This website (Bowlofcherries.com) is the property of Bowl of Cherries and is offered for use to you, the customer, conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of this website, both as a visitor, registered Bowl of Cherries user and as a gift-giver, constitutes your agreement to all such terms, conditions and notices.
II. GOOGLE CHECKOUT
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Use of This Site
Bowl of Cherries maintains this website is for your personal use, entertainment, education and communication. You should assume everything you see or read on the website is the property of Bowl of Cherries and its licensers or partners. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell information without the prior written permission of Bowl of Cherries .
Rights of Bowl of Cherries
Bowl of Cherries has the right to:
Change the Terms and Conditions of Use : Bowl of Cherries reserves the right to change the Terms and Conditions of Use at any time and without prior notice to the registered user. Such changes will be effective only when they are posted to the Terms and Conditions of Use section of the website.
Modify and Discontinue Bowl of Cherries: Bowl of Cherries reserves the right to modify or discontinue Bowlofcherries.com at any time without notice after distribution of registered user gift money balances. Details about gift money balances are as follows:
The "savings balance" that is listed within a registered user's personal account management page is representative of what a registrant has received in gifts. The gift-giver pay the service fee, which is levied once at the point of purchase, then this is the entire sum they are ultimately due; no further service fees will be levied at the point of pay-out (referred to on the site as "withdraw funds"), unless the user selects to receive their money in a manner that requires additional fees (i.e. via wire transfer or FedEx; regular check and regular USPS delivery is free, both in the U.S. and internationally). If the user selects to receive their money in a manner requiring additional fees, as mentioned above, then these will be assessed during cash-out as well. User will be notified in advance of any fees.
There will be two (2) balance quantities noted in a registered user's account, one that reflects the total gift amount that has been earned on the registry and the other that reflects the amount that is available for redemption (known as "withdraw funds"). These amounts may not be the same if there are any gifts that have been purchased in the past 72 hours. To protect against fraud, we hold all gift amounts for 3 days to ensure that they clear with the credit card company. Once cleared, the money is listed as available for withdraw funds.
Remove user materials from the website
Without reference to the user and in its absolute discretion remove any user materials from the website in order to rectify such breach or terminate the provision of its services and do all such things as it considers appropriate to prevent the user gaining access to or using the Website.
Publish, (or cease to publish), reproduce, use, adapt and manipulate all materials posted on the website
Correct any errors, inaccuracies or obvious omissions in the materials on the website without prior notice to the users
Shut the website down or suspend access to the website for the purpose of improving, maintaining or altering it or as otherwise required by law
Terminate the use of the website on not less than 7 days' notice, unless required by law
Terminate an event registry site's unique URL (web address), and the associated site, on not less than 7 days' notice, unless required by law
Refuse to accept P.O. Boxes as an acceptable form of mailing address for users to receive their gift money
There is a Google Service fee of 2.9% on each total registry purchase plus a $2.00 administrative fee applied at checkout to the guest [1 registry purchase may include as many items from the registry that the gift-giver would like to buy in one (1) transaction]. The service fee comprises the credit card processing fee due by us to Google, and Bowl of Cherries 's administrative fee. There are no fees applied to the bride or host. You will receive 100% of a contribution. When you are ready to cash out you have the option of direct deposit into PayPal or a check sent in the mail. Bowl of Cherries does not have a sign-up fee.
Submission of Your Content
By submitting and/or posting any material to the website (Content), you automatically grant to Bowl of Cherries a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative work of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. As a user, you are responsible for your own Content and are responsible for the consequences of your posting such Content. You must not do the following things: post materials that are copyrighted, unless you are a copyright owner or have the permission of the copyright owner to post it; post material that violates any law or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image; post or transmit any advertisements, promotional materials, "junk mail," "spam," chain letters, pyramid schemes or any form of solicitation; impersonate another person or misrepresent your affiliation with any person or organization; access the website to obtain a list of users of the website; access or use any secure or non-public areas of the website without authorization; or frame or link to the website. Although we periodically review the Content posted on our site (this includes emails that a user may send to friends/family using our "Share" tool), Bowl of Cherries does not represent or guarantee the truthfulness, accuracy, or reliability of any Content posted by other users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Bowl of Cherries does not screen user Content in advance and is not responsible for screening or monitoring material posted/sent by users. If Bowl of Cherries becomes aware of any Content that allegedly does not conform to these Terms and Conditions of Use, Bowl of Cherries may investigate the Content and determine in good faith, in its sole discretion, whether to remove or request the removal of the Content. Bowl of Cherries has no liability or responsibility to you for performance or nonperformance of such activities. Bowl of Cherries reserves the right to remove Content, expel users and prevent their further access to the website for violating these Terms and Conditions or the law.
Bowl of Cherries is based in the USA and operates with US dollars as its primary currency.
Bowl of Cherries issues payments in US dollars. If you will be depositing your gift money into a non-US bank, your bank may be assessed a currency exchange fee and/or a fee for a foreign deposit. You must consult your bank for these details.
If a gift-giver is purchasing with a non-US credit card, they may be subject to currency exchange fees levied by their credit card company; this has nothing to do with Bowl of Cherries . Any concerns about exchange fees and rates should be directed to your credit card company.
User Registration and Termination of Account
Registered users attest that all information provided in the registration process is true and accurate. Bowl of Cherries may, at any time, and at its sole discretion, terminate the registered user's membership without prior notice.
If the registry or the account have not been operated or had no transactions for over a continuous period of twelve (12) months, then Bowl of Cherries has the right to close such event registry, or the account, without any prior notice to the user.
Bowl of Cherries is not obligated to save any data, information or materials being deleted from such event registry site, or the account on the website, and shall not be liable to anyone for loss of such data, information or materials as a consequence of the deletion.
Should a registry account balance exist, Bowl of Cherries shall use reasonable endeavors to contact the account owners to redeem their balance. If Bowl of Cherries is unable to locate or identify the owner or person entitle to the receipt of the moneys in the account, then such moneys shall be treated as unclaimed money.
Cash-Out: Redeeming Your Gift Money
A cash-out payment will only be mailed/transferred in the name of, and to the address of, the person listed as "Registrant 1." Each individual gift is available for cash-out after a 72 hour waiting period. Registered users can request as many payments as they want from Bowl of Cherries , as long as they have a minimum balance of $200 in their account (the user will always have to withdraw a minimum of $200 for a regular Cash-Out). When the user is ready to close their registry, they will cash-out for the last time if there is a balance remaining; this is known as a 'Final Cash-Out.' When the user does a Final Cash-Out, they can redeem all of the funds in their account, even if the total is less than $200. Final Cash-Out is the only instance when the user can withdraw an amount less than the $200 minimum.
Once registered, users cannot change their preference regarding who is listed as "Registrant 1," thereby determining who will be the recipient of the checks. Both the 72 hour waiting period, as well as the inability to change "Registrant 1" and their corresponding address, are for the protection of our registered users against fraud, hackers and any other malicious conduct online.
All Cash-Outs will be processed within 2 business days of the request. If user does not receive funds it is their responsibility to contact support at email@example.com within the following time frames to report that funds have not arrived. Outside of this time frame and it is not guaranteed that funds can be traced (this is most vital for ACH transfers where the bank controls the tracing time frame. With USPS we need to allow longer periods of time for the mail to be returned since USPS mailings are not track able):
ACH Transfers: Within 4 days of request
Check or Gift Card Mailed via USPS: Within 7 days of request
Once the money leaves the Bowl of Cherries bank account, if we are not contacted within the above time frame, we cannot commit to being able to recover the funds since we are restricted by the banking system's tracing abilities, though we will do everything we can to work with the bank within a reasonable amount of time.
Canceling a Cash-Out Request and Stopped Checks
You must email us at firstname.lastname@example.org or call 855-469-3744 immediately, in 4 hours or less, if you need to cancel a Cash-Out request. If we have not yet processed the request, we can cancel the request for you without any implications and the money will be returned to your account to await a future cash-out. There will be no penalty if the request was not yet processed.
If you have cashed-out via ACH transfer or Visa gift cards and we have already processed the request, unfortunately we cannot cancel it. If you have cashed-out via check and we have already processed the request but you still want it canceled, we can cancel it for you and put a stop on the check. However, you will be assessed a $30 stopped check fee in your next Cash-Out.
Large Purchases, Disputed Purchases and Pending Credit Card Purchases
Bowl of Cherries reserves the right to request an authorizing signature on purchases exceeding a predetermined amount in an effort to protect against the possibility of credit card fraud. This is primarily aimed at protecting the gift-givers and so requires an active communication effort with them as well as their cooperation. Please note that these funds may be subject to escrow until authorization or an unspecified period of time.
Gift Errors and Refunds
Once a gift-giver has confirmed and processed their gift for a Bowl of Cherries registrant, there is no refund immediately possible. Bowl of Cherries has sole discretion to determine the validity of a return/cancellation request. We operate under the assumption that the gift-giver is willingly depositing a gift into the account of a Bowl of Cherries registrant, and has had optimal opportunity during the steps of checkout to review and confirm their order, and therefore a refund should not be necessary. However, if a gift-giver believes that there has been a system error (not a human error) in the amount of the gift, or who the gift was intended for (i.e. it was deposited in the wrong person's registry), the gift-giver should contact email@example.com or call 855-469-3744 immediately. In most cases, if the gift-giver would like the charge reversed, the gift-giver will be responsible for paying the credit card fees associated with processing the return.
Charge backs and Disputes
By using the Bowl of Cherries service, you are waiving your rights to chargeback's. You, the gift-giver, are willingly depositing a gift into the account of the Bowl of Cherries user you have selected. Bowl of Cherries is acting as a middleman to provide this service to our registered users. There should be no dispute about the validity of a charge, as this is a system of one-time purchases, without auto-renewals or anything else that might cause you to receive an unfamiliar charge (the only exception being for non-US credit cards that could incur a foreign transaction fee from your card issuer), and said gift is purchased and given of your own free will. In the instance that the event you have contributed towards has been cancelled, it is the responsibility of the gift-recipient to return the money to the gift-giver; a situation such as this is not just cause for a chargeback.
Should a gift-giver decide to proceed with disputing a valid charge from Bowl of Cherries regardless of the indemnification, and the registered user in question still has the disputed gift(s) as part of their current balance, the value of the gift along with a $45.00 chargeback fee will be deducted from said registered user balance. If the registered user has no current balance, the disputed amount plus chargeback fee will be held back from any future gifts they may receive. Bowl of Cherries will contact the gift-giver in an effort to rectify any situation involving disputed gift(s).
We endeavor to work closely with Google to ensure that all credit card transactions are legitimate and not fraud. In the event of a fraudulent transaction with your credit card, we will work with the card holder to rectify the situation. However, if a customer is misusing chargeback's because they have simply changed their mind, we reserve the right to deduct the amount of the chargeback fee from the registered user's account.
Cancelled or Postponed Events and Returning the Gifts
Please notify Bowl of Cherries of an event postponement or cancellation as soon as possible. If the event will be delayed, you must log into your Bowl of Cherries account with your email address and password to edit the information pertaining to your event that has changed.
If your event is cancelled, you are responsible for returning the funds to the gift-givers. If there is still money in your account that has not been redeemed, upon your notice we will conduct a final cash-out and send you the check. It is the gift-recipient's responsibility to return those funds to your gift-givers; we do not process refunds.
You agree that Bowl of Cherries may terminate your use of this website if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Bowl of Cherries or any third party, or for any reason with or without notice to you. Bowl of Cherries also has the right to terminate (i.e. delete) your event registry site, if it goes unused for more than a year from the date it was created. You agree that Bowl of Cherries will not be liable to you or any third party as a result of such modification or discontinuation.
Closing Your Registry
At any time, you may close your registry and receive the remainder of your balance; this is the one time when you may "cash-out" with a balance that is less than $200. Once you've closed your registry, purchases can no longer me made from it, but the rest of your site is still accessible to the public. You may do this from your dashboard.
Deleting Your Event Registry Site
At any time, members have the ability to delete their event registry sites. You may do this from the dashboard Settings section for that particular event registry site. Deleting a registry removes the entire event registry site and eliminates it from both the search and directory. The URL (web address) now becomes available for future use by another user.
A registry with an unclaimed balance that is not redeemed for two years after the Event date will be closed and the event registry site deleted. Bowl of Cherries will attempt to contact the user via email and a letter two months before the two year period.
Your use of this website is at your risk. Bowl of Cherries does not warrant or represent that our Content is accurate, error-free or reliable or that your use of such material will not infringe rights of third parties. Bowl of Cherries does not warrant or represent that the functional aspects of the website will be error free or that this website or the server that makes it available are free of viruses or other harmful components. If your use of this website or our Content results in the need for servicing or replacing property, material, equipment or data, Bowl of Cherries is not responsible for those costs. Without limiting the foregoing, everything on our website is provided to you "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOWL OF CHERRIES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL CONTAINED ON THIS WEBSITE, OR ABOUT ITS SOFTWARE, TEXT, GRAPHICS, AND LINKS, OR RESULTS TO BE OBTAINED FROM USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties. As a result, some of the above exclusions may not apply to you.
Limitation of Liability
NEITHER BOWL OF CHERRIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THIS WEBSITE AND OUR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BOWL OF CHERRIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This agreement is governed by the internal laws of the State of California without regard to conflict of laws principles thereof. You hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bowl of Cherries as a result of this agreement or use of this website. Bowl of Cherries 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bowl of Cherries 's right to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Bowl of Cherries with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between the customer and Bowl of Cherries , with respect to this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Bowl of Cherries , with respect to this website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event. Any rights not expressly granted herein are reserved.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on this website are registered and unregistered trademarks of Bowl of Cherries and others. Nothing contained on this website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Bowl of Cherries or such third party that may own the Trademarks displayed on this website. Your misuse of the Trademarks displayed on this website, or any other Content on this website, except as provided herein, is strictly prohibited.
All Content included on this website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Bowl of Cherries or its Content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content on this website is the exclusive property of Bowl of Cherries and protected by U.S. and international copyright laws. All software used on this website is the property of Bowl of Cherries or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this website is strictly prohibited.
Bowl of Cherries respects the intellectual property rights of others. Accordingly, Bowl of Cherries has a policy of terminating, in appropriate circumstances, the account of any Bowl of Cherries user who repeatedly posts infringing material on the Bowl of Cherries website.
You agree to defend, indemnify, and hold harmless Bowl of Cherries , its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising from your use of this website or our Content or your breach of these Terms and Conditions. Bowl of Cherries shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
You will receive a password in connection with your use of this website. You will be responsible to maintain the confidentiality of your password and account, and will be solely responsible for all activities that occur under your password and account.
Our Contact Information
Bowl of Cherries
31441 Santa Margarita Pkwy
Customer Service #: (855)-469-3744
© 2011-2012 Bowl of Cherries
By using the services provided by Bowl of Cherries, you acknowledge that you have read our Terms and Conditions of Use and agree to them.
March 21, 2012
This Terms of Service is a legal agreement between you and Google Payment Corp. a wholly-owned subsidiary of Google Inc. ("Google?), that governs your access to and use of Google Checkout as a purchaser of merchandise, goods, or services. Please review this entire Terms of Service before you decide whether to accept it and continue with the registration process.
BY CLICKING ON THE "AGREE AND CONTINUE" BUTTON ON THE REGISTRATION PAGE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE.
1. Certain Defined Terms
The following defined terms appear in this Terms of Service.
- "You", "you? or "Buyer": A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.
- Carrier Billing: The payment process whereby GPC, on behalf of Seller, submits a Payment Transaction to the Carrier for billing to the Buyer?s Carrier Billing Account.
- Carrier: A mobile telephone operator approved by GPC that offers a Carrier Billing Account.
- Carrier Billing Account. The monthly or other periodic billing account provided to you by your Carrier that you register with the Service to fund certain Payment Transactions
- Customer: A person that registers with the Service as a Buyer or a Seller.
- Seller: A Customer that uses the Service to process Payment Transactions from Buyers.
- Google Web Sites: The web site pages of GPC, Google or a Google-affiliated or partner company.
- Payment Instrument: The credit card, debit card or Carrier Billing Account that is registered by a Customer with the Service to facilitate the processing of Payment Transactions. A Payment Instrument must be associated with a billing address in a country where the Service is made available.
- Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer?s Payment Instrument and the crediting of funds to a Seller.
- Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.
- Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
- Service: The Google Checkout service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.
- "GPC?, "we?, or "us?: Google Payment Corporation.
2. Requirements for Registration
In order to use the Service, you must complete all required information elements on the Service registration web pages. You must register a valid credit or debit card or Carrier Billing Account as a Payment Instrument to make Payment Transactions and pay fees and other obligations arising from your use of the Service. You must provide current, complete and accurate information and maintain it as current and accurate. We may require you to provide additional information as a condition of continued use of the Service, or to assist in determining whether to permit you to continue to use the Service.
You authorize us to confirm that your Payment Instrument is in good standing with the issuing financial institution and/or Carrier (as applicable), including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the Payment Instrument, in accordance with the relevant card association or Carrier rules as applicable. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Service
We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Buyers, you represent that you are:
- 18 years old or older; and
- capable of entering into a legally binding agreement.
If you are a business entity, you also represent that you are:
- duly authorized to do business in the country or countries where you operate; and
- your employees, officers, representatives, and other agents accessing the Service are duly authorized to access the Service and to legally bind you to these Terms of Service and all transactions conducted under your username and password.
3. Payment Transaction Processing
The Service facilitates the processing of Payment Transactions to complete a payment for a purchase between a Buyer and a Seller. The Service will store information from Buyers, such as their Payment Instruments and shipping information, and will process Payment Transactions on behalf of Sellers through the appropriate credit card or debit card network or through a participating Carrier, as applicable. GPC may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Buyers, or other applicable GPC or Service policies, as determined in GPC?s sole and absolute discretion. Buyer authorizes the charge or debit to Buyer?s Payment Instrument as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting to Buyer?s Payment Instrument in connection with reversals, refunds, or adjustments through the Service.
You acknowledge and agree that your purchases of Products are transactions between you and the Seller, and not with GPC, Google or any of GPC?s affiliates. GPC is not a party to your purchase of Products, and GPC, Google, or other GPC affiliates are not a buyer or a seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Google Web Site.
4. Permissible Payment Transactions
You may only use the Service to process a Payment Transaction for a Product that is purchased from a Seller through a legitimate, bona fide sale of the Product. The Service may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. The Service may not be used to receive cash advances from Sellers or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use the Service to process Payment Transactions in connection with the sale or exchange of any illegal goods or services or any other underlying illegal transaction.
You agree that you will not use the Service to process Payment Transactions for any Products that violate this Terms of Service, other policies or rules applicable to the Service, or applicable law. The current policy that establishes the Products and other transactions that may not be paid for with the Service is provided here. Failure to comply with these limitations may result in suspension or termination of your use of the Service.
5. Limitations on the Use of Service
We may establish general practices and limits concerning use of the Service, including without limitation individual or aggregate transaction limits on the dollar amount or number of Payment Transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to parts or all of the Service without notice and without liability. We may decline to process any Payment Transaction without prior notice to Buyer or Seller.
We do not warrant that the functions contained in the Service will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or the Service).
We may limit or suspend your use of the Service at any time, in our sole and absolute discretion. If we suspend your use of the Service, we will attempt to notify you by electronic mail. Suspension of your use of the Service will not affect your rights and obligations pursuant to this Terms of Service arising before or after such suspension.
6. Username and Password Information
You are responsible for: 1) maintaining the confidentiality of your username and password, 2)any and all transactions by persons that you give access to or that otherwise use such username or password, and 3) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Service of which you have knowledge.
If Buyer is a business entity, Buyer agrees that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by Buyer with the authority to use the Service and legally bind Buyer. Buyer shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by Buyer, that access the Service using Buyer?s user name and password.
7. Time Checkout Account
Where offered by a Seller, you may make a Payment Transaction through a one-time Google Checkout Buyer account, also referred to as a "One Time Account?, "Guest Account? or a similar name. If you make a Payment Transaction through a One Time Account, these Terms of Service apply except:
- You will create the One Time Account at the time you make the Payment Transaction and you can use the One Time Account only for that single Payment Transaction.
- You will not create a username or password for the One Time Account.
- Information about a Payment Transaction made through the One Time Account will be accessible at the time of the Payment Transaction and subsequently through a dedicated webpage link provided to you.
- Information about a Payment Transaction made through a One Time Account will not be accessible through any other Google Checkout Account you may have.
8. Carrier Billing
Certain Sellers that accept Google Checkout may permit you to have your purchase billed to your Carrier Billing Account. These additional terms apply when you use Carrier Billing through Google Checkout:
- To register your Carrier Billing Account as a payment option, Google Checkout requires your mobile telephone number, and the name and billing address, including zip code, of the Carrier Billing Account associated with that number. You consent to your Carrier providing this information to Google Checkout, and you will review the information during sign-up for Carrier Billing, and correct any inaccuracies. This information will be used by Google Checkout for the purpose of establishing your Carrier Billing Account as a Payment Instrument in your Google Checkout Account, and for operating the Service. You also agree that GPC and your Carrier may share information with each other regarding your Carrier Billing activity in order to charge or credit your Carrier Billing Account and otherwise complete payments for purchases, reversals, refunds or adjustments of Payment Transactions, resolve disputes, provide customer support, and for other Carrier Billing-related purposes.
- When you choose to pay for a transaction with Carrier Billing, you authorize the Seller and GPC, as processor for the Seller, to submit charges and credits to your Carrier, and your Carrier to make such charges and credits to your Carrier Billing Account, as necessary to complete the Payment Transaction, or to complete the reversal, refund, or adjustment of that Payment Transaction.
- You can use Carrier Billing to purchase applications (e.g., downloadable or networked applications, wallpapers, ring-tones, games, and productivity tools) ("Apps?) for and with your compatible device from certain merchants on Android Market. These Apps are not sold by your Carrier, Google, GPC, or Android Market. You can identify the Seller of the App at the point of purchase.
- Purchases made through Carrier Billing are also subject to the terms & conditions of your Carrier Billing Account. You are responsible for any charges and related fees that may be imposed under your Carrier Billing Account terms & conditions as a result of your use of Carrier Billing.
- You may contact your Carrier?s customer service if you have a question about the charges or fees billed to your Carrier Billing Account. If you have a question regarding Google Checkout related matters, you may contact Google Checkout customer service.
- You should direct support questions regarding products, such as Android Apps, purchased through Carrier Billing to the Seller from whom you purchased the App.
- None of Carrier, Google , GPC, or Android Market is responsible for any product (including an App) purchased with Carrier Billing, including download, installation, use, transmission failure, interruption, or delay, refunds, third party advertisements you may encounter while using the product or App, alterations any App may make to the functionality of your device, including any changes that may affect your Carrier?s plan, service, or billing, or any content or website you may be able to access through the App.
10. Use of Electronic Communications
We may communicate with you regarding the Service by means of electronic communications, including (a) sending electronic mail to the email address you provided during registration, or (b) posting notices or communications on a Google Web Site. You agree that we may communicate with you by means of electronic communications the following: this Terms of Service (and revisions or amendments), notices or disclosures regarding the Service, payment authorizations, and any other matter relating to your use of the Service.
You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. Electronic communications shall be deemed received by you when we send the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with this Terms of Service, or when we post the electronic communication on a Google Web Site.
For those communications or records that we are otherwise required under applicable law to provide in a written paper form to you, you agree that we may provide such communications or records by means of electronic communications. The following additional terms will apply to such electronic communications: (a) you may contact us through the Service contact page to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of such an electronic communication, and we reserve the right to charge a fee to provide such paper copy; (c) you may contact us through the contact page to update your registration information used for electronic communications or to withdraw consent to receive electronic communications; and (d) we reserve the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from us.
11. Service Fees
We do not charge a fee to use the Service as a Buyer. The financial institution that issues, or the Carrier that provides, your Payment Instrument may charge a fee in connection with the debiting or charging of the Payment Instrument resulting from the Payment Transaction. You should consult the terms and conditions governing your Payment Instrument for more information about any such fees.
GPC will provide various tools to assist Customers in communicating with each other to resolve a dispute that may arise between Buyers and Sellers with respect to their transaction. If Customers are unable to resolve a dispute, we can mediate disputes between buyers and sellers if either party requests assistance. If this occurs, we will review the dispute and propose a non-binding solution, if appropriate. For more detailed information, please see our Frequently Asked Questions.
GPC may offer a feedback or other ranking system on the Service to assist you in evaluating other Customers of the Service. You acknowledge that any such feedback or ranking system represents solely the opinion of other Customers of the Service, and is not an opinion, representation, or warranty by GPC with respect to other Customers of the Service.
You agree to release, GPC, Google, and other GPC affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve GPC in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys? fees of GPC, Google, and other GPC affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below. However, nothing in this Terms of Service shall constitute a waiver of any rights, claims or defenses that you may have with respect to a Payment Transaction under the Buyer?s card issuer agreement or Carrier Billing Account terms and conditions, the card association rules or applicable state and federal laws, such as the federal Truth in Lending Act or the Electronic Fund Transfer Act.
If you are a California resident, you hereby expressly waive California Civil Code ?1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor."
If you believe your Google Checkout Account has been opened or used in an unauthorized manner, please see our fraud protection process. Also, please see our Frequently Asked Questions for more information on how we protect you from fraud.
Except as set forth in this Terms of Service, all Payment Transactions processed through the Service are non-refundable to Buyer by GPC and are non-reversible by Buyer through the Service.
14. GPC Not a Banking Institution
GPC processes Payment Transactions on behalf of Sellers. GPC is not a bank or other chartered depository institution. Funds held by GPC or its service providers (including any bank service providers) in connection with the processing of Payment Transactions are not deposit obligations of Buyer and are not insured for the benefit of Buyer by the Federal Deposit Insurance Corporation or any other governmental agency.
15. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Service for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Service, you remain liable for all Payment Transactions and any other obligations you have incurred. Upon termination, we have the right to prohibit your access to the Service, including without limitation by deactivating your username and password, and to refuse future access to the Service by you (or your relatives or known acquaintances or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
16. Buyer Responsibility for Taxes
The reporting and payment of any applicable taxes arising from the use of the Service is your responsibility. You hereby agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Payment Transactions.
17. No Endorsement of Products
GPC does not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, "Content?) displayed or distributed, purchased or paid through the Service, or the Google Web Sites; or (b) the ability of Buyers to buy Products or Sellers to deliver Products. GPC hereby disclaims any liability or responsibility for errors or omissions in any Content or in the Service. GPC reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in GPC?s sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of this Terms of Service for Buyers.
18. Unclaimed Property
If we are holding funds due to you arising from a Payment Transaction processed through the Service or otherwise, and we are unable to contact you and have no record of your use of the Service for several years, applicable law may require us to report these funds as unclaimed property. If this occurs, we will try to locate you at the address shown in our records, but if we are unable to locate you, we may be required to deliver any such funds to the applicable state as unclaimed property. We reserve the right to deduct a dormancy fee or other administrative charges from such unclaimed funds, as permitted by applicable law.
You agree to indemnify, defend and hold harmless GPC, Google, and their, subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (including without limitation Paymentech, L.P. and relevant Customers) (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of GPC?s policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.
20. Disclaimer of Warranties
THE SERVICE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GPC, GOOGLE, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS (COLLECTIVELY, "GPC PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICE OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE. EACH GPC PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GPC PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. THE GPC PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICE.
21. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY GPC PARTY BE RESPONSIBLE OR LIABLE TO BUYER OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GPC PARTY OR THE SERVICE, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GPC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GPC PARTIES? TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE NET FEES GPC HAS ACTUALLY RECEIVED AND RETAINED FROM THE BUYER?S VALID PAYMENT TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no GPC Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
22. Jurisdiction; Governing Law
This Terms of Service shall be governed by the laws of California, except for California?s choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Santa Clara County, California. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
In addition to the electronic communications authorized under the Section entitled, "Use of Electronic Communications?, statements, notices and other communications to Buyer may be made by mail, email, postings on the Google Web Site or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Google Web Sites. Notice to GPC may be made by mail to:
Attn: Google Checkout
1600 Amphitheatre Parkway
Mountain View, CA 94043
24. Modification of Terms of Service for Buyers
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on a Google Web Site or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Service.
You may not assign this Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign this Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, this Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
Upon termination of your use of the Service or termination of this Terms of Service for any reason, in addition to this section, the following sections shall survive termination: 3, 8 through 13, and 18 through 26.
27. Other Provisions
The failure of GPC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of
such right or provision. If any provision of this Terms of Service shall be adjudged by any court of competent jurisdiction
to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that
this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of
such section. This Terms of Service, including GPC?s policies governing the Service referenced herein, constitutes
the entire agreement between GPC and Buyer with respect to Buyer?s use of the Service. This Terms of Service
is not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and
GPC, Google, and other GPC affiliates which each shall be a third party beneficiary of this Terms of Service for
Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.