Terms & Conditions

Site License and Terms of Use

 

Site License and Access

By accessing this KC Payments LLC, dba Diversified Payments ("Diversified") website (the "Site,") you agree that your access to, and use of the Site will be subject to the conditions set forth in this legal notice and all applicable laws. If you do not agree and accept, without limitation or qualification, these terms, please exit the Site.

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This Site and all of its content, including, but not limited to, all text, graphics, logos, button icons, images, software, and the presentation contained herein, belongs to Diversified. The design and layout of this Site (the look and feel of the Site) is the exclusive property of Diversified and may not be used, copied, distributed or displayed in any way. All trademarks, logos, or service marks, whether registered or unregistered, are proprietary to Diversified. This Site may contain proprietary notices and copyright information, the terms of which must be observed and followed. Diversified makes no representation that materials, products or services depicted in the site are appropriate or available in all locations.

Diversified grants you a limited license to make personal use of the Site. Except as noted, you are not conveyed any right or license by implication, estoppel, or otherwise, to use, reproduce, transmit, perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any of the content or information contained within this Site, including but not limited to, any of Diversified's intellectual property.

Your limited license to use does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative use of the Site and its contents; and (d) use of any data mining, robots, or similar data gathering and extraction methods. You may not use, frame, or utilize framing techniques to enclose any Diversified trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Diversified's express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any of Diversified's name, trademarks, or product names without Diversified's express written consent.

No images on this site may be used without first seeking Diversified's express permission to obtain high resolution formats. To request permission to use Diversified's intellectual property, Contact US to execute the appropriate permission request forms. Diversified reserves the right to refuse any permission request for any reason.

Any unauthorized use of this Site will terminate the limited license and/or rights granted herein. Unauthorized uses of Diversified's intellectual property may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law, including the seeking of criminal prosecution when warranted.

 

Changes / Accuracy of Information

Information may be changed or updated without notice. Diversified may also make improvements and/or changes in the products, services and/or programs described in this information at any time without notice.

Diversified assumes no responsibility regarding the accuracy of the information that is provided by this Site and use of such information is at the recipient’s own risk. Information on this Site may contain technical inaccuracies or typographical errors and may not be complete. Prices and availability are subject to change without notice. Diversified apologizes for any inconvenience. Reference should be made to the program documents for each fleet for precise terms and conditions.

Colors

Diversified has made every effort to ensure that the colors of the images on its Site are depicted as accurately as possible. However, as monitors and other user equipment vary, Diversified cannot guarantee that your monitor’s display of color will be accurate.

 

Global Availability

Information Diversified publishes on the World Wide Web may contain references or cross references to Diversified's products, programs and services that are not announced or available in your country. Such references do not imply that Diversified intends to announce such products, programs or services in your country. Consult your local Diversified business contact for information regarding the products, programs and services that may be available to you.

Diversified's obligations with respect to its products and services are governed solely by the agreements under which they are provided, If you obtain a product or service from Diversified off this Site that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

 

Links

Diversified makes no representations whatsoever about any other site which you may access through this one. When you access a non-Diversified Web site, even one that may contain the Diversified's logo, please understand that it is independent from , and that Diversified has no control over the content on that Web site. In addition, a link to a non-Diversified Web site does not mean that Diversified endorses or accepts any responsibility for the content, privacy policies, security or the use of such a Web site. It is up to you to take precautions to ensure that your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

Disclaimer of Warranties

All information is provided by Diversified is on an “AS-IS” basis only. Diversified provides no representations and warranties, express or implied, including the implied warranties of fitness for a particular purpose, merchantability and noninfringement.

 

Exclusion of Liability

Your use of the site and any of its content or features is at your own risk. In no event will Diversified nor any of its subsidiaries, affiliates, officers, directors, agents, contractors, representatives, employees, successors, or assigns, or any other party involved in creating, producing, or delivering this site, be liable to any party for any direct, indirect, punitive, incidental, special or other consequential damages for any use of this Web site or content, or on any other hyper-linked web site, including, without limitation, any lost profits, business interruption, loss of programs or other data on your information handling systems or otherwise, even if we are expressly advised of the possibility of such damages. Because some states do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation may not apply to you.

 

Law and Jurisdiction

This Legal Statement and your use of the Site are governed by the laws of the State of Texas without regard to its choice of law provisions. The courts of general jurisdiction located within Texas shall have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Legal Statement and/or the Site or in which this Legal Statement and/or the Site are a material fact.

 

General

This Legal Statement may not be modified except in writing. If any of these terms shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be severed from these terms and shall not affect the validity and enforceability of the remaining provisions.

 

Consent to phone calls and text messages

By completing any form on Diversifed's website, landing pages promoting a product or service, and or completing a paper form and signing it, you consent to Diversified calling or texting you or authorizing others to call or text you on its behalf, including but not limited to, at any number you provide to Diversified for any purpose, including marketing Diversified's services. You acknowledge that being included in any state or federal “do not call” list(s) will not be sufficient to remove you from Diversified's phone marketing list. If you ask to have your number placed on our “do not call” list, we will not call you at that number for marketing purposes. You acknowledge that you are responsible for charges for incoming text messages on your wireless phone(s). By accepting these Terms, you expressly consent to be contacted by us for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages to your mobile device), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system, for any and all purposes. Automated messages may be played when the telephone is answered, whether by you or someone else. We may also leave a message on your answering machine, voice mail, or send a message via text. You certify, warrant, and represent that the telephone numbers that you have provided to us are your numbers and not someone else’s. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number. You certify that your provided mobile number is true and accurate and that you are authorized to enroll the designated mobile number to receive SMS messages. To unsubscribe from text messages at any time, reply STOP to any text message you receive from us. You consent that, following such a request to unsubscribe, you may receive one final text message from us confirming your request. For help contact us at support@diversifiedpayments.com.