WELCOME TO WWW.HEARTLANDPAYMENTSYSTEMS.COM\LENDING AND LENDING REFERRAL SERVICES OF HEARTLAND LENDING SERVICES (COLLECTIVELY, “WEBSITE”). HEARTLAND LENDING SERVICES IS A PARTNERSHIP BETWEEN HEARTLAND PAYMENT SYSTEMS, INC. AND ENCORE CAPITAL FINANCE, LLC (COLLECTIVELY, “HLS”, “WE” OR “US”). THIS PAGE EXPLAINS THE TERMS BY WHICH YOU MAY USE THE WEBSITE AND ANY CONTENT (SUCH AS TEXT, DATA, VIDEO, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT HLS MAY MAKE AVAILABLE THROUGH THE SITE. PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE PRIVACY POLICY STATEMENT. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO ACCESS THE WEBSITE.

Scope of Use

These Terms apply to your use of the Website. These Terms do not apply to your use of unaffiliated websites to which the Website is linked. The access rights granted to you under these Terms are non-transferable without the express written permission of HLS.

Changes to the Terms and Website

HLS may, in its sole discretion, modify or update the Terms from time to time, and so you should review this page periodically. When we change the Terms, we will update the ‘last modified’ date at the top of this page. If there are material changes to these Terms, we will notify you by prominently posting a notice of such changes prior to implementing the change. Your continued use of the Website after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Website. From time to time, HLS may update, improve, change, add to (or remove from) the information and documents on this Website without notice.

Eligibility

You may use the Website only if you can form a binding contract with HLS (i.e., not of an age of majority in your state of residency), and act in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under cannot form a binding contract is strictly prohibited and in violation of these Terms.

Ownership

The Website and all materials contained in the Website, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “HLS Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Heartland Payment Systems, Inc. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to use the HLS Content or a right to any such intellectual property, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HLS Content. In addition, you may not use any trademarks, logos, and service marks contained on the Website for any purpose including, but not limited to, use as links or meta-tags in other pages or websites on the Internet without the written permission of Heartland Payment Systems, Inc. or the third party who owns the Mark. Use of the HLS Content for any purpose not expressly permitted by these Terms is strictly prohibited.

You may choose, or we may invite you, to submit comments or ideas about the Website, including without limitation about how to improve the Website or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place HLS under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, HLS does not waive any rights to use similar or related ideas previously known to HLS, or developed by its employees, or obtained from sources other than you.

Description of Services

HLS refers merchants to various HLS lending partners for commercial loans. HLS does this by evaluating each interested merchant’s business and matching the merchant up with potential lenders. HLS’s services are included within the definition of “Website” as used herein.

By providing HLS your email address you consent to our using the email address to send you service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the HLS service and special offers. If you do not want to receive such marketing email messages, you may opt out through the opt out link at the bottom of the email. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Service Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to a server HLS utilizes than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that HLS grants the operators of public search engines revocable permission to use spiders to copy materials from www.heartlandpaymentsystems.com/lending for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information, including account names, from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.

Accessing the audiovisual content available on the Website for any purpose or in any manner other than streaming is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Website to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by a user.

We may, without prior notice, change the Website; stop providing the Website or features of the Website, to you or to users generally; or create usage limits for the Website. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

You are solely responsible for your interactions with other HLS users. We reserve the right, but have no obligation, to monitor disputes between you and other users. HLS shall have no liability for your interactions with other users, or for any user’s action or inaction.

Use of Content

Some areas of the Website may allow users to post or submit content such as personal information, comments, questions, and other content or information (any such materials a user submits, posts, displays, or otherwise makes available on the Website (“User Content”). You may use the Website to access information relating to your individual account, or a program or service in general, subject to the terms and conditions of that particular service as well as these Terms and the Privacy Policy. By posting any User Content on the Website, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Heartland Payment Systems, Inc. a royalty-free, perpetual, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Website.

Inappropriate and Illegal Content

You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), publicity rights or rights of privacy. HLS reserves the right, but is not obligated, to reject and/or remove any User Content that HLS believes, in its sole discretion, violates these provisions.

Responsibility for Content

In connection with your User Content, you affirm, represent and warrant that (A) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Website and these Terms, and each such person has released you from any liability that may arise in relation to such use; (B) your User Content and HLS’s use thereof as contemplated by these Terms and the Website will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights; and (C) to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate. HLS takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Website. You shall be solely responsible for your User Content and the consequences of posting or publishing it.

Third Party Links

The Website may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HLS. HLS does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Website, you do so at your own risk, and you understand that these Terms and HLS’s Privacy Policy Statement do not apply to your use of such sites. You expressly relieve HLS from any and all liability arising from your use of any third-party website, service, or content.

Hold Harmless and Indemnity

You agree to hold harmless HLS (including Heartland Payment Systems, Inc. and Encore Capital Finance, LLC, separately and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Website, including any data or content transmitted or received by you. You agree to indemnify and defend HLS (including Heartland Payment Systems, Inc. and Encore Capital Finance, LLC, separately and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors), from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (i) your violation of any term of these Terms; (ii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iii) your violation of any applicable law, rule or regulation related to your use of the Website; (iv) any claims or damages that arise as a result of your User Content; or (v) any other party’s access and use of the Website with your unique username, password or other appropriate security code.

No Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HLS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, HLS, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

Limitation of Liability

You may use the Website only if you can form a binding contract with HLS (i.e., not of an age of majority in your state of residency), and act in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Website by anyone under cannot form a binding contract is strictly prohibited and in violation of these Terms.

Eligibility

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HLS, HEARTLAND PAYMENT SYSTEMS, INC., ENCORE CAPITAL FINANCE, LLC, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE. UNDER NO CIRCUMSTANCES WILL HLS (INCLUDING HEARTLAND PAYMENT SYSTEMS, INC. OR ENCORE CAPITAL FINANCE, LLC, SEPARATELY) BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HLS, HEARTLAND PAYMENT SYSTEMS, INC. AND ENCORE CAPITAL FINANCE, LLC ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HLS, HEARTLAND PAYMENT SYSTEMS, INC. OR ENCORE CAPITAL FINANCE, LLC., THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO HLS HEREUNDER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HLS, HEARTLAND PAYMENT SYSTEMS, INC. OR ENCORE CAPITAL FINANCE, LLC WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy and Transmission of Personal Data

We care about the privacy of our users. You understand that by using the Website (i.e. providing HLS with any personal information through the Website) you consent to the collection, use and disclosure of information as set forth in our Privacy Policy Statement , and to have your personal information collected, used, transferred to and processed.

Security

HLS cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. HLS is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. User is responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of HLS’s Website. In order to protect HLS and the data accumulated by it, HLS may suspend all use of the Website in general or your use of the Website in particular or the information relating to you, without notice, pending an investigation, in the case of a breach, or a suspected breach, of security.

Special License Restrictions For Non-Human Visitors

Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically.

Users Outside U.S.

This site is hosted by Heartland Payment Systems, Inc. from its corporate offices in Princeton, NJ, U.S.A. Heartland Payment Systems, Inc. makes no representation that the HLS Content on the Website is appropriate or available for use in jurisdictions outside the U.S.A.

Other Terms

These terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HLS without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HLS’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. This Agreement and performance hereunder and actions related hereto shall be governed by the internal laws of the State of New Jersey, without regard to its conflict of laws principles.

Contact

For additional inquiries about these Terms, please contact Heartland Payment Systems at 1-888-798-3131 to speak to a legal representative, or send Heartland Payment Systems a letter to:

General Counsel Office
Heartland Payment Systems, Inc.
90 Nassau Street
Princeton, NJ 08542