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TERMS OF USE

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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Copyright © 2000 Informed Decisions CorpTM. All rights reserved. Informed Decisions CorpTM, CASHNet®, CASHNet® SMARTPAY and all related logos and designs are the exclusive trademarks of Informed Decisions CorporationTM.