Deluxe EBT Program. If Merchant is a participant in an EBT Program in the State of Kansas, Louisiana, (or any other state where Deluxe Data Systems, Inc. ["Deluxe"] is the prime contractor for the state), Merchant agrees that Deluxe, which is the EBT Provider for those states, shall have no liability to Merchant arising out of Deluxe's management of the EBT Program or processing of Transactions except for Merchant's direct damages caused by fraud or intentional misconduct committed by Deluxe's employees. In no event shall Deluxe be liable to Merchant for indirect, incidental or consequential damages. Merchant agrees and acknowledges that Deluxe is a third party beneficiary of EBT for purposes of this limitation liability.
Appears in 2 contracts
Samples: Product and Services Agreement, Merchant Processing Agreement (Usa Technologies Inc)
Deluxe EBT Program. If Merchant is a participant in an EBT Program in the State of Kansas, Louisiana, (or any other state where Deluxe Data Systems, Inc. ["(βDeluxe"] β) is the prime contractor for the state), Merchant agrees that Deluxe, which is the EBT Provider for those states, shall have no liability to Merchant arising out of Deluxe's management of the EBT Program or processing of Transactions except for Merchant's direct damages caused by fraud or intentional misconduct committed by Deluxe's employees. In no event shall Deluxe be liable to Merchant for indirect, incidental or consequential damages. Merchant agrees and acknowledges that Deluxe is a third party beneficiary of this EBT Services Rider for purposes of this limitation of liability.
Appears in 2 contracts
Samples: Buypass Corporation Participation Agreement, Buypass Corporation Participation Agreement
Deluxe EBT Program. If Merchant is a participant in an EBT Program in the State of Kansas, Louisiana, (or any other state where Deluxe Data Systems, Inc. ["Deluxe"] is the prime contractor for the state), Merchant Xxxxxxxx agrees that Deluxe, which is the EBT Provider for those states, shall have no liability to Merchant arising out of Deluxe's management of the EBT Program or processing of Transactions except for MerchantXxxxxxxx's direct damages caused by fraud or intentional misconduct committed by Deluxe's employees. In no event shall Deluxe be liable to Merchant for indirect, incidental or consequential damages. Merchant Xxxxxxxx agrees and acknowledges that Deluxe is a third party beneficiary of EBT for purposes of this limitation liability.
Appears in 1 contract
Samples: Merchant Processing Agreement
Deluxe EBT Program. If Merchant is a participant in an EBT Program in the State States of Kansas, Louisiana, (or any other state where Deluxe Data Systems, Inc. ["Deluxe"] is the prime contractor for the state), Merchant Xxxxxxxx agrees that Deluxe, which is the EBT Provider for those states, shall have no liability to Merchant arising out of Deluxe's management of the EBT Program or processing of Transactions except for MerchantXxxxxxxx's direct damages caused by fraud or intentional misconduct committed by Deluxe's employees. In no event shall Deluxe be liable to Merchant for indirect, incidental or consequential damages. Merchant Xxxxxxxx agrees and acknowledges that Deluxe is a third party beneficiary of EBT for purposes of this limitation liability.
Appears in 1 contract
Samples: Product and Services Agreement