and other trademarks that may be displayed on the Site from time to time. You are not authorized to use or display Company’s trademarks, attempt to claim ownership or otherwise claim any right, title or interest in Company’s trademarks.

Company has certain patents that are pending related to the technology and Services provided by Company. By accessing this Site and/or utilizing the services offered on this Site, you agree that you are specifically precluded from attempting to claim any ownership, right, title or interest in Company’s pending and/or registered patents.

NOTICES

Any notices or other communications regarding our Site should be sent to need address. Except as provided herein, any notices related to the Site will be posted here or in the Privacy Policy, if applicable.

FORCE MAJEURE

Company shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Services by a third party, or other catastrophes or occurrences that are beyond Company’s reasonable control.

GENERAL

In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. Company’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and an applicable Agreement, whether for Services, or otherwise, the latter agreements shall govern.

 

GENERAL PERFORMANCE CLAIMS

Chargeback Recovery Service:  Results may vary on a case by case basis. Terms subject to contractual provisions.

Chargeback Representment: Percentage of funds recovered in no guaranteed. Success is determined on a case-by-case basis and is dependent upon various factors outside of Risqlogic’s control.

 

Privacy Policy

Privacy Policy

Welcome! We are committed to maintaining the privacy and security of your personal information. This Privacy Policy is intended to provide you with information about our privacy practices and applies to all information collected on this Site. We may periodically change our Privacy Policy as we respond to evolving technology, changes in our products or services.

Risqlogic’s Security Standards

We maintain strict physical, technical and administrative standards to protect the personal information we collect. Information is encrypted and transmitted via a Secure Sockets Layer (SSL). Pages which use this technology can be identified by “https” at the beginning of the URL. Additional procedures are in place to protect your information from unauthorized access. This includes, but is not limited to, internal and external firewalls and physical security of the premises. Moreover, Risqlogic is committed to providing you with the highest standards of privacy and security and to this end, we are compliant with the Payment Industry Data Security Standards (“PCI DSS”) as a level 1 service provider.

The privacy practices of this statement apply to our services available under the domain and subdomains of this website (the “Site”). By visiting this website you agree to be bound by the terms and conditions of this Privacy Policy. If you do not agree please do not use or access our Site. This Privacy Policy describes the information, as part of the normal operation of our services, we collect from you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about our practices so that you can make informed decisions. By accepting the Privacy Policy and any other agreement presented to you on the Site, you expressly consent to our use and disclosure of your personal information in accordance with this Privacy Policy.

WHEN WE COLLECT INFORMATION AND WHAT WE DO WITH IT

The information that we collect is wholly dependent upon the nature of the activity and relationship that you have with our Company.

1. Browsing. When you browse our Site, we may collect information including, but not limited to the domain and host from which you access the internet and the IP address of the computer or internet service provider you use. We may use this information to enhance site performance, gather demographic information, for security purposes and any other statistical analysis as we see fit. This information may be provided to third parties within our discretion.
2. Inquiries. Our Site contains various options for contacting us, including email addresses, phone numbers, facsimile numbers, etc. We may use or store the information provided by your inquiry, including your personally identifiable information for any purpose whatsoever, and you are providing us with said information, with your full knowledge and assent to participate. We will not disclose this information to any third parties, other than those parties specifically contracted by us and said parties would be bound to the confidentiality obligations prior to such disclosure.
3. Merchant Information Questionnaire. If you submit a Merchant Information Questionnaire through our Site, you may be required to provide certain personally identifiable information. We reserve the right to use or store that information and to collect other information about you from third parties, including credit reporting agencies, D&B or otherwise. We may also use this information to contact you whether directly or through a third party vendor, related to the services that we provide. We may also use your Questionnaire information for internal business analysis. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect such information into a file specific to you.
4. Written Agreements related to the Services Provided by Us. In order to obtain the services that are provided on this Site, you will be required to enter into a written agreement with us. We will also disclose and exchange information with banks, processors, card associations, and other financial institutions that are involved in the course of providing services to you. We will also use your information for business analyses and for any means necessary to provide and procure services to you. Notwithstanding the foregoing, any written agreement that you enter into with us will govern the confidentiality of our relationship.  If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect such information into a file specific to you.
5. Cookies. Cookies are small files of data that reside on your computer that allow us to recognize you as a previous visitor to our Site. We may use cookies to provide a personalized greeting when you return to the Site, gather data about the use of our Site, or store your preferences related to marketing offers. We use cookies to enhance the navigation of our Site and delivery of our services. We do not use cookies to collect information about your Internet activity on any web site other than on our Site. If you have chosen to reject cookies, you may not be able to use all features of our site.
6. Confidentiality Obligations. All contracts entered into between us and any vendor, customer or client will contain the express provisions governing the confidential treatment of any and all personally identifiable information.

COMMUNICATIONS FROM THE SITE

On occasion, it is necessary to send out a strictly service related announcement. For instance, for product updates, we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the user’s wishes.

SHARING INFORMATION

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.

CORRECTING/UPDATING/DELETING/DEACTOVATING PERSONAL INFORMATION

If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. This can usually be done by emailing our Customer Support or contact us by telephone or postal mail at the contact information listed below.

VENDORS, PARTNERS, SERVICE PROVIDERS

We may retain third party providers to assist in facilitating our services, to provide services on our behalf, to perform Site-related services or to assist us in analyzing how our Site and services are used. These third parties may have access to your information, but will be bound by this Privacy Policy.

LINKS

This Web site may contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

FORMER CLIENTS

Even if you are no longer our merchant, client or customer, our Privacy Policy will apply to you.

NOTIFICATION OF CHANGES TO THIS PRIVACY POLICY

We may amend this Privacy Policy at any time, but will notify users in advance of any material change, by posting a notice of the change in a prominent position on the home page of the our web site. If the amendment would permit us to share your personal information with third-parties in a manner materially different than described in this Privacy Statement, unless required by law or court order or in order to safeguard the operations of our site or our customers, you will be given an opportunity to inform us that you do not consent to such sharing of your personal information.

OPTING OUT

Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our Site at the point where we ask for information. Users who no longer wish to receive communications may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or emailing us. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party.

SAFE HARBOR

Risqlogic follows the U.S.-EU Safe Harbor Principles and the U.S.-Swiss Safe Harbor Principles published by the United States Department of Commerce (the “Principles”) with respect to the transfer of personal data from the European Union or Switzerland to the United States of America. To learn more about the Safe Harbor program, and to view Verifi’s Safe Harbor certification, please visit http://www.export.gov/safeharbor/. This Privacy Policy details certain policies implemented throughout Risqlogic implementing the Principles and governing Risqlogic’s use of personally identifiable information provided via this Internet web Site or otherwise. If there is any conflict between the policies in this Privacy Policy and the Principles, the Principles will govern.

POSSIBLE MERGER OR ACQUISITION

In the event we go through a business transition, such as a merger, acquisition by another company, or sale or disposal of all or a portion of our assets, your personally identifiable information will likely be among the assets transferred. The acquirer’s privacy policy might be different than our privacy policy or the acquirer might choose to amend our privacy policy. You will be notified by means of notice on our Site of any such change in ownership or control of your personal information.

CONTACT US

You may contact us with comments or questions regarding our Privacy Policy via email at {support@risqlogic.com}.

Or, write to us at:

Address