American Express® Card Acceptance Terms Sample Clauses

American Express® Card Acceptance Terms. If Customer does not use American Express for processing transactions, then this section shall not apply. If Customer does utilize American Express for processing transactions then the following terms required by American Express are applicable. Customer shall comply with all applicable laws, rules and regulations, including the American Express Merchant Operating Guide requirements, which are incorporated into this Agreement by reference. The American Express Merchant Operating Guide may be viewed at: xxx.xxxxxxxxxxxxxxx.xxx/xxxxxxxxxxxxxxx on American Express’ website. Customer is prohibited from processing Transactions or receiving payments on behalf of, or (unless required by law) re-directing payments to any other party. Customer acknowledges American Express is a third-party beneficiary to this Agreement. However, American Express does not have any obligations, to the Customer’s Agreement and subsequent addendums between Customer and Transact and, as such, American Express has the express right to enforce the terms of the Agreement against the Customer. Customer warrants that it does not hold third-party beneficiary rights to any agreements between Transact and American Express and at no time will attempt to enforce any such agreements against American Express. CUSTOMER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT.
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