GLOBAL PAYMENTS CONSULTANTS LLC – TERMS OF USE
Last updated: July 31, 2024
This Terms of Use (hereinafter the “Terms”) is an agreement between you and Global Payments Consultants LLC (hereinafter “we”, “us”, “our”) and establishes the legally binding terms and conditions for your use of our website https://www.globalpaymentsconsultants.com (hereinafter the "Website"), as well as in relation to any of our sales, marketing activities, or other services available on our Website. These Terms shall apply regardless of the method of access (via personal computers, mobile devices, or other means) or any other applications through which you interact with us.
The Privacy Notice, outlined in Section 5 of these Terms, determines how we collect, process, and use your Personal Information, as well as description of your rights.
You confirm that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, please stop using the Website. To use the Website, you must be at least 18 years old.
We will periodically review and revise these Terms, updating the effective date accordingly. We encourage you to regularly review these Terms. By continuing to use the Website after any changes are posted, you accept any of those changes that we’ve made to these Terms. Please cease using our Website if you do not agree with these Terms.
ARBITRATION NOTICE AND CLASS ACTION WAIVER. EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 4 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Your Use of the Website
Access to the Website. Your use of the Website governed by these Terms.
Content. The content on the Website is available to all users and is made available for information purposes only. You acknowledge that the Website may contain links to third-party sites that are entirely independent of us, and not controlled by us. We do not endorse or recommend any specific products or services accessed through the Website and do not guarantee the accuracy, completeness, or authenticity of the information on the Website.
Permitted use. While using the Website, you agree to:
Refrain from modifying, translating, adapting, or creating derivative works of the Website or any content published.
Use the Website solely as permitted by these Terms for your personal use.
Avoid uploading any information that contains software viruses or harmful code.
Refrain from using automated means to access, monitor, or copy any part of the Website.
Not remove or alter any intellectual property notices from the Content.
Not circumvent or disable any security features of the Website.
Not reverse engineer, decompile, or attempt to discover any source code related to the Website.
Use the Website in a manner that does not adversely affect their performance or interfere with other users.
Right to contact. By providing your contact information, such as an email address or telephone number, in connection with a specific activity, you acknowledge that this action establishes a business relationship with us, akin to a purchase or inquiry. You explicitly agree to allow us to communicate with you using the contact information you provided directly or which you authorized us to obtain. You confirm that you have the legal authority over the contact information given to us and can authorize us and/or third parties to reach out to you. Consequently, you may be contacted via in-person interactions, recorded messages, email, telephone (including mobile), text (SMS) messages, or any other communication methods your device can receive, in compliance with applicable laws and regulations.
Termination. We reserve our right to monitor use of our Website for the purpose of determination of behavior which deteriorates from these Terms. We may terminate your access to the Website at any time without notice if, in our sole opinion, you have violated any provision of these Terms. Termination does not limit our rights or remedies at law or in equity.
Ownership of Content and Marks. The Website, and all content published on, is owned by us, our affiliates or licensors and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. All trademarks, logos, service marks, trade names, and trade dress appearing on the content and Website is our property.
2. Third Party Links
No Third-Party Beneficiaries. Except as explicitly stated in these Terms, no third parties shall benefit from these Terms.
External Links, The Website may contain links to other websites, mobile applications, or resources. Since we do not control these external sites or applications, you acknowledge and agree that we are not responsible for their availability. We do not endorse or assume liability for any content, advertisements, products, services, or other materials available on these external sites or applications. Furthermore, we do not endorse any external websites, mobile applications, or resources, or the products or services offered through them.
3. Disclaimer. Limitation of Liability
DISCLAIMER. YOUR USE OF OUR WEBSITE IS AT YOUR OWN RISK AND AT SOLE DISCRETION. THE CONTENT AND INFORMATION OFFERED ON WEBSITE INCLUDING WITHOUT LIMITATION OUR RANKINGS, ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT:
THAT THE WEBSITE OR ANY OF ITS FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT THE WEBSITE DEFECTS WILL BE CORRECTED;
THAT ANY PART OF THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING WHETHER UPDATES WILL AUTOMATICALLY DOWNLOAD WHEN INSTALLED OR THAT DEPENDING ON YOUR DEVICE WHETHER UPDATES WILL BE AVAILABLE TO YOU.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED THEREFROM; OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, COMMUNICATIONS, THEFT, DESTRUCTION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM THE INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
4. Dispute Resolution
Governing Law. These Terms will be governed by and interpreted according to the laws of the State of California, excluding its conflict of laws principles. However, the Arbitration provisions will be governed by the Federal Arbitration Act.
Arbitration. To initiate arbitration, a party must send a written Notice of Dispute to the other party, detailing the claim and relief sought. Our notice to you will be based on the latest contact information you have provided. The receiving party has 60 days to resolve the claim before arbitration can proceed. If unresolved, arbitration will be conducted by JAMS with a single arbitrator experienced in the internet industry, following substantive law. This section constitutes a written agreement to arbitrate under the Federal Arbitration Act. The arbitration will take place in California, and for claims under $5,000, you may choose between an in-person or telephone hearing. Each party will bear its own costs. JAMS rules are available at www.jamsadr.com, and any procedural fairness conflicts will be governed by JAMS standards. Disputes related to the interpretation or enforceability of these Terms will be resolved by the arbitrator, except for issues related to the Class Action Waiver. Disputes involving our intellectual property rights or statutory claims that cannot be arbitrated are exempt from arbitration.
Limitation of Legal Remedies. If mediation does not resolve the dispute, you and we agree to arbitrate the matter through binding arbitration under the JAMS Arbitration Rules and Procedures. This arbitration will be conducted on an individual basis only, with no class relief, except for disputes involving our intellectual property rights and statutory claims that cannot be arbitrated. This arbitration agreement is intended to be broadly interpreted, covering all claims based on contract, tort, statute, fraud, misrepresentation, or other legal theories. The arbitrator's decision will be final and binding, subject to limited exceptions under the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and can be enforced in any court with proper jurisdiction.
Class Action Waiver. Claims against us can only be brought individually, not as part of a class action or representative proceeding. All arbitrations must be conducted on an individual basis, with no class-wide relief. You agree not to participate in any class, representative, or collective actions or combine claims with those of others. Both you and we voluntarily waive the right to a jury trial for any disputes arising from these Terms or the Website.
Severability. If any part of this section is found unlawful, unenforceable, or void, that provision will be ineffective only to that extent, and the remaining provisions will continue to be enforceable. However, if the Class Action Waiver cannot be enforced, the arbitration provision will not apply.
5. Privacy Notice
Introduction. This section explains our practices regarding the Personal Information we collect from you while you are visiting or using our Website. This Notice explains what Personal Information we collect about California Applicants, why we collect it, how we use and share it, and the rights you have relating to your Personal Information under the California Consumer Privacy Act, as modified by the California Privacy Rights Act of 2020 (the “CCPA”). For the purpose of this section, the term “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.
Collection of Personal Information. We collect, use, and/or disclose and, within the past twelve (12) months, may have collected, used, and/or disclosed the following categories of Personal Information as described below.
Category of Personal Information | Categories of Sources and Purposes for Collection and Use | Categories of Recipients and Business Purposes for Disclosure |
Identifiers, including real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, driver’s license number, passport number, or other similar identifiers | Sources
Purposes for Collection and Use
| Recipients
Business Purposes for Disclosure
|
Customer records: Paper and electronic customer records containing Personal Information, such as name, signature, address, telephone number, bank account number, credit card number, debit card number, or any other financial information. | Sources
Purposes for Collection and Use
| Recipients
Business Purposes for Disclosure
|
Characteristics of protected classifications under California or federal law, including age and date of birth, marital status, race, ancestry, ethnic origin, sex, gender, sexual orientation, gender identity, religion or creed, military or veteran status, medical condition, genetic information, disability | NOT COLLECTED | NOT COLLECTED |
Internet or other electronic network activity information, including browsing history, search history, and information regarding your interactions with our websites, applications, or advertisements | Sources
Purposes for Collection and Use
| Recipients
Business Purposes for Disclosure
|
Geolocation data, including location data inferred from your device IP address | Sources
Purposes for Collection and Use
| Recipients
Business Purposes for Disclosure
|
Audio/visual: Audio, electronic, visual, thermal, olfactory, or similar information. | NOT COLLECTED | NOT COLLECTED |
Employment history: Professional or employment-related information. | NOT COLLECTED | NOT COLLECTED |
Education information: Information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). | NOT COLLECTED | NOT COLLECTED |
Profiles and influences: Inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. | NOT COLLECTED | NOT COLLECTED |
Purposes for Collecting. Generally, we may use the above categories of Personal Information for the following purposes:
To communicate with you about your use of our Website, to respond to your inquiries, and for other customer service purposes.
To send you email marketing about our products and services.
To conduct internal analysis of outreach and marketing efforts, as well as for market research or member satisfaction purposes.
To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
Where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms.
We will only use your Personal Information when the law allows us to. Most commonly, we will use your Personal Information in the following circumstances:
Where we need to perform the contract we are about to enter into or have entered into with you.
Where we need to comply with a legal or regulatory obligation.
California Consumer Privacy Rights. California law grants residents specific rights concerning their Personal Information and imposes restrictions on certain business practices. As a California consumer, you have the right to request information about the Personal Information we collect, use, disclose, and sell.
Opt-Out of Sales. California residents can opt out of having their Personal Information sold. We do not sell Personal Information about any users, including California residents, except as defined in this section. To exercise your rights, please use the “Do Not Sell Or Share My Personal Information” link. We also do not sell Personal Information of individuals under 16 years old without explicit opt-in consent.
Requests for Personal Information. California residents can make the following requests up to twice every 12 months, at no charge, with certain exceptions:
Deletion. You can request the deletion of Personal Information we have collected about you, with some exceptions. We may retain information to:
Complete transactions, provide requested goods or services, or perform contracts.
Detects security incidents and prevents fraudulent or illegal activities.
Debug and repair errors.
Exercise free speech or protect another consumer’s right to free speech.
Comply with legal obligations, including the California Electronic Communications Privacy Act.
Conduct public or peer-reviewed research that adheres to applicable ethics and privacy laws.
Use internally in ways aligned with your expectations based on our relationship.
Comply with legal obligations or other lawful purposes.
Copy. You can request a copy of specific Personal Information we have collected about you in the past 12 months.
Right to Know (Collection). You can request details on how we have handled your Personal Information in the last 12 months, including:
Categories of Personal Information collected.
Sources of Personal Information.
Purposes for collecting and selling your Personal Information.
Categories of third parties with whom we have shared your Personal Information.
Right to Know (Disclosure and Sale). You can request information about how we have sold or disclosed your Personal Information in the past 12 months, including:
Categories of Personal Information collected.
Categories of third parties to whom information was sold, and specifics of what was sold.
Categories of third parties with whom information was disclosed for business purposes.
Correction of Inaccurate Information. You have the right to request corrections to any inaccurate Personal Information we hold about you. We will make commercially reasonable efforts to correct this information as directed.
Submitting Requests. To exercise your rights, you may submit a request through our online form or by email at nick@globalpaymentsconsultants.com. We will respond to your requests within 45 days. If additional time is needed, we will notify you.
Verification of Identity. When submitting a request, we will take steps to verify your identity, which may include matching your request to our records or asking for additional information. For account holders, signing in may be required. We will only complete requests once your identity has been verified to a reasonable degree.
Authorized Agents. California consumers may designate an authorized agent to exercise their rights under the CCPA.
Incentives and Non-Discrimination. The CCPA prohibits discrimination against consumers for exercising their rights. This includes:
Not denying or altering the quality of goods or services based on their exercise of rights.
Not charging different prices or rates without a reasonable connection to the value of the consumer’s data.
Disclosure of Incentives. If financial incentives are offered related to Personal Information, residents must be informed of the terms and have the right to opt-in or opt-out. We do not offer any incentives at this time.
California’s Shine-the-Light Law. Under California’s Shine-the-Light law (Cal. Civ. Code § 1798.83), residents may request information about any Personal Information shared with third parties for their direct marketing purposes. Requests can be made annually and should be sent via email to nick@globalpaymentsconsultants.com, stating that the requester is a California resident and providing a current California address.
California Privacy Rights Statistics. Businesses processing Personal Information of 4 million California consumers are required to provide statistics on the number of privacy rights requests they receive.
6. Privacy Notice
Entire Agreement. These Terms, along with the policies referenced herein, constitute the complete and exclusive agreement between you and us. They replace any previous or concurrent agreements related to your use of the Website.
Severability. If any provision of these Terms is deemed unlawful, unenforceable, or void by a court with appropriate jurisdiction or an arbitrator, that provision will be ineffective only to the extent it is found to be unlawful, unenforceable, or void. The remaining provisions will remain in full force and effect. However, if the Class Action Waiver for any Claim cannot be enforced, the arbitration provision will not apply.
Headings. The headings in these Terms are provided for convenience only and do not affect the interpretation or construction of this agreement.
Non-Waiver. Our failure to exercise any rights or enforce any breaches of these Terms by you, either partially or fully, does not prevent us from exercising those rights or enforcing subsequent breaches. Any waiver of a breach does not imply a waiver of any subsequent or other breaches.
Cumulative Rights and Remedies. The rights and remedies available to us under these Terms and any other applicable agreements are cumulative. Exercising any right or remedy does not limit our ability to exercise any other right or remedy.
California Residents Rights. If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 which states:
“A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor.”
7. How to Contact Us
Should you have any questions regarding these terms or your Personal Information please contact us at:
Post address: 1788 Missouri St, Suite A, San Diego, CA 92109