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Terms And Conditions

The following terms and conditions (the "Terms of Use") govern your use of this website, services that use ACHWorks and any services that are offered here. By using this site or the services provided thereon, you agree to be, and are, bound by these Terms of Use. ACHWorks may update these Terms of Use from time to time in accordance with any signed agreement between ACHWorks and merchant members, so please check back frequently. You acknowledge and agree that your continued use of ACHWorks's website or services after any such update signifies your acceptance of such modified Terms of Use. Because this is a legal agreement between you and ACHWorks, please print out and retain a copy for your records. If you do not agree to these Terms of Use, you are not authorized to access or use this site or the services provided here.

1. OWNERSHIP

The trademarks, logos, and service marks displayed on the ACHWorks website and any developed application utilizing ACHWorks (collectively, the "Marks") belong to ACHWorks and T$$. ACHWorks and all other trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you or anyone else any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without their owner's prior written consent.

Unless expressly stated on the ACHWorks website, you should assume that all content, images, and materials appearing on this website (collectively, the "Content") are the sole property of ACHWorks. Such Content is protected by Canadian, U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without ACHWorks' prior written consent. You may not frame any portion of the site without ACHWorks' prior written consent.

2. TERMINATION OF SERVICES/WEBSITE

ACHWorks may modify or discontinue its website or the services it provides at any time, and for any reason, but first notifying the merchant member in accordance with the signed agreement between ACHWorks and the merchant member. ACHWorks will not be liable to you or any third party as a result of such modification or discontinuation of any website or services. The provisions of these Terms of Use will survive any termination of this website or any services provided by ACHWorks.

3. DISCLAIMER

You acknowledge and agree that your use of our website and the services we offer is at in accordance with the signed agreement between you and Webchex or T$$. Without limiting any other provision contained in these Terms of Use, everything on the website and the services we offer are provided to you "AS IS" AND "AS AVAILABLE,". ACHWORKS HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OTHER THAN WHAT IS INDICATED IN THE SIGNED AGREEMENT, NON-INFRINGEMENT, AND QUIET ENJOYMENT. ACHWORKS MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE ACHWORKS WEBSITE AND ITS SERVICES WILL BE SUITABLE FOR YOUR OTHER NEEDS OR INTENDED APPLICATIONS OTHER THAN WHAT IS INDICATED IN THE SIGNED AGREEMENT.

4. LINKS

Our website may contain links to other Internet websites or resources. You acknowledge and agree that ACHWorks is not responsible or liable in any way for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that ACHWorks endorses any of the linked sites. You use the links at your own risk.

5. REGISTRATION AND ACCOUNT USE

You agree that any information you provide in response to ACHWorks' registration and other forms will be true, accurate, current and complete. In particular, you agree not to misrepresent your identity to ACHWorks and/or T$$. By submitting any information to ACHWorks and/or T$$, you grant ACHWorks and/or T$$ the right to use this information to provide any services you request and for any other purpose that is consistent with our privacy policy, which policy is set forth in the Agreements & Policies section of our site.

If you become a registered user of our site or services, you will set a password for accessing your account information. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. ACHWorks will not be liable for any loss that you may incur as a result of any third party's use of your password or account, either with or without your knowledge. You may not use anyone else's password at any time.

6. LIMITATION OF LIABILITY

If you do not agree with our Terms of Use, or if you are not satisfied with our website or any of the services that ACHWorks provides, your sole remedy is to discontinue your use of the ACHWorks services and notify ACHWorks and/or T$$ in writing in accordance with the signed agreement between you and ACHWorks. ACHWORKS AND/OR T$$ WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT (EXCEPT AS EXPRESSLY PROVIDED IN ACHWWORKS' MEMBERSHIP AGREEMENT FOR PAID SERVICES), INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RELATING TO OR ARISING OUT OF YOUR USE, MISUSE, OR INABILITY TO USE THE ACHWORKS WEBSITES OR SERVICES, AND WHETHER YOUR CLAIM MIGHT BE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACHWORKS HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN EXPRESS PRECONDITION TO YOUR USE OF ACHWORKS' WEBSITES AND SERVICES.

SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

7. INDEMNITY

You agree to defend, indemnify, and hold harmless ACHWorks, its officers, directors, employees, agents, and partners, from and against any third-party claims, actions, demands, liabilities, expenses, and costs, including without limitation reasonable legal and accounting fees, arising from or related to your use of the ACHWorks website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

8. MODIFICATIONS TO TERMS OF USE

No modification to these Terms of Use will be effective unless: (a) posted by ACHWorks in the Agreements & Policies section of ACHWorks' website; and (b) expressly agreed to in writing on ACHWorks' letterhead and signed by an executive vice president or higher-level officer of ACHWorks. Any modification posted on this site will become effective immediately, and your continued use of ACHWorks' websites or the services it offers will signify your acceptance of such modified terms.

9. GENERAL PROVISIONS

These terms will be governed by and construed solely in accordance with the laws of the United States and the State of California, excluding that body of law governing conflict of laws. Both you and ACHWorks agree that any legal action or proceeding relating to or arising out of these Terms of Use or your use of ACHWorks' website or services will be brought exclusively in a federal or state court in California, and by agreeing to these Terms of Use you submit to the personal jurisdiction of, and venue in, such courts.

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches, nor does it affect your obligations or ACHWorks' rights and remedies under these Terms of Use in any other way. Except for other agreements, terms, or policies appearing on the ACHWorks website, these Terms of Use set forth the entire understanding and agreement between you and ACHWorks regarding the subject matter hereof.

10. ADDITIONAL INFORMATION

This website is owned and operated by ACHWorks and T$$, Rancho Cordova, California. Any questions relating to this website or these Terms of Use may be directed to us. Thank you for using the ACHWorks website and its services.