TERMS AND CONDITIONS
Please read these Terms and Conditions (the "Terms") carefully before using 1stfmg.com (the "Website") operated by 1st Financial Merchant Group, LLC ("Company," "we," "us," or "our"). Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part, you must not access the Website.
INTERPRETATION AND DEFINITIONS
INTERPRETATION
Words with initial capital letters have meanings defined below. These definitions apply whether they appear in singular or plural.
DEFINITION
Account means a unique account created for you to access parts of the Website (if enabled).
Affiliate means an entity that controls, is controlled by, or is under common control with a party.
Device means any device that can access the Website such as a computer, cellphone, or tablet.
Feedback means ideas, suggestions, or proposals sent by you regarding our Website or services.
Service means the Website and the information, tools, and features we provide (including the Upload Your Statement feature and support forms).
Third‑Party Service means any website, service, or content (including data, information, products, or services) not owned or controlled by the Company.
You means the individual accessing the Website, or the company or other legal entity on whose behalf that individual accesses the Website.
ACKNOWLEDGEMENT
These Terms govern the use of this Website and the agreement between you and the Company. Your access and use are conditioned on your acceptance and compliance with these Terms and our Privacy Policy (available on the Website), which describes how we collect and use your information. If you are using the Website on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.
INTELLECTUAL PROPERTY
The Website and its original content, features, and functionality (including text, graphics, logos, icons, images, software, and layout) are and will remain the exclusive property of the Company and its licensors and are protected by copyright, trademark, and other laws. No right, title, or interest is transferred to you other than a limited right to access and use the Website in accordance with these Terms. All rights not expressly granted are reserved.
PROHIBITED USES
You agree not to use the Website:
in any way that violates applicable law;
for the purpose of exploiting, harming, or attempting to exploit or harm others;
to transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
to impersonate or attempt to impersonate the Company or any person or entity; or
to engage in any conduct that restricts or inhibits anyone's use of the Website, or that may harm the Company or users of the Website. You also agree not to:
disable, overburden, damage, or impair the Website;
use any robot, spider, or other automatic device, process, or means to access the Website for any purpose; or
introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
LINKS TO OTHER WEBSITES
Our Website may contain links to Third‑Party Services that are not owned or controlled by the Company. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third‑Party Services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third‑Party Services. We strongly advise you to read the terms and conditions and privacy policies of any third‑party websites or services that you visit.
UPLOADS AND SUBMISSIONS
If you upload or submit documents (for example, merchant processing statements via the Website), you represent that you have the right to do so and that your submission does not include cardholder primary account numbers (PANs), magnetic‑stripe data, or CVV/CVC. You grant the Company a limited license to use such submissions solely to evaluate and prepare pricing or savings analyses and proposals, and to provide support you request.
RELIANCE ON PERSONAL INFORMATION
Content on the Website is provided for general informational purposes only and does not constitute legal, financial, accounting, or other professional advice. You should not take or refrain from taking any action based on information on the Website without seeking appropriate professional advice.
TERMINATION
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will cease immediately. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall the Company or its affiliates, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use, or alteration of your transmissions or content.
"AS IS" AND "IS AVAILABLE" DISCLAIMER
The Website is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title, and non‑infringement, and warranties that may arise from course of dealing, course of performance, or usage of trade.
IDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your content, any use of the Website's content, services, and products other than as expressly authorized, or your use of any information obtained from the Website.
GOVERNING LAW
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Your local mandatory consumer protection laws may also apply.
DISPUTE RESOLUTION
Before filing a claim, you agree to try to resolve the dispute informally by contacting us at [email protected] (or the email in Contact Us below). If we cannot resolve the dispute within 30 days, each party may pursue permitted remedies in a court of competent jurisdiction in Los Angeles County, California. Nothing in this section limits either party’s right to seek injunctive or other equitable relief.
SEVERABILITY AND WAIVER
If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition.
CHANGES TO THESE TERMS
We may modify or replace these Terms at any time. We will post the updated Terms on this page and update the "Last updated" date above. Changes are effective when posted. Your continued use of the Website after posting means you accept the changes.
CONTACT US
If you have questions about this Privacy Policy or our privacy practices, or if you would like to exercise your rights, contact us:
Email: [email protected]
Phone: 866‑368‑6394
Mail/Visit: 1st Financial Merchant Group, LLC, 21224 Vanowen Street, Los Angeles, CA 91303, United States
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