Terms of Use

1. Acceptance of These Terms

These Terms of Use (the "Terms") govern your access to and use of the websites operated by Avant-Garde Marketing Solutions, Inc. (EIN: 59-3841076, "AGMS Merchant Services," "we," "us," or "our"), including agms.com, agmsmerchantservices.com, agmsdirect.com (collectively, the "Sites"), and the content, tools, and services made available through them (the "Services").

By accessing or using the Sites, whether or not you register an account, you agree to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Sites.

Merchant accounts, payment processing, equipment, and any other product you contract for are governed by the separate written agreement you sign with us and our sponsoring banks. If that agreement conflicts with these Terms, that agreement controls.

2. Description of Services

AGMS Merchant Services provides payment processing, point of sale, and related merchant services, along with informational content, quoting tools, and consultation request forms on the Sites. Content on the Sites is provided for general information. It is not financial, legal, tax, or accounting advice, and it does not constitute an offer to extend any specific rate or term.

We may change, suspend, or discontinue any part of the Sites or Services at any time without notice. We are not liable to you for any such change, suspension, or discontinuation.

3. Eligibility

You must be at least 18 years of age to use the Sites, submit a form, or participate in our SMS program. By using the Sites you represent that you meet this requirement and that, where you act on behalf of a business, you are authorized to bind that business.

4. Accounts and Registration

Some features require an account. You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for keeping your credentials confidential and for all activity that occurs under your account, including unauthorized activity. Never share your credentials with anyone, including anyone claiming to represent AGMS Merchant Services. Notify us immediately if you suspect unauthorized use.

We may suspend or terminate your account or your access to the Sites at any time, without notice, if we determine that you have breached these Terms, violated any law or regulation, or engaged in conduct that places an undue burden on our systems.

5. Acceptable Use

You may use the Sites only for lawful purposes. You agree not to:

• Violate any law or the rights of any other person, including intellectual property and privacy rights
• Access the Sites through automated means such as scrapers, bots, or offline readers, other than public search engine indexing
• Attempt to gain unauthorized access to our servers, networks, or any other user's account
• Introduce viruses, malware, or any code intended to disrupt or damage the Sites or any system
• Collect personally identifiable information about other users
• Interfere with any other party's use of the Sites

6. SMS Messaging Terms

Program Description

AGMS Merchant Services sends text messages to individuals who have expressly opted in through a form on our Sites. Messages relate to the request you submitted and may include confirmation of your inquiry, scheduling and coordination of your payment processing review, follow up regarding your request, account and support notifications, and, where you have separately consented, promotional offers and service updates.

Consent

Consent is collected through a dedicated checkbox that is not pre-selected and is never required. Marketing consent and non-marketing consent are collected separately, and you may accept either, both, or neither and still use our Sites and Services.

Cancellation

You can cancel the SMS service at any time. Text STOP to the number that sent you the message. We will send one confirmation of your unsubscribe, after which you will receive no further messages from us. To rejoin, opt in again as you did originally.

Support

If you experience any issue with the messaging program, reply HELP for assistance, or contact us at 214-491-4400 or [email protected] during business hours.

Carrier Liability

Carriers are not liable for delayed or undelivered messages.

Message and Data Rates

Message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

Supported Carriers

Our SMS program works with all major United States wireless carriers, including AT&T, T-Mobile, and Verizon, and most regional carriers.

Privacy

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. See our Privacy Policy for full details on how mobile information and SMS consent records are handled.

AGMS Merchant Services complies with applicable laws and regulations governing SMS communications, including the Telephone Consumer Protection Act and CTIA messaging guidelines.

7. Intellectual Property

The Sites and all content on them, including text, graphics, logos, photographs, video, software, and the selection and arrangement of that content, are owned by AGMS Merchant Services or its licensors and are protected by copyright, trademark, and other laws. AGMS Merchant Services, the AGMS Merchant Services logo, and our other marks may not be used without our prior written consent.

We grant you a limited, revocable, non-exclusive license to view the Sites and to download or print individual pages for your own internal business use, provided you keep all proprietary notices intact. You may not reproduce, distribute, modify, translate, publish, sell, or create derivative works from the content without our prior written consent.

Content You Submit

If you submit content to us through the Sites or our social media channels, you represent that you own it or have permission to share it, and you grant us a royalty free, worldwide, non-exclusive license to use, reproduce, and display that content in connection with our business.

8. Third Party Websites and Links

The Sites may link to websites and services we do not operate or control. We provide those links for convenience only. A link is not an endorsement, and we are not responsible for the content, products, terms, or privacy practices of any third party website. Review the terms and privacy policy of any website before providing information to it or transacting on it.

9. Disclaimer of Warranties

THE SITES AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AGMS MERCHANT SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR FREE.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AGMS MERCHANT SERVICES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITES OR SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where those laws apply, some of the exclusions above may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless AGMS Merchant Services and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Sites or your breach of these Terms.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Collin County, Texas for any dispute arising out of or relating to these Terms or the Sites.

13. Changes to These Terms

We may update these Terms from time to time. The current version, with its effective date, will always be posted at https://agmsmerchantservices.com/terms/ . Continuing to use the Sites after a change takes effect means you accept the revised Terms.

14. General

Entire Agreement

These Terms, together with the Privacy Policy, are the entire agreement between you and AGMS Merchant Services regarding the Sites, and replace any prior understanding on that subject.

Severability

If any provision is found unenforceable, that provision is severed and the rest remains in effect.

No Waiver

Our delay or failure to enforce any provision is not a waiver of that provision or any other.

Assignment

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.

Export

You agree to comply with all applicable export control laws in connection with any software or technical data obtained through the Sites.

15. Contact Us

Questions about these Terms can be directed to: