Last updated: June 21, 2017
- Users and Accounts
Each Site is owned and licensed to you by CashStar for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, publicly display or perform, create derivative works of, or otherwise exploit any part of any Site. You may not save or archive all or a portion of the material appearing in or on a Site. All rights not expressly granted herein are reserved by CashStar.
Each Site and any associated services are not intended for use by anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE A SITE. By accessing, using, and/or submitting information to or through a Site, you represent that you are at least age 13.
You are responsible for providing the equipment and services that you need to access and use a Site. We do not guarantee that a Site will be accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use a Site or any associated service and to block or prevent future access to and use of a Site, in whole or in part, and to delete your account and any related information.
You may need to create and register an account in order to use certain services on a Site. In creating an account, you agree to comply with each of the terms of the CashStar End User License Agreement (the “EULA”). To the extent there is a conflict between the terms of the EULA and these Terms, the EULA will govern.
- Responsible Use of a Site
You agree that you will not, and will not permit others to:
- provide any unauthorized third party with access to a Site or any information, data, text, links, images, software, chat, communications, or other content available through the internet and proprietary to us (collectively, “Content”) by any means;
- modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of a Site;
- engage in any activity that does not comply with any applicable U.S. federal laws or regulations or other state or local laws and regulations, or otherwise engage in any illegal, manipulative or misleading activity through the use of a Site;
- introduce into a Site any code intended to disrupt a Site, alter or delete its Content, access confidential Content or interfere with the operation of a Site, including, but not limited to, distribution of unsolicited advertising or mail messages or propagation of computer worms and viruses;
- post any material in any form whatsoever on a Site that is defamatory, obscene, or otherwise unlawful, or violates any third party’s right of privacy or publicity; or
- infringe any third party’s patent, copyright, service mark, trademark, or other intellectual property right of any kind, or misappropriate the trade secrets of any third party, in connection with your use of a Site.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CASHSTAR AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, VENDORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS, DEMANDS, LIABILITIES, AND/OR SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES AND COSTS), ARISING OUT OF OR RESULTING (OR ALLEGED TO ARISE OR RESULT) FROM YOUR USE OF ANY SITE, OR SUBMISSION OF ANY MATERIAL, IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. YOU AGREE TO COOPERATE AS FULLY AS REASONABLY REQUIRED, INCLUDING MAKING MATERIALS AND/OR PERSONNEL AVAILABLE, IN OUR DEFENSE AND/OR SETTLEMENT OF ANY CLAIM. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO ASSUME EXCLUSIVE CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.
- Mobile Access
If you use a mobile device to access a Site or any associated services, the following additional terms and conditions (“Mobile Terms”) apply. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access a Site or any associated services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and other relevant details. You acknowledge and agree that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use. If you participate in one of our text message programs, you provide your consent to receive text messages from an automated system. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode. YOUR ACCESS TO AND USE OF A SITE OR ASSOCIATED SERVICE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
- Third Party Links
Links to third party websites provided within a Site may allow you to connect to other websites and services that are not under our control. We do not endorse and are not responsible for reviewing the content of such websites and/or services. You access such websites and use such services at your own risk.
- Feedback and Submissions
CashStar is unable to accept unsolicited ideas or submissions. By submitting any material to us through any Site, you expressly grant to us a royalty-free, non-exclusive, fully transferable, assignable, and sub-licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes (including, without limitation, advertising, promotional and marketing purposes), in each case in CashStar’s sole discretion. You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice, or otherwise, the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
We are committed to protecting the security of our users. We always use industry-standard security technologies for our Sites. Please keep in mind, however, that no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit using a Site and you transmit such information at your own risk. We expressly do not assume responsibility or liability for use or disclosure of your information that is the result of unauthorized or illegal access to our systems or those of our vendors or partners.
- Disclaimer of Warranty and Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, CASHSTAR IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, ANY SITE OR ANY ASSOCIATED SERVICES. EXCEPT AS EXPRESSLY OTHERWISE STATED, WE DO NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, AS TO ACCURACY, RELIABILITY, OR AVAILABILITY OF ANY SITE, EACH OF WHICH IS PROVIDED ON AN “AS-IS, WHERE-IS” BASIS. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, WE SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO ALL SERVICES OR CONTENT ACCESSIBLE ON OR THROUGH ANY SITE. WE DO NOT GUARANTEE THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE, THAT A SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF WE ARE AWARE OF THEM. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING A SITE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESS. YOU AGREE TO BRING ANY AND ALL ACTIONS WITHIN ONE (1) YEAR FROM THE DATE OF THE ACCRUAL OF THE CAUSE OF ACTION AND THAT ACTIONS BROUGHT AFTER THAT DATE WILL BE BARRED.
- Copyright and Trademark
CashStar, Velocity B2B, and the CashStar logo each are trademarks or service marks of CashStar Inc. Other referenced trademarks and logos on a Site are owned or licensed by the respective parties.
You may not remove or alter any copyright, trademark, or other proprietary right notice in any Site or associated services. All rights not expressly granted are reserved by CashStar.
- Digital Millennium Copyright Act Policy
This Digital Millennium Copyright Act (“DMCA”) statement constitutes part of the legal terms and conditions governing all users of a Site. In compliance with the DMCA (Title 17, United States Code), we will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. We also reserve the right to remove and disable access to any user-posted material which, in our sole judgment, may be infringing or violating another’s intellectual property right, whether or not we have been notified by the rights holder, or as otherwise permitted by these Terms.
In accordance with the DMCA and other applicable law, we may, in our sole discretion, suspend and/or terminate the account of any registered user, or take measures to block access to a Site by any user, who infringes another’s intellectual property right, whether or not there is repeat infringement.In compliance with the DMCA, the designated agent for CashStar to receive notifications of claimed infringement relating to any Site is the CashStar Legal Department.
If you believe that your copyright has been infringed or violated by any material posted on any Site, please notify our designated agent listed above in writing and including the following minimum information, per Section 512(c) of the DMCA:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition, the complaining party should provide information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address.
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any Site, you may make a counter-notification with our designated agent listed above, provided that such counter-notification must be in writing and provide a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification, together with information reasonably sufficient to permit us to contact the responding party, such as an address, telephone number, and if available, an electronic mail address at which the responding party may be contacted, and a statement that the that the responding party will accept service of process from the complaining party who filed the notice of copyright infringement or an agent of such party.
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
- Geographic Location of Services
- Governing Law
The validity, construction and interpretation of these Terms, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Maine, excluding its choice and conflicts of laws principles, and applicable federal laws of the United States of America. Each party agrees that all claims relating to these Terms or any Site will be heard exclusively by a state or federal court in Maine. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in Maine over any proceeding, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
- Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of each of the Sites and associated services is CashStar Inc., 25 Pearl Street, Portland, ME 04101. To file a complaint regarding a Site or associated services, or to receive further information, send a letter to the above address or contact CashStar via e-mail (with “California Resident Request” as the Subject Line). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
- No Waiver; Severability
The waiver by either party hereto of a breach or default of any provision of these Terms by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have, hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of these Terms is held to be invalid, such invalidity shall not affect the remaining provisions, which shall remain in full force and effect.
These Terms represent the entire agreement of the parties hereto with respect to the subject matter hereof, and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter hereof (including without limitation, earlier versions of these Terms that may have been accepted by you through a Site or otherwise). We reserve the right to modify these Terms at any time. You acknowledge that the most recent version of these Terms will be located on the relevant Site. No other act, document, usage, or custom will be deemed to amend or modify these Terms. Your continued use of a Site or associated services after any modification of these Terms will constitute affirmative acceptance by you of such modification and your affirmative consent to abide by these Terms.
- Contact Us
If you have questions regarding any of these Terms, you can email us at firstname.lastname@example.org, call us at (207) 549-2200, send us a fax at (877) 796-1311, or write to us at CashStar Inc., 25 Pearl Street, Portland, ME 04101, Attention: Marketing.
© 2017 CashStar Inc. All rights reserved.