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Simple Checkout Terms of Service Addendum
In order for You to use Simple Checkout, You must first agree to the terms and conditions herein. This Simple Checkout Terms of Service Addendum (“Simple Checkout Addendum”) is an addendum to Your Authorize.Net Payment Gateway Merchant Services Agreement (“Agreement”). By clicking on the “I AGREE” button, or by using Simple Checkout, You acknowledge and agree that You have reviewed and understand the Simple Checkout terms of service. If You do not agree or are not willing to be bound by this Simple Checkout Addendum, do not click on the “I AGREE” button, and do not seek to obtain or continue using Simple Checkout.
1. Expansion of Services. The term “Authorize.Net Services,” as is defined in the Agreement, shall include Simple Checkout. All terms of the Agreement applicable to the Authorize.Net Services shall be applicable to Simple Checkout.
2. Your Obligations; Usage Guidelines. Your use of the Simple Checkout must comply with usage guidelines included in the Simple Checkout Merchant Interface Online Help Files found within the Merchant Interface. In the event You customize the Simple Checkout button, and such customization results in a third party claim of infringement, You will indemnify Authorize.Net in accordance with Agreement Section 12.
3. Your Warranty. You represent, warrant, and covenant to Authorize.Net that Your use of Simple Checkout and any information gathered by You in connection with Simple Checkout (a) will be fully compliant with all applicable local, state and federal laws, rules, and regulations; (b) will be in accordance with all applicable Simple Checkout usage guidelines; (c) will not be used for any purpose other than in connection with Simple Checkout; and (d) Your customization of the Simple Checkout button will not infringe the intellectual property right of any party.
4. Acknowledgement. You understand, acknowledge, and agree that (a) You will be solely responsible for ALL Transactions processed through Your payment gateway account(s) whether or not You use Simple Checkout; (b) You will be solely responsible for Your use of the Simple Checkout including, without limitation (i) configuring, maintaining and updating the applicable Simple Checkout account settings; and (ii) with respect to each Transaction processed via your payment gateway account(s), determining the appropriate action for each such Transaction (i.e., approve, void, decline, reject); and (c) Authorize.Net shall not be liable under any theory of law, including negligence, for any loss associated with any of the foregoing.
5. AUTHORIZE.NET WARRANTY; LIMITATION OF LIABILITY. . IN ADDITION TO ANY LIMITATIONS OR DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SIMPLE CHECKOUT IS PROVIDED TO YOU BY AUTHORIZE.NET “AS IS” AND THAT AUTHORIZE.NET DOES NOT REPRESENT OR WARRANT THAT SIMPLE CHECKOUT OR ANY OTHER TECHNOLOGY, CONTENT, INTELLECTUAL PROPERTY, OR ANY OTHER INFORMATION, DATA, PRODUCTS, OR SERVICES, WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE, AND THAT YOUR SOLE REMEDY FOR ANY ISSUE RELATED TO OR ARISING FROM SIMPLE CHECKOUT. AUTHORIZE.NET’S LIMITATION OF LIABILITY IS SET FORTH IN AGREEMENT SECTION 11.
6. Risk, Security and Disclosure. The risk and security suggestions provided to You in the Simple Checkout Usage Guidelines are solely for illustrative purposes to show best industry practices, and You shall be solely responsible for choosing the appropriate settings and parameters for Your account.
7. Termination. Authorize.Net may suspend or terminate the Simple Checkout feature at any time. If Your Agreement is terminated or suspended, You shall no longer be to use Simple Checkout. It is Your responsibility to download all reports prior to the effective date of any such termination as such reports will not be available subsequent to the termination date.
8. Legally Binding Instrument. This Simple Checkout Addendum is an addendum to Your Authorize.Net Payment Gateway Merchant Services Agreement. In the event of any inconsistency between the terms of the addendum and the Agreement, the addendum will govern.
9. Amendment; Definitions. All terms and conditions of the Agreement not specifically modified in this Simple Checkout Addendum shall remain unchanged and in full force and effect. Unless separately defined herein, capitalized words used in this Simple Checkout Addendum as defined terms shall have the same meanings herein as in the Agreement.