Terms of Use
Fiserv, Inc., on behalf of itself and its affiliates (collectively, “Fiserv”), offers you (and together with the company or other entity that you represent or are employed by, if applicable, “you”) a wide range of content, communication tools, and information about trends in the financial and technology industries, Fiserv’s products and services and Fiserv as a company as well as, in certain circumstances, content provided by other persons and entities, including, but not limited to, the Fiserv Small Business Index (collectively, “Materials”) via this and Fiserv’s related websites, social media pages and other similar sources, including features and services available through such sites and sources, such as RSS feeds, podcasts, video and downloads (collectively, this “Site”). By using this Site, you are agreeing to accept and comply with these terms and conditions of use, as stated below (these “Terms”), as well as Fiserv’s Privacy Notice (“Privacy Notice”) at all times. If you do not agree to these Terms, then you must immediately discontinue your access to the Fiserv Small Business Index and make no further use or distribution of the Fiserv Small Business Index (or any aspect or component thereof) or any reports or summaries of the Fiserv Small Business Index (or any aspect or component thereof) you may have created. YOU MUST READ THESE TERMS (AND THE PRIVACY NOTICE) FULLY. Please contact Fiserv at fiservsmallbusinessindex@fiserv.com with any questions you may have.
1. Limited Right to Use. This Site is owned and operated by Fiserv. Unless otherwise specified, all Materials on this Site are the property of Fiserv and are protected by the copyright laws of the United States and throughout the world. Subject to your compliance with these Terms, you may use view and print the Materials from this Site solely for your personal, informational use within your organization, provided that you must keep intact all copyright and other proprietary notices. You may not copy or distribute any Materials published by Fiserv on this Site or any portion of those Materials beyond your organization without Fiserv’s prior written permission (or permission of Fiserv’s third-party provider if the Material is owned by that provider). This includes any copying, reproduction, modification, republication, uploading, posting or directly or indirectly sending any Materials (or portions of Materials) in any form or by any means. However, this does not restrict you from linking to publicly available Materials, excluding any Materials available in a part of the Site that requires a password to enter or is otherwise restricted (“Publicly Available Materials”), using any sharing methods Fiserv provides on this Site for sharing Publicly Available Materials, or referencing or citing Publicly Available Materials, provided that, in all of these instances, you must properly identify Fiserv as the source of the Publicly Available Materials. Materials available in a part of the Site that requires a password to enter or is otherwise restricted must be treated as Confidential Information unless otherwise marked and may not be not used or disclosed except as expressly permitted in a written agreement with Fiserv.
2. Eligibility. This Site is not offered to any person under the age of 13. If you are over the age of 13 but under the age of 18, you must either: (i) be an emancipated minor, or (ii) have obtained the legal consent of your parent or legal guardian to use this Site and enter into these Terms.
3. Links and Frames. Links to other sites may be provided on this Site for your convenience. By providing these links, Fiserv is not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site, and make no representations concerning the content of sites listed in any part of this Site. Consequently, Fiserv cannot be held responsible for the accuracy, relevancy, copyright compliance, legality or decency of material contained in sites listed in any search results or otherwise linked to this Site. For example, if you “click” on a banner advertisement or a search result, your “click” may take you off this Site. This may include links from advertisers, sponsors, and content partners that may use Fiserv’s logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers may send cookies to users that Fiserv does not control. Fiserv reserves the right to disable links from any third-party sites to this Site.
4. Fiserv Small Business Index. For clarity, these Terms apply to any person, including you, who accesses the Fiserv Small Business IndexSM, a product of Fiserv and governs your access to and use of the Fiserv Small Business IndexSM, including, but not limited to, any content, materials, information, or data included with it or provided through it (“Fiserv Small Business Index”). You agree to access and use the Fiserv Small Business Index in compliance with all applicable laws, regulations, and rules, and, for the avoidance of doubt, the Terms.
A. Notwithstanding anything to the contrary in the license grant to Materials above in Section 1, you are only granted limited, non-exclusive permission to access and use the Fiserv Small Business Index solely as described in this Section 4 of these Terms. You may use the Fiserv Small Business Index solely (a) for your own internal purposes and (b) to accurately report, summarize, and distribute the Fiserv Small Business Index as an incidental item with other accurate information you distribute. You may not profit from or otherwise charge for the access to or distribution or use of the Fiserv Small Business Index (in whole or part). Fiserv may modify or terminate your access, use or distribution of the Fiserv Small Business Index at any time, including, but not limited to, through modification of these Terms or any other notice. However, notwithstanding anything to the contrary in these Terms, you shall not download, scrape, or otherwise extract from the Site by other automated means, the Fiserv Small Business Index (in whole or part) for any purpose except as may be necessary to personally view the information contained therein. You will not use the Fiserv Small Business Index for any purpose or in any manner except as expressly permitted in these Terms.
B. YOU SHALL NOT CHANGE, OBSCURE, OR REMOVE ANY COPYRIGHT OR OTHER NOTICE OR LEGEND APPEARING ON THE FISERV SMALL BUSINESS INDEX; AND YOU SHALL AT ALL TIMES LIST FISERV AS THE SOURCE OF ANY AND ALL INFORMATION, DATA, REPORTS, SUMMARIES, QUOTES, MATERIALS AND OTHER CONTENT CONTAINED IN OR ACCESSED THROUGH THE FISERV SMALL BUSINESS INDEX THAT YOU MAY DISCLOSE INTERNALLY OR TO THIRD PARTIES IN ACCORDANCE WITH THESE TERMS.
C. While Fiserv takes commercially reasonable measures to ensure the accuracy of the Fiserv Small Business Index, Fiserv makes no representations or warranties with respect to the accuracy of the Fiserv Small Business Index. You agree that your use of the Fiserv Small Business Index shall be: (i) based on your own determination and evaluation; and (ii) at your sole risk. WITHOUT LIMITING ANY OTHER DISCLAIMER SET FORTH IN THESE TERMS, THE FISERV SMALL BUSINESS INDEX IS PROVIDED TO YOU “AS-IS” AND FISERV AND ITS AFFILIATES, AGENTS, SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
D. Without limiting the foregoing Section 4(C), Fiserv does not provide any investment or financial advice and is not advocating the sale or purchase of any stocks, bonds, or securities. You hereby acknowledge, that this Fiserv Small Business Index is provided solely for informational purposes and is not to be used as a substitute for independent financial investment advice or judgment nor is it intended to be relied upon by any person or entity for the purpose of investment or other financial decisions. THE FISERV SMALL BUSINESS INDEX IS NOT TO BE CONSTRUED AS PROVIDING INVESTMENT ADVICE AND SHOULD NOT BE USED OR CONSTRUED, IN WHOLE OR IN PART, AS A BASIS OR RECOMMENDATION FOR AN INVESTMENT DECISION.
E. You agree that Fiserv, its affiliates and/or related companies own all rights and title in and to the Fiserv Small Business Index. In addition, all trademarks, service marks, logos, trade dress, and names (“Trademarks”) appearing on the Fiserv Small Business Index are the exclusive property of Fiserv, its affiliates and/or other respective owners. You are not being granted any rights, permission, or license to use any of the Trademarks. All rights in the Fiserv Small Business Index and Trademarks not expressly granted in these Terms are expressly reserved by Fiserv. To the extent you have or obtain any right, title or interest in or to any Trademarks or the Fiserv Small Business Index (including any aspect or component thereof), you hereby assign all such worldwide right, title and interest to Fiserv.
F. You acknowledge that the Fiserv Small Business includes information that is aggregated and as such does not reflect the activity of any particular merchant or business. To the extent that the Fiserv Small Business Index includes information that is aggregated (such as information aggregated about small businesses without a particular industry), you agree to use the Materials only in a manner that maintains the information in an aggregated form. You will not attempt to discern, or to use the Materials or your access to the Fiserv Small Business Index in a manner that results in you or any other entity discerning, information about any particular entity or merchant, either alone or with other information in your possession. You also agree to use the Materials and your access to the Fiserv Small Business Index in accordance with and otherwise comply with all applicable laws, including, without limitation, those that govern the use of insider information.
G. You shall not combine the Fiserv Small Business Index with your or any third party information, data, report, or content: (i) in a manner that states or suggests that Fiserv or the Fiserv Small Business Index is endorsing, sponsoring, or otherwise affiliated with any such content, products, or services; or (ii) to create an independent report, article, index, or other product to be offered outside your access and use and limited reference to the Fiserv Small Business Index as provided by these Terms.
5. Registration. You may be given the opportunity to create and register a user account (your “Account”) that you may use to receive information from Fiserv and/or participate in certain features and functionalities of this Site. By registering, you represent, warrant and otherwise fully confirm to Fiserv that all information that you provide on the registration form is complete, current and otherwise accurate. Fiserv may rely on the information you provide, including any user ids or passwords you create, to identify you and your activity, and you must promptly update and otherwise maintain your information to keep your Account current at all times. You agree that Fiserv may use the information you provide for any purpose, so long as such use does not violate the Privacy Notice.
6. Password and Security. If you are issued or create any password or other credentials to access this Site or any parts of functionalities that are part of this Site, you agree not to give or make available your password or credentials to any unauthorized individuals, and you agree to be responsible for all actions taken by anyone to whom you have provided such credentials. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access this Site without your consent, you must notify Fiserv at once at the address specified below.
7. Interactive Features. This Site may include opportunities for you to access, view and provide content for this Site, such as blogs, comment sections, discussion forums and other similar interactive features (“Interactive Features”). If you have any questions specifically regarding the Interactive Features (or the related portions of this Site), please contact Fiserv at communities@fiserv.com. You alone are responsible for your use of any Interactive Features and you use them at your own risk. Any content questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “Content”) which you submit through an Interactive Feature must pertain to the designated topic or theme of the applicable Interactive Feature. You may not use this Site or any Interactive Features in any way that (as determined by Fiserv) impairs, restricts or inhibits anyone else from enjoying or using this Site or the Interactive Features. More specifically, you represent, warrant and otherwise confirm the following:
All of your Content is accurate and not misleading, and use and posting or other transmission of your Content does not violate applicable law or these Terms, and will not violate any rights of or cause injury to any person or entity.
Except as specified in the Privacy Notice, you are providing your Content without any expectation or obligation of privacy, remuneration or attribution, and you recognize and agree that your Content will not be considered proprietary to you or be subject to any limitations of use by Fiserv (See Paragraph 8 below).
You will not violate, jeopardize, or otherwise interfere with any other person’s right to privacy (whether that person is a user of this Site or not), including the collection, solicitation or aggregation of any information about any person or selling, transmitting or otherwise posting private information about a person or any third party.
You will not upload, post or otherwise transmit any Content and/or otherwise take any action in connection with this Site that: (i) violate or infringe in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (ii) is offensive, including blatant expressions of hatred, racism, bigotry, abusiveness, profanity, vulgarity or indecency; (iii) includes, directly or indirectly, any pornographic materials or references or materials or references involving obscene content; or (iv) violates any law, regulation, otherwise constitutes a criminal offense or gives rise to a civil liability, regulatory fine or obligation, or advocates or provides instructions or ideas relating to any illegal activity or any intent to commit any illegal activity.
You will not upload, post or otherwise transmit Content that contains any advertisement or solicitation with respect to any products, materials, services or other offerings of you or any third party, including junk mail, SPAM, chain letters or any other solicitation or marketing materials.
You will not post Content or otherwise take any action in connection with this Site where you impersonate any person or entity, falsely state or mischaracterize your affiliation with any entity, including Fiserv, or falsely deny your affiliation with an entity, including Fiserv.
You have, prior to uploading, posting or otherwise transmitting any Content, obtained all required consents from every person or entity involved in such Content (including any person’s name or likeness) to include any such person or entity’s name, likeness, creation, materials or any other information in or with such Content;
You will not upload, post, or otherwise transmit any Content protected by any intellectual property right, including any copyright, trademark, trade secret, right of publicity or other proprietary right, without the express permission of the owner of such intellectual property right; provided that (i) you are solely responsible for determining whether any Content is not protected by any intellectual property rights, and (ii) you shall be solely liable for any damage resulting from infringement of any such intellectual property rights or any other harm resulting from the Content you upload, post or otherwise transmit.
You acknowledge and agree that other users may and are authorized to access, view, store or reproduce your Content for personal use.
You will not post any information which is personal to you or any other person or entity, such as address, telephone number, or social security number.
Fiserv reserves the right to, at any time and at its sole discretion, (1) restrict or prevent your access to this Site or any Interactive Features, (2) move, remove or edit any Content posted, uploaded or referenced by you and/or (3) terminate or suspend your Account for any reason. FISERV IS NOT RESPONSIBLE FOR ANY CONTENT POSTED, UPLOADED OR REFERENCED BY ANY USER IN CONNECTION WITH THIS SITE OR ANY INTERACTIVE FEATURES, INCLUDING COMMENTS SECTIONS, DISCUSSION BOARDS OR OTHER SUCH AREAS.
8. Interference and Malicious Code. You may not use this Site, including uploading, posting or otherwise transmitting any Content, that could in any way transmit, directly or indirectly, any form of malicious or unwanted code or program to this Site or any websites, servers, networks, systems or equipment of Fiserv or any third party, or would otherwise interfere with or disrupt this Site or any websites, servers, networks, systems or equipment of Fiserv or any third party. You must at all times abide by all policies, procedures and other requirements established by any networks connected to this Site. You also may not employ any spiders, robots or other similar data mining programs or techniques on any Materials or otherwise in connection with your use of this Site.
9. Monitoring. You agree that Fiserv has the right, but not the obligation, to monitor your use of this Site as well as any Content posted or uploaded to this Site. Fiserv performs this monitoring for purposes of ensuring compliance with these Terms, compliance with any applicable laws or regulations, and understanding users’ use of this Site and the Interactive Features, but this monitoring may be for any purpose permitted or authorized by applicable law, regulation or government or industry agent. Fiserv may (although is not obligated to), screen, disable, remove or otherwise edit any Content you or any other user posts, uploads or references to or in connection with this Site. You agree that Fiserv is not required to notify you (or any other user) of any such screening or editing. Furthermore, you agree that you have no expectation that Fiserv will return that Content or otherwise make such Content available to you or any other user after it is edited or deleted (including any expectation that Fiserv will create or maintain any backup or archival copies of such Content for any period of time), and Fiserv has no responsibility to do so or liability if it does not do so.
10. License to Content. If you submit any Content in connection with this Site or your use of this Site, you directly and expressly agree that these submissions are not confidential. These submissions will not, in any way, create any confidential or other relationship between you and Fiserv. By posting, uploading, referencing or otherwise submitting any Content to this Site or to Fiserv directly, you grant Fiserv and its affiliates a perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit all such Content, in part or in whole, in any way and in any form, whether now known or otherwise developed hereafter. Further, you agree that you will not receive any royalty or any other payment or attribution or acknowledgement and that neither Fiserv nor its affiliates shall owe you any other obligation. You agree that Fiserv may take any and all legal action available to it against any person or entity if that person or entity violates your or Fiserv’s rights in your Content through a breach of these Terms. If you retain moral rights (including rights of attribution or integrity) in your Content, you hereby declare that: (a) you do not require that any personally identifying information be used in connection with the use of your Content, or any updates, improvements or derivative works made to or from your Content; (b) you do not object to any publication, modification, editing, deletion or other use of your Content by Fiserv or any of its successors or assigns; (c) you fully and forever waive any right you have to claim or assert entitlement to any and all moral rights of an author regarding your Content; and (d) you fully and forever release Fiserv and its directors, officers, employees, agents, licensees, successors and assigns from any claims that you could otherwise assert against Fiserv by virtue of any such moral rights.
11. Third-Party Content. Fiserv receives some of the Materials on this Site from third parties, including other users. All statements, opinions, advice, criticisms, offers or other information stated or expressed by any such third parties reflect solely the opinion and belief of the respective third party making such statement, and not that of Fiserv or any of its affiliates. Fiserv makes no endorsement, guarantee or other statement, express or implied, about such third-party Materials, including that any such third-party Materials are accurate, complete, timely, corroborated or otherwise useful or appropriate for any use or circumstance. You must independently evaluate any such third-party Materials yourself if you intend to rely in any way on the information contained in or provided in connection with such third-party Materials, and you alone must engage any appropriate professionals necessary or prudent in making that evaluation (which Fiserv recommends you do).
12. Copyright Notice. Materials may be made available to you via this Site that come from third parties not within Fiserv’s control. In connection with the Digital Millennium Copyright Act (DMCA), while Fiserv fully respects the copyright interest of all of Fiserv’s users and all such third parties, Fiserv has no obligation to, and does not, scan Materials or any content uploaded, provided, posted or otherwise used in connection with this Site for the inclusion of illegal, infringing, improper, unauthorized or impermissible content. However, as a matter of policy, Fiserv does not allow Materials it knows are infringing another person or entity’s copyright to remain on this Site. To assist Fiserv with this policy, you agree that, if you believe any Materials on this Site may infringe or otherwise violate your or any other person or entity’s copyright, you will write to Fiserv (at fiservsmallbusinessindex@fiserv.com ) as soon as you reasonably can specifying the Materials you believe are infringing and the reasons why. If you wish to send a formal notice of infringement of your copyright under the DMCA, your notice (to the email address listed above) must specify or provide, at least:
A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fiserv to locate the material;
Information reasonably sufficient to permit Fiserv to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right(s) that is allegedly infringed.
13. Required Technology. Your access and use of this Site may require certain equipment, connectivity services and other technology (e.g., computers or other similar devices, internet connectivity, reading programs, etc.). It is your responsibility to obtain and maintain all of this required technology at your own expense. Although Fiserv generally tries to make this Site compatible with available technology, Fiserv does not imply or guarantee in any way that this Site will be compatible or otherwise accessible using any specific model, brand or type of technology.
14. Ownership. Fiserv reserves all rights, title and interest in all Materials posted to this Site, including without limitation all patents, copyrights, trademarks, trade names, service marks and logos of Fiserv and its affiliates and licensors (“Intellectual Property”). Except expressly stated in Paragraph 1 above, you have no right to use any of this Intellectual Property, and nothing contained in this Site or these Terms shall imply or grant to you or any other third party any right to use any such Intellectual Property without the prior written permission of Fiserv or the respective owner.
15. Indemnity. You are solely responsible for any unauthorized use of this Site. You agree to indemnify, defend (at Fiserv’s option), and hold Fiserv, its affiliates, and/or related companies and their respective officers, directors, employees, agents, and licensors harmless from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorney’s fees and costs) arising out of, based on, relating to, or in connection with your access and/or use of this Site, or any Materials or other content provided on or through this Site, or distribution of any Materials included or accessible through this Site. You may not settle any claim against Fiserv unless Fiserv consents to such settlement. Fiserv reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fiserv’s defense of such claim.
16. Disclaimer. USE OF THIS SITE AND ANY MATERIALS YOU ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IN CONNECTION WITH YOUR USE OF THIS SITE ARE SOLELY AT YOUR OWN DISCRETION AND RISK. THIS SITE AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FISERV HAS AND SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE CAUSED TO YOU OR YOUR BELONGINGS (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA) THAT RESULTS FROM YOUR USE OF THIS SITE OR ANY MATERIALS. FISERV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS SITE AND ALL MATERIALS PROVIDED ON OR THROUGH THE SITE. SPECIFICALLY, WITHOUT LIMITING ANY OTHER DISCLAIMER INCLUDED IN THESE TERMS, FISERV MAKES NO WARRANTY OR STATEMENT THAT: (A) THIS SITE OR ANY MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THIS SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE MATERIALS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE (OR ANY INFORMATION RELATED TO SUCH MATERIALS OR USE) WILL BE ACCURATE OR RELIABLE; (D) THIS SITE OR THE MATERIALS ON THIS SITE WILL BE MAINTAINED OR UPDATED; OR (E) ANY MATERIALS YOU ACCESS, VIEW, OBTAIN OR OTHERWISE CONSIDER WILL MEET ANY EXPECTATIONS YOU MAY HAVE.
17. Limitation of Liability. IN NO EVENT SHALL FISERV OR ANY OF ITS AFFILIATES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THIS SITE OR ANY MATERIALS OR OTHER CONTENT PROVIDED ON OR THROUGH THIS SITE. FURTHERMORE, IN NO EVENT SHALL FISERV OR ANY OF ITS AFFILIATES BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF YOU, OTHER USERS OR ANY OTHER THIRDPARTIES. YOU ACKNOWLEDGE AND AGREE THAT THE RISK OF ANY INJURY RELATING THERETO RESTS SOLELY AND ENTIRELY WITH YOU.
18. Remedies for Breach. If Fiserv has reason to believe that you have engaged in any of the prohibited activities described in these Terms or have otherwise breached your obligations under these Terms, Fiserv may terminate, suspend or limit your access to or use of this Site; notify law enforcement, regulatory authorities, impacted third parties, and others as we deem appropriate; refuse to provide access to this Site to you in the future; and/or take legal action against you. In addition, Fiserv, in its sole discretion, reserves the right to terminate your access to this Site for any reason and at any time.
19. Waiver of Jury Trial. Both parties agree to waive any right to have a jury participate in the resolution of any dispute or claim between the parties or any of their respective affiliates or employers or any other intended beneficiary arising under or relating to these Terms and the use of this Site.
20. Waiver of Class Action Claims. Both parties agree to waive any right to assert any dispute or claim against the other party or any other intended beneficiary arising under or relating to these Terms or this Site as a class action.
21. No Waiver. Fiserv shall not be deemed to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by an authorized representative of Fiserv. No delay or omission on the part of Fiserv in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
22. Regional Information. Information Fiserv publishes on this Site may contain references or cross references to Fiserv products and services that are not announced or available in your country or region of the world. Such references do not imply that Fiserv intends to announce such products or services in your country. Please consult your local Fiserv business contact for information regarding the products and services which may be available to you.
23. Site Modifications. Fiserv may, in its discretion, change, limit or remove all or portions of this Site. Fiserv may also limit the availability of this Site temporarily or permanently.
24. Modifications to these Terms. Fiserv may add to or otherwise modify these Terms (in whole or in part) at any time. Such changes are at Fiserv’s discretion, and such additions or modifications shall be effective immediately upon posting to this Site. By using this Site after such additions or modifications are posted, you are agreeing to accept and comply with the Terms as modified.
25. Your Privacy. Protecting your privacy is very important to Fiserv. Please review the Privacy Notice in order to better understand our commitment to maintaining your privacy, as well as our use and disclosure of your information.
26. Privacy of Others. If you receive information about another person through this Site, you agree to keep the information confidential and only use it in connection with this Site.
27. Our Relationship With You. Fiserv is an independent contractor for all purposes with respect to this Site.
28. General. These Terms, as well as any other rules, procedures or protocols established by Fiserv (including the Privacy Notice), will, to the extent inconsistent with the terms of previous agreements and arrangements between you or your organization and Fiserv, whether written or oral, will supersede such agreements and arrangements with respect to the subject matter they address. Fiserv and its affiliates, and their directors, officers, employees, agents, successors, and assigns shall be considered beneficiaries under these Terms and shall each have the right to enforce the provisions of these Terms directly, jointly or on its own behalf. These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by Fiserv (or any of its agents) of any right under these Terms shall be deemed to be a waiver of any other term, right or obligation hereunder. To the extent any provision of these Terms, including without limitation any disclaimers set forth herein, are deemed to be unenforceable as a matter of law, all remaining provisions of these Terms shall remain in effect as written. Section headings are provided solely for convenience and shall not be given any legal import.
29. Other Fiserv Sites. These Terms are applicable to Fiserv’s Sites, as specified above. However, Fiserv also hosts and provides access to other websites, including websites that provide services (e.g. mycheckfree.com, popmoney.com) (“Other Fiserv Sites”), and an Other Fiserv Site may have its own terms and conditions posted. Those other terms and conditions shall apply to that Other Fiserv Site and the use of any services, functionalities or other offerings made in connection with that Other Fiserv Site, and these Terms shall not apply in such circumstances. Furthermore, these Terms shall not apply to any websites Fiserv creates for any individual client, and such websites shall be subject to the terms and conditions set forth in the applicable agreement between Fiserv and that client.
30. Contact and Inquiries. If you have any questions regarding these Terms or use of this Site generally, please contact Fiserv at fiservsmallbusinessindex@fiserv.com.