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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 AGREEMENTTOGETHER
WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF CONSUMER S RULES AND POLICIESCOLLECTIVELY 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 Consumers 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 Consumers Sales
Policies, you should do so now.
6. Consumers Privacy Policy. Except as otherwise expressly
provided for in this Agreement, the Money is subject to
Consumers Privacy Policy
which is expressly made a part of this Agreement. If you have not
already read Consumers 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 elses 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 Consumers 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 partys 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 Consumers
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 partys
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. Consumers 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.
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