Terms of Use

The Cash Practice Terms of Use Agreement provides the terms and conditions governing the use of CashPractice.com. You agree to use CashPractice.com in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions discussed below, as well as those listed throughout this Website. This agreement is between Cash Practice Inc. and all users. Unless the context requires otherwise, the Website, and/or their assigns shall be referred to as “Website, us, we, or our” and you shall be referred to as “you, your or subscriber.” Subscriber agrees that you are solely responsible to check with your individual state licensing board and state laws pertaining to the content, legality, and implementation of these materials. You acknowledge and agree in advance there is no claim made as to the legality of the content of the materials and that the materials are for informational purposes only. Furthermore, you agree there is no claim made or guarantee as to any results or outcomes from the materials provided to members. Cash Practice Inc has invested a tremendous amount of time, energy and money in the development of CashPractice.com and our systems. By subscribing as a member, you are agreeing that you will never attempt to create or help anyone else create a program/software/web application that does similar functions to CashPractice.com, including but not limited to programs/software/web applications for creating sales contracts, programs/software/web applications for credit card and/or bank eft processing, and/or programs/software/web applications for email delivery, or any combination of said applications. Should you breach this, Cash Practice Inc. will interpret this to be a willful intent to steal our intellectual property and will use all available legal means to stop you. If you have ANY plans to EVER attempt to create this type of software, DO NOT join CashPractice.com. TERMS. You agree:

1. to use our system in a manner that is ethical and in conformity with community standards;
2. to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user);
3. to accept the terms of our Payments policy;
4. to accept the terms of our Merchant Fees policy;
5. to accept the terms of our Cancellation & Refunds policy;
6. to abide by our Anti-Spam Policy by NOT sending out unsolicited junk email;
7. to accept the terms of our Privacy policy;
8. to respect & abide by our License;
9. to respect & abide by our Copyright & Trademarks statement;
10. to abide by our Legal statement; and
11. to accept commercial email, faxes, calls and mail from us.

If we learn of a violation or likely violation of our TERMS OF USE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF USE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances. NO WARRANTIES. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE OF THIS WEBSITE, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANT’S ABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. You agree to indemnify and hold us harmless from any claim resulting from your use of this service which damages you or any person in any way. You understand that the Website, and/or their assigns do not guarantee or predict any type of profit or response from said services. Subscriber irrevocably covenants, promises and agrees to indemnify Cash Practice Inc and/or their assigns and to hold Cash Practice Inc and/or their assigns harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Cash Practice Inc and/or their assigns may sustain or to which Cash Practice Inc and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities. While we take all reasonable precautions to ensure your database is secure and protected. You understand and agree that we are under no obligation to export, extract, retrieve or “massage” your database for you. The only data you are able to export is your client’s demographic information. Due to PCI DSS Regulations, Cash Practice Inc WILL NOT export any client’s credit card or bank account information. If you’re trying to gain access to the client’s billing information and no longer have an active account with Cash Practice Systems, you will have to contact your customers directly to obtain their credit card data. Due to the nature of the technologies and Internet stability, Cash Practice Inc and/or their assigns provides, service interruptions may occur. No full, partial, or prorate refunds will be made as adjustment for any such service interruption. Subscriber hereby acknowledges that changes in the nature of the services which may be offered under this agreement which is beyond the control of Cash Practice Inc and/or their assigns do not constitute grounds for any full or partial refund of any advance fees paid. TERMINATION. We may terminate your account:

• If any credit card drafts authorized under this Agreement, are declined.
• If you violate our Terms Our Use Policy or any of the other policies found on this Website.
• If you breach any term of this agreement.

ASSIGNMENT. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case where someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time. NOTIFICATION OF ACCOUNT CHANGES. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes. GENERAL PROVISIONS. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement, along with any other policies stated on this website, constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is a subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Deleware, before instituting litigation. MISCELLANEOUS TERMS. Our relationship is not one of agency or partnership and neither you nor we shall be deemed to be a partner, employee, fiduciary, agent or representative of the other by your use of the Website. You may not assign or transfer your rights to any third party. The terms and conditions of the Terms of Use are several. In the event that any provision is determined to be unenforceable or invalid, such provision shall still be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. If we fail to enforce any provision of the Terms of Use it shall not constitute a waiver of such provision. The Terms of Use may be modified only by us posting changes to the Terms of Use on the Website. Each time you access the Website, you will be deemed to have accepted any such changes in effect at the time of access. We may assign our rights and obligations under the Terms of Use. This agreement will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of the Terms of Use, or to exercise any right thereunder, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. The Terms of Use, the Additional Terms, the attachments thereto, and the documents incorporated by reference constitute the entire understanding between us regarding your access to, license and use of the Website and our Services, and they supersede any prior agreements, statements or representations with respect to the same.