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delinquency charges,chargebacks or rejected and reassigned warranty limited license,uncoupled with any right or in` ` ` `'
<br /> Items,Subscriber shall immediately reimburse TeleCheck or its affiliates TELECHECK and the TELECHECK logo servicE 6.1.D. - Page 55
<br /> upon demand,or atTeleCheck's option,TeleCheck may offset or recoup Subscribers who are receiving ECA Warranty Services,tne i t�t�nt�n
<br /> such amounts against any amounts due Subscriber under this Agreement ELECTRONIC CHECK ACCEPTANCE and ECA service marks(collectively,
<br /> or any other agreement between Subscriber and TeleCheck or its affiliates. the"TeleCheck Marks")as follows.Subscriber may use and display decals,
<br /> A delinquency charge of 1-1/2%per month or the highest amount identification data and other materials provided by TeleCheck during the
<br /> permitted by law,whichever is lower,shall be added to the outstanding term of this Agreement at Subscriber's location solely in connection with
<br /> balance of any account over 15 days delinquent.TeleCheck shall have the the offering of TeleCheck services as authorized under this Agreement.
<br /> right to suspend all services and obligations to Subscriber,including the Subscriber shall not permit any persons other than its own officers or
<br /> payment of all warranties due and all transactions previously authorized, employees at Subscriber's locations to use the TeleCheck Subscriber
<br /> during any period in which Subscriber's account is delinquent.Subscriber number assigned byTeleCheck.Subscriber agrees that upon termination
<br /> agrees to pay toTeleCheck a fee of$25.00 or the highest amount permitted of this Agreement it will,at its own expense,either return or destroy all
<br /> by law,whichever is lower,for any Returned Payment.Subscriber shall TeleCheck materials(including the prompt removal of anyTeleCheck
<br /> also be responsible for paying for all of the point of sale supplies related decals,electronic files,logos or other materials or references to TeleCheck
<br /> to the TeleCheck services(i.e.,paper and ink for terminals,rubber stamps, that are displayed to the public,including those affixed to equipment,
<br /> if applicable). doors or windows).The monthly fees payable by Subscriber will apply for
<br /> 1.8. Security Interest. To secure Subscriber's obligations toTeleCheck all months or fractions of a month that any materials orTeleCheck-owned
<br /> and its affiliates under this Agreement and any other agreement(including equipment remain in use.Subscriber shall not create any print,electronic
<br /> any check or credit card processing services),Subscriber grants toTeleCheck or Internet-based materials including but not limited to any advertising or
<br /> a lien and security interest in and to any of Subscriber's funds pertaining promotional materials using anyTeleCheck Marks without the prior written
<br /> to the transactions contemplated by this Agreement now or hereafter in consent of TeleCheck.Subscriber acknowledges TeleCheck International,
<br /> the possession ofTeleCheck or its affiliates,whether now or hereafter due Inc:s ownership of the TeleCheck Marks and will not contest the validity of
<br /> or to become due to Subscriber from TeleCheck.Any such funds may be the marks or the ownership thereof.Subscriber further agrees to refrain
<br /> commingled with other funds of TeleCheck,or,in the case of any funds from performing any acts that might discredit,disparage,dilute,infringe
<br /> held in a reserve account,with any other funds of other subscribers of or negatively affect the value of the TeleCheck Marks or constitute unfair
<br /> TeleCheck.In addition to any rights now or hereafter granted under competition to TeleCheck orTeleCheck International,Inc.Subscriber
<br /> applicable law and not by way of limitation of any such rights,TeleCheck agrees promptly to bring to TeleCheck's attention any unauthorized use of
<br /> is hereby authorized by Subscriber at any time and from time to time, the TeleCheck Marks by third parties of which Subscriber becomes aware.
<br /> without notice or demand to Subscriber or to any other person(any such Subscriber shall use the TeleCheck Marks pursuant to any guidelines
<br /> notice and demand being hereby expressly waived),to set off,recoup and provided by TeleCheck,as may be amended from time to time.The
<br /> to appropriate and to apply any and all such funds against and on following shall appear at least once on every piece of advertising or
<br /> account of Subscriber's obligations to TeleCheck and its affiliates under promotional material created by Subscriber which uses the TeleCheck
<br /> this Agreement and any other agreement,including,without limitation, Marks and has received prior written approval from TeleCheck:"The
<br /> fees for any other services(including any check or credit card processing ("Applicable Mark")trademark is owned byTeleCheck International,Inc.
<br /> services),whether such obligations are liquidated,unliquidated,fixed, and is licensed for use by("Subscriber Name")':
<br /> contingent,matured or unmatured.Subscriber agrees to duly execute and 1.13. Use of Information. Subscriber agrees that:(a)any data and other
<br /> deliver to TeleCheck such instruments and documents as TeleCheck may information relating to an Item or Consumer obtained byTeleCheck in
<br /> reasonably request to perfect and confirm the lien,security interest,right connection with any service provided hereunder(including any electronic
<br /> of set off,recoupment and subordination set forth in this Agreement.
<br /> or other image of all or any portion of any check or driver's license or
<br /> 1.9. Point of Sale Notices;Return Item Fees. Subscriber agrees to other identification)shall be owned byTeleCheck,with all right,title,and
<br /> follow procedures and post and provide at TeleCheck's direction any interest thereto;(b)TeleCheck may use any credit information provided to
<br /> notices(induding any updates to such notices)which in TeleCheck's a TeleCheck affiliate forTeleCheck's credit review;and(c)TeleCheck may
<br /> opinion may be required forTeleCheck to process the Item and/or the provide or receive any experiential information regarding Subscriber or
<br /> Return Item Fee,as an electronic funds transfer,draft or otherwise.Sub- Subscriber's customers to or from anyTeleCheck affiliate.
<br /> scriber also agrees to assess a Return Item Fee on all Return Items,and
<br /> thatTeleCheck shall be entitled to collect and retain the Return Item Fee 1.14. TeleCheck Operational Procedures. Subscriber shall strictly
<br /> from Consumer. follow all TeleCheck Operational Procedures provided to Subscriber,as
<br /> 1.10. TeleCheck Approval Code. Subscriber acknowledges that may be amended from time to time by TeleCheck,in its discretion.
<br /> TeleCheckwill use its internal and proprietary risk management systems 1.15. Limitation of Liability. In no event shall eitherTeleCheckor
<br /> to evaluate the risk associated with any particular Item and to assist in its Subscriber be liable to the other party,or to any other person or entity,
<br /> decision whether or not to issue a TeleCheck Approval Code.The decision under this Agreement,or otherwise,for any punitive,exemplary,special,
<br /> to issue a TeleCheck Approval Code shall be within the discretion of incidental,indirect or consequential damages,including,without
<br /> TeleCheck. limitation,any loss or injury to earnings,profits or goodwill,regardless of
<br /> 1.11. Credit Law Compliance. Subscriber certifies that:(a)Subscriber Whether such damages were foreseeable or whether such party has been
<br /> has a legitimate business need,in connection with a business transaction advised of the possibility of such damages.NOTWITHSTANDING ANYTHING
<br /> initiated by Consumer,for the information provided byTeleCheck under TOTHE CONTRARY CONTAINED INTHIS AGREEMENT,IN NO EVENT SHALL
<br /> this TeleCheck Agreement regarding such Consumer;and(b)the TELECHECK'S LIABILITY UNDER THIS AGREEMENT FOR ALL CLAIMS ARISING
<br /> information provided byTeleCheck shall only be used for permissible UNDER,OR RELATEDTO,THIS AGREEMENT EXCEED,INTHE AGGREGATE
<br /> purposes as defined in the Fair Credit Reporting Act,and applicable state (INCLUSIVE OF ANY AND ALL CLAIMS MADE BY SUBSCRIBER AGAINST
<br /> and federal laws,with the exception that the information shall not be TELECHECK,WHETHER RELATED OR UNRELATED),THE LESSER OF:(A)THE
<br /> used for employment purposes,and shall not be used by Subscriber for TOTAL AMOUNT OF FEES PAID TO TELECHECK BY SUBSCRIBER PURSUANT
<br /> any purpose other than a single business transaction between Consumer TO THIS AGREEMENT DURING THE 12 MONTH PERIOD IMMEDIATELY PRE-
<br /> and you occurring on the date of the inquiry call to TeleCheck.Neither CEDING THE DATE THE EVENT GIVING RISE TO SUCH CLAIMS OCCURRED;
<br /> Subscriber,nor Subscriber's agents or employees,shall disclose the results OR(B)$75,000.00.
<br /> of any inquiry made to TeleCheck except to Consumer about whom such 1.16. DISCLAIMER.EXCEPT AS EXPRESSLY SET FORTH HEREIN,
<br /> inquiry is made and in no case to any other person outside Subscriber's TELECHECK MAKES NO REPRESENTATION OR WARRANTY,EXPRE55
<br /> organization.If Subscriber decides to reject any transaction,in whole or in OR IMPLIED,AND NO IMPLIED AT LAW WARRANTY SHALL ARISE
<br /> part,because of information obtained from TeleCheck,Subscriber agrees FROM THIS TELECHECK AGREEMENT OR FROM PERFORMANCE BY
<br /> to provide Consumer with all information required by law and TeleCheck. TELECHECK,INCLUDING,WITHOUT LIMITATION,WARRANTIES OF
<br /> 1.12. Use of TeleCheck Materials and Marks. Pursuant to authorization MERCHANTABILITY OR FITNE55 FOR A PARTICULAR USE,ALL OF
<br /> granted to TeleCheck by TeleCheck International,Inc.,the owner of the WHICH ARE EXPRESSLY WAIVED BY SUBSCRIBER.All decisions to reject
<br /> trademarks referenced in this section,TeleCheck grants to Subscriber,and any Item,driver's license or other form of identification or payment for
<br /> Subscriber accepts,a nonexclusive,nonassignable and nontransferable Subscriber's products or services are solely subscriber's responsibility.
<br /> WFB1301 47
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