These Terms of Use ("Terms") govern your access to and use of ndmscorp.com and the related websites, online applications and content operated by National Discount Merchant Services, a trade name of Eichner Group, Inc., a California corporation ("ndms," "we," "us" or "our") (together, the "Sites"). By accessing or using the Sites, you agree to these Terms. If you do not agree, do not use the Sites.
Merchant services are governed by separate agreements
These Terms apply to your use of the Sites only. Payment processing and related services are provided under a separate merchant processing agreement and related documents (the "Merchant Agreement"). If there is a conflict between these Terms and a Merchant Agreement, the Merchant Agreement controls.
Eligibility
The Sites are intended for use by businesses and their authorized representatives in the United States. By using the Sites, you represent that you are at least 18 years old and have authority to act on behalf of the business you represent.
Information on the Sites
Content on the Sites is provided for general information about our products and services. It is not an offer to provide any product or service, and it is not legal, tax or financial advice. Products, features and availability may change without notice, and not all products are available in all locations or to all businesses. Approval for any product or service is subject to our underwriting criteria and the requirements of our sponsor banks and the card networks.
Online applications
If you submit an application through the Sites, you agree to provide true, accurate and complete information and to keep it current. By submitting an application, you authorize ndms, our sponsor banks and our service providers to verify the information provided and to obtain consumer and commercial credit reports and other information about the business and its owners, officers and guarantors. Submitting an application does not guarantee approval.
Acceptable use
You agree not to:
- Use the Sites for any unlawful, fraudulent or deceptive purpose;
- Submit false or misleading information, or impersonate any person or business;
- Attempt to gain unauthorized access to the Sites, our systems or another user's information;
- Interfere with the operation or security of the Sites, including by introducing malware or overloading our systems;
- Scrape, copy or harvest content or data from the Sites by automated means without our written permission; or
- Use the Sites to build or support a competing product or service.
Intellectual property
The Sites and their content, including text, graphics, logos and software, are owned by ndms or its licensors and are protected by copyright, trademark and other laws. You may view and print content for your business's internal use only. You may not copy, modify, distribute or create derivative works from the content without our prior written permission.
ndms, National Discount Merchant Services and the ndms logo are trademarks of Eichner Group, Inc. Visa, Mastercard, Discover, American Express and other marks are the property of their respective owners and are used for identification only.
Feedback
If you send us ideas or suggestions, you agree that we may use them without restriction or compensation to you.
Third-party sites and services
The Sites may link to or integrate with third-party websites and services, such as payment gateways and software platforms. We do not control and are not responsible for third-party sites or services, and your use of them is subject to their terms.
Communications
By providing your contact information, you agree that we may contact you by email, phone or text message about your inquiry, application or account. Message and data rates may apply. You may opt out of marketing communications at any time; we may continue to send messages related to your application or account.
Disclaimer of warranties
THE SITES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT CONTENT IS ACCURATE, COMPLETE OR CURRENT.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NDMS, EICHNER GROUP, INC. AND THEIR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THESE LIMITATIONS DO NOT APPLY TO SERVICES PROVIDED UNDER A MERCHANT AGREEMENT, WHICH ARE GOVERNED BY THAT AGREEMENT.
Indemnification
You agree to defend, indemnify and hold harmless ndms, Eichner Group, Inc. and their affiliates, officers, employees and agents from any claims, losses, liabilities and expenses, including reasonable attorneys' fees, arising out of your use of the Sites, your violation of these Terms, or any information you submit.
Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Sites will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the jurisdiction of those courts.
Changes and termination
We may update these Terms from time to time by posting a revised version on the Sites and updating the "Last updated" date. Your continued use of the Sites after changes are posted means you accept the revised Terms. We may suspend or end your access to the Sites at any time, for any reason.
General
If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our consent. These Terms, together with our Privacy Statement, are the entire agreement between you and ndms regarding the Sites.
Card network disclosure
Visa, Mastercard, Discover and American Express processing is provided by National Discount Merchant Services, a registered ISO/MSP of Elavon, Inc., Georgia, a wholly owned subsidiary of U.S. Bancorp, Minneapolis, MN, and a registered ISO/MSP of Chesapeake Bank, Kilmarnock, VA.
Contact us
Questions about these Terms can be sent to:
National Discount Merchant Services
525 S. Douglas St
El Segundo, CA 90245
Phone: 310.997.0100
Email: support@ndmscorp.com