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MOBILE USERAGREEMENT
THIS USER AGREEMENT ("AGREEMENT") IS AN AGREEMENT BETWEEN YOU("YOU," "YOUR") AND VERIFONE COMMERCE SOLUTIONS, INC. ("VERIFONE,""WE," "OUR" OR "US"). ALL REFERENCES HEREIN TO "YOU" AND "MERCHANT"MEAN BOTH YOU IN YOUR PERSONAL CAPACITY AND YOUR COMPANY OROTHER LEGAL ENTITY ON WHOSE BEHALF YOU ARE EXECUTING THIS AGREEMENT. THIS AGREEMENT (ALONG WITH THE PRIVACY POLICY, SECURITYSTATEMENT, TERMS OF USE FOR USING THE SOFTWARE DESCRIBED BELOW AND E-SIGN CONSENT POLICY AS SET FORTH ON OUR WEBSITE) SETS FORTHTHE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SAIL MOBILEPAYMENT SERVICE (THE "SERVICE"). THIS AGREEMENT INCLUDES PROVISIONSTHAT LIMIT LIABILITY AND GOVERN ANY POTENTIAL LEGAL DISPUTES,INCLUDING CHARGEBACK PROCESSING OF TRANSACTIONS PERFORMEDUSING THE SERVICE. IN ORDER TO USE THE SERVICE, YOU MUST ACCEPT ALLOF THE TERMS OF THIS AGREEMENT. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS. YOU ARE ALSO AGREEING THAT YOUHAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF OURPRIVACY POLICY, SECURITY STATEMENT, TERMS OF USE FOR USING THESOFTWARE DESCRIBED BELOW, AND OUR E-SIGN POLICY.
I. SAIL ACCOUNT REGISTRATION;ACCOUNT INFORMATION.
Prior to using the Service, you must register an account with Sail ("Sail Account"). Our registration process will ask you for certain information including your name and other personal information. You must provide accurate and complete information in responseto our questions. You must also keep the information that you provide up-to-date byinforming us of any changes. If you or any of your users provide us with any informationthat is untrue, inaccurate, not current or incomplete, or we have reasonable grounds tosuspect so, we have the right to suspend or terminate your access (or the access of anyof your users) to the Service and terminate your registration.Both individuals and businesses may register for a Sail Account. In the case of acorporation, limited liability company, or other legally recognized business, you mustprovide accurate and complete information about yourself as well as the business. Youmay only register to use the Service on behalf of a legally recognized business if you areauthorized to act on behalf of the business and have the authority to bind the business to
 
this Agreement. In order to sign up a business to use the Service, you must agree to this Agreement on behalf of yourself as well as the business. If you have so agreed, "you"means you, an individual, as well as the business. We have the right to refuse to register any account.By registering a Sail Account, you confirm that you are either a legal resident of theUnited States, a United States citizen or a business entity authorized to conductbusiness by the state in which it operates.
II. YOUR REPRESENTATIONS ANDWARRANTIES
You represent and warrant to us that: (a) you are at least eighteen (18) years of age; (b)you are eligible to register and use the Service and have the right, power, and ability toenter into and perform under this Agreement; (c) the name identified by you when youregistered is your name or business name under which you sell goods and services; (d)any sales transaction submitted by you will represent a bona fide sale by you; (e) anysales transactions submitted by you will accurately describe the goods and/or servicessold and delivered to a purchaser; (f) you will fulfill all of your obligations to eachcustomer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the purchaser; (g) you and all transactions initiated by you willcomply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations, as well as the payment cardnetwork rules; (h) except in the ordinary course of business, no sales transactionsubmitted by you through the Service will represent a sale to any principal, partner,proprietor, or owner of your entity; and (i) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the useof the Service.
III. REGISTRATION PROCESS.
 As set forth in Section I, above, you have agreed as a condition to using the Service toprovide us with accurate, current and complete information (keeping such information up-to-date), and you are confirming your citizenship and that you will not accept paymenttransactions using the Services from certain businesses as set forth in Section VIII,below. In addition to providing us such information, by registering for the Service, you arewarranting and representing to us that you (including the Company) are engaged in alawful business, have all necessary Federal and state licenses as may be required toconduct such business and you also agree that you shall fully comply with all applicablelaws and regulations in connection with your use of the Service.During the registration process, you are asked to provide the name of the business thatdesires to conduct transactions using the Service. If the business is known by a nameother than its legal name, (otherwise known as the "Doing business as" (DBA) name)and you enter that name during the registration process, such name (as opposed to thelegal name of the business) is the designation that will appear on the cardholder's creditor debit card statement. However, if any transaction dispute results from your failure touse a reasonably descriptive name for your business to ensure that it is readilyidentifiable to a cardholder, you shall indemnify us for any fees and costs stemming fromsuch dispute.
 
IV. APPROVAL PROCESS.
We will review the information that you submit in connection with your request to sign upfor the Service. We may forward such information on to our processor. In order to beeligible to use the Service, you must agree that VeriFone may share information aboutyou and your Sail Account with its processor. After you submit your registration, we mayconclude that you will not be permitted to accept the Service. Further, we mayperiodically obtain additional reports to determine whether you continue to meet therequirements for a Sail Account. You agree that VeriFone is permitted to contact andshare information about you and your application (including whether you are approved or declined), and your Sail Account with your bank or other financial institution. Thisincludes sharing information (a) about your transactions for regulatory or compliancepurposes; (b) for use in connection with the management and maintenance of theService; (c) to create and update your bank's customer records about you and to assist itin better serving you; and (d) to conduct our risk management process.If we approved your registration for a Sail Account, in addition to your obligation to keepall information submitted current, we may request additional information from you at anytime, including, but not limited to, invoices from your suppliers, a government issuedidentification such as a passport or driver's license, or a business license. We may alsoinspect your business location, and request your consent to have your credit reportsreleased to us. We may request, as a condition to our approving your registration, thatyou provide us with previous processing statements, financials, bank statements, and taxfilings. We may also (and you specifically authorize us to) request identity verifyinginformation about you, including a consumer report that contains your name, addressand other personally identifiable information. If you fail to provide us with any informationor documentation we may request, your registration (if previously approved) may beterminated, or we may not grant your registration.
V. SOFTWARE.
The Sail software (the "Software") enables you to access and use the Service. When youinstall the Software, you will be asked to register your mobile device and associate it withyour Sail Account, using credentials that we supplied to you during the registrationprocess. You must install the Software (and any updates as we announce them) beforeyou can access any funds that you accept using the Service. In order to use theSoftware, you must download the Sail Mobile application for the iPhone from the AppStoreSM, Apple's online store or for the Android smartphone from the T-Mobile or AT&Tonline stores (the .Software Application.). The terms and conditions governing your useof the Software are set forth in Section IX below. You agree that so long as you use theService, the Software terms of use shall apply to you.
VI. YOUR MOBILE DEVICE
Your Sail Account, in combination with the Software, permits you to accept payment cardtransactions on the mobile device that you registered with us. Devices modified contraryto the manufacturer's software or hardware guidelines, including but not limited todisabling hardware or software controls-sometimes referred to as "jailbreaking"-are notcompatible mobile devices. You acknowledge that the use of a device to use the Servicethat is modified in a manner contrary to the manufacturer.s guidelines is expressly
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