Illegal Tender Terms of Service



Illegal Tender

TERMS OF SERVICE


THIS IS A LEGAL AGREEMENT BETWEEN YOUR COMPANY AND <NAMED CONSUMER> (“CONSUMER”) STATING THE TERMS THAT GOVERN YOUR USE OF LICENSED CREDIT OR TENDER OBTAINED FROM CONSUMER. THIS AGREEMENT—TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF CONSUMER ’S RULES AND POLICIES—COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOUR COMPANY AND CONSUMER. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE MONEY COLLECTED FROM CONSUMER. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND CONSUMER MAY REFUSE ACCESS TO THE MONEY FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the Money License. Consumer is the provider of the Money or credit (the “Money”) that permits you to pay for staff and incidentals, cover marketing and advertising costs, acquire other companies, and make large cash payouts to underperforming executives;under certain terms and conditions as set forth in this Agreement. Whereas corporate America has acquired some questionable ideas about restrictions on products masquerading as "services", Consumer presents this End User License Agreement which governs the relationship between your company and Consumer arising from the exchange of Money as a service.

2. Age requirements for use of the Money. If your Company is under the age of 18, you should review these terms and conditions with your parent company or guardian company to make sure that you and your parent company or guardian company understand these terms and conditions.

3. Objectionable Material. You understand that by using the Money, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Money at your sole risk and that Consumer shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

4. System Requirements. Use of the Money may require a compatible banking institution (fees may apply), or credit processing institution (fees may apply) and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Money involves hardware, software, and banking institutions, your ability to use the Money may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that international banking, taxation, credit, and bankruptcy requirements, which may be changed from time to time, are your responsibility. The Money is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Money.

5. Policies and Rules. Your use of the Money and purchases made through it are subject to Consumer’s Sales Policies at which can be readily viewed on the Money, and any end-user agreements or other terms and conditions required for use of the Money, all of which are hereby made a part of this Agreement. If you have not already read Consumer’s Sales Policies, you should do so now.

6. Consumer’s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Money is subject to Consumer’s Privacy Policy which is expressly made a part of this Agreement. If you have not already read Consumer’s Privacy Policy, you should do so now. You may not see Consumer's Privacy Policy, and the terms are subject to change at will.

7. Your Information. You agree to provide accurate, current, and complete information required to register with the Money and at other points as may be required in the course of using the Money ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Consumer may terminate your rights to any or all of the Money if any information you provide is false, inaccurate or incomplete. You agree that Consumer may store and use the Registration Data you provide (including credit card information) for use in maintaining your accounts and billing fees to your credit card.

8. User Account and Security.

a. Account and Password. As a registered user of the Money, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Consumer of any unauthorized use of your Account or any other breach of security. Consumer shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Money may include a security framework using technology that protects digital information and limits your usage of the Money to certain usage rules established by Consumer and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Consumer for compliance purposes, and Consumer reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Money by any means other than through software that is provided by Consumer for accessing the Money. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Money. Violations of system or network security may result in civil or criminal liability.

9. Purchase of Consumer Content

a. Money Requirements. You acknowledge that use of Money may require the use of other hardware and software products (e.g., the ability to make copies of Money on physical media and render performance of Money on authorized money transaction devices), and that such hardware and software is your responsibility. Once you receive the Money, it is your responsibility not to lose, destroy, or damage the Money, and Consumer shall be without liability to you in the event of any loss, destruction, or damage.

b. Use of Money. You acknowledge that Money may contain security technology that limits your usage of Money to the following Usage Rules, and you agree to use Money in compliance with such Usage Rules.


Usage Rules.

Your use of the Money is conditioned upon your prior acceptance of the terms of this Agreement.

You shall be authorized to use the Money only for corporate, nonpersonal use.

You shall be authorized to use the Money for five Consumer-authorized spending purposes at any time.

You shall be able to store the Money at up to five different Accounts at certain banking institutions, such as Chase, Citibank, or Commerce Bank, at a time.

You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Money or used to administer the Usage Rules.

c. You agree that your acceptance of Money constitutes your acceptance of and agreement to use such Money solely in accordance with the Usage Rules, and that any other use of the Money may constitute a copyright infringement. The security technology is an inseparable part of the Money. The Usage Rules shall govern your rights with respect to the Money, in addition to any other terms or rules that may have been established between you and another party. Consumer reserves the right to modify the Usage Rules at any time.

d. You acknowledge that some aspects of the Money and administering of the Usage Rules entails the ongoing involvement of Consumer. Accordingly, in the event that Consumer changes any part of the Money or discontinues the Money, which Consumer may do at its election, you acknowledge that you may no longer be able to use Money to the same extent as prior to such change or discontinuation, and that Consumer shall have no liability to you in such case.


10. Territory. The Money is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Money from outside of the available territory, and that Consumer may use technologies to verify your compliance.


11. Agreement to Pay.

a. Payment for Products. You agree to provide all Products Consumer may purchase with the Money, and that Consumer may vary the amount of Money exchanged for any Products purchased if Products fail to live up to their original advertised specifications.

b. Right to Change Value and Availability of Money. Value and availability of any Money are subject to change at any time. Value and availability of Money may be affected by factors outside the direct control of Consumer.

12. Delivery of Money. On occasion, technical problems may delay or prevent delivery of your Money. Your exclusive and sole remedy with respect to Money that is not delivered within a reasonable period will be either replacement of such Money, or refund of the Products purchased with such Money, as determined by Consumer.


14. Termination.
a. Termination by Consumer. If you fail, or Consumer suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make Products available, failure to provide Consumer with a valid payment method or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules or any license to the software, Consumer, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) return anything purchased with the Money; and/or (iii) preclude access to the Money (or any part thereof).

b. Termination of the Money. Consumer reserves the right to modify, suspend, or discontinue the Money (or any part or content thereof) at any time with or without notice to you, and Consumer will not be liable to you or to any third party should it exercise such rights.

15. General Compliance with Laws. The Money is controlled and operated by Consumer from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Money.

16. Enforcement of These Terms. Consumer reserves the right to take steps Consumer believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Consumer’s right to cooperate with any legal process relating to your use of the Money and/or Products, and/or a third party claim that your use of the Money and/or Products is unlawful and/or infringes such third party’s rights). You agree that Consumer has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Consumer believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Consumer’s right to cooperate with any legal process relating to your use of the Money and/or Products, and/or a third party claim that your use of the Money and/or Products is unlawful and/or infringes such third party’s rights).

17. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Money may include materials from third parties. In addition, Consumer may provide links to certain third party websites. You acknowledge and agree that Consumer is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. Consumer does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.

18. Disclaimer of Warranties; Liability Limitations.

a. CONSUMER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MONEY WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME CONSUMER MAY REMOVE THE MONEY FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE MONEY AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MONEY IS AT YOUR SOLE RISK. THE MONEY AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE MONEY ARE (EXCEPT AS EXPRESSLY STATED BY CONSUMER) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. HA HA HA.

c. IN NO CASE SHALL CONSUMER, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE MONEY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MONEY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY SUBSEQUENT PURCHASES MADE VIA THE MONEY, EVEN IF ADVISED OF THEIR POSSIBILITY, INCLUDING BUT NOT LIMITED TO QUESTIONABLE PURCHASES INCLUDING BUT NOT LIMITED TO ICE SCULPTURES THAT URINATE VODKA. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CONSUMER ’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. CONSUMER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND CONSUMER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. CONSUMER DOES NOT REPRESENT OR GUARANTEE THAT THE MONEY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CONSUMER DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

19. Waiver and Indemnity. BY USING THE MONEY, YOU AGREE TO INDEMNIFY AND HOLD CONSUMER, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE MONEY, OR ANY ACTION TAKEN BY CONSUMER AS PART OF ANY INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ANY FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM CONSUMER, OR ANY DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ANY DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CONSUMER ’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

20. Changes. Consumer reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Money. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Illegal Tender following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

21. Notices. Consumer may send you notice with respect to the Money by sending an email message to the email address listed in your Consumer Account contact information, by sending a letter via postal mail to the contact address listed in your Consumer Account contact information, or by a posting on some random message board somewhere. Notices shall become effective immediately.

22. Governing Law....Er.. sure, why not?

23. Miscellaneous. These Terms of Money constitute the entire agreement between you and Consumer and govern your use of the Money, superseding any prior agreements between you and Consumer. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Money is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Consumer’s failure to enforce any right or provisions in these Terms of Money will not constitute a waiver of such provision, or any other provision of these Terms of Money. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Consumer will not be responsible for failures to fulfill any obligations due to causes beyond its control.




Last updated April 1, 2005
© Copywrong 2005 ... April Fools ... All rights acquiesced.

No, really, this isn't a legal document, but maybe it ought to be.

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