Please read the following information carefully. This website, and the goods and services related thereto, are provided subject to the terms and conditions set forth below. Your continued use of this website will indicate your agreement to be bound by and comply with these terms and conditions. If you are not willing to accept these terms and conditions, do not use this website.
Materials, including images, text, products, or methods shown or described on this Website, are subject to intellectual property rights owned and reserved by InComm Payments. No commercial use or publication, including hyperlink framing and database construction and storage, may be made of these materials without the express written permission of InComm Payments. Brand names and trademarks shown on this website are either owned by InComm Payments and generally are federally registered or in the process of federal registration or are owned by other parties who are identified and acknowledged where possible. Products or devices displayed or offered for sale on this website are generally either subject to patent protection or pending patent applications, and individual units are so marked or otherwise identified as provided by law.
1. Acceptance of Terms
Welcome to the website owned by InComm Payments. InComm Payments provides its products and services to you, the user, subject to the following Terms and Conditions ("Terms"). For the purposes of these Terms, “user”, "you", "your" and “yours” shall mean you, the user of the InComm Payments website, and "we", "us," and "our" means InComm Payments and, if applicable, those third parties acting on behalf of InComm Payments from time to time. By accessing a InComm Payments website ("Website") on the Internet or World Wide Web, you agree to comply with and be bound by the Terms. By using InComm Payments products or services, including a Website, you are subject to any guidelines, rules, requirements or notifications provided on the Website and applicable to such products or services. All such guidelines, rules, requirements and notifications are hereby incorporated by reference into the Terms. By accessing a Website, you are also agreeing that the Terms, including, but not limited to, the exclusions and limitations of liability set forth herein, are reasonable. If you do not agree to be bound by and comply with the Terms, do not use or further access this Website. Note that we reserve the right to refuse any or all of our products or services to anyone at any time, at our sole discretion.
2. Legal Capacity
This Website is intended for use by individuals with the legal capacity to enter into contractual agreements and to be bound thereby, namely, those who are at least 18 years of age or older, emancipated minors, or those otherwise having legal capacity. If you are an unemancipated minor, or otherwise without capacity, your parent or legal guardian must approve and agree to be bound by these Terms on your behalf prior to engaging in any transaction or other activity using this Website or related services.
3. Electronic Communications
When you visit the Website, send information or data to the Website, or send an email to InComm Payments, you are communicating with InComm Payments electronically. We use the manner and form of communication deemed reasonably appropriate for a given situation, including regular mail, faxes, email, posts to the Website, and hard wired and cellular phones. InComm Payments prefers to utilize email as much as possible to increase efficiency and to facilitate prompt communication. You consent to InComm Payments communicating with you via any of the above-mentioned methods, including via electronic communication and, in particular, via email.
4. Products and Services
Products, such as gift cards and related packaging, e.g. gift card holders, may be selected and purchased on the Website ("InComm Payments Products"). Some InComm Payments Products can be customized with text, pictures, graphics, sound and/or video. After you have completed and paid for your order, InComm Payments will produce the InComm Payments Products that you have selected, and ship or otherwise transmit them to the recipients, and at the addresses, specified by you. The pricing for InComm Payments Products, which is stated in U.S. dollars, is set forth on the Website and incorporated into these Terms by reference. Prices and fees may change over time, however, you will be provided with a current price prior to placing an order. Since all purchases of InComm Payments Products are non-returnable and non-refundable, please place, complete and review your order carefully. If you have any questions or problems with your order, or if your order has not been received by the time expected, please contact us as soon possible by calling us at 1-844-966-6422. Be sure to include your order number or any incident number provided by us in all communications with us to so that we may quickly identify your order and any previous communications
5. Intellectual Property and Other Proprietary Rights
6. Limited License
InComm Payments grants you a limited license to access and make personal use of this Website but not to download it (except for browser caching), modify it, or make use of the Website except as provided by the Terms. Specifically, you acknowledge that you receive no license for commercial use of the Website, for resale of any Content, for collection and/or use of product descriptions, listings or prices, for data gathering or for use of data extractions tools such as data mining software. You agree not to "frame" or "mirror" any Content or third-party content contained on or accessible from a Website on any other server or Internet-based device without the advance written authorization of InComm Payments or its licensors or licensees, respectively. You agree not to use InComm Payments trademarks or other Content in meta tags or other hidden web page text. You are granted a nonexclusive, limited and revocable license to create and use a hyperlink to the Website home page, so long as the hyperlink, and text and images proximate thereto, do not portray InComm Payments or the Website, or its products and services, in a false, misleading, derogatory, libelous or offensive manner. You agree not to use InComm Payments trademarks or Content in any promotions without previously receiving the express written consent of InComm Payments.
7. Online Conduct
Use of the Website is subject to applicable local, state, federal and international law. Certain unauthorized uses of the Website by you could subject you to criminal prosecution and/or personal liability for damages. You agree not to use the Website, or any of the Content, for any illegal purpose or to cause harm to another. Without limitation thereto, you specifically agree not to:
- upload, post, email, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, indecent, pornographic, harassing, tortuous, inflammatory, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, politically, legally, morally, religiously, or otherwise objectionable or invasive of another’s rights;
InComm Payments reserves the right to block posting of any material that is deemed: unlawful, harmful, threatening, abusive, indecent, pornographic, harassing, tortuous, inflammatory, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, politically, legally, morally, religiously, or otherwise objectionable or invasive of another’s rights;
- harm minors in any way;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, email or otherwise transmit false or misleading information;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through a Website;
- upload, post, email or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
- upload, post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other intellectual or proprietary rights of any party;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt any Website or servers or networks connected to any Website, or disobey any requirements, procedures, policies or regulations of networks connected to any Website;
- upload, post, email or otherwise transmit any material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national, or international law;
- 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, or any regulations having the force of law.
8. Use of Content
InComm Payments grants you permission to access and view the Website and to electronically design and customize InComm Payments Products for the sole purpose of generating and submitting an order. Any other use of the Website or of the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of a Website or the Content. Without limiting the foregoing, any unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.
9. Third-Party Sites, Products and Services
InComm Payments products and services may be made available to you through the use of third-party web sites ("Third-Party Sites"). If you accessed a Website through a link from a Third-Party Site, or if a Website provides links to any Third-Party Sites, you agree that we have no control over the content on such Third-Party Sites and you agree that we are not liable for the products or services offered on such Third-Party Sites. We do not offer any warranty regarding the quality, accuracy, timeliness, reliability or any other aspects of products or services from third-parties. You agree that we are not responsible for any damages that you incur arising from your use of products or services from third-parties, and you release us from, and agree not to assert, any claims against us arising from such use or damages.
10. User Submitted Data
a. Copyright and Trademark
You are wholly responsible for any information or data that you transmit to the Website ("User Submitted Data"), whether such data consists of pictures, art work, text, logos or other data types, such as audio, video, or multimedia. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner or to use trademarks without the permission of the trademark owner. You are responsible for assuring that no User Submitted Data you transmit to a Website violates any copyright or trademark right, and that it complies with these Terms. Before transmitting User Submitted Data to a Website, you should assure that such User Submitted Data is in the public domain and therefore not subject to copyright protection, or that you have the consent of the copyright or trademark owner to use the User Submitted Data. By uploading User Submitted Data to a Website and/or by submitting User Submitted Data for integration into any InComm Payments Product for processing, sharing, storage or fulfillment, you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the User Submitted Data solely in connection with our providing products and/or services to you, and you represent and warrant to us that the User Submitted Data is in the public domain or that you have all right, title and interest in and to all copyrights or other proprietary rights in the User Submitted Data, or that you have the express permission to copy and use such User Submitted Data for all purposes related to the products you order through the Website. You further represent that the User Submitted Data does not violate or infringe upon the proprietary rights (including privacy, moral or publicity rights) of others.
b. User Submitted Data Content Policy and Acknowledgement; Compliance with Law.
You may not upload to a Website any material, whether text, images, or otherwise, that infringes any copyright, trademark, right of privacy, right of publicity, or any other right of a third party, including, without limitation, images of celebrities, actors, musicians, sports figures, politicians, cartoon characters or public figures of any kind. You may not upload to a Website any material, whether text, images, or otherwise, that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. You may not upload to a Website any phone numbers, addresses, account numbers, personalized identification numbers or URL addresses (collectively, "Inappropriate Content"), except as specifically requested, if at all, by InComm Payments. The content of the User Submitted Data that you submit is governed by applicable laws (including laws which prohibit infringement of copyrights and trademarks, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the User Submitted Data. However, we (and our licensees, suppliers, fulfillers, and Third-Party Sites, and merchants offering products through a Website ("Merchants")) reserve the right at all times to review the User Submitted Data, to disclose the User Submitted Data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the User Submitted Data, to remove the User Submitted Data, and to refuse to perform any orders for processing or fulfillment for User Submitted Data that are, in our sole judgment and discretion, (or in the sole judgment and discretion of any of the entities described above), objectionable or in violation of these Terms. In the event that you submit User Submitted Data to a Website for inclusion on a gift card and the Merchant issuing the gift card believes the gift card contains Inappropriate Content, the Merchant may reserve the right to refuse to honor the gift card. InComm Payments reserves the right to determine, at its sole discretion, whether User Submitted Data will be accepted for incorporation into InComm Payments Products. If InComm Payments does not approve the User Submitted Data, we will notify you, typically by email, that your submission has been rejected. At such time you may be allowed, at the sole discretion of InComm Payments, to submit other User Submitted Data for consideration in a subsequent order.
You agree to indemnify InComm Payments and hold InComm Payments and our licensees, suppliers and fulfillers, owners and operators of Third-Party Sites and Merchants, harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of (a) any claim by a third party that the User Submitted Data (or the use thereof) constitutes an infringement or other violation of such third party's trademark, copyright, intellectual property rights or other rights; or (b) your use of any Inappropriate Content; or (c) any violation of law by you; or (d) any acts prohibited by these Terms. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.
11. Limitation and Disclaimer of Warranties; Limitation of Liability
You agree that in the event of any damage to or loss of a InComm Payments Product by us (or by our licensees, suppliers, fulfillers, owners and operators of Third-Party Sites and Merchants), even through negligence or other fault, our sole obligation (and the sole obligation of our licensees, suppliers, fulfillers, owners, and operators of Third-Party Sites and Merchants), and your sole remedy, is, at our option, to replace the lost or damaged InComm Payments Product or to provide you with a refund or credit for the cost of the purchase price for the lost or damaged InComm Payments Product. To qualify for such remedy, you must submit a claim within thirty (30) days from your date of purchase. To the fullest extent permitted by applicable law, all other warranties (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, durability and non-infringement) are expressly disclaimed. All Websites, content, and the products and services available through the Websites are provided on an "as is" and "as available" basis, with all faults. Neither InComm Payments nor any of its affiliated companies, nor any of their licensees, suppliers, fulfillers, owners and operators of Third-Party Sites or portals, or Merchants, makes any warranty or representation with respect to the quality, accuracy, or availability of any Website. The foregoing disclaimer includes, without limitation, a disclaimer of any warranty or representation that the Websites will be uninterrupted, reliable, secure or error free, or that the Websites or our servers are free of viruses or other harmful components; or that the Websites will otherwise meet your expectations. Under no circumstances shall we (or our licensees, suppliers, fulfillers, owners and operators of Third-Party Sites or Merchants) be liable for damages of any kind, under any legal theory arising out of or in connection with your use of, inability to use, any Website, any Content, or any products or services offered through a Website, including any direct, indirect, incidental, special or consequential damages (including but not limited to damages for loss of profits, use, data or other intangibles) even if we, or our licensees, suppliers, fulfillers, owners and operators of Third-Party Sites or Merchants, have been advised of the possibility of such damages. Without limiting the foregoing, this disclaimer of liability applies to any loss or damage arising out of the customization, processing, storage or fulfillment of any material, InComm Payments Product, or User Submitted Data, the inability to use a Website, any changes to a Website (or its products and/or services), or the unauthorized access to or alteration of your transmissions or data. Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the foregoing limitations may not apply to you. In addition, in the event you violate these Terms and you intentionally publicize such violation, you acknowledge that InComm Payments and its affiliated companies may suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage. Furthermore, you agree to refrain from using the services offered through the Website, including ordering any InComm Payments Products, in any manner that would cause damage to the public reputation of InComm Payments, its affiliated companies, and their employees, shareholders, board members, Merchants, or third parties for which InComm Payments provides services. In the event that you use or publicly display any products ordered through the Website, including by display on the Internet, in order to intentionally bring harm to InComm Payments or any of its affiliated companies or their employees, or shareholders, or board members, or to owners or operators of Third-Party Sites, or Merchants, InComm Payments reserves the right to demand the immediate return of any InComm Payments Product ordered from a Website, to invalidate, without refund, the value of any gift card included in such InComm Payments Product, and to pursue any and all further remedies available to InComm Payments and its affiliated companies under the law.
12. Termination of Use
You agree that if you violate any of these Terms, or if your account has been inactive for more than one year, we may terminate your right to use the Website or block access thereto, including removal of account privileges, and that we will have no obligation to return your User Submitted Data to you. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination. Your sole recourse and remedy if InComm Payments terminates your right or ability to use a Website is to receive a refund for any products or services paid for but not processed or fulfilled by InComm Payments, if any.
13. Privacy and Security
14. Applicable Law
This website can be accessed from all 50 states, as well as from other countries around the world. Since each of these locations has laws that may differ from those of the State of Kansas, by accessing this Website both you and InComm Payments agree that if there is any dispute about or involving the Website or its products or services, or any transactions arising therefrom, the dispute shall be governed by the laws of the State of Missouri, USA, without regard to conflict of law provisions or principles, and you agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts of the United States located in the State of Missouri Any action brought by you with respect to anything related to a Website must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or related to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. InComm Payments makes no representation that the Contents are appropriate or will be available for use in other locations. If you use a Website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on a Website are solely directed to individuals, companies or other entities located within the United States.
15. Risk of Loss
You acknowledge that title and risk of loss for items purchased by you through a Website passes to you upon delivery by InComm Payments or InComm Payments’ designate to the shipping carrier.
16. All Sales Final; Prices and Costs Subject to Change
Unless otherwise provided for in writing, all sales are final and there are no refunds, returns or credit for products or services ordered. Shipping and Handling costs are not refundable. Any order submitted or accepted, and any product shipped or otherwise provided by InComm Payments, shall be subject to these Terms. All prices, costs and taxes associated with transactions on a Website are given in U.S. dollars. It is your responsibility to pay all applicable taxes on purchases made on the Website. At our sole discretion, we may add, delete or change some or all of the prices of our products and services, or costs associated with shipping, at any time without notice, other than such notice as is provided on the relevant Website.
We may assign our rights and responsibilities hereunder without notice to you.
If any of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on the applicable Website. These Terms constitute the entire agreement between you and InComm Payments with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any Website. The failure of InComm Payments to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by InComm Payments in writing. Your use of a Website, however, is subject to the additional disclaimers and caveats that may appear throughout such Website.
18. Contact Information
If you have any customer service-related questions, please contact us at 1-844-966-6422.