Terms and Conditions

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TERMS OF USE

Accertify, Inc. and its affiliates (“Accertify”) require that all the visitors to our site(s) on the Internet (the “Site”) adhere to the following Terms of Use. By accessing the Site you indicate your acknowledgment and acceptance of these terms and conditions.

LAWS AND REGULATIONS

User access to and use of the Site is subject to all applicable international, federal, state and local laws and regulations.

COPYRIGHT/TRADEMARKS

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Accertify and other parties. Users are prohibited from using any Marks for any purpose including but not limited to use as metatags on other pages or sites on the Internet without the written permission of Accertify or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.

CONTENT

Access to and use of password protected and secure areas of this site and the Content provided there is restricted to authorized users only. Such areas may contain Content that is the confidential information of Accertify. Any other use or distribution of such content is strictly prohibited. Users are subject to all applicable confidentiality provisions with respect to such Content that is Accertify confidential information.

HYPERLINKING

THIS SITE MAY PROVIDE A LINK TO OTHER SITES BY ALLOWING THE USER TO LEAVE THIS SITE TO ACCESS THIRD-
PARTY MATERIAL OR BY BRINGING THE THIRD-PARTY MATERIAL INTO THIS SITE VIA “INVERSE” HYPERLINKS AND FRAMING TECHNOLOGY (A “LINKED SITE”). ACCERTIFY HAS NO DISCRETION TO ALTER, UPDATE, OR CONTROL THE CONTENT ON A LINKED SITE. THE FACT THAT ACCERTIFY HAS PROVIDED A LINK TO A SITE IS NOT AN ENDORSEMENT, AUTHORIZATION, SPONSORSHIP, OR AFFILIATION WITH RESPECT TO SUCH LINKED SITE, ITS OWNERS, OR ITS PROVIDERS. THERE ARE INHERENT RISKS IN RELYING UPON, USING, OR RETRIEVING ANY INFORMATION FOUND ON THE INTERNET, AND ACCERTIFY URGES YOU TO MAKE SURE YOU UNDERSTAND THESE RISKS BEFORE RELYING UPON, USING, OR RETRIEVING ANY SUCH INFORMATION ON A LINKED SITE.

NO WARRANTIES

THIS SITE AND ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

ACCERTIFY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN ACCERTIFY, (B) ANY CONTENT PROVIDED ON LINKED SITES, OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE.

LIMITATION OF LIABILITY

In no event will Accertify be liable to any party for any direct, indirect, incidental, special, exemplary, consequential, or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this site, any content on or accessed through this site or any site service linked to, or any copying, displaying, or use thereof.

LINKED INTERNET SITES

Accertify prohibits caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site. Accertify reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the content available on any other Internet sites linked to the Site. Access to any other Internet sites linked to the Site is at the user’s own risk. User should be aware that Linked Sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that differ from the provisions provided on the Site. Accertify is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

PRIVACY

For information about Accertify’s privacy and security practices relating to visits to the Site, please review the Accertify Website Privacy Statement. For information about Accertify’s treatment of consumer data provided by our merchant clients, please review the Client Data Privacy Statement.

PRESS RELEASES

All press releases and other materials contained on the Site were, to the best of Accertify’s knowledge, timely and accurate when issued. However, the passage of time can render information stale, and you should not rely on the continued accuracy of any such material beyond the date of issuance. Accertify has no responsibility to update any information contained in any such material. All viewers should carefully check the dates of issuance of the material contained in the Site.

CHANGES TO TERMS OF USE

Accertify reserves the right to revise these Terms of Use at any time and users are deemed to be apprised of and bound by any changes to these Terms of Use. Accertify will indicate that changes to these Terms of Use have been made by updating the date indicated after “Effective Date” at the end of these Terms of Use.

VIOLATIONS OF TERMS OF USE

Accertify reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

JURISDICTION/GOVERNING LAW

Users of this Site agree to submit to the laws of the State of New York, USA and applicable federal law without regard to conflicts of laws principles.

EFFECTIVE DATE: SEPTEMBER 6, 2012