Terms and Conditions of Use

These Terms and Conditions of Use (the “Terms”) govern your use of the Ares Communications Group (“ACG”)’s website FintechWire and its subsites: BanktechWire, SecuritiestechWire and InsurtechWire (collectively “the Site), including all web pages thereunder, and your use of any other services offered by ACG (collectively, including the Website, the “Services”). These terms incorporate the ACG Privacy Policy which can be found on www.fintechwire.com. These Terms also include any other disclosures or disclaimers related to the Services which are identified on the website or in conjunction in any way with the Services or contained in other communications from ACG to you, including without limitation, email communications. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SERVICES OR USING THE WEBSITE. BY ACCESSING, USING, OR PARTICIPATING IN THE SERVICES (INCLUDING USE OF THE WEBSITE) YOU EXPRESSLY AGREE TO THESE TERMS.

Restrictions on Use

The site is controlled and operated by ACG or its representatives. All material on the Site, including, but not limited to, images, illustrations, audio clips and video clips, is protected by copyrights, trademarks, registered and unregistered, and other intellectual property rights which are owned and controlled by ACG or by other parties that have licensed their material to ACG. Material from any web site owned, operated, licensed, or controlled by ACG may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means unless otherwise agreed to in writing by ACG. The materials on the Site may not be used for commercial benefit without prior expressed written permission by ACG.

Use of the Services

ACG authorizes you to view and access the content available on or from the Site solely for your personal use, and any modification of the materials on the Site or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. Except as expressly allowed by these Terms of Use and/or some other written agreement between you and ACG, the use of any such material on any other website or networked computer environment is prohibited. The Site may contain other proprietary notices, trademark and/or copyright information, the terms of which must be observed and followed. Information on the Site may be changed or updated without notice.

We grant you a personal, limited, revocable, non-transferable, non-exclusive license to access and use the Services in accordance with these Terms and any separate commercial arrangement we make with you.

You acknowledge and agree that we maintain all right, title, and interest in and to the Services, including without limitation the Website (and all text, images, trademarks, logos, and other content thereon), and except for the limited license right above nothing in these Terms shall be construed as granting you any proprietary or license rights in or to the Services or anything contained therein.

We reserve the right, in our sole discretion, to change, suspend, add to, or discontinue any aspect of the Services, and we will not be liable to you or to any third party for doing so. Your continued use of the Services will constitute your acceptance of any such changes.

You may use the Services only in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading, or posting of information on or through the Website, and are responsible for the consequences of such communications.

In addition, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on the Site into a readable form to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited. You shall not engage in “spidering,” “screen scraping,” “database scraping,” harvesting of user information, or any other automatic means of accessing, logging-in or registering on this website, or obtaining or accessing any information from or through the Site. You shall not use the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

You may not use the Site in order to transmit, post, distribute, store or destroy material, including without limitation, content from the Site, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of ACG or any other third party, or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

All communications from you related to the Services, including without limitation content submitted or transmitted by you to ACG, by electronic mail or otherwise, shall be treated as non-confidential and non-proprietary information, unless specifically indicated by you either prior to, or contemporaneously with, the submission or transmission of such communications and content.

Using the Services may require the use of a username and password or other form of authentication where appropriate. The confidentiality of the access credentials and account itself are your responsibility. Any activities that occur under users’ accounts are their responsibility. You agree to notify ACG immediately of any unauthorized use of accounts or any other breach of confidentiality or security. The use of another person’s access credentials is expressly prohibited.

You acknowledge that the use of the implemented authentication methods are an adequate form of security. You are solely responsible for (1) authorizing, monitoring, controlling access to, and maintaining strict confidentiality of your access credentials; (2) not allowing another person to use your access credentials; (3) any changes or damage that may be incurred as a result of your neglect to maintain the strict confidentiality of your access credentials; and (4) promptly informing ACG in writing of any need to deactivate an account due to security concerns or otherwise.

ACG is not liable for any harm related to the misuse or theft of access credentials, disclosure of access credentials, or your authorization to allow another person or entity to access and use the Services using your access credentials. You will be held liable for any harm ensuing from the use of your account in connection with the Services.

Disclaimer

You expressly agree that your use of the services is at your own risk. Neither ACG nor any other party involved in creating, producing, or delivering the services makes any representations: (1) about the suitability of the services for any purpose; (2) that your use of the services will be uninterrupted or error-free; (3) that the services, or any third-party websites, will meet your requirements; or (4) that the services will be timely or secure.

ACG does not make any warranty as to: (1) the results that may be obtained from the use of the services; (2) the confidentiality or privacy of any user’s information, except as set forth in the ACG’s privacy policy; or (3) the accuracy or reliability of any information obtained through the services.

Any material or data downloaded or otherwise obtained through the use of the website is downloaded at your own risk, and you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. No opinion, advice or information obtained by you from ACG or through the services shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

Except to the extent prohibited by applicable law, you acknowledge and agree that in no event shall ACG be liable for any consequential, direct, incidental, indirect, punitive, or special damages, or otherwise for any damages arising out of, or in any way connected with: (1) your use or the inability to use the services; (2) the cost of procurement of substitute services; (3) any services purchased or obtained, or messages received or transactions entered into, through the website; or (4) the unauthorized access to or alteration of your transmissions or data, regardless of whether such damages are based on contract, strict liability, tort, or other theories of liability, and also regardless of whether ACG was given actual or constructive notice that damages were possible.

In the event ACG bears liability for damages, losses, and causes of action, the liability will be limited to the maximum amount paid by you, if any, for using the services in the twelve (12) months prior to the events giving rise to the alleged liability or one hundred and fifty dollars ($200), whichever is greater.

Contacting the Site (or ACG)

If you have any questions about this privacy statement, the practices of this site, or your experience with this site, you can contact: rmisasi@arescommgroup.com.

This Website may contain links to other sites. We are not responsible for the privacy practices or the content of such Websites.

Changes to this Policy

ACG hereby reserves the right, in ACG’s sole discretion, to make changes to these Terms. Such changes will become effective upon their posting. ACG encourages you to review these Terms on an ongoing basis.

Opting-Out If at any time, a User decides to end their relationship with PYMNTS.com they may e-mail: rmisasi@arescommgroup.com to be removed from the database.

Compliance with Applicable Laws

You acknowledge and agree that you will comply with all applicable international, national, federal, state, and local laws, codes, regulations, rules, and requirements which apply to your use of, participation in, and access to the Services.

Indemnification

You agree to indemnify, defend, and hold harmless ACG and its affiliates, as well as their directors, officers, employees, agents, successors and assigns, from and against all liabilities, losses, damages and costs, including reasonable attorneys’ fees, they may suffer as the result of third-party claims, demands, actions, suits or judgments against them resulting from or arising out of: (a) your violation of these Terms or applicable laws or regulations; or (b) your negligence or willful misconduct; or (c) your inappropriate use of copywritten materials in any of your submissions.

Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code

We respond to notices of alleged copyright infringement under the United States Digital Millenium Copyright Act. Ares Communication Group, owner of FintechWire, BanktechWire, SecuritiestechWire, and InsurtechWire, works to ensure that all media posted to our site or in our apps do not infringe upon the copyright, trademark, or certain other intellectual property rights of third parties. If you believe that your intellectual property rights have been infringed, please notify us and our management will investigate. For more information and to learn how to submit a notice to Ares Communication Group, click this link: DMCA POLICY

Governing Law and Venue, Partial Enforceability

Arbitration or any other litigation shall take place in Middlesex County, Massachusetts, but may proceed telephonically if the parties so agree. These Terms shall be governed and enforced by applicable laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions thereof.

If any term or provision of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such term or provision shall be deemed null and void and shall not affect the application and/or interpretation of these Terms. The remaining terms or provisions of these Terms shall continue in full force and effect, as if the invalid or unenforceable term or provision was not a part of these Terms.