Laserfiche WebLink
DocuSign Envelope ID: 69E4955D-23F3-4407-84A7-E75FDC837DB9 <br />in connection therewith. Global Direct specifically disclaims all warranties as to the <br />merchantability, condition, design, or compliance with specifications or standards, <br />and expressly disclaims all implied warranties, including without limitation implied <br />warranties of merchantability, fitness for a particular use, or noninfringement of third <br />party rights, with respect to the CallPop OpenEdge Services. Global Direct does not <br />warrant that the CallPop OpenEdge Services will operate without interruption or on an <br />error -free basis. Global Direct shall have not liability to Merchant for incidental, special, <br />consequential, indirect or exemplary damages, including without limitation lost profits, <br />revenues and business opportunities, or damages for injury to person or property, <br />arising out of or in connection with the use by Merchant of the CallPop OpenEdge <br />Services. <br />35. DISCOVER PROGRAM MARKS. Merchant is hereby granted a limited non-exclusive, non- <br />transferable license to use Discover brands, emblems, trademarks, and/or logos that identify Discover <br />cards ("Discover Program Marks"). Merchant is prohibited from using the Discover Program Marks <br />other than as expressly authorized in writing by Global Direct. Merchant shall not use the Discover <br />Program Marks other than to display decals, signage, advertising and other forms depicting the <br />Discover Program Marks that are provided to Merchant by Global Direct pursuant to this Card Services <br />Agreement or otherwise approved in advance in writing by Global Direct. Merchant may use the <br />Discover Program Marks only to promote the services covered by the Discover Program Marks by <br />using them on decals, indoor and outdoor signs, advertising materials and marketing materials; <br />provided that all such uses by Merchant must be approved in advance by Global Direct in writing. <br />Merchant shall not use the Discover Program Marks in such a way that customers could believe that <br />the products or services offered by Merchant are sponsored or guaranteed by the owners of the <br />Discover Program Marks. Merchant recognizes that it has no ownership rights in the Discover Program <br />Marks and shall not assign to any third party any of the rights to use the Discover Program Marks. <br />36. PAYPAL MARKS. PayPal Marks means the brands, emblems, trademarks, and/or logos that identify <br />PayPal Acceptance. Merchant shall not use the PayPal Marks other than to display decals, signage, <br />advertising, and other forms depicting the PayPal Marks that are provided to Merchant by Global Direct <br />pursuant to the Merchant Program or otherwise approved in advance in writing by Acquirer. Merchant <br />may use the PayPal Marks only to promote the services covered by the PayPal Marks by using them <br />on decals, indoor and outdoor signs, advertising materials and marketing materials; provided that all <br />such uses by Merchant must be approved in advance by Global Direct in writing. Merchant shall not <br />use the PayPal Marks in such a way that customers could believe that the products or services offered <br />by Merchant are sponsored or guaranteed by the owners of the PayPal Marks. Merchant recognizes <br />that it has no ownership rights in the PayPal Marks. Merchant shall not assign to any third party any of <br />the rights to use the PayPal Marks. Merchant is prohibited from using the PayPal Marks, not permitted <br />above, unless expressly authorized in writing by PayPal. <br />37. AMERICAN EXPRESS CARD ACCEPTANCE. <br />37.1. If Merchant accepts American Express transactions, Merchant hereby acknowledges and <br />agrees that for purposes of acceptance of American Express, the American Express Guide is <br />hereby incorporated by reference into this Card Services Agreement. In addition, Merchant <br />agrees to comply with the terms of all other security and operational guides published by <br />American Express from time to time, including the American Express Data Security <br />Requirements. Merchant hereby authorizes Global Direct to submit American Express <br />transactions to, and receive settlement from, American Express on behalf of Merchant. <br />Merchant must accept the American Express card as payment for goods and services (other <br />than those goods and services prohibited under the American Express Guide sold, or (if <br />applicable) for charitable contributions made, at all of its establishments, except as expressly <br />permitted by state statute. Merchant is jointly and severally liable for the obligations of <br />