Terms & Conditions
ACCEPTANCE OF TERMS
These Terms and Conditions ("Terms and Conditions") create a binding agreement. These Terms and Conditions apply to all: (a) transactions between you and CASHLESS, LLC ("CASHLESS), (b) use of website located at: http//www.cashless.net (“the Site”) and cashless software (the “Product” or “software”) and (c) your access to and use of calculators, resources, text, pictures, graphics, logos, button items, icons, images, works of authorship and other information and all revisions, modifications, and enhancements thereto (the "Content").
YOUR ORDER OF, USE OF, AND ACCESS TO, THE PRODUCT, SITE AND CONTENT ARE SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ORDER OF, ACCEPTANCE OF, USE OF, AND/OR ACCESS TO, THE PRODUCT, SITE AND/OR CONTENT CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, DO NOT ORDER, USE OR ACCESS ANY PRODUCT, SITE OR CONTENT, OR ANY OF THE INFORMATION WITHIN THE PRODUCT, SITE, OR CONTENT.
USE OF THE PRODUCT
In consideration of your order of, access to, and/or use of any Product, Site, and/or Content you agree to provide true, accurate, complete and current information about yourself when prompted to do so by the registration and application forms or requested to do so by CASHLESS. By registering, you certify that you are eighteen (18) years of age or older. If any information you provide is untrue, inaccurate or not current, or if CASHLESS has reasonable grounds to suspect that such information is untrue, inaccurate or not current, CASHLESS, at its sole discretion, has the right to suspend or terminate your order of, use of, and/or access to, any Product, Site and/or Content, and refuse all current or future orders of, use of, and/or access to, any Product, Site and/or Content, or suspend or terminate any portion thereof. Further, you agree that CASHLESS will not be liable to you, your minor children or any third party if CASHLESS suspends or terminates your order of, use of, or access to any Product, Site or Content, or any portion thereof, for any reason.
License Grant and Restrictions
CASHLESS grants you the following rights provided that you comply with all of the Terms and Conditions herein. You may use the software solely to process cashless transactions. CASHLESS does not transfer either the title or the intellectual property rights to the software or Content, and CASHLESS retains full and complete title to the software and Content as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the software to a human-perceivable form. All trademarks and logos are owned by HCASHLESS or its licensors and you may not copy or use them in any manner.
You are not licensed or permitted under this agreement to do any of the following: (i) attempt to access any other CASHLESS systems, programs or data that are not made available for public use; (ii) copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the Site; (iii) work around any technical limitations in the software, use any tool to enable features or functionalities that are otherwise disabled in the software, or decompile, disassemble, or otherwise reverse engineer the software except as otherwise permitted by applicable law, (iv) perform or attempt to perform any actions that would interfere with the proper working of the software, prevent access to or the use of the software by CASHLESS’s other licensees or customers, or impose an unreasonable or disproportionately large load on CASHLESS’s infrastructure; or (v) otherwise use the software except as expressly allowed under this Section 1.
You agree to indemnify CASHLESS for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless CASHLESS, its affiliates, officers, directors, employees, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any Intellectual property or other right of any person or entity. CASHLESS will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. You must indemnify and defend CASHLESS against any claims or lawsuits, including attorneys’ fees that arise from or result from the use of the software on a professional or commercial basis.
You grant CASHLESS a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content ("User Content") to the Site, you are granting CASHLESS, its affiliates, officers, directors, employees, agents, and representatives a license to use User Content in connection with the operation of the Internet business of CASHLESS, its affiliates, officers, directors, employees, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that CASHLESS may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
Help and Support
CASHLESS may use a variety of methods (e.g., in-product, Internet, e-mail, chat, fax and phone) to provide technical support and customer service in connection with the software and CASHLESS services. The Terms and Conditions governing the offering of this support, which may require the payment of an additional fee, are subject to change as announced by CASHLESS from time to time. Consult the Online Help and Support website (currently,_________________)for the most up-to-date information relating to this support and any associated charges.
Third Party WebSite
The software and services may contain or reference links to webSite operated by third parties (“Third Party WebSite”). These links are provided as a convenience only. Such Third Party WebSite are not under the control of CASHLESS. CASHLESS is not responsible for the content of any Third Party Website or any link contained in a Third Party Website. CASHLESS does not review, approve, monitor endorse, warrant, or make any representations with respect to Third Party WebSite, and the inclusion of any link in the software or services is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by CASHLESS of any information contained in any Third Party Website. In no event will CASHLESS be responsible for the information contained in such Third Party Website or for your use of or inability to use such website. Access to any Third Party Website is at your own risk, and you acknowledge and understand that linked Third Party WebSite may contain terms and privacy policies that are different from those of CASHLESS. CASHLESS is not responsible for such provisions, and expressly disclaim any liability for them.
Payment & Collection
In the event you owe CASHLESS any amounts related to your licensing of the product, CASHLESS reserves the right to seek collection of any amount unpaid
User ID and Password Security.
When you use or access the Site or Products, you will also be asked to provide a user name and password. You are the only person authorized to use your user ID and password. You are entirely responsible for maintaining the confidentiality of your user ID and password. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to CASHLESS's authorized technical support personnel to assist you. You are responsible for the use of the Product under your user ID. You agree to notify CASHLESS immediately on any unauthorized use of your account, user name, or password. CASHLESS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CASHLESS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your account or password. CASHLESS will not disclose your password if you lose or forget it. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer.
MODIFICATION OF PRODUCT
CASHLESS may, at its discretion, modify or discontinue any of the Product, Site or Content, or any portion thereof, with or without notice. You agree that CASHLESS will not be liable to you, your minor children or any third party for any modification or discontinuance of any of the Product, Product WebSite or Content.
NOTICE OF PROSECUTION
For online customers, access to and use of password protected and/or secure areas of the Site are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
You must have an email address and a Java-compatible browser such as Netscape Navigator 6.0 or higher, Internet Explorer 5.0 or higher, or AOL 8.0 or higher to receive your Product online. As an online customer, you agree that CASHLESS may send Communications to you by email and/or may make Communications available to you by posting them at one or more of our Site. You Consent to receive these Communications electronically. The term “Communications” means any notice, record, agreement, or other type of information that is made available to you or received from you in connection with the Product or Site. To ensure receipt of all notifications, you are obligated to update the email address on file when your email address changes.
NO WARRANTY BY CASHLESS
You expressly understand and agree that your use of the Product, Site and Content is at your sole risk. All Product, Site and Content are provided on an "as is" or "as available" basis. CASHLESS and its suppliers expressly disclaim all warranties, guarantees and conditions of any kind whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title or noninfringement. The information contained in the Product, Site, Content or other materials you may receive from CASHLESS do not constitute legal, tax, accounting or other professional advice. CASHLESS makes no warranty that (i) the Product and Content are accurate, timely, uninterrupted or error-free; and (ii) any results that may be obtained from the use of the product or content will be reliable.
LIMITATION OF LIABILITY
You understand and agree that CASHLESS will not be liable to you (or any of your minor children) for any direct, indirect, incidental, special, consequential or exemplary damages resulting from or in any way connected to your access to, use, or inability to use the product, product webSite, content or membership benefits, or from your access to, use of, inability to use, or reliance upon any linked web site (if applicable), even if CASHLESS has been advised of the possibility of those damages. Your sole remedy is to discontinue use of the Site. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of agreements; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by applicable law. If, notwithstanding the above, liability is imposed upon CASHLESS, then you agree that CASHLESS 's total liability to you (and any of your minor children) for any or all of your losses or injuries (or those of your minor children) from CASHLESS 's acts or omissions, regardless of the nature of the legal or equitable claim, shall not exceed the amount paid by you to CASHLESS for the product(s) you purchase from CASHLESS.
You acknowledge and agree that CASHLESS' and the Site’ names, logos, page headers and other terms, phrases, graphics, and icons are common law or registered trademarks, service marks, and/or trade dress of CASHLESS (collectively "Marks"). You agree you will not use any such Content or Marks for any purpose without the appropriate prior written authorization. CASHLESS’s Marks may not be used in connection with any product or service that is not CASHLESS's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CASHLESS. All other trademarks, product names, or logos not owned by CASHLESS that appear on this Product Website are the property of their respective owners.
CASHLESS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Product. All Content included on the Site, such as text, graphics, logos, button items, icons, images, data compilation, is the property of CASHLESS or its suppliers and is protected by United States and international copyrights laws. All software used on this site is the property of CASHLESS or its software suppliers and is protected by United States and international copyright laws Reproduction of such content, in whole or in part, is prohibited without prior consent. CASHLESS has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of CASHLESS or of a third party, or otherwise violated any Intellectual property laws or regulations. CASHLESS's policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CASHLESS to delete, edit, or disable the material in question, you must provide CASHLESS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and Information reasonably sufficient to permit CASHLESS to locate the material; (d) information reasonably sufficient to permit CASHLESS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, Its agent, or the law; and (f) a statement that the Information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that Is allegedly infringed. For this notification to be effective, you must provide it to CASHLESS 's designated agent at: 1-800-XXX-XXXX.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Product, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Product and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
You shall not make the following types of content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. CASHLESS reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Product, and, if applicable, to delete any such material from its servers.
CALIFORNIA USE ONLY
The Site are controlled and operated by CASHLESS from its offices in the State of California. CASHLESS makes no representation that any of the Products or the Site to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as CASHLESS's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California in all disputes arising out of or related to the use of the Site or Products.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
You agree to abide by these Terms and Conditions, as they may be amended by CASHLESS from time to time in its sole discretion. CASHLESS may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site and/or the Products; and (c) discontinue the Site and/or Products at any time. CASHLESS shall post any revision to these Terms and Conditions to the Site, and the revision shall be effective immediately on such posting. Customers should check the Site regularly for updates to these Terms and Conditions. Each time you order, access or use any of the Product, Site, and/or Content, you signify your acceptance and agreement, without limitation or qualification, to be bound by the then current Terms and Conditions. The Terms and Conditions are effective until terminated by CASHLESS. In the event of termination, the Intellectual Property, Indemnity, and Limitations of Liability provisions set forth in these Terms and Conditions will survive.