Compuserve/Checkfree (tm) Internet Payment Service for Credit Cards
USER AGREEMENT
ABOUT PASSWORDS AND SIGNATURES: This software will allow you to select a personal password which, when used with this software, will create your "digital signature" and let Compuserve, 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 Compuserve system, so PROTECT YOUR PASSWORD carefully. Choose a password that is easy for you to remember, but hard for someone else to guess (names or birthdays of yourself or members of your immediate family are generally NOT a good idea). DO NOT WRITE YOUR PASSWORD DOWN. Do not tell it to anyone, and do not let anyone else use your computer after you have entered your password and the payment 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. Compuserve, Checkfree and the makers of the software will not be responsible for transactions initiated by other people from your computer by use of your password. By activating your software as a 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 Compuserve instructing us to deactivate your Persona. You can then open a new Persona with your new credit card number and again enjoy the protection of the Compuserve/Checkfree payment services.
(2) Problems With Things You Buy: Compuserve, Checkfree and their software makers are not merchants and have nothing to do with the goods or services you purchase using the Compuserve/Checkfree payment service. Compuserve, Checkfree and their software developer make no representations or warranties of any kind relating to the goods or services which you purchase using the Compuserve/Checkfree payment 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 Compuserve, Checkfree and their software developer will not be liable for any problems of any kind relating to those goods and/or services, and agree to indemnify Compuserve, Checkfree and their software developer from any costs arising from any attempt by you to hold them responsible in violation of this agreement.
(3) Problems With Card Authorizations: You agree that the sole responsibility of Compuserve, Checkfree and their software and service providers is the accurate, complete and confidential transmission of your credit card transaction information and the responses to requests for authorization. Compuserve, Checkfree and their software and service providers are 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 payment service. You specifically waive any claim that you might otherwise have against Compuserve, Checkfree and their software and service providers for libel, slander, defamation, injury to character or reputation, embarrassment, mental anguish or the like arising from their transmission of responses to transaction authorization requests.
(4) Limited Warranty: Compuserve and Checkfree warrant that if notified by you that the software is inoperable or defective, they 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 the sole obligation of Compuserve, Checkfree and their software and service providers regarding defective or inoperable software is to to make reasonable efforts to replace it. COMPUSERVE, CHECKFREE AND THEIR SOFTWARE AND SERVICE PROVIDERS SPECIFICALLY AND EXPRESSLY DISCLAIM 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 COMPUSERVE, CHECKFREE AND THEIR SOFTWARE AND SERVICE PROVIDERS, THEIR 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 THEY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. The liability of Compuserve, Checkfree and their software and service providers 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 Compuserve, Checkfree or their software and service providers, regardless of the cause.
(6) Matters Beyond Compuserve Control. Compuserve, Checkfree and their software and service providers will not be liable for and will be excused from any failure or delay in performing their obligations if (i) such failure or delay is caused by circumstances beyond their 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 them, equipment failure, or act, omission, negligence or fault of you) or (ii) Compuserve, Checkfree and their software and service providers reasonably believed that their action would have violated any law, guideline, rule or regulation of any governmental authority. No such failure or delay will constitute a breach of their 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 Compuserve, Checkfree and their software and service providers are not involved. You should contact your card issuing financial institution for more information about your billing rights.
TERMINATING YOUR RELATIONSHIP: Either you or Compuserve may terminate your relationship at any time, with or without reason. If you wish to terminate your Persona, you agree to send an electronic mail message to Compuserve and Checkfree instructing them to do so, and they will take reasonable steps to close your Persona within a reasonable period of time. If Compuserve or Checkfree terminates your Persona, they will promptly give you notice that they have done so.
ARBITRATION OF DISPUTES: In the event of a dispute between you and Compuserve, Checkfree and/or their software and service providers, you agree to give them 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 Compuserve, Checkfree and their software and service providers going to wallet@compuserve.com with a copy to legal@cybercash.com. You further agree that these notices and other information sent to you via email will be deemed to be "in writing" for legal purposes. You also agree that by proceeding with installation of the software below, this will become a binding legal agreement between you and Compuserve and Checkfree, which is also intended to be for the benefit of their software and service providers, which will be governed by the laws of the State of Virginia.
If you agree with the above terms and want to proceed with the selection of a password and activation of a Compuserve/Checkfree user registration, click "I Agree" below.
