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First posted: May 9, 2000
This CASHNet SMARTPAY Internet site (www.cashnetsmartpay.com)
is owned and operated by Informed Decisions Corp. ™("IDC"). By using this site
you agree to the following terms and conditions. We reserve the right to modify,
adjust or otherwise change the content or function of this site and these terms
and conditions at any time. New or revised terms of use will take effect when
they are posted on this site. YOUR CONTINUED USE OF THIS SITE ESTABLISHES YOUR
AGREEMENT TO BE BOUND BY THESE TERMS OF USE, AND ALL ADDITIONS AND REVISIONS TO THEM.
Requirements for using this site
This site offers IDC's CASHNet SMARTPAY service (the "Service"),
which enables you, the student, and your parent, legal guardian
or other third party to pay tuition, fees and other charges by credit
card or electronic check. To use
the Service, you must supply your student identification number, and you
must have authority to make charges to the credit card or checking
account you are using. If you are under 18 years of age, you must
obtain the authorization of your parent or other responsible adult
before using a credit card to make payments on this site.
Notice to Children
This site is not for use by children. If you are under 13, please do not submit any personal or other information to us.
Payment of Charges
You may use this Service to pay charges for tuition, other student
services, and the IDC service charges described below, by credit
card or electronic check. Your
credit card company or bank will make payment to IDC. By the end
of the business day following receipt of funds, IDC will post a
payment to your account at the school, subject to withholding or
off-set for disputed amounts, chargebacks, reversals, refunds and
the like ("Chargebacks"). Your institution has agreed to credit
your account upon receipt of IDC's payment notice. IDC will hold
your payment in its bank deposit account and will transfer your
payment to the institution within ten days of receipt, subject to
Chargebacks. You agree to indemnify and hold IDC harmless from any
liability in connection with such payment, and, once IDC has made
such payment to your institution, you agree to pursue any claim
for recovery or reduction of such payment solely against your institution
and not against IDC. Funds in IDC's deposit account will not bear
interest for you.
Service Charges
When you use this Service to make a payment, IDC adds a service
charge for your use of the CASHNet SMARTPAY service (a "Service
Charge"). Service Charges are paid to IDC. The amount of the Service
Charge is added to your payment for registration fees and is combined
with your payment as one amount that appears on your credit card
or checking account statement. The Service Charge is not a fee or
charge assessed by your institution. To see a list of service charges
click here. BY USING THIS SERVICE
YOU AGREE TO PAY INFORMED DECISIONS CORP'S. SERVICE CHARGE AS FROM
TIME TO TIME REFLECTED IN THE SERVICE CHARGE LIST POSTED ON THIS
SITE. The service charge is not refundable, even if the payment
to which it relates is cancelled, refunded, credited or charged
back.
Your institution has the option to absorb the service charge on selected items. In addition, service
charges are not added to payments for charitable contributions to your institution. Please consult your
institution for more information about the items for which it has elected to absorb the service charge.
There is no charge for informational transactions, for example when you log on to CASHNet SMARTPAY to
confirm transactions or view open account balances.
Keep your PIN Confidential
Your PIN identifies you to CASHNet SMARTPAY. Anyone who has your PIN can access your account. You authorize us to provide information concerning your account to anyone who accesses this Service with your PIN.
Your obligations
When you use this Service, you agree-
- To comply with these terms of use;
- To provide accurate information;
- Not to attempt to access any account without proper authority;
- Not to attempt to access any non-public part of this site, unless you are authorized to do so;
- Not to do anything that would interfere with the ordinary operation of this site;
- To pay all charges authorized by you, even if your credit card company does not honor a charge;
- Not to violate the intellectual property rights of IDC, or of others.
IDC reserves the right to terminate the use of this site by anyone who does not comply with these obligations.
Notices
IDC may give you notices either by posting them on this site, or by e-mail, if you have supplied an e-mail address. You agree to check this site and the e-mail address that you supplied for notices, and you will be deemed to have received a notice when it is posted on this site, or sent to you by e-mail.
Copyright and Trademark Notices
The site is owned and operated by Informed Decisions Corp. Unless otherwise specified, all information appearing on this site, including (but not limited to) text, site design, logos, graphics, icons, and images, are the sole property of IDC or its licensors. You may not reproduce, modify or distribute any of the content of this site. All software is owned by IDC. No materials or image from this site may be copied, modified, uploaded, transmitted, or distributed in any form or by any means without IDC's prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
COPYRIGHT ©2000 INFORMED DECISIONS CORP.TM. All Rights Reserved. Informed Decisions Corp., CASHNet SMARTPAY and all related logos and designs are the exclusive trademarks of IDC.
Warranty Disclaimer
EVERYTHING ON THIS SITE AND IN THIS SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY OTHER PROVISION OF THIS AGREEMENT NOTWITHSTANDING, VENDOR SHALL NOT BE LIABLE TO CUSTOMER FOR ANY ERROR OR DEFECT IN, OR FAILURE OF PERFORMANCE OF, THE SMARTPAY SERVICE OR WEB SITE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Internet Availability Disclaimer
THE INTERNET CONSISTS OF MULTIPLE PARTICIPATING NETWORKS WHICH ARE SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO THE CONTROL OF IDC. IDC'S ABILITY TO PROVIDE THE SERVICE DEPENDS ON INTERNET SERVICES PROVIDED TO IDC. MALFUNCTION OF OR CESSATION OF INTERNET SERVICES BY INTERNET SERVICE PROVIDERS OR OF ANY OF THE NETWORKS WHICH FORM THE INTERNET MAY MAKE THE SERVICE TEMPORARILY OR PERMANENTLY UNAVAILABLE. YOU AGREE THAT IDC SHALL NOT BE LIABLE FOR DAMAGES INCURRED OR SUMS PAID WHEN INTERNET SERVICES ARE TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES BY, NETWORK(S) OR INTERNET SERVICE PROVIDERS, OR DUE TO ANY MISUSE, ACCIDENT OR ABUSE BY A USER.
Limitation of Liability
IN NO EVENT WILL INFORMED DECISIONS CORP., ITS AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, ITS ADVERTISING AND PROMOTIONAL AGENCIES, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, AND REPRESENTATIVES, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR OR ANYONE ELSE'S ACCESS TO AND USE OF THE INTERNET SITE www.cashnetsmartpay.com OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL FROM THIS SITE, EXCEPT TO THE EXTENT OF PAYMENTS ACTUALLY RECEIVED THROUGH THIS SITE, LESS CHARGEBACKS.
WITHOUT LIMITING THE FOREGOING, IDC'S LIABILITY SHALL BE LIMITED
TO REFUNDING AMOUNTS ACTUALLY RECEIVED BY IT FOR PAYMENT OF STUDENT
CHARGES, HELD BY IT AND NOT YET PAID TO THE SCHOOL,
LESS IDC'S SERVICE CHARGES, AND SUBJECT IN ALL RESPECTS TO THE RIGHTS
OF THE SCHOOL TO SUCH PAYMENTS. IN NO EVENT SHALL
IDC BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL
DAMAGES, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL
THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF IDC HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jurisdiction and Venue
You agree that your use of this site will be governed by California law, and that any legal action (including arbitration) relating to the use of this site will be brought and maintained in Alameda County in the State of California. Users consent to the personal jurisdiction of the courts located in Alameda County.
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