Terms & Conditions
1. Introduction.
These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. These Terms govern only use of the Website and do not, by themselves, govern payment processing or other merchant services provided under a separate agreement. Section 4A (Integrated Third-Party Services and Jaris-Powered Features) applies to a merchant only if it is incorporated into the merchant's applicable agreement with Vivid or affirmatively accepted by the merchant in connection with a merchant relationship or feature. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.
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This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.
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2. Intellectual Property Rights.
Other than content you own, which you may have opted to include on this Website, under these Terms, Vivid Commerce, Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
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You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
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3. Restrictions.
You are expressly and emphatically restricted from all of the following:
1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;
Certain areas of this Website are restricted from access by you and Vivid Commerce, Inc. may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.
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4. Your Content.
In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Vivid Commerce, Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
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Your Content must be your own and must not be infringing on any third party's rights. Vivid Commerce, Inc. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
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4A. Integrated Third-Party Services and Jaris-Powered Features.
Integrated Third-Party Services. Vivid may make products, services, or features provided or supported by third parties available in connection with Vivid's merchant services. The third party's terms, disclosures, privacy notices, eligibility requirements, and authorizations may apply to the feature.
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Jaris-Powered Features. Vivid may make business financing, Instant Payout, settlement-management, and related features available through workflows powered by Jaris, Inc. and its affiliates. Jaris provides technology, program-management, settlement-administration, monitoring, and servicing or servicing-support services. Business loans are originated by First Internet Bank of Indiana, Member FDIC, and brokered and serviced by Jaris Lending, LLC (NMLS 2281431), subject to credit approval and the applicable loan documents. Vivid and Jaris are not the lender or depository institution.
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Data and Onboarding Preparation. You authorize Vivid to collect, use, and disclose information about you, your business, owners, control persons, authorized representatives, payment-processing and transaction activity, settlement history and flows, linked bank accounts, applications, account activity, and related information to Jaris, First Internet Bank of Indiana, processors, financial institutions, and other providers involved in Jaris-powered features. This information may be used to identify potential eligibility, prepopulate and prepare an application or enrollment experience, verify information, support underwriting and fraud-prevention activities, present available features, and support monitoring, settlement, servicing, compliance, reconciliation, and reporting. You represent that you are authorized to provide information concerning your business and its owners, control persons, and authorized representatives for these purposes.
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No Activation Without Merchant Acceptance. The sharing or processing of information under this section does not submit an application on your behalf, obligate you to accept a product, activate a loan or Instant Payout, establish a managed settlement arrangement, or authorize the application of settlement proceeds. If you elect a Jaris-powered feature, you will be required to review and accept the applicable Jaris terms and privacy notice, First Internet Bank of Indiana agreements or notices, and product-specific terms, disclosures, and authorizations through the relevant application or enrollment flow.
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Operational Cooperation After Acceptance. If you accept a Jaris-powered product, you authorize Vivid to implement and maintain the processing, settlement, account, and data connections reasonably necessary to deliver that product in accordance with the terms and instructions you accepted. This may include providing continuing transaction and settlement information and implementing settlement-routing or payment instructions authorized under the applicable Jaris, bank, or product terms. You agree to maintain the processing relationship, linked bank account, settlement instructions, and data connectivity required by an active product, subject to the applicable product terms.
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No Guarantee or Advice. Making a feature available, presenting potential eligibility, or prepopulating information does not guarantee approval, funding, availability, payout timing, or particular terms. Information presented by Vivid is not legal, tax, accounting, financial, or credit advice.
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5. No warranties.
This Website is provided “as is,” with all faults, and Vivid Commerce, Inc. makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
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6. Limitation of liability.
In no event shall Vivid Commerce, Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Vivid Commerce, Inc., including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
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7. Indemnification.
You hereby indemnify to the fullest extent Vivid Commerce, Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney's fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
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8. Severability.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
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9. Variation of Terms.
Vivid Commerce, Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website. Any revision to Section 4A that is intended to apply to an existing merchant relationship will be delivered or accepted through a method permitted by the applicable merchant agreement and applicable law.
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10. Assignment.
Vivid Commerce, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
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11. Entire Agreement.
These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Vivid Commerce, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same. Nothing in these Terms modifies or replaces an applicable merchant or payment-processing agreement. If Section 4A is incorporated into or accepted in connection with a merchant relationship, that section supplements the applicable merchant agreement only with respect to Vivid's presentation, data-sharing, handoff, and operational-support activities. The applicable Jaris, bank, and product-specific terms govern the underlying product, account or settlement arrangement, and product-specific funds flow.
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12. Governing Law & Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the Delaware and you submit to the non-exclusive jurisdiction of the state and federal courts located in Delaware for the resolution of any disputes.