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40.4.6.4. NOTWITHSTANDING THE CAPABILITY OF CLOVER INSIGHTS TO
<br />COLLECT AND STORE CUSTOMER INFORMATION, SOME STATES MAY LIMIT
<br />YOUR USE OF SUCH INFORMATION ONCE COLLECTED, EVEN IF THE
<br />CUSTOMER HAS PROVIDED ITS CONSENT, AND/OR YOUR DISCLOSURE OF
<br />SUCH INFORMATION TO THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE
<br />THAT (1) YOUR USE OF CUSTOMER INFORMATION OBTAINED IN
<br />CONNECTION WITH CLOVER INSIGHTS MAY BE SUBJECT TO LOCAL, STATE,
<br />AND/OR FEDERAL LAWS, RULES, AND REGULATIONS, (11) YOU ARE SOLELY
<br />RESPONSIBLE FOR KNOWING SUCH LAWS, RULES, AND REGULATIONS,
<br />AND (III) YOU WILL AT ALL TIME STRICTLY COMPLY WITH ALL SUCH LAWS,
<br />RULES, AND REGULATIONS.
<br />40.4.7. You shall comply fully with the requirements of all applicable federal, state
<br />and local laws and regulations related to your use of Clover Insights and provision
<br />and use of Customer Information and point of sale data in connection with Clover
<br />Insights. Furthermore, you are solely responsible for monitoring legal developments
<br />applicable to Clover Insights and the operation of your business, interpreting
<br />applicable laws and regulations, determining the requirements for compliance with
<br />all applicable laws and regulations, and maintaining an on-going compliance
<br />program.
<br />40.4.8. In connection with Clover Insights, you shall receive a username and
<br />password to access Clover Insights. You are responsible for securely storing and
<br />keeping the username and password in accordance with this Section 40.10 below.
<br />You will not permit anyone unauthorized by you to use the username and password
<br />and you may only authorize your employees and agents with a business need to
<br />use the username and password. At such time as multiple usernames and
<br />passwords are available, you shall restrict the use of usernames and passwords to
<br />single individuals and you shall monitor use of Clover Insights to ensure compliance
<br />with this Section 40 by those to whom you have provided usernames and
<br />passwords and you shall keep records regarding who has access to which
<br />usernames and passwords at all times.
<br />40.5. Equipment. You must obtain all equipment necessary for you to access and
<br />use the Clover Insights website. No communication channel or device to access the
<br />website is included within the provision of the First Data Clover Insights Solution,
<br />and you shall be responsible for all such equipment and communication channels,
<br />including but not limited to all device or channel compatibility.
<br />40.6. Term and Termination. Clover Insights Terms and Conditions in this Section
<br />40 shall become effective upon execution hereof and shall end when terminated as
<br />set forth herein. For the avoidance of doubt, except as set forth below, termination
<br />of Services under Section 36 will not terminate the underlying Agreement. You may
<br />terminate your First Data Clover Insights Solution services at any time upon thirty
<br />(30) days' notice by calling the Customer Service number on your statement.
<br />Notwithstanding the foregoing sentence, upon as much advance notice as is
<br />commercially practicable, First Data may terminate your access to, and use of
<br />Clover Insights if (i) it is determined that you are using Clover Insights for any
<br />fraudulent, illegal, or unauthorized purpose, (ii) you violate the Clover Insights
<br />Terms and Conditions or an Event of Default occurs under the Agreement, (iii) First
<br />Data terminates its agreement with any third parties that are involved in providing
<br />Clover Insights, or (iv) First Data otherwise decides to discontinue providing Clover
<br />Insights. You acknowledge and agree that an occurrence of (i) or (ii) above may be
<br />deemed an Event of Default under the Agreement, thereby affording Processor and
<br />Bank all rights and remedies as set forth in the Agreement triggered by such an
<br />Event of Default, which may include immediate termination of the Services under
<br />Section 40 without notice.
<br />40.7. Third Party Services. Clover Insights may be used in connection with Third
<br />Party Services that you obtain separately for your purposes (e.g., an accounting
<br />application on your Device). If you decide to use Third Party Services, you will be
<br />responsible for reviewing and understanding the terms and conditions associated
<br />with Third Party Services (including obtaining and maintaining any required third
<br />party hardware and /or software that is required for the Third Party Services to work
<br />with Clover Insights). Your access of any Third Party Services is at your own risk.
<br />Third Party Services are not governed by the terms and conditions of this Section 40
<br />or the Agreement. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED
<br />THROUGH THE USE OF THIRD PARTY SERVICES (E.G., ACCOUNTING
<br />APPLICATION) IS DOWNLOADED AT YOUR OWN RISK. NEITHER FIRST DATA
<br />NOR ITS AFFILIATES; VENDORS, OR THIRD PARTY PROVIDER(S), WILL BE
<br />RESPONSIBLE FOR ANY ACTIONS OR ANY FAILURES TO ACT OF ANY THIRD
<br />PARTY, AND SUCH LIABILITY RELATED TO ALL THIRD PARTY SERVICES IS
<br />EXPRESSLY DISCLAIMED.
<br />40.8. Account Registration. First Data may require you to register at Clover
<br />Insights website or through the application. If and when prompted by the registration
<br />process, you agree to (a) provide true, accurate, current and complete information
<br />about yourself and/ or your business, and (b) maintain and update this information
<br />to keep it true, accurate, current and complete. If any information provided by you is
<br />untrue, inaccurate, not current or incomplete, First Data has the right to terminate
<br />your First Data Clover Insights account ("Account") and refuse any and all current
<br />or future use of Clover Insights.
<br />40.9. Privacy and Data Use. All data collected from you in connection with the
<br />Services or in connection with your use of Clover Insights, including Customer
<br />Information and information about your business and employees used with or stored
<br />in or by Clover Insights (collectively, "Account Data"), is collected by First Data, its
<br />affiliates, vendors, and/or third party provider(s) ; therefore, the use and sharing of
<br />such Account Data is controlled by the applicable Privacy Policy displayed and
<br />available at or
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<br />Data, its affiliates, vendors, and/or third party . , il your Account
<br />Data, and our use of your Account Data is governed by the Clover Insights Terms
<br />and Conditions and the Agreement. You also agree that First Data, its affiliates,
<br />vendors, and/or third party provider(s) may access and use Account Data to provide
<br />or enhance Clover Insights or the Services.
<br />40.10. Protecting Your Information. You are solely responsible for ensuring that
<br />your account numbers, passwords, security questions and answers, login details
<br />and any other security or access information used by you to use or access Clover
<br />Insights are kept safe and confidential. You must prevent unauthorized access to
<br />and use of any Account Data. You are responsible for all electronic communications
<br />sent to First Data, its affiliates, vendors, or third party provider(s) containing Account
<br />Data. When First Data receives communications containing Account Data, it will
<br />assume you sent it to First Data. You must immediately notify First Data if you
<br />become aware of any loss, theft or unauthorized use of any Account Data (see
<br />Clover Insights support center contact information below). First Data reserves the
<br />right to deny you access to Clover Insights, in whole or in part, if First Data believes
<br />that any loss, theft or unauthorized use of any Account Data or access information
<br />has occurred.
<br />40.11. Accuracy of Information. You are solely responsible for ensuring the
<br />accuracy of all information and data regarding your business that you provide to
<br />First Data, its affiliates, vendors, and/or third party provider(s) in connection with
<br />Clover Insights (e.g., Customer Information). First Data, its affiliates, vendors, and/or
<br />third party provider(s) disclaim any and all liability arising out of any inaccuracies as
<br />a result of use of such information or data.
<br />40.12. First Data Clover Insights Solution Disclaimer.
<br />40.12.1. AS IS. USE OF CLOVER INSIGHTS IS AT YOUR OWN RISK. TO THE
<br />MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOVER INSIGHTS IS
<br />PROVIDED "AS IS" AND NEITHER FIRST DATA NOR ITS AFFILIATES,
<br />VENDORS, OR THIRD PARTY PROVIDER(S) MAKES ANY REPRESENTATIONS
<br />OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) WITH REGARD TO
<br />CLOVER INSIGHTS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
<br />ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
<br />NON -INFRINGEMENT, OR THAT CLOVER INSIGHTS WILL FUNCTION
<br />UNINTERRUPTED OR ERROR -FREE, OR THAT CLOVER INSIGHTS IS
<br />SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT
<br />ANY DEFECTS OR ERRORS WILL BE CORRECTED.
<br />40.12.2. Financial Advice. First Data CloverYnsights Solution does not provide any
<br />business, investment or financial advice and is not advocating any business
<br />decision or the sale or purchase of any real property, stocks, bonds, or securities.
<br />First Data expressly states, and you hereby acknowledge, that Clover Insights is
<br />provided solely for informational purposes and are not to be used as a substitute for
<br />independent financial investment advice nor are they intended to be relied upon by
<br />any person or entity, including you or your Customers for the purposes of
<br />investment or other financial decisions. Clover Insights is not to be construed as
<br />providing business or investment advice and should not be used or construed, in
<br />whole or in part, as a basis or recommendation for an investment or business
<br />decision.
<br />40.12.3. Accuracy. While First Data takes commercially reasonable measures to
<br />ensure the accuracy of the information and content contained in Clover Insights, it
<br />makes no representation or warranty of any kind with respect to Clover Insights.
<br />You acknowledge and agree that all use of Clover Insights by you and all other
<br />persons shall be: (i) based upon your own determination and evaluation and (ii) at
<br />your sole risk. At times the Data may include third party data that is appended to the
<br />Data and First Data has not investigated and does not make any representation or
<br />warranty with respect to the accuracy of the third party data.
<br />40.13. Indemnity. Without limiting your indemnification obligations in the
<br />Agreement, you agree to indemnify and hold First Data, its affiliates, vendors, and
<br />third party provider(s) harmless from and against all losses, liabilities, damages, and
<br />expenses (including reasonable attorneys' fees) arising out of or relating to:
<br />40.13.1. Your failure to comply with all terms and conditions in this Section 36,
<br />including but not limited to User Documentation;
<br />40.13.2. Your use (alone or in combination with any other information) of any
<br />Customer Information, reports, information or analytics obtained in connection with
<br />your use of Clover Insights;
<br />40.13.3. The content or delivery of any marketing messages that you send or cause
<br />to be sent to any Customer phone number or email address collected through the
<br />use of Clover Insights; or
<br />40.13.4. Any other party's access and/or use of Clover Insights with your unique
<br />username, password, or other appropriate security code.
<br />40.14. Notices. First Data, its affiliates, vendors, and /or third party provider(s) may
<br />provide notices and other information regarding Clover Insights to you via the
<br />method(s) described in the Agreement.
<br />40.15. Amendment. First Data has the right to: (i) require changes or addition to the
<br />Clover Insights Terms and Conditions in Section 40 at any time, and (ii) change,
<br />delete, discontinue, or impose conditions on any feature or aspect of Clover Insights
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