By accessing or using this web site, you accept the following Terms of Use:
This is a legal agreement (the "Agreement") between you, the user, and (PaymentXP)
located in Orange County, California, United States ("paymentxp.com").
1. RIGHTS, RESPONSIBILITIES. paymentxp.com grants you a non-transferable, non-exclusive
license to access this web site and to view and download information contained at
this web site (collectively, the "Site"), solely for your own personal, non-commercial
use, subject to your ongoing compliance with all terms of this Agreement. You agree
to be responsible for all access of this Site by your equipment or account, whether
by you or others. You are also solely responsible for providing and maintaining
all equipment, software and services needed to access and use the Site. You agree
not to use the Site for any unlawful purpose. You agree not to rent, retransmit,
disclose, publish, sell, assign, lease, sublicense, market, or transfer the Site
or use it in any manner not expressly authorized by this Agreement. You agree not
to copy, reverse engineer, translate, port, modify or make derivative works of the
Site. You agree not to use the Site to operate a service bureau or for any other
use involving the processing of data of other persons or entities. You do not receive
any, and paymentxp.com retain all, ownership rights in the Site.
2. EXCLUSION OF WARRANTY, LIABILITY. The Site is provided to you on an "AS IS" and
"WITH ALL FAULTS" basis. You assume the entire risk of loss in using the Site. Due
to its large size and complexity, the Site may contain inaccuracies, omissions,
errors or other defects. paymentxp.com and its suppliers do not warrant that the
Site will meet your needs or expectations, that the Site will be error free or uninterrupted,
that errors can or will be corrected, that the Site is reliable or timely, or that
any information on the Site will provide any particular results or usefulness. paymentxp.com
and its suppliers reserve the right to make changes and improvements to, or discontinue
the Site or any part thereof. Further, paymentxp.com does not represent that the
Site is appropriate or authorized for use in all countries, states, counties or
other jurisdictions; accordingly, you are responsible for compliance with all applicable
laws in accessing the Site. paymentxp.com reserves the right to list any property
which, in paymentxp.com sole judgment, meets the general requirements of the "bed
& breakfast" customer including some properties that do not serve breakfast, complimentary
or otherwise.
paymentxp.COM AND ITS SUPPLIERS MAKE AND YOU RECEIVE NO WARRANTY, WHETHER EXPRESS
OR IMPLIED, AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY EXCLUDED AND
DISCLAIMED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT,
AND FITNESS FOR ANY PARTICULAR PURPOSE.
IN NO EVENT SHALL paymentxp.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIM
OR LOSS INCURRED BY YOU (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL,
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOST PROFITS, LOST
SALES OR BUSINESS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, LOSS OF ANY GOODWILL,
OR DAMAGES RESULTING FROM LOST, DAMAGED OR MISAPPROPRIATED DATA, INABILITY TO USE
DATA, DELAYS, INTERRUPTIONS, OR COMPUTER VIRUSES), IRRESPECTIVE OF WHETHER paymentxp.COM
OR ITS SUPPLIERS HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE
INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION,
NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY
CLAIMS. IF THE WARRANTY EXCLUSION OR LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT
SHALL FOR ANY REASON WHATSOEVER BE HELD UNENFORCEABLE OR INAPPLICABLE, USER AGREES
THAT paymentxp.COM AND ITS SUPPLIERS' LIABILITY SHALL NOT EXCEED $1 U.S. Some states
do not allow the exclusion or limitation of incidental or consequential damages
or the limitation of duration of an implied warranty, so the limitation or exclusion
herein may not apply to you. This warranty shall not be applicable to the extent
that any provision of this warranty is prohibited by any federal law, or by any
state or local law, which cannot be preempted. This warranty gives you specific
legal rights, and you may also have other rights, which vary from state to state.
3. SUBMITTED INFORMATION. You agree not to submit to the Site any information that
infringes upon or violates the privacy, rights, trademarks, copyrights or other
intellectual property rights of others, anything that is illegal, defamatory, obscene,
harassing, offensive, objectionable or sexually explicit, that encourages a violation
of the law, that contains a virus, that is off-topic, or, without paymentxp.com
permission, that contains any solicitation or advertising. You agree to indemnify
and hold harmless paymentxp.com from any damages and costs, including without limitation
court costs and attorneys' fees, arising from your use of the Site. By submitting
information to the Site, you grant paymentxp.com the royalty-free, perpetual, irrevocable,
non-exclusive right to use, edit, copy, modify, adapt, combine, incorporate, publish,
publicly perform, translate and distribute all or part thereof in any form and for
any purpose whatsoever, and you also permit other users of the Site to use that
information subject to the rules of the Site. paymentxp.com shall have the right,
but not be obligated to, monitor the Site to determine users' compliance with this
Agreement and applicable laws. paymentxp.com shall have the right in its sole discretion
to not publish or remove any submitted information.
4. THIRD PARTY INFORMATION. The Site may contain information submitted by third
parties, including without limitation users and suppliers, and may also contain
links to third party sites. Those third parties are solely responsible for the content,
accuracy and originality of the information they submit. paymentxp.com has no more
control over such third party content than does a public library, newsstand, or
bookstore, and paymentxp.com is not responsible for such third party content. paymentxp.com
do not evaluate or endorse any third party information. It is your responsibility
to evaluate all information provided on the Site, or to obtain specific professional
advice.
5. COPYRIGHT, TRADEMARKS. This Site compilation and all portions authored by paymentxp.com
are Copyright © 1999-2001 PaymentXP, California, United States. All rights reserved.
Those respective third parties own portions of the Site authored by third parties
who have licensed their material to paymentxp.com. You agree not to alter or remove
any copyright notice or proprietary legend at Site.
PaymentXP, Inc. logo is property of PaymentXP, Inc. and could not be used without
permission. Other products or names may be the trademarks of their respective owners.
6. MISCELLANEOUS. This is the exclusive and entire Agreement between paymentxp.com
and you regarding its subject matter. You may not assign any part of this Agreement
without paymentxp.com prior written consent. The internal laws of California shall
govern this Agreement without reference to choice of law principles. paymentxp.com
may terminate or restrict your use of the Site at any time without notice if paymentxp.com
believe you have not fully complied with this Agreement. Further, either party may
terminate this Agreement at any time without cause; upon termination for any reason,
your obligations under this Agreement shall continue, except that you agree to no
longer access or use the Site. You consent to exclusive jurisdiction and venue in
the courts of Orange County, California for all matters arising out of or related
to this Agreement or the Site. You understand that paymentxp.com may comply with
law enforcement requests or subpoenas regarding your use of the Site. paymentxp.com
reserves the right to modify the terms of this Agreement at any time by posting
the new terms on the Site, which modifications shall take place immediately. No
waiver by either party of any breach or default hereunder shall be deemed to be
a waiver of any prior or subsequent breach or default. If any provision of this
Agreement is declared invalid or unenforceable, the remaining provisions of this
Agreement shall remain in effect and the invalid or unenforceable provision shall
be replaced by a valid, enforceable provision that effectuates the intent of the
original provision. paymentxp.com suppliers, licensors, affiliates, subsidiaries,
employees and agents shall be third party beneficiaries of paymentxp.com rights
under this Agreement. All rights not granted expressly by this Agreement are reserved.
7. COMMERCIAL COMPUTER SOFTWARE. All software and data on the Site is a "commercial
item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995) consisting of "commercial
computer software" and "commercial computer documentation," as such terms are used
in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4 (June 1995), all U.S. Governmental users acquire the
information with only those license rights set forth herein. The Site and all portions
are Copyright © 1997-2004 PaymentXP, Inc. UNPUBLISHED. ALL RIGHTS RESERVED UNDER
THE COPYRIGHT LAWS OF THE UNITED STATES.
8. SPECIAL PROVISIONS FROM LICENSORS. All information provided by third party licensors
falls under Section 2 guidelines above and by using those services you agree to
the clauses as found in Section 2. Where warranties differ, a separate disclaimer/license
will appear on the third party licensor supplied pages. Use of those pages constitutes
acceptance of both the Section 2 license above and the third party licensor's disclaimer/license.
9. RESERVATIONS SERVICE. You represent and warrant that you are of legal age to
enter into this Agreement and use the Site pursuant to this Agreement, and that
the information you submit will be true and accurate. You agree to pay for all goods
and services that you, or others using your account, order through the Site, and
to pay any taxes levied on your use of the Site or your transactions on the Site,
except for those based on paymentxp.com annual net income. Additional terms and
conditions may apply to your purchase via the Site of goods and services from third
parties, and you agree to fully comply with those third parties' terms and conditions.
10. PRIVACY POLICY. paymentxp.com understands that the protection and security of
your account information, and any other information that is personally identifiable,
is of utmost importance. Personally identifying information from users is collected
only when the user fills out the registration form, or in other site locations when
users knowingly submit such information to paymentxp.com (for example, when purchasing
goods or services, completing surveys etc.)
We may disclose to third parties certain aggregate information contained in your
registration data or related data, provided that, such information will not include
personally identifying information, except as specifically authorized by you or
in the good faith belief that such action is reasonably necessary to comply with
the law, legal process, or to enforce the Agreement.
paymentxp.com may send you emails regarding special offers available or other useful
information. If you do no wish to receive these emails, you may send us an email
asking not to receive emails.
As do most major web sites, this Site may use cookies. Cookies are information from
the Site that is stored on your hard drive. Cookies save you time because you do
not need to manually reenter the information stored on your hard drive. Cookies
also help paymentxp.com upgrade the Site by showing when and how users utilize the
Site.
Cookies do not by themselves contain any personally identifying information, but
may be combined by paymentxp.com with other personally identifying information already
submitted. Some third parties on the Site (such as advertisers) may send cookies
to your hard drive, and such third party cookies are subject to the policies of
those third parties.
Your web browser in its default mode probably accepts cookies from this Site and
all others. If you wish, you can usually change the setting so that your browser
does not accept cookies. However, the Site may not function correctly.