Terms of Use

TranzCapture, LLC, along with its affiliates and subsidiaries (collectively, “TranzCapture”), encourages you to learn more about us through the information on our websites, but before you do, you should understand that by accessing or downloading any of our webpages, submitting information on any of our online forms, or reviewing any information published on any of our websites, you are agreeing to these Terms of Use, and you are also agreeing to our Privacy Policy and consenting to our use of your confidential or personally identifiable information as outlined therein.  You should read both of these documents carefully before continuing to access or use any of our websites, and you should review both documents regularly because they can change at any time, without notice to you, in our sole discretion.  If you are not willing to agree to these Terms of Use or our Privacy Policy, you should not access any TranzCapture websites.

1. You Use Our Websites at Your Own Risk. We provide our websites as a convenience only, without warranty or assurance of any kind.  We are not representing that the content is accurate, complete, up-to-date, free from error, or otherwise reliable.  Although we try to keep our websites current and accurate, we have no duty to do so.  We give you no assurance that our websites will be free from interruptions, errors, computer viruses, exploit kits, or other harmful components. 
2. Your Conduct. You agree to all of the following: (i) not to use TranzCapture websites to upload or distribute in any way any file, program or other material that contains viruses, corrupted files or any other software or programs that may damage the operation of any TranzCapture website or of any other site, computer or network; (ii) not to interfere with or disrupt any TranzCapture website or any site that may be linked to a TranzCapture website; (iii) not to use any device, software or routine in any attempt to interfere with the proper functioning of any TranzCapture website; (iv) not to take any action or use any device that imposes an unreasonable or disproportionately large load on TranzCapture's infrastructure; (v) not to use any TranzCapture website to collect or harvest personal information including (as an example but without limitation) financial information about other participants or users of any TranzCapture website; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a credit union, company, person or entity. Further, you agree not to use any information or services available on any TranzCapture website for any illegal purpose, and you agree to comply with all regulations and laws applicable to TranzCapture websites, including, but not limited to, these Terms of Use and our Privacy Policy.
3. Disclaimer of All Warranties. ALL CONTENT ON TRANZCAPTURE WEBSITES IS PROVIDED ON AN "AS IS" BASIS BY TRANZCAPTURE, AND NEITHER TRANZCAPTURE NOR TRANZCAPTURE'S INFORMATION PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THESE TERMS OF USE OR TO THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON TRANZCAPTURE WEBSITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF TRANZCAPTURE AND TRANZCAPTURE'S INFORMATION PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (AS EXAMPLES BUT WITHOUT LIMITATION) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, RELIABILITY, COMPLETENESS, AND NON-INFRINGEMENT. Without limiting the generality or application of the foregoing, none of TranzCapture or any of its information providers makes any warranty that (i) the information set forth or offered on TranzCapture websites will meet your requirements, (ii) the provision of information on TranzCapture websites will be uninterrupted, timely, secure or error-free, or (iii) the content or information available on TranzCapture websites is complete or accurate. Some states do not allow the exclusion or limitation of certain warranties, and so the above limitations and exclusions may not apply fully to you.
4. Links from TranzCapture Websites. From time to time, TranzCapture may provide hyperlinks from its websites to other Internet sites. TranzCapture does not have any control over or any responsibility for the content of any such linked site, nor for any products or services that may be available through any such linked site. TranzCapture does not endorse any site to which its websites are linked, nor does TranzCapture guarantee in any manner, directly or indirectly, any such linked site. As an example of the foregoing (but without limiting the generality thereof) TranzCapture neither reviews nor approves, nor has any direct or indirect control over, the up-time or availability of any linked site, nor over the use that any linked site may make of information that you post or otherwise make available to such site, nor over whether any linked site will continue to offer services or information. TranzCapture does not have any responsibility or liability (and hereby disclaims any such responsibility and liability) for any and all sites that may at any time or from time to time be linked from any TranzCapture website. If you make use of any link to any other site, TranzCapture encourages you to familiarize yourself with the policies of such other site on such matters as information security, legal compliance, privacy, and up-time or reliability standards. Your access to and use of any such linked site is entirely at your own risk, and TranzCapture hereby disclaims any and all liability or responsibility for any such access or use. TranzCapture retains the right to terminate any link at any time.
5. Links to This Site. TranzCapture publishes and maintains its websites for the benefit and use of its customers, contacts, affiliates, vendors, and others with whom it has an existing commercial relationship.  Third parties are not permitted to link to any TranzCapture website without prior written consent.  If TranzCapture does provide such written consent, you acknowledge and agree that such consent only grants a limited, revocable and nonexclusive right to you or your company to create a hyperlink to TranzCapture's home page, subject to the following three conditions: (i) TranzCapture is notified in advance that the hyperlink is being created; (ii) the link does not portray TranzCapture or any of its affiliates, or their products or services, in any false, misleading, derogatory or otherwise offensive manner; and (iii) any use of any logo, trademark or other proprietary material of TranzCapture complies with TranzCapture's standards and guidelines.
6. Submission of Confidential or Proprietary Information. Every time you visit any of our websites, you automatically provide us with information—which pages you visit, what kind of device you are using, which part of the world you are located in, and many other pieces of information are collected automatically.  When you use one of our online forms, you provide significantly more information in even greater detail.  All information submitted to us, including confidential transaction information and personally identifiable information, will be handled in accordance with our Privacy Policy, which you should review prior to submitting any such information.  Confidential, proprietary, or sensitive personal information should not be submitted through our websites, and we have no responsibility for protecting, securing, or preventing further dissemination or use of such information. 
7. Intellectual Property.  All copyright to all material provided on TranzCapture websites is held by TranzCapture, or by a licensor to TranzCapture. You acknowledge and agree that the information presented to you through TranzCapture websites, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, is the property of TranzCapture or its content suppliers and is protected by copyright, trademark, service mark, patent and/or other proprietary rights and laws. By placing copyrightable material or other intellectual property on its websites, TranzCapture does not grant any license or authorization to you or any other user of TranzCapture websites, other than to use such material or intellectual property in connection with proper access to such websites and in compliance with these Terms of Use. However, you may print a copy of the information on TranzCapture websites for your personal, non-commercial use, or for your company's internal use or records. In so doing, you may not modify the information, materials or intellectual property and you agree to retain all copyright and other proprietary notices contained in or attached to the information, materials or intellectual property. The trademarks, service marks and logos (hereinafter referred to as the "Trademarks") used and displayed on TranzCapture websites are registered and unregistered Trademarks of TranzCapture and others. Nothing on any TranzCapture website should be construed as granting, whether by implication, by estoppel or otherwise, any license or right to use any Trademark without the prior written permission of the Trademark owner.
8. Affiliates. TranzCapture has various affiliates that operate separately and independently, and information on TranzCapture websites might be applicable to some, but not all, of such affiliates. 
9. Local Laws. TranzCapture websites are designed and published in the United States, and we can give you no assurance that our content or materials, or the publication thereof, would be lawful in your jurisdiction.  You are responsible for complying with the laws of your jurisdiction, and TranzCapture disclaims all responsibility for any violations of law resulting from you accessing or downloading any of our websites.
10. Indemnification. You hereby agree to indemnify, defend, and hold harmless TranzCapture, as well as its officers, directors, employees, agents, licensors, suppliers, and third-party information providers, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees and litigation expenses, arising from or relating to any violation of these Terms of Use, or of our Privacy Policy, by you. 
11. Limitation of Liability.  IN THE CONTEXT OF ANY DISPUTE ARISING FROM OR RELATING TO ANY TRANZCAPTURE WEBSITES, UNDER NO CIRCUMSTANCES (INCLUDING, AS AN EXAMPLE BUT WITHOUT LIMITATION, NEGLIGENCE) WILL TRANZCAPTURE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING AS EXAMPLES BUT WITHOUT LIMITATION, LOSS OF DATA OR LOSS OF PROFIT) ARISING OUT OF THE USE, OR OUT OF THE INABILITY TO USE, ANY TRANZCAPTURE WEBSITES OR THE MATERIALS ON SUCH WEBSITES, EVEN IF TRANZCAPTURE OR AN AUTHORIZED REPRESENTATIVE OF TRANZCAPTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Governing Law and Venue. These Terms of Use and our Privacy Policy, and any disputes arising therefrom or relating thereto in any way, shall be governed by and construed under and in accordance with the laws of the State of Texas.  You agree that the exclusive venue for any disputes arising from or relating to these Terms of Use or our Privacy Policy shall be in the state and federal courts located in Dallas County, Texas. 
13. No Waiver.  Any failure by TranzCapture to insist upon or enforce strict performance of any provision of these Terms of Use or its Privacy Policy shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use or TranzCapture’s Privacy Policy.  TranzCapture may assign its rights and duties under these Terms of Use or its Privacy Policy to any party at any time without notice to you.