Welcome to Adapt Merchant Services!
Terms and Conditions – Jan 1, 2025
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SOFTWARE AND SERVICES.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice, and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same. if you do not agree, you must immediately discontinue use.
These terms and conditions outline the rules and regulations for the use of Adapt Merchant Services’s Website, located at https://adaptms.com
By accessing this website, we assume you accept these terms and conditions. Do not continue to use Adapt Merchant Services if you do not agree to all of the terms and conditions stated on this page.
These terms and conditions apply to all software and platforms provided by Adapt Merchant Services, including but not limited to:
– Promise.Network Onboarding
– Merchant and Partner Portal
– Gift Card Service
– AdaptMS Rewards
– Asset Management
– Marketplace
– Knowledge Base
– Residual Management
– CRM
By using any of these Services, you agree to abide by these terms.
Cookies
We employ the use of cookies. By accessing Adapt Merchant Services, you agree to use cookies in agreement with the Adapt Merchant Services Privacy Policy.
Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Adapt Merchant Services a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats or media.
Merchant Liability and Cost Recovery Clause
If Adapt Merchant Services incurs legal fees, administrative costs, or other expenses related to a merchant’s processing account or Promise Network Gift Card account, the merchant agrees to reimburse Adapt Merchant Services in full for such costs. This includes, but is not limited to, attorney fees, court costs, and third-party payments necessary to resolve disputes, settle outstanding balances, or address issues.
Merchants acknowledge that account cancellation services, including liability report generation, are typically provided at no cost. However, if any debts, disputes, or contractual obligations result in additional expenses required to make the account whole, the merchant is responsible for reimbursing Adapt Merchant Services before account closure can be finalized.
Hyperlinking to Our Content
Certain organizations may link to our website without prior written approval, including government agencies, search engines, and news organizations.
Requests from additional organizations will be reviewed based on relevancy, non-deceptiveness, and benefit to Adapt Merchant Services.
Indemnification
You agree to indemnify and hold harmless Adapt Merchant Services from any claims, damages, or expenses resulting from:
– Your breach of this Agreement.
– Your misuse of the Services.
– Violations of laws or third-party rights.
Termination
The Company reserves the right to terminate your access to the Services if:
– You breach these Terms.
– Your account remains inactive for an extended period.
Upon termination:
– Your license to use the Services is revoked.
– You must cease using all Services.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in Texas courts.
Execution and Acknowledgment
BY USING OUR SOFTWARE AND SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS AND WARRANT THAT ALL INFORMATION PROVIDED IS ACCURATE.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Unless otherwise stated, Adapt Merchant Services and/or its licensors own the intellectual property rights for all material on Adapt Merchant Services. You may access this from Adapt Merchant Services for your own personal use, subject to restrictions set in these terms and conditions.
You must not:
- Republish material from Adapt Merchant Services
- Sell, rent or sub-license material from Adapt Merchant Services
- Reproduce, duplicate or copy material from Adapt Merchant Services
- Redistribute content from Adapt Merchant Services
Comments:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Adapt Merchant Services does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Adapt Merchant Services, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Adapt Merchant Services shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Adapt Merchant Services reserves the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Adapt Merchant Services a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your Comments in any and all forms, formats or media.
Merchant Liability and Cost Recovery Clause
If Adapt Merchant Services incurs legal fees, administrative costs, or other expenses related to a merchant’s processing account or Promise Network Gift Card account, the merchant agrees to reimburse Adapt Merchant Services in full for such costs. This includes, but is not limited to, attorney fees, court costs, and third-party payments necessary to resolve disputes, settle outstanding balances, or address issues.
Merchants acknowledge that account cancellation services, including liability report generation, are typically provided at no cost. However, if any debts, disputes, or contractual obligations result in additional expenses required to make the account whole, the merchant is responsible for reimbursing Adapt Merchant Services before account closure can be finalized.
Hyperlinking to Our Content
Certain organizations may link to our website without prior written approval, including government agencies, search engines, and news organizations.
Requests from additional organizations will be reviewed based on relevancy, non-deceptiveness, and benefit to Adapt Merchant Services.
Indemnification
You agree to indemnify and hold harmless Adapt Merchant Services from any claims, damages, or expenses resulting from:
– Your breach of this Agreement.
– Your misuse of the Services.
– Violations of laws or third-party rights.
Termination
The Company reserves the right to terminate your access to the Services if:
– You breach these Terms.
– Your account remains inactive for an extended period.
Upon termination:
– Your license to use the Services is revoked.
– You must cease using all Services.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in Texas courts.
Execution and Acknowledgment
BY USING OUR SOFTWARE AND SERVICES, YOU AGREE TO THESE TERMS AND CONDITIONS AND WARRANT THAT ALL INFORMATION PROVIDED IS ACCURATE.
Content Liability
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.