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TERMS AND CONDITIONS
GENERAL
CuriousFactory, LLC.("JPOINT") provides payment processing services for Internet Content Providers and Internet Retailers ("Merchants"). Access to Merchants’ services or purchase of goods from a Merchant by Consumers occurs when they remit payment to JPOINT. JPOINT subtracts any applicable fees and/or taxes and communicates the remainder to the Merchant. Access to Merchants’ service is subject to the Consumer’s compliance with certain terms and conditions spelled out in this Agreement as well as the Consumer’s compliance with the Conditions, Terms of Service ("ToS"), Rules of Conduct ("RoC"), and/or the End User License Agreement ("EULA") published by the Merchant whose goods or services the Consumer is ultimately buying. The terms and conditions governing JPOINT processing services appear below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SENDING PAYMENT. BY TRAVERSING THE JPOINT SITE OR REMITTING PAYMENT TO JPOINT, YOU THE CONSUMER AGREE TO BE BOUND BY BOTH THIS MEMBER AGREEMENT AND THAT OF THE MERCHANT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE JPOINT SITE NOR REMIT PAYMENT TO JPOINT.
When you remit payment to JPOINT in response to a quote for service ("Amount Due") for a specific transaction, JPOINT will communicate receipt of your payment to the merchant. Merchants with whom JPOINT has an agreement are obligated to either accept or reject your payment. Upon acceptance, they are obligated to release the goods or services you’ve paid for. If the merchant rejects your payment or if JPOINT cannot get an acknowledgement of the payment, JPOINT will return your payment to you. JPOINT will make a reasonable effort to return your payment to you through the same payment system, method or channel you used to send the payment, in your native currency. Should that prove impractical or impossible, JPOINT may disburse your refund as a check drawn on a U.S. bank, payable in U.S. Dollars ("USD"). If you paid using another currency and your refund is paid in USD, then JPOINT reserves the right to calculate the necessary currency conversion using the XE.com mid-market rate, minus 4% as a currency exchange fee.
Once a payment has been accepted by a merchant, there are no refunds unless the Merchant authorizes that refund and communicates that authorization directly to JPOINT.
In the event you send an overpayment, that is, an amount that exceeds the quoted amount due for a transaction, JPOINT will consider the extra amount paid as a purchase of JPOINT credit. JPOINT credits are NOT CONVERTIBLE back into real currency and are not refundable. Credited JPOINT can ONLY be used for future purchases from the original Merchant whose goods were being bought or sold with that transaction’s payment.
AFFILIATION
JPOINT IS NOT AFFILIATED WITH THE MERCHANTS FOR WHOM IT PROVIDES PAYMENT PROCESSING SERVICES. JPOINT HAS ESTABLISHED A FORMAL AGREEMENT WITH THE MERCHANTS TO ACCEPT PAYMENTS ON THEIR BEHALF AND TO PROVIDE PAYMENT-RELATED CUSTOMER SUPPORT FOR CUSTOMERS PAYING VIA JPOINT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL JPOINT, ITS EMPLOYEES OR CONTRACTORS, OR PROVIDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR INABILITY TO USE ANY SITE OR SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SITE OR SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR ANY FAILURE OF PERFORMANCE.
IF YOU ARE DISSATISFIED WITH JPOINT OR A MERCHANT, OR WITH ANY TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES, OR PRACTICES OF JPOINT IN PROVIDING ACCESS TO A MERCHANT, SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE OR SERVICE AND CEASE SENDING PAYMENTS TO JPOINT.
YOUR OBLIGATIONS AS A CONSUMER
You agree that the information you provide to JPOINT shall be correct with respect to name, address, phone number(s), email address, and financial information, if applicable. You certify that you are 18 years of age or older, or that you are entering this transaction with the approval of a parent or guardian who agrees to be bound by these terms.
Any liability incurred as a result of your actions or your use of a Merchant’s service shall be yours and yours alone. This agreement does not make you an Agent of JPOINT, nor may you represent yourself as such. You agree not to hold JPOINT liable for any exposure or event incurred by you during use of JPOINT.
USER CONDUCT
While using a JPOINT Account or accessing a MERCHANT’s site or service you gained access to via a payment to JPOINT, you may not: (i) restrict or inhibit any other user from using and enjoying: A Merchant’s network or content on their Account, the JPOINT service, and/or the Internet; (ii) transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws; (iii) transmit any information or software which contains a virus or other harmful component; (iv) transmit or in any way exploit any information, software or other material obtained through access to sites or Services made available through JPOINT for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); (v) transmit or distribute in any way information, software or other material obtained through sites or Services made available through JPOINT which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
USE OF THE INTERNET
You understand that, except for information, products or services clearly identified as being supplied by JPOINT, neither JPOINT nor any of the Merchant services JPOINT accepts payments for controls any information, products or services on the Internet in any way and that, except for such JPOINT-identified information, products or services, all merchandise, information and services offered or made available or accessible through the Internet are offered or made available or accessible by third parties who are not affiliated with JPOINT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF JPOINT AND THE INTERNET. JPOINT DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH PROVIDERS ACCESSED USING AN JPOINT ACCOUNT, OR SERVICES OR ON THE INTERNET, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED THROUGH JPOINT, PROVIDERS OR ON THE INTERNET. YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. JPOINT HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS OR YOUR EXPOSURE TO SUCH MATERIALS.
NO SERVICE WARRANTIES
ACCESS TO AN ACCOUNT AND ASSOCIATED SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JPOINT, ITS EMPLOYEES, OR CONTRACTORS, OR PROVIDERS, OR THEIR RESPECTIVE EMPLOYEES, SHALL CREATE A WARRANTY. NEITHER JPOINT NOR PROVIDERS WARRANTS THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SITE OR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRICING
JPOINT reserves the right to change its rates and prices at any time without warning.
If you opt to use a payment method offered by JPOINT where delivery of the payment constitutes a "promise to pay" (such as is the case with a payment by check or direct debit of your checking or savings account, or a payment made via a transaction service allowing payment reversal), and your promised payment does not clear or is uncollectible, is refused or not honored by your bank, or you reverse your payment, your access to Account(s) on Merchants’ services may be suspended immediately. Any charge levied by a bank against your or another bank account as a result of your submitting incorrect, invalid, or fraudulent bank information is your responsibility to pay and JPOINT shall not be held liable for such charges.
You will be liable for all attorney and collection fees arising from efforts to collect any unpaid balance on your account(s) resulting from your failure to honor your promise to pay. If your usage fees for the site or Service are billed to your credit card or your bank checking account and JPOINT is informed by the issuing bank that your account information is invalid or no longer active, your account on a Provider's service may be deactivated immediately. In order to prevent any such deactivation or to reactivate your account, you must contact JPOINT at support@jpointstore.com and provide valid information.
JPOINT reserves the right to charge additional finance fees for late payment at the highest interest rates permitted by law.
In the event a Merchant changes its pricing, pricing plan, or introduces new pricing options, JPOINT reserves the right to cancel any quotes for transactional amounts due that were generated before the aforementioned price change.
FAILURE TO COMPLY
For failure to comply with these Terms and Conditions, JPOINT may suspend your access to JPOINT service immediately and without notice. This termination may be immediate if you engage in any conduct or activities that JPOINT, in its sole discretion, believes are for any improper or illegal purpose or a purpose that, in JPOINT's sole discretion, otherwise may compromise the integrity of JPOINT, an Account, a Merchant, or the Internet, or if you otherwise violate any of the terms and conditions of this Agreement. If JPOINT terminates your Account or denies you access to any site or service for Failure To Comply, you shall have no right (1) to access through JPOINT or any account secured by JPOINT assets or properties any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you from JPOINT, and such credit(s) will be forfeited, (3) to access Providers’ services, merchandise or information on the Internet through JPOINT or an Account owned by JPOINT, and JPOINT shall have no responsibility to notify any such third parties nor any responsibility for any consequences resulting from lack of notification. If your access to a site or Service is terminated by JPOINT for conduct or activities described in this paragraph, you agree that you will not thereafter attempt to register for an Account or a similar site or Service from JPOINT. JPOINT also may collect from you any and all costs it incurs arising out of your engagement in any prohibited activity. JPOINT may make its actions taken under this section publicly known, and you hereby release JPOINT from all claims associated with any such public announcements. Nothing contained in this section shall be construed to limit JPOINT's rights and remedies, and JPOINT hereby reserves all such rights and remedies which may be available to it at law or in equity. You agree to defend, indemnify and hold JPOINT and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of JPOINT sites, Services or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your Account.
MODIFICATIONS TO THESE TERMS AND CONDITIONS
JPOINT may modify this Agreement, the prices, specifications and features of the Service and these Terms and Conditions governing access to Accounts at any time without specific notice to you and without your agreement. Your continued use of your Account, the site or Service following such modification shall be deemed to be your acceptance of any modification. If you do not agree to any modification of this Agreement, you must immediately stop accessing or using your Account and any JPOINT site or Services.
MISCELLANEOUS
JPOINT has no obligation to monitor the Internet or online sites or Services accessed through an JPOINT-secured Account. However, you agree that JPOINT and Merchants have the right to monitor their sites and Services electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate its sites and Services properly, or to protect itself or its subscribers. You understand that JPOINT cannot be held liable for any content one might gain access to or be exposed to, or harm that might result while accessing an Account.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of JPOINT and the remainder of the provisions shall remain in full force and effect. JPOINT’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practices shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the Virginia, in the United States of America, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action is barred. This Agreement constitutes the entire agreement between you and JPOINT with respect to the Service or use of any Account designated for your use.
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