CyberCash(tm) Internet Payment Service for Credit Cards
USER AGREEMENT
ABOUT PASSWORDS AND SIGNATURES: This CyberCash software will allow you to select a personal password which, when used with the CyberCash software, will create your "digital signature" and let CyberCash, your financial institution and your merchant know that the transaction on your credit card has been authorized by you. Transactions cannot be initiated without your password. Your password is the key to using your credit card(s) on the CyberCash system, so PROTECT YOUR PASSWORD carefully. Write it down, but do not store it on or near your computer. Keep it in a safe place, do not reveal it to anyone, and do not let anyone else use your computer after you have entered your CyberCash password and the the CyberCash software is still running.
LIMITATIONS ON LIABILITY: (1) Other People's Use of Your Password: It is your responsibility to protect your password from use by unauthorized persons. CyberCash will not be responsible for transactions initiated by other people from your computer by use of your password. By activating your software as a CyberCash user, you will be acknowledging that YOU WILL TAKE RESPONSIBILITY FOR ALL TRANSACTIONS INITIATED FROM YOUR COMPUTER USING YOUR PASSWORD. If you suspect that your password has been lost or stolen, act just as you would if your credit card itself was lost or stolen. You must also immediately send an electronic mail message to CyberCash instructing us to deactivate your account. You can then open a new CyberCash account with your new credit card number and again enjoy the protection of the CyberCash payment services.
(2) Problems With Things You Buy: CyberCash is not a merchant and has nothing to do with the goods or services you purchase using the CyberCash payment service. CyberCash makes no representations or warranties of any kind relating to the goods or services which you purchase using the CyberCash service or the merchants from whom you purchase them. By proceeding with installation of this software and activation of your user password, you agree that CyberCash will not be liable for any problems of any kind relating to those goods and/or services, and agree to indemnify CyberCash from any costs arising from any attempt by you to hold CyberCash responsible in violation of this agreement.
(3) Problems With Card Authorizations: You agree that CyberCash's sole responsibility is the accurate, complete and confidential transmission of your credit card transaction information and the responses to requests for authorization. CyberCash is not responsible for the actions of any bank or other financial institution in authorizing, refusing to authorize or otherwise responding to an authorization request transmitted by the CyberCash service. You specifically waive any claim that you might otherwise have against CyberCash for libel, slander, defamation, injury to character or reputation, embarrassment, mental anguish or the like arising from CyberCash's transmission of responses to transaction authorization requests.
(4) Limited Warranty: CyberCash warrants that if notified by you that the software is inoperable or defective, it will make reasonable efforts to make available to you at no charge replacement software which is operable. Notwithstanding any other portion of this agreement to the contrary, you agree that CyberCash's sole obligation regarding defective or inoperable software is to to make reasonable efforts to replace it. CYBERCASH SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT OPERATION OF THE SOFTWARE MAY NOT BE UNINTERRUPTED OR ERROR FREE.
(5) Limitation of Damages: IN NO EVENT WILL CYBERCASH, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE, PROBLEMS WITH THE USE OF YOUR COMPUTER, OR LOSS OF DATA, EVEN IF CYBERCASH HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. CyberCash's liability to you for actual damages from any cause whatsoever, regardless of the form of the action (whether contract, tort, negligence or otherwise) will be limited to $100. You further agree to waive any claim to seek punitive or exemplary damages from CyberCash, regardless of the cause.
(6) Matters Beyond CyberCash Control. CyberCash will not be liable for and will be excused from any failure or delay in performing its obligations if (i) such failure or delay is caused by circumstances beyond CyberCash's reasonable control (including but not limited to legal constraint, emergency conditions, action or inaction of governmental, civil or military authority, fire, labor dispute, war, riot, theft, natural disaster, breakdown of any supplier of services or equipment to CyberCash, equipment failure, or act, omission, negligence or fault of you) or (ii) CyberCash reasonably believed that its action would have violated any law, guideline, rule or regulation of any governmental authority. No such failure or delay will constitute a breach of CyberCash's obligations to you.
BILLING RIGHTS INFORMATION: You may have certain rights with the financial institution which issued your credit card to receive certain documentation of transactions and to raise questions about errors in your bills. You agree that those matters are between you and your financial institution, and that CyberCash is not involved. You should contact your card issuing financial institution for more information about your billing rights.
TERMINATING YOUR CYBERCASH RELATIONSHIP: Either you or CyberCash may terminate your CyberCash relationship at any time, with or without reason. If you wish to terminate your account, you agree to send an electronic mail message to CyberCash instructing it to do so, and CyberCash will take reasonable steps to close your account within a reasonable period of time. If CyberCash terminates your account, it will promptly give you notice that it has done so.
ARBITRATION OF DISPUTES: In the event of a dispute between you and CyberCash, you agree to give CyberCash at least sixty days written notice of the specific nature of your dispute and use your best efforts to resolve such dispute in good faith. In the event that the dispute cannot be resolved by mutual agreement, you agree that it will be resolved by binding arbitration before a single arbitrator in Reston, Virginia in accordance with the rules of the American Arbitration Association applicable at the time of the dispute.
NOTICES, GOVERNING LAW, BINDING AGREEMENT: You agree that all notices shall be given by electronic mail, with notices to you going to the electronic mail address which you furnish at the time you install the software and notices to CyberCash going to legal@cybercash.com. You also agree that by proceeding with installation of the software below, this will become a binding legal agreement between you and CyberCash, which will be governed by the laws of the Commonwealth of Virginia.
If you agree with the above terms and want to proceed with the selection of a password and activation of a CyberCash user registration, click "I Agree" below.
