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TERMS OF USE Posted as of: January 1, 2007 By using this site you agree to the following terms and conditions. We reserve the right to modify, adjust or otherwise change the content or function of this site and these terms and conditions at any time. New or revised terms of use will take effect when they are posted on this site. YOUR CONTINUED USE OF THIS SITE ESTABLISHES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AND ALL ADDITIONS AND REVISIONS TO THEM. Requirements for using this site This site offers PAYQUIQ Online services (the "Service"), which enables you to make payments by credit card or electronic check. To use the Service, you must supply your account number, and you must have authority to make charges to the credit card or checking account you are using. If you are under 18 years of age, you must obtain the authorization of your parent or other responsible adult before using a credit card to make payments on this site. Notice to Children This site is not for use by children. If you are under 18, please do not submit any personal or other information to us. Payment of Charges You may use this Service to pay charges for products, services, donations and service charges described below by credit card or electronic check. Your credit card company or bank will debit your account and payments will be forwarded to the Demo bank account. Following receipt of funds, a payment to your account should be posted. You agree to indemnify and hold PAYQUIQ Online harmless from any liability in connection with such payment, and, once PAYQUIQ Online has processed such payment for you, you agree to pursue any claim for recovery or reduction of such payment solely against the receiving company and not against PAYQUIQ Online. Service Charges When you use this Service to make a payment, you may have the option of using a service that adds a service charge for your use of the PAYQUIQ Online service (a "Service Charge"). The amount of the Service Charge is added to your payment and is combined with your payment as one amount that appears on your credit card. The service charge is not refundable, even if the payment to which it relates is cancelled, refunded, credited or charged back. There is no charge for informational transactions, for example when you log on to PAYQUIQ Online to confirm transactions or view open account balances. Keep your PASSWORD Confidential Your PASSWORD identifies you to PAYQUIQ Online. Anyone who has your PASSWORD can access your account. You authorize us to provide information concerning your account to anyone who accesses this Service with your PASSWORD. DO NOT GIVE YOUR PASSWORD TO ANYONE YOU DO NOT TRUST. Your obligations When you use this Service, you agree: To comply with these terms of use; To provide accurate information; Not to attempt to access any account without proper authority; Not to attempt to access any non-public part of this site, unless you are authorized to do so; Not to do anything that would interfere with the ordinary operation of this site; To pay all charges authorized by you, even if your credit card company does not honor a charge; Not to violate the intellectual property rights of PAYQUIQ Online, or of others. PAYQUIQ Online reserves the right to terminate the use of this site by anyone who does not comply with these obligations. Notices PAYQUIQ Online may give you notices either by posting them on this site, or by e-mail, if you have supplied an e-mail address. You agree to check this site and the e-mail address that you supplied for notices, and you will be deemed to have received a notice when it is posted on this site, or sent to you by e-mail. Copyright and Trademark Notices The site is owned and operated by Net Point One LLC. Unless otherwise specified, all information appearing on this site, including (but not limited to) text, site design, logos, graphics, icons, and images, are the sole property of PAYQUIQ Online or its licensors. You may not reproduce, modify or distribute any of the content of this site. All software is owned by PAYQUIQ Online. No materials or image from this site may be copied, modified, uploaded, transmitted, or distributed in any form or by any means without PAYQUIQ Online's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. COPYRIGHT ©2006 Net Point One LLC. All Rights Reserved. Net Point One, PAYQUIQ Online, NPO and all related logos and designs are the exclusive trademarks of Net Point One LLC. Warranty Disclaimer EVERYTHING ON THIS SITE AND IN THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY OTHER PROVISION OF THIS AGREEMENT NOTWITHSTANDING, VENDOR SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ERROR OR DEFECT IN, OR FAILURE OF PERFORMANCE OF, THE PAYQUIQ ONLINE SERVICE OR WEB SITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. Internet Availability Disclaimer THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF PAYQUIQ ONLINE. PAYQUIQ ONLINE'S ABILITY TO PROVIDE THE SERVICE DEPENDS ON INTERNET SERVICES. MALFUNCTION OF OR CESSATION OF INTERNET SERVICES BY INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE THE SERVICE TEMPORARILY OR PERMANENTLY UNAVAILABLE. YOU AGREE THAT PAYQUIQ SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN INTERNET SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK(S) OR INTERNET SERVICE PROVIDERS, OR DUE TO ANY MISUSE, ACCIDENT OR ABUSE BY A USER. Limitation of Liability IN NO EVENT WILL NET POINT ONE LLC., OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSE'S ACCESS TO AND USE OF THE INTERNET SITE WWW.PAYQUIQ.COM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM THIS SITE, EXCEPT TO THE EXTENT OF PAYMENTS ACTUALLY RECEIVED THROUGH THIS SITE, LESS CHARGEBACKS. WITHOUT LIMITING THE FOREGOING, PAYQUIQ ONLINE’S LIABILITY SHALL BE LIMITED TO REFUNDING AMOUNTS ACTUALLY RECEIVED BY IT FOR PAYMENT OF CHARGES, HELD BY IT AND NOT YET PAID, LESS NPO'S SERVICE CHARGES. IN NO EVENT SHALL PAYQUIQ ONLINE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF PAYQUIQ ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Jurisdiction and Venue You agree that your use of this site will be governed by California law, and that any legal action (including arbitration) relating to the use of this site will be brought and maintained in Sacramento County in the State of California. Users consent to the personal jurisdiction of the courts located in Sacramento County.

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