Res 2006-035 - Laserfiche WebLink

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I 20.15 We may terminate the Electronic Check Service only in the manner and on the same basis as we may early terminate the Agreement. For example, should the ratio of disputed or Reversed POS Transactions compared to overall transactions exceed the Chargeback ratio as provided in the Agreement, we may early terminate either or both this Addendum or the Agreement. Early temiination in accordance with the Agreement may include immediate cessation of POS Transaction processing. 21. Compliance You agree to comply with all applicable laws, rules and regulations, including, without limitation, Federal Reserve Board Regulation E, the Visa Rules and the NACHA Rules. We may from time to time establish reasonable rules, regulations, procedures or guidelines with respect to the Electronic Check Service and the same will be binding on you on the date provided in the notice, which will be at least 15 days after the notice is provided to you. 22. Disclaimer of Warranties/limitation of Liability We make no representations or warranties of any kind, express or implied, with respect to POS Terminal, materials or their use by you, including, but not limited to, warranties of merchantability and fitness for a particular purpose if the POS Terminal or materials have not been supplied by us. We are not liable to you for any special, indirect or consequential damages, including but not limited to lost profits, arising out of or incurred by you in connection with Services, the POS Terminal or their use by you. Our liability relating to a POS Transaction will not exceed the valid amount of the POS Transaction. In no event will the fact that an Authorization is obtained by you be deemed to be our representation or warranty, either express or implied, that the particular POS Transaction is in fact a valid, authorized or undisputed transaction entered into by the Consumer. I 19 I