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Cash-Desk Member Agreement

Cash Safebay LLC ("Cash-Desk") provides payment processing services for Internet Content Providers and Internet Retailers ("Merchants"). Access to Merchants’ services or purchase of goods from a Merchant by Consumers occurs when they remit payment to Cash-Desk. Cash-Desk subtracts any applicable fees and/or taxes and communicates the remainder to the Merchant. Access to Merchants’ service is subject to the Consumer’s compliance with certain terms and conditions spelled out in this Agreement as well as the Consumer’s compliance with the Conditions, Terms of Service ("ToS"), Rules of Conduct ("RoC"), and/or the End User License Agreement ("EULA") published by the Merchant whose goods or services the Consumer is ultimately buying. The terms and conditions governing Cash-Desk processing services appear below. please read this agreement carefully before sending payment. by traversing the cash-desk site or remitting payment to cash-desk, you the consumer agree to be bound by both this member agreement and that of the merchant. if you do not agree to be bound by these terms and conditions, you may not use the cash-desk site nor remit payment to Cash-Desk.

When you come to Cash-Desk to pay for a Merchant’s goods or services, a Cash-Desk Account is created for you.

When you remit payment to Cash-Desk in response to a quote for service ("Amount Due") for a specific transaction, Cash-Desk will communicate receipt of your payment to the merchant. Merchants with whom Cash-Desk has an agreement are obligated to either accept or reject your payment. Upon acceptance, they are obligated to release the goods or services you’ve paid for. If the merchant rejects your payment or if Cash-Desk cannot get an acknowledgement of the payment, Cash-Desk will return your payment to you. Cash-Desk will make a reasonable effort to return your payment to you through the same payment system, method or channel you used to send the payment, in your native currency. Should that prove impractical or impossible, Cash-Desk may disburse your refund as a check drawn on a U.S. bank, payable in U.S. Dollars ("USD"). If you paid using another currency and your refund is paid in USD, then Cash-Desk reserves the right to calculate the necessary currency conversion using the XE.com mid-market rate, minus 4% as a currency exchange fee.

Once a payment has been accepted by a merchant, there are no refunds unless the Merchant authorizes that refund and communicates that authorization directly to Cash-Desk.

In the event you send an overpayment, that is, an amount that exceeds the quoted amount due for a transaction, Cash-Desk will consider the extra amount paid as a purchase of Cash-Desk Pixels™, which are a Cash-Desk unit of virtual, or pretend, currency that Cash-Desk uses for tracking stored value. Cash-Desk Pixels are NOT CONVERTIBLE back into real currency and are not refundable. Cash-Desk Pixels can ONLY be used for future purchases from the original Merchant whose goods were being bought or sold with that transaction’s payment. Cash-Desk retains sole right to set the storage and redemption value of Cash-Desk Pixels and may change their value at any time. By submitting an overpayment to Cash-Desk, you the Consumer are indicating that you want Cash-Desk to use your overpayment by buy Cash-Desk Pixels at the current market rate for Pixels, which is set by Cash-Desk and you understand that Pixels are only usable on the Cash-Desk site or other sites designated by Cash-Desk.

Cash-Desk is not affiliated with the merchants for whom it provides payment processing services. cash-desk has established a formal agreement with the merchants to accept payments on their behalf and to provide payment-related customer support for customers paying via Cash-Desk.

Limitation of Liability
Under no circumstances shall cash-desk, its employees or contractors, or providers, be liable for any indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use any site or service or to access the internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the site or service, or that result from mistakes, omissions, interruptions, deletion or any failure of performance.

If you are dissatisfied with cash-desk or a merchant, or with any terms, conditions, rules, policies, guidelines, or practices of cash-desk in providing access to a merchant, site or service, your sole and exclusive remedy is to discontinue using the site or service and cease sending payments to Cash-Desk.

Your obligations as a consumer
You agree that the information you provide to Cash-Desk shall be correct with respect to name, address, phone number(s), email address, and financial information, if applicable. You certify that you are 18 years of age or older, or that you are entering this transaction with the approval of a parent or guardian who agrees to be bound by these terms.

Any liability incurred as a result of your actions or your use of a Merchant’s service shall be yours and yours alone. This agreement does not make you an Agent of Cash-Desk, nor may you represent yourself as such. You agree not to hold Cash-Desk liable for any exposure or event incurred by you during use of Cash-Desk.

You agree that you will not use Cash-Desk to pay for any transaction greater than USD $750, nor make payments to or through Cash-Desk totaling more than USD $15000 a month, or an equivalent amount in any other currency.

Cash-Desk Account Rules
Use of your Account is expressly limited to you. Your Account may not be transferred to any other party, temporarily or permanently, without the express written permission of Cash-Desk. You agree to bear sole responsibility for all use of your Account and for the confidentiality of your password, if any. If a Merchant redirects you to Cash-Desk, you agree that you are not sharing your Account on that Merchant’s service with any other person, and that you have sole access to that Account. Cash-Desk is not responsible if another person or party gains access to your Account on Cash-Desk or on any Merchant’s site or service.

Cash-Desk may need to communicate with you via email, using the email address you provide. You agree and affirm that you have sole access to that email account, and that Cash-Desk may use that email account to communicate sensitive financial or personal information to you.

User Conduct
While using a Cash-Desk Account or accessing a merchant’s site or service you gained access to via a payment to Cash-Desk, you may not: (i) restrict or inhibit any other user from using and enjoying: A Merchant’s network or content on their Account, the Cash-Desk service, and/or the Internet; (ii) transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws; (iii) transmit any information or software which contains a virus or other harmful component; (iv) transmit or in any way exploit any information, software or other material obtained through access to sites or Services made available through Cash-Desk for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); (v) transmit or distribute in any way information, software or other material obtained through sites or Services made available through Cash-Desk which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.

Use Of The Internet
You understand that, except for information, products or services clearly identified as being supplied by Cash-Desk, neither Cash-Desk nor any of the Merchant services Cash-Desk accepts payments for controls any information, products or services on the Internet in any way and that, except for such Cash-Desk-identified information, products or services, all merchandise, information and services offered or made available or accessible through the Internet are offered or made available or accessible by third parties who are not affiliated with Cash-Desk. You assume total responsibility and risk for your use of cash-desk and the providers accessed through your account, and the internet. cash-desk does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, noninfringement, merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through providers accessed using an cash-desk account, or services or on the internet, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through cash-desk, providers or on the internet. you understand further that the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. you access such materials at your own risk. cash-desk has no control over and accepts no responsibility whatsoever for such materials or your exposure to such materials.

No Service Warranties
Access to an account and associated services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, merchantability or fitness for a particular purpose. no advice or information given by cash-desk, its employees, or contractors, or providers, or their respective employees, shall create a warranty. neither cash-desk nor providers warrants that the site or service will be uninterrupted or error free or that any information, software or other material accessible on the site or service is free of viruses or other harmful components.

Cash-Desk reserves the right to change its rates and prices at any time without warning.

If you opt to use a payment method offered by Cash-Desk where delivery of the payment constitutes a "promise to pay" (such as is the case with a payment by check or direct debit of your checking or savings account, or a payment made via a transaction service allowing payment reversal), and your promised payment does not clear or is uncollectible, is refused or not honored by your bank, or you reverse your payment, your access to Account(s) on Merchants’ services may be suspended immediately. All such actions shall result in a $25 reactivation fee and your Account will remain inaccessible until said fee and all associated bad debts are paid to Cash-Desk. Reactivation fees are levied per instance of un-cleared, non-sufficient funds (NSF), stopped, charged-back, or reversed payments. You agree you will also pay this reactivation fee should you submit false or incorrect checking or savings account information resulting in Cash-Desk being charged a bank fee for submitting a direct debit that is not honored by your bank. Any charge levied by a bank against your or another bank account as a result of your submitting incorrect, invalid, or fraudulent bank information is your responsibility to pay and Cash-Desk shall not be held liable for such charges.

You will be liable for all attorney and collection fees arising from efforts to collect any unpaid balance on your account(s) resulting from your failure to honor your promise to pay. If your usage fees for the site or Service are billed to your credit card or your bank checking account and Cash-Desk is informed by the issuing bank that your account information is invalid or no longer active, your account on a Provider's service may be deactivated immediately. In order to prevent any such deactivation or to reactivate your account, you must contact Cash-Desk at support@cash-desk.com and provide valid information.

You can obtain current rates for Cash-Desk pricing for handling payments for any Merchant that Cash-Desk processes alternate payment options for by selecting to pay via Cash-Desk from the Merchant’s Point of Sale page, or by clicking on other links on the Merchant site designated for use by Consumers seeking to use Cash-Desk. Clicking on these links redirects you to the Cash-Desk site, where the amount due for that particular transaction will be clearly displayed. If you are dissatisfied with any charges, you may discontinue the Service at any time by notifying Cash-Desk at support@cash-desk.com. Cash-Desk may discontinue the Service and access to Accounts at any time. This will NOT result in, or be considered grounds for, a refund of any previously paid amount.

If you have subscribed to have Cash-Desk recurringly charge you for payments due to a Merchant, such as for an ongoing subscription, you may discontinue the Service at any time by notifying Cash-Desk at support@cash-desk.com.

In the event your access to an Account is terminated by the associated Merchant as a result of your actions, you immediately forfeit all time remaining on your access to that Account. You may request a refund of the pro-rated purchase price; however, neither Cash-Desk nor the Merchant is under any obligation to refund the unused amount. If Cash-Desk elects to refund the pro-rated amount, that refund may have early termination or other reasonable fees subtracted from it.

You are responsible for any and all connection charges relating to access of the Account designated for your use and any and all charges incurred while accessing your Account.

Cash-Desk reserves the right to charge additional finance fees for late payment at the highest interest rates permitted by law.

In the event a Merchant changes its pricing, pricing plan, or introduces new pricing options, Cash-Desk reserves the right to cancel any quotes for transactional amounts due that were generated before the aforementioned price change.

Failure To Comply
For failure to comply with these Terms and Conditions, Cash-Desk may suspend your access to and/or terminate your Account immediately and without notice. This termination may be immediate if you engage in any conduct or activities that Cash-Desk, in its sole discretion, believes are for any improper or illegal purpose or a purpose that, in Cash-Desk's sole discretion, otherwise may compromise the integrity of Cash-Desk, an Account, a Merchant, or the Internet, or if you otherwise violate any of the terms and conditions of this Agreement. If Cash-Desk terminates your Account or denies you access to any site or service for Failure To Comply, you shall have no right (1) to access through Cash-Desk or any account secured by Cash-Desk assets or properties any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you from Cash-Desk, and such credit(s) will be forfeited, (3) to access Providers’ services, merchandise or information on the Internet through Cash-Desk or an Account owned by Cash-Desk, and Cash-Desk shall have no responsibility to notify any such third parties nor any responsibility for any consequences resulting from lack of notification. If your access to a site or Service is terminated by Cash-Desk for conduct or activities described in this paragraph, you agree that you will not thereafter attempt to register for an Account or a similar site or Service from Cash-Desk. Cash-Desk also may collect from you any and all costs it incurs arising out of your engagement in any prohibited activity. Cash-Desk may make its actions taken under this section publicly known, and you hereby release Cash-Desk from all claims associated with any such public announcements. Nothing contained in this section shall be construed to limit Cash-Desk's rights and remedies, and Cash-Desk hereby reserves all such rights and remedies which may be available to it at law or in equity. You agree to defend, indemnify and hold Cash-Desk and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of Cash-Desk sites, Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your Account.

Modifications To These Terms And Conditions
Cash-Desk may modify this Agreement, the prices, specifications and features of the Service and these Terms and Conditions governing access to Accounts at any time without specific notice to you and without your agreement. Your continued use of your Account, the site or Service following such modification shall be deemed to be your acceptance of any modification. If you do not agree to any modification of this Agreement, you must immediately stop accessing or using your Account and any Cash-Desk site or Services.

If any merchant provides you with software to use with their site or service, your use of the software is subject to your compliance with the terms and conditions of the applicable software license(s), including any disclaimers.

Cash-Desk has no obligation to monitor the Internet or online sites or Services accessed through an Cash-Desk-secured Account. However, you agree that Cash-Desk and Merchants have the right to monitor their sites and Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate its sites and Services properly, or to protect itself or its subscribers. You understand that Cash-Desk cannot be held liable for any content one might gain access to or be exposed to, or harm that might result while accessing an Account.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of Cash-Desk and the remainder of the provisions shall remain in full force and effect. Cash-Desk’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practices shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Virginia, in the United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. This Agreement constitutes the entire agreement between you and Cash-Desk with respect to the Service or use of any Account designated for your use.

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