Terms of Use
Terms of Use
IMPORTANT - READ CAREFULLY. Piedmont Payment Services, LLC (“Piedmont”) provides its products and services to you subject to the terms and conditions set forth below. By accessing and using the Piedmont website you accept and agree to be bound by these terms and condition. For purposes of this Agreement, any use of the name Piedmont Payment Services, LLC or a derivative of that name shall include all successors and/or assigns of that company.
Description of Piedmont Services. Piedmont provides users with access to a rich collection of efficiency enabling resources, including without limitation various communications tools, financial tools, enrollment/membership management tools, computer software, printed materials, online documentation, and customer service support which may be accessed through any various medium or device now known or hereafter developed (the "Piedmont Services").
Access to Services. In order to use the Piedmont Services offered on this Web site, you must obtain access to the World Wide Web. You are responsible for obtaining access to the Piedmont Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Piedmont Services. Piedmont reserves the right to refuse access to this web site at any time in its sole discretion.
Your Registration Obligations. In consideration of your use of the Piedmont Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Piedmont Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Piedmont Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Piedmont has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Piedmont has the right to suspend or terminate your account and refuse any and all current or future use of the Piedmont Services (or any portion thereof).
Personal Information, Password and Security Measures. Certain Piedmont Services may require you to register as a User (including setting up a Piedmont username and password) before being given access to the Piedmont Services. You are responsible for maintaining the confidentiality of the information you hold for your account, including your username and password, and for restricting access to your computer. You agree to accept responsibility for any and all activity that occurs under your account. You agree to notify Piedmont immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Piedmont or any other user due to someone else using your Piedmont user name, password or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else's Piedmont user name, password or account at any time without the express permission and consent of the holder of that Piedmont user name, password or account. Piedmont cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Privacy. Piedmont's Privacy Policy applies to use of the Piedmont Services, and its terms are made a part of this Agreement by this reference. To view Piedmont's Privacy Policy, visit: https://www.omegafi.com/apps/home/about/legal-security/privacy-policy/.
License Grant. Provided that you comply with all of the terms and conditions of this Agreement, Piedmont grants you a non-exclusive, personal, limited, revocable, non-transferable, and royalty-free right and license to use the Piedmont Services you are authorized to use.
Conduct Violations. You agree to not use the Piedmont Services to: (a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (b) interfere with or disrupt the Piedmont Services or servers or networks connected to the Piedmont Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Piedmont Services; (c) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (d) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization; (e) "stalk" or otherwise harass another; or (f) collect or store personal data about other users in connection with the prohibited conduct and activities set forth in this paragraph items a through f above.
Content Access and Disclosure. You acknowledge, consent and agree that Piedmont may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Piedmont, its users and the public.
Interstate Data Transmissions. When you register with Piedmont, you acknowledge that in using the Piedmont Services to send electronic communications (including but not limited to email, text messages and other Internet activities), you will cause communications to be sent through Piedmont's computer networks, portions of which are located in Georgia and other locations in the United States of America and portions of which may be located abroad. As a result, and also as a result of Piedmont's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.
Piedmont's Proprietary Rights. You acknowledge and agree (a) that the Piedmont Services and any necessary software used in connection with the Piedmont Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws; (b) that except as expressly permitted by applicable law or as authorized by Piedmont or the applicable licensor (such as an advertiser), you will not (and will not allow any third party to) download (other than caching), copy, modify, rent, lease, loan, sell, resale, distribute, transmit, broadcast, or publicly perform works based on the Piedmont Services, such Content or the Software, in whole or in part; (c) you will not (and will not allow any third party to) create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software; and (d) not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Piedmont Services. Furthermore, you agree that you will not access the Piedmont Services by any means other than through the interface that is provided by Piedmont for use in accessing the Piedmont Services. You further agree that you will not (a) frame or utilize framing techniques to enclose or embed any trademark, logo or other proprietary information (including images, text, page layout or form) of this Web site or Piedmont Payment Services, LLC without Piedmont’s express written consent; (b) use any meta tags or any other "hidden text" utilizing Piedmont's name or trademarks without Piedmont’s express written consent. You will not make available in any manner software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of this Web site or any computer software, hardware or telecommunications equipment of Piedmont or the visitors to this Web site. You will not interfere with or disrupt the services of Piedmont or the servers or networks connected to these services. You will not collect or store personal data about other users of this Web site. Any unauthorized use or attempts to use this Web site in an unauthorized manner terminates this Agreement and may serve as grounds for legal action by Piedmont or one of its affiliates as applicable.
Dealings with Third Parties. Your correspondence or business dealings with other third parties found on or through the Piedmont Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Piedmont shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Piedmont Services.
Links to Other Sites. The Piedmont Services may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Piedmont's control, and Piedmont is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You further acknowledge and agree that Piedmont shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any Linked Site. If you decide to access Linked Sites, you do so at your own risk.
Copyrights. All content on this Web site, such as text, graphics, logos, button icons and images is the property of Piedmont or its content suppliers and protected by United States and international copyright laws. The selection, arrangement and presentation of all materials on this Web site (including information in the public domain), and the overall design of this Web site is the exclusive property of Piedmont and is protected by United States and international copyright laws. All software on this site is the property of Piedmont or its software suppliers and protected by United States and international copyright laws.
Trademarks. Piedmont and other Piedmont products and services and piedmontpays.com graphics, logos, page headers, button icons, scripts and service names are registered trademarks or trade dress of Piedmont. Piedmont's trademarks and trade dress may not be used in connection with any product or service that is not Piedmont's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Piedmont, its products or services or this Web site All other trademarks not owned by Piedmont that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Piedmont.
YOUR USE OF THE PIEDMONT SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE PIEDMONT SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIEDMONT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PIEDMONT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE PIEDMONT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE PIEDMONT SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PIEDMONT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PIEDMONT SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (vi) PIEDMONT ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PIEDMONT SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIEDMONT OR THROUGH OR FROM THE PIEDMONT SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND RELATED MATERIALS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND RELATED MATERIALS, OR OF THE SUPPORT SERVICES IF ANY, REMAINS WITH YOU.
Limitation of Liability. Except where prohibited by law, in no event will Piedmont be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, (including but not limited to damages for lost profits, loss of confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence and for any other pecuniary or other loss whatsoever) even if Piedmont has been advised of the possibility of such damages. Piedmont's maximum liability arising out of our connection with any Piedmont Service or your use of the Content, regardless of the cause of action (whether in contract, tort, breach of warranty of otherwise) will not exceed $100.00.
Modifications to this Agreement. Piedmont reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement, at any time. It is your responsibility to check this Agreement periodically for changes. You can review the most current version of the Agreement at any time at: https://www.piedmontpays.com/agreements/user_service_and_license_agreement.pdf. Your continued use of Piedmont Services following the posting of any changes will mean that you accept and agree to the changes. In addition, when using particular Piedmont owned or operated services, you and Piedmont shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into this Agreement. Piedmont may also offer other services that are governed by different terms.
Modifications to the Piedmont Services. Piedmont reserves the right to make changes to this Web site (including, without limitation, discontinuing this Web site or the services offered on this site) and the Privacy Policy at any time, with or without notice. If any of these policies shall be deemed invalid, void or for any reason unenforceable, the invalid policy shall be deemed severable and shall not affect the validity and enforceability of any remaining policy. Piedmont requests that you not use any of the information on this site, including without limitation the e-mail addresses that are posted here, to transmit, distribute or facilitate the distribution of unsolicited bulk e-mail or other such advertisements or solicitations to Piedmont or any of its employees or agents, and any such use of the information on this site is a violation of the terms of use of this Web site. You agree that Piedmont shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Piedmont Services (or any part thereof).
Governing Law. You agree that all matters relating to your access to or use of the Piedmont Services, including all disputes, will be governed by the laws of the United States of America and by the laws of the State of Georgia.
Severability. The covenants set forth in this Agreement are and shall be construed as separate and independent covenants, and this Agreement is intended to be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances, rules and regulations. If any provision of this Agreement, or the application thereof to any person or circumstance, shall for any reason or to any extent be held void, voidable, or otherwise unenforceable by any court, the remainder of this Agreement shall not be affected, but shall be enforced to the greatest extent permitted by law.
Successors. This Agreement is binding upon and shall inure to the benefit of Piedmont and its successors and your successors.
Waiver. Piedmont's failure to insist on or enforce strict performance of this Agreement shall not be construed as a waiver by Piedmont of any provision or any right it has to enforce this Agreement, nor shall any course of conduct between Piedmont and you or any other party be deemed to modify any provision of this Agreement.
Independent Relationship. Both parties are and shall be independent contractors with respect to the terms and operation of this Agreement. Nothing contained herein and no act done pursuant to this Agreement is intended to or shall be construed to create a partnership, joint venture, employment, principal-agent or similar relationship between Piedmont and you. Except as otherwise stated in or authorized by this Agreement, in no event shall either party have the right or power (whether express or implied) to make any representation or warranty (express or implied) on behalf of the other party or otherwise to bind the other party in any way whatsoever.
Headings. The headings contained in this Agreement are for convenience only and shall in no manner be construed as part of this Agreement.
Complete Agreement. This Agreement constitute the entire agreement between you and Piedmont with regard to your use of the Piedmont Services, and any and all other written or oral agreements or understandings previously existing between you and Piedmont with respect to such use are hereby superseded and cancelled.
More Information and Violations. To learn more about this Agreement or the Piedmont Services or to report any violations of this Agreement, contact Piedmont at 866.254.5245 or info@piedmontpays.com.