CaribPay.com Terms & Conditions

THIS AGREEMENT ("Agreement") DESCRIBES THE TERMS AND CONDITIONS THAT APPLY TO AND GOVERN YOUR USE OF THE CaribPay.COM WEB SITE (the "CaribPay Site") AND THE SERVICES AVAILABLE THEREON ("CaribPay Services").

By clicking in the box on the CaribPay Site indicating your acceptance of these terms and conditions, you represent that you have read, understood and agreed to this Agreement and are legally bound to the terms and conditions of this Agreement.

As used in this Agreement, the terms "CaribPay", "we", "our" or "us" refer to CaribPay, and the terms "you" and "your" refer to any person or entity who uses the CaribPay Site or CaribPay Services.

We may amend this Agreement, in whole or in part, at any time, by posting the amended terms and conditions on the CaribPay Site. You understand that your continued use of the CaribPay Site or CaribPay Services after a change has been posted constitutes acceptance of the amended terms and conditions. This Agreement was last amended on January 7, 2004.

The CaribPay Prepaid Service(s) consist(s) of an account(s) (the " Member Account(s)") maintained under a collective agreement ("CaribPay Prepaid Program Agreement") at TreasureCom Financial Holdings on behalf of a Member. The Member may establish an Account by registering at www.CaribPay.com or through one of CaribPay approved retail agents and funding his/her account through one of the following methods (a) a prepaid TreasureCard as distributed by TreasureCom Financial Holdings, Inc. (b) ACH Transactions (c) Credit/Debit Card cash advances (d) direct deposit to a Bank of America Account (BOA).

If any provision of the CaribPay Prepaid Program Agreement Terms and Conditions or these disclosures is found to be unenforceable according to its terms, all remaining provisions will continue in full force and effect. The headings in this document are for convenience or reference only and will not govern the interpretation of the provisions. Unless it would be inconsistent to do so, words and phrases used in this document should be construed so that the singular includes the plural and the plural includes the singular.

CARIBPAY MASTER ACCOUNT AND SUB ACCOUNT(S) PROCEDURES

1. REGISTRATION. You are required to register in order to use CaribPay Services. Registration is subject to the terms and conditions set forth in this Agreement. When registering, you must provide us with true, accurate, current and complete information as prompted on the forms on the CaribPay Site and you must maintain and promptly update such accurate and complete information to keep it true, accurate, current and complete. You agree to provide true and complete registration information and to maintain and promptly update your information as applicable. You agree not to impersonate any other person or use a name that you are not authorized to use. If any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, CaribPay has the right to terminate your use of the Service and CaribPay, its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information. You authorize CaribPay, directly or through third parties, to make any inquiries we consider necessary to validate your registration. This may include ordering a credit report and performing other credit checks or verifying the information you provide against third party databases.
2. Opening a CaribPay Member Account(s):
   1. Based on the information you have provided in the registration, enrollment, and/or fulfillment process, CaribPay will open a Member Account(s) and provide the CaribPay Service to you. We reserve the right to (i) accept or decline to accept a request to open a Member Account(s); and (ii) discontinue providing the CaribPay Service at any time.
   2. In connection with opening your CaribPay Member Account(s), you will be issued a master CaribPay Holding Account, and asked to designate a Password that you will use for the purpose of establishing your identity when you sign in to our website. In addition you maybe issued CaribPay sub accounts such as (i) a permanent prepaid telephone long distance calling card account along with a PIN (Personal Identification Number), for placing your long distance telephone calls on CaribPay service provider networks. (ii) an account to enable you to make person to person payments thereby enabling you to send money to a receiver nationally and or internationally on the CaribPay and related partners Payment Network. You are responsible for safeguarding your passwords and PINs and to use such to make inquiries to our customer service staff.
   3. You agree (i) to provide the required information in the registration process that is accurate and complete; (ii) to update your information as necessary so that it remains accurate and complete; and (iii) not to impersonate any other person or Member.
   4. All CaribPay Prepaid funds not transferred to a CaribPay sub account will be kept in TreasureCom Financial Holdings, Inc master account(s) at Bank of America. In this regard TreasureCom Financial Holdings, Inc acts as an agent for its customers at www.CaribPay.com. All interest earned from monies held by TreasureCom Financial Holdings, Inc at Bank of America are interest earned by TreasureCom Financials Holdings and not for its agent members.

   USE OF CARIBPAY ACCOUNT(S) AND SUB ACCOUNT(S):

   1. Once your CaribPay Master Account has been established and funded you may instruct us through the CaribPay site or via our customer service department and or agents to allocate the funds in your CaribPay Master account to your various CaribPay sub accounts.
   2. Upon instruction to initiate a person to person payment transfer you may transfer money from your sub account(s) as (the "Sender") and send a remittance payment transfer to be deposited into a bank account, delivered by courier service and or picked up by a designated recipient (the "Receiver") at a CaribPay or CaribPay Partner Agent location in the Caribbean through the CaribPay.com website (the "Service(s)"). "You" or "Your" may be used to refer to the Sender and/or the Receiver depending on the context in which it is used. Person to Person payments sent to an individual will normally be paid to the Receiver in cash, check or a combination thereof, or in select CaribPay Agent locations, with a CaribPay® prepaid card (which permits the Receiver to withdraw money from select ATMs) subject to currency availability and the conditions applicable to the selected payment location. Person to Person payments are usually available for deposit, delivery or pick up by the Receiver promptly after validation of Your information which may take up to 24 hours, on a "Will Call" basis, at CaribPay Agent locations in the destination country (subject to the hours of operation that the Agent location offers the Service). Certain Person to Person payment transfer services, transfers that exceed certain principal amounts, and/or transfers to certain destinations may take longer or be subject to additional restrictions. Receivers receiving funds in the form of a check, delivery or payout card may incur additional fees to access their funds. The Receiver must present a valid form of identification in accordance with CaribPay policies. Sender and Receiver represent, warrant and certify to CaribPay that its and their use of the Services shall not in any way, directly or indirectly, (a) violate any law, statute, ordinance, contract or regulation, including but not limited to any law, statute, ordinance, contract or regulation relating to money laundering, illegal gambling activities, support for terrorist activities, fraud or theft, and/or (b) violate any of the Terms and Conditions of use. When required by applicable law, money transfers will be reported to federal, state, local or foreign authorities. In addition, CaribPay will cooperate with law enforcement in the prosecution of illegal activities to the fullest extent permitted by applicable law. You agree that the information You provide is not false, inaccurate or misleading. Please contact CaribPay at the customer service telephone number listed below to obtain information regarding the conditions applicable to the Service You have selected or Your expected payment location. Please refer to CaribPay's Online Privacy Statement for information concerning CaribPay's use of this information. It is important to carefully review the information concerning REFUNDS and CURRENCY EXCHANGE. CaribPay may amend these Terms and Conditions at any time by posting the amended terms on the CaribPay website, and all amended terms shall be effective immediately after they are posted to the website.
   3. When you sign in with your valid Username and Password at CaribPay.com, you can obtain information about the balance and transactions of your Account(s) by accessing your online statement on your Account management page of our site. You may access your account statement online at any time, irrespective of your account activity. When you make a transaction against your CaribPay Master Account or sub accounts, your available balance will immediately be reduced by the total amount of your transfer/purchase plus the applicable fee(s). Some transactions, however, may not be posted to the Account management page shown on the CaribPay.com website until the following business day. Certain transactions incur handling charges.
   4. CaribPay reserves the right to set a limit on the maximum dollar amount of debit transactions. Daily transaction limits and minimum available balance requirements may also be imposed as part of internal CaribPay Fraud Loss Control policies.
   5. Loading funds onto a CaribPay Master Account(s) can be done by one of three methods (i) Use of a TreasureCard (ii) ACH transaction request (iii) Credit/debit Card cash advances. All loading of funds to a CaribPay Master Account irrespective of the method of funding must be done through the CaribPay site. A TreasureCard can be obtained at an authorized CaribPay Payment Processors and/or Retail Distributors (collectively the "distributors"); these distributors will sell you prepaid select denominated TreasureCard and may act as agents on your behalf in the transmittal of funds from the prepaid TreasureCard to your CaribPay Master Account.
   6. Funds cannot be loaded directly into any of your sub accounts, (Senvia® Cash Disbursement Service or Telephone Service) without first passing through your CaribPay® Master Account.
   7. When you or someone else make a payment to your CaribPay account that is funded with Instant Transfer or eCheck, and when you or the sender initiate "Bank Account Deposit Funds" transaction you or an Authorized sender are requesting an electronic transfer from your or Authorized sender's bank account. Upon such request, CaribPay will make electronic transfers via the Automated Clearing House (ACH) system from your or Authorized sender's U.S. bank account in the amount you or the Authorized sender specify(es). You or the Authorized sender agree(s) that such requests constitute your or the Authorized Sender's authorization for such transfers. CaribPay will never make transfers from your or Authorized Sender's bank account without your or the Authorized Sender's authorization.
3. CUSTOMER SERVICE. If you discover any errors or have any problems with or related to the CaribPay Site or CaribPay Services, you should first contact CaribPay by email at customerservice@CaribPay.com or call the customer service number provided under contacts here at the site.

LEGAL RELATIONSHIPS

4. THE LEGAL RELATIONSHIP BETWEEN YOU AND CaribPay.

By registering for the Service, you appoint CaribPay as your agent to process transactions on your behalf in accordance with your instructions, subject to the terms and restrictions of this Agreement. CaribPay will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (i) CaribPay is not a bank and the Service is a payment processing service rather than a banking service, and (ii) CaribPay is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

You are not required to keep funds in the CaribPay system (i.e., carry a balance in your CaribPay agency account) in order to use the Service. If you do carry a balance in your CaribPay account CaribPay will pool your funds together with funds from other Users, and will place those funds in accounts at one or more FDIC-insured banks ("Pooled Accounts"). You agree that any earnings on the Pooled Accounts will be the property of CaribPay, and you will not receive interest or other earnings on the funds that CaribPay handles as your agent. By initiating and sending payments through the Service or adding funds to your balance, you appoint CaribPay as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate or to a Pooled Account, subject to the terms and restrictions of this Agreement. CaribPay will obtain the funds first by debiting your funds in the Pooled Accounts. If this is not sufficient to fund your payment fully, CaribPay will obtain the remaining funds p

er your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and CaribPay holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.

By receiving and transferring monies through the Service, you appoint CaribPay as your agent to cause the funds to be transferred/deposited on your behalf in the Pooled Accounts until you further instruct CaribPay with respect to the transmission of your funds. Through the CaribPay website, you may provide instructions to withdraw the funds or transfer the funds to a third party, in each case subject to the terms and restrictions of this Agreement. If you receive a notice that a deposit has been sent to you through CaribPay but you have not registered for the Service, CaribPay will not become your agent and you will have no claim to those funds unless and until you register for the Service and indicate your acceptance of the deposit.

CARIBPAY SERVICE TERMS AND FEE STRUCTURE

5. SERVICE TERMS. By using the CaribPay Services, you agree to the following terms and conditions:
   1. CaribPay expressly reserves the right to refuse to provide CaribPay Services to you, at any time, for any reason deemed necessary to protect CaribPay's interest.
   2. b. You acknowledge that CaribPay's obligation is limited to the faithful and accurate provision of CaribPay Services.
   3. c. Sub Account Fee Structures
   
   
   

   The CaribPay Payment System is a quick and easy way to: Send money to the Caribbean as a person to person payment. Purchase a Gift Certificate voucher from participating merchants in Jamaica. Get a permanent long distance prepaid, rechargeable telephone calling card account. Pay any biller in the USA and Jamaica (Coming in January 2005) through www.GlobalBillPay.com. Send money from Jamaica to any USA bank account (Coming in January 2005). Get a prepaid CaribPay issued MasterCard/Visa Card (Coming in first quarter 2005). Each of the services listed above and provided through your CaribPay Master Account is regarded as a sub account under your CaribPay Master Account. It is not necessary to keep a balance in the CaribPay Master Account. However, before you can withdraw funds into the sub accounts, your CaribPay Master Account must first reflect the amount you want to withdraw, plus applicable transaction fees, prior to executing the service withdrawal transaction.To get a CaribPay account you may sign up at www.CaribPay.com or pick up a registration form at participating authorized TreasureCard retail Agents, complete the form fax it in or call us over the phone to complete the registration. After signing up, a unique CaribPay Master Account ID will be created for you. To access the account you will need the username and password which you provided at time of registration. Once your CaribPay Master Account has been created you are then able to deposit, transfer and withdraw funds against your CaribPay Account. You may deposit funds through one of the following methods (a) online at www.CaribPay.com, (b) by phone in calling our 1-800-940-9633 toll free number, or (c) through our prepaid kiosk at select retail locations. CaribPay Person to Person Payment Deposit Method* Person to Person Transaction Fee TreasureCard. Bank account via the Automated Clearing House (ACH) process. Credit Cards. Direct Deposit to a TreasureCom provided Bank of America (BOA) account. Another CaribPay Master Account Range CaribPay Fee   US$1-US$300 US$6 US$301-US$500 US$8 US$501-US$1000 US$11 US$1,001-US$1,500 US$14 US$1,501-US$2,000 US$19 US$2,001-US$2,500 US$24 US2,501 - US$9,999 US$39 *A 3% cash advance fee is charged to customers loading their CaribPay account with a credit/debit card or 2% cash advance fee is charged to customers loading their CaribPay account via ACH transfer from a US Bank account. US$2 may be charged by Authorized Agents for each TreasureCard purchased. TreasureCards are available in the following denominations US$25, US$50, US$100, US$250, US$500, US$750 & US$1,000. NOTE: A $ 0.5 fee is applied for each transaction regardless of deposit method used. For Deliveries a US$5 fee will be charged for each check CaribPay delivers to the recipient CaribPay Gift Certificate Deposit Method* Gift Certificate Transaction Fee TreasureCard. Bank account via the Automated Clearing House (ACH) process. Credit Cards. Direct Deposit to a TreasureCom provided Bank of America (BOA) account. Another CaribPay Master Account Range CaribPay Fee   US$1-US$300 US$6 *A 3% cash advance fee is charged to customers loading their CaribPay account with a credit/debit card or 2% cash advance fee is charged to customers loading their CaribPay account via ACH transfer from a US Bank account. US$2 may be charged by Authorized Agents for each TreasureCard purchased. TreasureCards are available in the following denominations US$25, US$50, US$100, US$250, US$500, US$750 & US$1,000. NOTE: A $ 0.5 fee is applied for each transaction regardless of deposit method used. For Deliveries a US$5 fee will be charged for each check CaribPay delivers to the recipient CaribPay Telephone Service Deposit Method* Calling Card Account "Reload" Fee TreasureCard. Bank account via the Automated Clearing House (ACH) process. Credit Cards. Direct Deposit to a TreasureCom provided Bank of America (BOA) account. Another CaribPay Master Account $0.50 ** *A 3% cash advance fee is charged to customers loading their CaribPay account with a credit/debit card or 2% cash advance fee is charged to customers loading their CaribPay account via ACH transfer from a US Bank account. US$2 may be charged by Authorized Agents for each TreasureCard purchased. TreasureCards are available in the following denominations US$25, US$50, US$100, US$250, US$500, US$750 & US$1,000. NOTE: A $ 0.5 fee is applied for each transaction regardless of deposit method used. For Deliveries a US$5 fee will be charged for each check CaribPay delivers to the recipient Bill Payment Deposit Method* Bill Payment Transaction Fee TreasureCard. Bank account via the Automated Clearing House (ACH) process. Credit Cards. Direct Deposit to a TreasureCom provided Bank of America (BOA) account. Another CaribPay Master Account Free - Will be available in January 2005 *A 3% cash advance fee is charged to customers loading their CaribPay account with a credit/debit card or 2% cash advance fee is charged to customers loading their CaribPay account via ACH transfer from a US Bank account. US$2 may be charged by Authorized Agents for each TreasureCard purchased. TreasureCards are available in the following denominations US$25, US$50, US$100, US$250, US$500, US$750 & US$1,000. NOTE: A $ 0.5 fee is applied for each transaction regardless of deposit method used. For Deliveries a US$5 fee will be charged for each check CaribPay delivers to the recipient MasterCard/Visa Setup and Reload Deposit Method* Setup, reload and Transaction Fees TreasureCard. Bank account via the Automated Clearing House (ACH) process. Credit Cards. Direct Deposit to a TreasureCom provided Bank of America (BOA) account. Another CaribPay Master Account Will be made available when product is launched *A 3% cash advance fee is charged to customers loading their CaribPay account with a credit/debit card or 2% cash advance fee is charged to customers loading their CaribPay account via ACH transfer from a US Bank account. US$2 may be charged by Authorized Agents for each TreasureCard purchased. TreasureCards are available in the following denominations US$25, US$50, US$100, US$250, US$500, US$750 & US$1,000. NOTE: A $ 0.5 fee is applied for each transaction regardless of deposit method used. For Deliveries a US$5 fee will be charged for each check CaribPay delivers to the recipient

OTHER LEGAL AND MISCELLANEOUS CONDITION

6. PROHIBITED TRANSACTIONS. You agree that you will not use CaribPay to accept payment for illegal products or services, including but not limited to materials that infringe the intellectual property rights of third parties. You will not use the Service, the CaribPay website or any of the services offered therein for any unlawful or fraudulent activity. If CaribPay has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the Service may be suspended or terminated. You will cooperate fully with CaribPay to investigate any suspected unlawful, fraudulent or improper activity, including but not limited to granting authorized CaribPay representatives "guest" or "member" access to any password-protected portions of your website.

   You also agree not to use your CaribPay account to sell securities, business opportunities, franchises, multi-level marketing, or goods with delivery delayed more than 20 days from the date of payment. You agree not to impersonate a CaribPay User or a CaribPay representative, or to request that a CaribPay customer provide you with their password or other information to access their account.

7. Termination or Closing Your Account. You may close your account at any time by clicking the "Close Account" link in your Profile on the CaribPay website. Upon closure of an account, any pending transactions will be cancelled. Any funds that we are holding in custody for you at the time of closure, less any applicable fees, will be paid to you by check, assuming all withdrawal related authentication requirements have been fulfilled (for example, you may not use closure of your account as a means of evading withdrawal limits on new Unverified users. You may not use closure of your account as a means of evading investigation - if an investigation is pending at the time you close your account; CaribPay may continue to hold your funds for up to 180 days as appropriate to protect CaribPay against the risk of reversals. If you are later determined to be entitled to some or all of the funds in dispute, CaribPay will make an additional payment of those funds to you. You will remain liable for all obligations related to your account even after such account is closed. If you do not access your account for a period of three years, it will be terminated. After the date of termination, we will use the information you provided to try to send you any funds that we are holding in custody for you. If that information is not correct, and we are unable to complete the payment to you, your funds will be subject to applicable state laws regarding escheat of unclaimed property.
8. PASSWORD AND SECURITY. You will choose a password and account email login upon registering. You are responsible for maintaining the confidentiality of your password and account email login, and are fully responsible for all activities that occur under your password or account email login. You agree to immediately notify CaribPay of any unauthorized use of your password or account email login or any other breach of security. Notwithstanding anything in this Agreement, CaribPay is not liable for any loss or damage arising from your failure to comply with this section or the section above entitled "Registration." You may not reveal your account password(s) to anyone else, nor may you use anyone else's password. CaribPay is not responsible for losses incurred by Users as the result of their misuse of passwords.
9. DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. Please click here to view CaribPay's On-line Privacy Policy. We may change our Privacy Policy in the future. You should check the Privacy Policy regularly for changes. CaribPay reserves the right to verify any of the information you provide.
10. LAWS AND REGULATIONS. You agree that use of the CaribPay Site and CaribPay Services is subject to all applicable federal, state and local laws and regulations.
11. CaribPay's LIABILITY FOR IMPROPER TRANSACTIONS OR PAYMENTS. CaribPay agrees to make reasonable efforts to ensure full performance of CaribPay Services. CaribPay will be responsible for acting only on those instructions that are properly transmitted through the CaribPay Site and actually received by CaribPay, and cannot assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of such transmissions. CaribPay is not responsible for any losses or delays in transmission of instructions arising out of the use of any Internet access service provider or caused by any browser or other software. CaribPay is not responsible should you provide incorrect information or if your payment instructions are not given sufficiently in advance to allow for timely provision of the CaribPay Services you requested. CaribPay will be responsible for your actual losses (subject to the limitations contained in Sections 10 and 11 of this Agreement) solely if they were directly caused by our failure to complete a transaction as properly requested. However, there are some exceptions, including but not limited to, the following instances in which CaribPay does not accept liability:
1. If any system or equipment was not working properly and you knew or had been advised about the breakdown before you started the transmission;
2. If you do not have sufficient funds available in your bank card account to purchase the CaribPay Services you requested, or if purchasing the CaribPay Services you requested would cause you to exceed any applicable CaribPay Services limit set forth on the CaribPay Site;
3. If circumstances beyond our control (such as, but not limited to, power outages, fire, flood, mechanical, telecommunications or systems failure) prevent the proper provision of CaribPay Services, despite reasonable precautions we have taken;
4. If your transaction or the bank card used to fund your purchase of CaribPay Services is intercepted by legal process or other encumbrances restricting execution of the transaction, or your use the CaribPay Site or CaribPay Services has been terminated or suspended for security purposes;
5. If we are unable to confirm your identity or have reason to believe that the transaction requested is unauthorized; or
6. If you have not provided us with correct, true, current and complete transaction information.
7. If your transaction or the bank card used to fund your purchase of CaribPay Services is used to pay penalties or fines of any kind, damages, losses or any other costs or fees that are beyond the normal price (plus applicable taxes) for the goods or services provided; gambling services, gambling chips or gambling credits (including but not limited to online gambling); cash; goods which will be resold; or illegal business transactions.

The list of examples set out in this section is meant to illustrate circumstances under which we would not be liable for failing to provide CaribPay Services and is not intended to list all of the circumstances in which we would not be liable.

No Cash Advances. You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist Users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone with a credit card-funded payment through the Service, then receiving the funds back from the original Recipient and attempting to withdraw the funds from their account. CaribPay reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.

12. USER ACKNOWLEDGEMENTS. You acknowledge that (i) CaribPay is not a bank; (ii) CaribPay is not insured by any government agency; (iii) neither CaribPay nor the CaribPay Site is subject to banking regulations; and (iv) if you are a CaribPay "Registered Seller," you assume all risks in accepting payments through CaribPay or the CaribPay Site and CaribPay is not responsible for any fees imposed by your financial institution in connection with CaribPay Services.
13. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.OUR LIABILITY, AND THE LIABILITY OF OUR AGENTS, SUPPLIERS, AND SUBCONTRACTORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
14. WARRANTIES. CaribPay PROVIDES THE CaribPay SITE AND CaribPay SERVICES TO YOU "AS IS" AND "AS AVAILABLE." CaribPay AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF OR RELATED TO THE CaribPay SITE OR CaribPay SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF QUALITY, SUITABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATION OR OTHERWISE, AND ANY WARRANTY WITH RESPECT TO THE ABSENCE OF PATENT, COPYRIGHT OR TRADEMARK INFRINGEMENT OR THE LIKE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT YOUR USE OF THE CaribPay SITE AND CaribPay SERVICES IS AT YOUR SOLE RISK.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, CaribPay AND ITS AFFILIATES AND THIRD PARTY SERVICE PROVIDERS (A) ARE NOT PARTIES TO, AND EACH HEREBY DISCLAIMS ALL RESPONSIBILITY FOR, THE UNDERLYING TRANSACTION FOR WHICH CaribPay SERVICES ARE PROVIDED OR REQUESTED THROUGH THE CaribPay SITE; (B) ASSUME NO RESPONSIBILITY FOR THE UNAVAILABILITY OF THE CaribPay SITE OR CaribPay SERVICES, VIRUSES CAUSED BY THIRD PARTIES, ERRORS ON THE CaribPay SITE OR WITH CaribPay SERVICES OR FOR INFORMATION PROVIDED BY THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, CONTENT CONTAINED IN E-MAILS SENT THROUGH THE CaribPay SITE); AND (C) HAVE NO LIABILITY IN CONNECTION WITH ANY UNAUTHORIZED USE OR INTERCEPTION OF DATA RELATING TO YOU, THE CaribPay SITE OR CaribPay SERVICES.

15. INDEMNIFICATION. You shall indemnify, defend and hold harmless CaribPay, and all its officers, directors, owners, agents, employees, affiliates, licensors, licensees and third party service providers (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from (i) your use of the CaribPay Site or CaribPay Services; (ii) your violation of this Agreement; or (iii) in the case of the money orders provided by CaribPay as part of CaribPay Services, complying with your express instructions to CaribPay to stop the payment of a money order. CaribPay reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of CaribPay.
16. COPYRIGHT AND TRADEMARKS. The CaribPay Site and CaribPay Services, the content and all intellectual property pertaining thereto and contained therein (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by CaribPay or third parties, and all right, title and interest therein and thereto shall remain the property of CaribPay and/or such other third parties. The CaribPay Site and CaribPay Services may be used only for the purposes permitted by this Agreement or described on the CaribPay Site. You are authorized solely to view and to retain a copy of the pages of the CaribPay Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the CaribPay Site, CaribPay Services or any portion thereof for any public or commercial use without the express written permission of CaribPay. Except as provided in the following section, you agree not to remove or alter any copyright, trademark or other proprietary notice or legend displayed on the CaribPay Site (or printed pages thereof). The name CaribPay and other names and indicia of ownership of CaribPay's products and/or services referenced on this site are the exclusive marks of CaribPay. Other product, service and company names appearing on the site may be trademarks of their respective owners.
17. LINKS TO OTHER WEB SITES. The CaribPay Site may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by or association with CaribPay or any of its affiliates of any third party resources or their contents. Links do not imply that CaribPay is affiliated or associated with or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of CaribPay or any of its affiliates. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. CaribPay does not represent or endorse the accuracy or reliability of, and expressly disclaims, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk.
18. PLACING A LINK TO THE CaribPay SITE ON YOUR WEB SITE. For purposes of this section, the terms "you" and "your" refer to sellers of merchandise via listings on auction web sites. Without limiting any of our rights as set forth in the preceding section, we grant you a non-exclusive, limited, non-transferable, revocable license to display on your listing on the relevant auction web site ("Auction Listing") one or more of the links to the CaribPay Site made available to you on the CaribPay Site ("Links to CaribPay") solely for the purpose of providing access from your Auction Listing to the CaribPay Site. The Links to CaribPay must be displayed exactly as presented on the CaribPay Site and in a manner that avoids the creation or impression of sponsorship of you, your merchandise or your Auction Listing by CaribPay, or vice versa, or joint ownership of you, your merchandise, your Auction Listing or the CaribPay Site. You may not make any representations, warranties, or other statements about CaribPay, the CaribPay Site or CaribPay Services, without the prior written consent of CaribPay. You may not display the Link to CaribPay on any Auction Listing or auction web site promoting, displaying, or containing advertising concerning illegal, fraudulent, speculative, deceptive, manipulative, gambling, investment, insurance, obscene or offensive activity or use the Link to CaribPay in connection with another stored value program.
19. VIOLATIONS OF RULES AND REGULATIONS. We reserve the right to seek all remedies available at law and in equity for violations of this Agreement.
20. ENTIRE AGREEMENT. This Agreement, together with all other items incorporated herein by reference, embodies the entire agreement and understanding between you and CaribPay and supercedes and terminates all prior agreements or understandings you may have with CaribPay.
21. ASSIGNMENT. We have the right to assign this Agreement to a subsidiary or Affiliate Company, or any third party, at any time without your consent. You may not assign or transfer this Agreement without our prior written consent.
22. SEVERABILITY. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
23. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of Florida as such laws are applied to agreements entered into and to be performed entirely within Florida between Florida residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. We and our agents, suppliers, and subcontractors are not responsible for delays or errors in transactions resulting from other parties. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforceable to the fullest extent possible in accordance with the intent of the Agreement. Headings are for reference purposes only. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire agreement between us with respect to the subject matter hereof.