Protected: New Account Steps

Member Agreement

Welcome to FIRSTUSA, before you can start using this service, you must read and agree to the Terms of Use and Privacy Policy, including any future amendments.

Terms of Use

CONTRACT FOR SERVICES

FirstUSA Business Development, Inc. (FirstUSA)

TERMS & CONDITIONS.

You should carefully read the following Terms and Conditions (also referred to as the “Terms of Use”, “Terms of Service” or “TOS”). Your use of our service(s) implies that you have read and accepted these Terms and Conditions. By selecting  the “Accept Button” you agree to the following TOS.

Refund Policy

You can find this policy located at https://www.firstusadata.com/refund-policy/. This policy is the specific language within the contract for services by and between FirstUSA Business Development, Inc. (FirstUSA) and your company at the Applicant. If your contract stipulates that your Initial Deposit is non-refundable do to FirstUSA Business Development, Inc. (FirstUSA) allocating time and resources this Policy is firm. We allocated our human resources based on a 24-hour day, thee 8-hour shifts, across all time zones to properly handle all clients. Once we accept you into the Client System to complete the allocation of work to be preformed according to the Contract you signed, we have to decline other potential clients that would normally fill that allocation. Your Initial Payment at the point of cancellation offsets losses caused by your cancellation that we would normally not incur.  As the Client you have a responsibility to respond to reasonable requests from FirstUSA Business Development, Inc. (FirstUSA) so that the project does not go past the 14 days. Our 14-days delivery date is subject to you as the Clients being response and responding to reasonable requests made by FirstUSA Business Development, Inc. (FirstUSA) that are deemed as required or necessary to complete this “Contract For Services” therefore the 14 days may be extended based on the Clients response time and unforeseen events not in the control of FirstUSA Business Development, Inc. (FirstUSA).

Termination.

If you wish to terminate this Agreement or your FIRSTUSA account (if you have one), you may simply discontinue using the Website and notify us in writing or by e-mail according to the Refund Policy within this document. Notwithstanding the foregoing, if you have a Paid for services, such account can only be terminated by FIRSTUSA if you materially breach this Agreement and fail to cure such breach within thirty (30) days from FIRSTUSA’s notice to you thereof; provided that, FIRSTUSA can terminate the Website immediately as part of a general shut down of our service or other lawful reason. Additionally, a paid account may be temporarily terminated pending a determination of the facts relating to a possible breach of this Agreement. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Client may cancel this Agreement for any reason by providing written notice within three (3) business days of the Effective Date to FirstUSA Business Development, Inc. (FirstUSA) at support@firstusadata.com. With respect to the written notice required under this section, notice will be deemed to be effective as of the date and time such notice is emailed to FirstUSA Business Development, Inc. (FirstUSA) by Client. Within ten (10) business days of receipt of a written notice of cancellation pursuant to this section a., FirstUSA Business Development, Inc. (FirstUSA) agrees to provide a full refund of all amounts paid to FirstUSA Business Development, Inc. (FirstUSA) under this Agreement. The refund provided under this section (a) shall be in the same form of tender as used for the original payment by Client.

More than three (3) days of the Effective Date, Client may terminate this Agreement solely by providing written notice and paying FirstUSA Business Development, Inc. (FirstUSA) all amounts to be paid to FirstUSA under this Agreement, including but not limited to, all fees, charges, taxes, late fees, and/or collection costs. With respect to such written notice of Client’s termination of the Agreement, such notice will be deemed to be received when emailed to support@firstusadata.com.

FirstUSA Business Development, Inc. (FirstUSA) may terminate this Agreement without notice and may terminate any Service at any time for any reason, including but not limited to: (i) Client’s breach or anticipated breach of this Agreement; (ii) Client’s use or suspected use of any of the Services in any manner inconsistent with this Agreement or FirstUSA Business Development, Inc. (FirstUSA) policies; (iii) Client’s providing false, inaccurate, out-dated, or unverifiable identification information, credit information, or other data or information in connection with the purchase or use of the Services; (iv) Client’s insolvency or bankruptcy; (v) Client’s interference or failure to cooperate with FirstUSA Business Development, Inc. (FirstUSA) operations or provision of Services; or (vi) if FirstUSA Business Development, Inc. (FirstUSA) believes the action is in its best interests or in the best interests of its clients.

No exception to the cancellation provisions set forth in this section will be allowed except as by required by law.

 Late Payment and Non-Payment, Collection.

Client’s failure to make any payment as it becomes due constitutes a material breach of this Agreement permitting FirstUSA Business Development, Inc. (FirstUSA), at its sole discretion, to terminate providing Services and/or charge and collect late payment and collection charges, including but not limited to collection agency fees, up to the highest rate and amount permissible by law. Except as provided in the Termination section below, Client agrees to remain liable for all amounts owed, including but not limited to fees, charges, taxes, late fees, and collection costs, notwithstanding termination of Services.

Disclaimer of Warranties.

The materials on FIRSTUSA’s Website are provided ‘as is’. FIRSTUSA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, FIRSTUSA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site.

Client acknowledges and agrees that the Services are provided on an “as is” and “as available” basis without any representation or warranty, express or implied. FirstUSA Business Development, Inc. (FirstUSA) does not warrant that the Services will meet the Client’s requirements or that the Services will be uninterrupted or error-free. FirstUSA Business Development, Inc. (FirstUSA) also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by Client from use of the Service, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. Client’s use of the Services is at the Client’s own risk, and FirstUSA Business Development, Inc. (FirstUSA) specifically denies any responsibility for the accuracy or quality of Services.

FirstUSA Business Development, Inc. (FirstUSA) assumes no responsibility for the results achieved by Client from using the Services. FirstUSA Business Development, Inc. (FirstUSA) does not represent or guarantee any increased sales, revenues, profits, or success due to the Services provided to Client. FirstUSA Business Development, Inc. (FirstUSA) also does not guarantee any particular search engine ranking, traffic, and/or placement in any search engines. FirstUSA Business Development, Inc. (FirstUSA) does not authorize anyone to make warrantees or guarantees on its behalf that are inconsistent with this Agreement. To the extent Client believes that anyone acting on Impact Rankings’ behalf has made a warranty or guarantee inconsistent with this Agreement, Client’s sole option is to refuse to execute and accept this Agreement.

Limitation of Liability.

In no event will FIRSTUSA, or its suppliers or licensors, or any individuals associated with those entities, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to FIRSTUSA under this agreement during the twelve (12) month period prior to the cause of action. FIRSTUSA shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

FirstUSA Business Development, Inc. (FirstUSA) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, RELATING TO OR ARISING FROM THIS AGREEMENT OR ANY ACT OR OMISSION RELATING TO IT, OR THE SERVICES. TO THE EXTENT ALLOWED BY LAW, FirstUSA Business Development, Inc. (FirstUSA) LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIM OR JUDGMENT IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. THE LIMITATIONS OF THIS SECTION ALSO APPLY TO ANY CLAIM, JUDGMENT OR DEMAND MADE AGAINST FirstUSA Business Development, Inc. (FirstUSA) OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, AND OTHER REPRESENTATIVES.

Client expressly releases FirstUSA Business Development, Inc. (FirstUSA) from any liability for any content, act or omission of any third party. The Services provided by FirstUSA Business Development, Inc. (FirstUSA) to Client may include materials from third parties or links to third party websites. The inclusion of these materials and links: (a) are not an endorsement by FirstUSA Business Development, Inc. (FirstUSA) of these third parties, their products or websites; (b) are not an acknowledgement of any relationship with such third parties; or (c) a warranty or representation of any kind regarding such third parties, their products, or their websites. These third party materials are provided as a convenience and are not under FirstUSA Business Development, Inc. FirstUSA Business Development, Inc. (FirstUSA) control or ownership. FirstUSA Business Development, Inc. (FirstUSA) is not responsible for the content of third parties or for examining or evaluating the accuracy or quality of their products or the content on their websites.

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the FIRSTUSA  Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification.

You agree to indemnify and hold harmless FirstUSA Business Development, Inc., the website FIRSTUSA, its contractors, and its licensor’s, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation of this Agreement.

Applicable Law & Jurisdiction

Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service (“Judicial Action”) shall be governed by the law of the state of residence of the registered Administrative Contact (the “Admin State”) for the Website as such laws are applied to agreements between Admin State residents entered into and performed entirely within the Admin State. You consent to the jurisdiction of federal and state courts within the Admin State. You consent to the venue in any action brought against him in connection with breaches of these Terms of Service. You consent to electronic service of process regarding actions under the above agreement.

Prohibited Practices & Non-Disparagement.

  1. Client shall not use the Services or refer, or encourage others to refer, to FirstUSA Business Development, Inc. (FirstUSA), its customers, owners, officers, directors, personnel, agents, representatives or affiliates on any manner that is illegal, fraudulent, threatening, abusive, defamatory, or obscene, or that could cause damage or adversely affect its customers, reputation, business, and property, services or products in any manner.
  2. Client shall not make or encourage others to make any statement or release any information that is intended to, or reasonably could be foreseen to, embarrass, criticize, damage, or adversely affect Impact Rankings, its customers, owners, officers, directors, personnel, agents, representatives or affiliates. A statement or release of any information under this section includes, but is not limited to, posting on internet websites, bulletin boards, blogs, or discussion groups, and submission to any publication.
  3. Due to the difficulty of ascertaining the pecuniary amount of damages caused by any violation of this section, the parties agree that for each violation of this section, the violating party shall pay the damaged party liquidated damages in an amount not less than ten (10) times the annual fee for all Services to which this Agreement applies. Client agrees that this liquidated damages provision is a reasonable estimate of the damage caused to FirstUSA Business Development, Inc. (FirstUSA) due to a violation of this section.

Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend FirstUSA Business Development, Inc. (FirstUSA) and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.

Non-Assignment.

Client’s rights and obligations under this Agreement may not be assigned without the written consent of FirstUSA Business Development, Inc. (FirstUSA).  To the extent FirstUSA Business Development, Inc. (FirstUSA) agrees in writing to an assignment of Client’s rights and obligations under this Agreement, the original parties to this contract remain obligated hereunder until termination of the Agreement.

Arbitration.

In the event a dispute shall arise between the parties to this Agreement, it is hereby agreed that the sole means of resolving the dispute shall be through binding arbitration at Judicial Dispute Resolution (JDR) in Clearwater, Florida or at another alternate service agreed to by the parties for arbitration in accordance with the American Arbitration Association’s “Commercial Arbitration Rules”. The arbitrator’s decision shall be final and legally binding and judgment may be entered thereon. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Commercial Arbitration Rules. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including reasonable attorney’s fee for having to compel arbitration or defend or enforce the award.

Venue.

Regardless of the place of signing of this Agreement or any laws regarding choice of laws, the parties agree that for purposes of venue, this contract was entered into in Pinellas County, Florida, and any dispute will be litigated or arbitrated in Pinellas County, Florida, applying the laws of the State of Florida.

Waiver of Class Action Right.

THE PARTIES AGREE TO WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE, REPRESENTATIVE OR CONSOLIDATED BASIS, TO THE EXTENT ALLOWED BY LAW. THIS SECTION APPLIES TO ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING BETWEEN THE PARTIES.

Waiver of Right to Jury Trial.

TO THE EXTENT ALLOWED BY LAW, THE PARTIES AGREE TO WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING BETWEEN THE PARTIES.

One Year Period to Raise Disputes.

NOTWITHSTANDING THE “DISCOVERY RULE” OR ANY OTHER APPLICABLE LAW, RULE OR STATUTE, CLIENT AGREES TO CONTACT FirstUSA Business Development, Inc. (FirstUSA) WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE REGARDING ANY CLAIM OR DISPUTE RELATED TO THIS AGREEMENT OR THE SERVICES. IF CLIENT DOES NOT NOTIFY FirstUSA Business Development, Inc. (FirstUSA) OF SUCH CLAIM OR DISPUTE WITHIN ONE (1) YEAR OF THE EFFECTIVE DATE, THEN CLIENT AGREES THAT CLIENT WAIVES THE RIGHT TO PURSUE SUCH CLAIM OR DISPUTE.

Modifications.

Client may not modify the terms of this Agreement without Impact Rankings’ express written permission. FirstUSA Business Development, Inc. (FirstUSA) may modify the Agreement by providing Client with notice of material changes by posting such material changes on its website, or by mail or email to Client’s email address or mailing address. Client’s continued use of the Services after notice of a material change constitutes acceptance of any such modification. If such a change creates a material adverse impact on the Services, Client is permitted to send Seller a written cancellation of such Services within thirty (30) days of the date that the modification occurs. In the event of a termination under this section, Client shall remain liable for any unpaid amounts owed for Services prior to the date the termination takes effect.

Severability.

If any provision of this AGREEMENT shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this AGREEMENT and shall not affect the validity and enforceability of any remaining provisions.

Conditions Beyond Control Of The Parties.

Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party’s reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or a party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of non-liability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

Enforceability After Waiver.

Waiver of any provision herein shall not be deemed a waiver of any other provision herein, nor shall waiver of any breach of this Agreement be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.

Sole Agreement; Effect of Electronic Signature and Verification.

  1. This Agreement constitutes the sole contract between Client and FirstUSA Business Development, Inc. (FirstUSA) regarding the subject of this Agreement. The terms contained within this written Agreement are the exclusive obligations to which the parties are bound. By electronically signing this Agreement at the echosign.com web page linked to this Agreement, Client agrees to be bound by the terms of this Agreement. Client further agrees that this written Agreement contains all promises that were made to Client regarding the subject of this Agreement.
  2. Client acknowledges and understands that electronically signing this Agreement has the same legal and equitable force and effect as if the Client signed this Agreement with their handwritten signature.

Privacy Policy

FIRSTUSA owns and operates this website. We are committed to the privacy and security of our visitors’ information. The following is a statement of our privacy practices:

Information Collected

  • Your personal information is not required to visit https://www.firstusadata.com
  • Any personal information collected is knowingly provided by you and only when requested/required during account registration for interactive participation on https://www.firstusadata.com and during the ordering process

Traffic Data

  • Your IP address is a numeric address assigned to your computer, assigned by your Internet service provider. We automatically collect your IP address as traffic data so that we can send information back to you when requested. This is not used to identify your personal information.
  • Referrers are references to the web address you linked from and is automatically passed along by your web browser. We collect referrers your browser sends as part of traffic data. This is not attached to personally identifiable information.
  • System information such as your operating system/platform, and the type of web browser you use. This is not attached to personally identifiable information.

Information Use

Account Information

  • Your information is maintained on a secure web server in what we believe to be a well protected environment.
  • FIRSTUSA only shares personal information to billing companies for completing transactions and for no other purpose. No other information is shared with any other third-party company for any purpose, under any circumstance.
  • FIRSTUSA makes every effort to preserve your privacy, personal information may be disclosed when required by law where we have a good-faith belief that such action is necessary to comply with a judicial proceeding, court order or legal process.

Cookies

https://www.firstusadata.com relies on “cookie” technology to allow you to re-access your registered account profile during a web session. This mechanism is employed solely for your convenience and for no other purpose.

Links

This Web site contains links to other sites. Please be aware that we, FIRSTUSA, are not responsible for the privacy practices of such other sites. We encourage our visitors to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.

Security

This web site takes every precaution to protect our visitor’s information. When visitors submit sensitive information via the web site, their information is protected both online and off-line.

We do everything in our power to protect user-information off-line. All of our customers’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Finally, the servers that store personally identifiable information are in a secure environment, in a locked facility.

If visitors have any questions about the security on https://www.firstusadata.com, feel free to contact Customer Service.

Correcting, Updating, Deleting & Deactivating Personal Information

If a visitor’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a visitor no longer desires our service, we provide a way to correct, update or delete/deactivate personally identifiable information. This can usually be done at the ‘Your Account’ page or by contacting our Customer Service.

Notification of Changes

If we decide to change our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our visitors are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

If, however, we are going to use visitors’ personally identifiable information in a manner different from that stated at the time of collection we will notify users by posting a notice on our web site for 30 days.

The Agreement

By clicking “I agree” you are indicating that you have read and agree to the above Terms & Conditions



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