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EXHIBIT B
The following information has been taken from www.paypal.com and outline PayPal™'s Terms of Use.
THE FOLLOWING ACCOUNT AGREEMENT DESCRIBES THE TERMS AND CONDITIONS IN WHICH CONFINITY, INC. OFFERS YOU ACCESS TO ITS PAYPAL SERVICES. THIS AGREEMENT AFFECTS YOUR RIGHTS AND YOU SHOULD READ IT CAREFULLY. BY CLICKING THE "TERMS OF USE" BOX, YOU ACCEPT THE TERMS AND CONDITIONS SET FORTH BELOW AND ASSERT THAT THE INFORMATION YOU ENTERED IS TRUTHFUL AND CORRECT.
Section 3.1.1 Description of the PayPal service:
PayPal provides a financial platform that facilitates person-to-person financial transactions (“Payments”) for registered customers of PayPal™ (“Users”) in the following ways:
Section 3.1.1.1 Confinity, Inc. (“Confinity”) will transfer a Payment from the PayPal account of a Payment sender (“Sender”) to the PayPal account of a Payment recipient (“Recipient”) (or to an unregistered account if Recipient is not yet a User) upon electronic notification of the transaction. A User may initiate a Payment by (i) using the PayPal web site to make a Payment to a Recipient (“Web Payment”), (ii) using the PayPal software on a hand-held device to make a Payment to a Recipient’s email address (“Email Payment”) or (iii) using the PayPal software to make a Payment to a Recipient’s hand-held device (“Palm Payment”).
Section 3.1.1.2 Recipient will not be able to spend any money received until PayPal receives electronic notification of a Payment and transfers funds to the Recipient.
Section 3.1.1.3 Electronic notification of a Payment occurs (i) immediately when a User initiates a Web Payment, (ii) when the Sender of an Email Payment connects with the PayPal server or (iii) when either the Sender or Recipient of a Palm Payment connects with the PayPal server.
Section 3.1.1.4 Successful transfer of funds occurs (i) immediately upon electronic notification of a Payment, if the Sender’s PayPal account balance is greater than or equal to the amount of a Payment or (ii) when a charge to the Sender’s credit card is accepted during electronic authorization, if the Sender’s PayPal account balance is less than the amount of a Payment and the Sender had elected to fund their account with a credit card.
Section 3.1.1.5 Once a Payment is made it is non-reversible and non-refundable.
Section 3.1.1.6 A User may elect to withdraw all or part of the balance of his or her PayPal account by direct deposit into the User’s bank account or by physical check sent to the User’s street address. Direct deposits to a User’s bank account will only be processed after proper authorization has been received by PayPal. Such authorization will require verification of the User’s email address, bank routing number and bank account number. Physical checks will only be issued upon verification of the User’s email address.
Section 3.1.1.7 Users that elect to pay with a credit card will be limited to $500.00 of credit card charges, until verification of email and street addresses has been completed. Upon verification of both email and street address, the $500.00 limitation will be lifted. Each transaction will be limited to a maximum of $2,000.00. Each User will be limited to a maximum of $5,000.00 of credit card charges within a 180-day period.
Section 3.1.1.8 The minimum transaction amount for payments between Users is $0.01.
Section 3.1.1.9 A User may add funds to a PayPal account by requesting an electronic debit to the User’s bank account or by mailing a physical check to Confinity at its corporate offices. Payments received by Confinity in the form of electronic debits or checks must clear before funds are made available to the User. Returned debits and returned checks will be subject to a $15.00 fee.
Section 3.1.2 Responsibilities of Users
In order to become a User of PayPal you must register online. You must also read and agree to the terms and conditions of this agreement, including:
Section 3.1.2.1 You must provide Confinity with valid and accurate information. You must be a resident of the United States and be at least 18 years of age. You will not open more than one PayPal account. Confinity reserves the right to terminate duplicate accounts or any account containing untruthful information.
Section 3.1.2.2 If you provide credit card information, you agree that we may charge your credit card for all Payments initiated by you for amounts above your then-current PayPal account balance.
Section 3.1.2.3 If you do not provide credit card information, you agree that you will not attempt to initiate any Payment for amounts above your then-current PayPal balance. If you breach the terms of this paragraph, Confinity reserves the right to reject your Payment and you will be solely responsible for the consequences of this rejection.
Section 3.1.2.4 If you request an electronic debit from or direct deposit to your bank account, you will provide an initial authorization in accordance with our instructions. After an initial authorization is received, you agree that we may access your bank account at any time you instruct us to make a transfer to or from your bank account.
Section 3.1.2.5 You agree not to engage in behavior that could reasonably be construed as providing yourself a cash advance from your credit card, and agree not to assist users who engage in behavior that could reasonably be construed as providing themselves a cash advance from their credit cards. Such behavior includes, but is not limited to, a User paying someone by charging a credit card, then receiving the funds back from the original Recipient and attempting to withdraw the funds from a PayPal account. Confinity reserves the right to reverse all such transactions and to terminate any accounts that are associated with such behavior.
Section 3.1.2.6 You agree not to use unsolicited email, usenet, message board postings, or similar methods of mass messaging (spam) to gather referral bonuses. The use of spam to promote the PayPal service has strict negative consequences. We will immediately and permanently terminate the account of any user who has used unsolicited email to gain referrals. In addition, you may be subject to state and federal penalties and other legal consequences under applicable law if you send unsolicited email. Our Anti-Spam Policy is intended to protect our users, the Internet, and us.
Section 3.1.2.7 You are responsible for confirming the identity of the other party in a payment.
Section 3.1.2.8 You consent to have your name and email address made available as identification to anyone whom you have paid or who has paid you through PayPal.
Section 3.1.2.9 In the event of the loss or malfunction of your handheld device, payments made since your last connection to the PayPal™ server may be lost, and Confinity disclaims all liability for such loss.
Section 3.1.2.10 If you are a Recipient, you assume all risks in accepting payments from Senders. Payments received from a Sender may be rejected if the Sender’s account cannot adequately meet the amount of the Payment by using an existing balance or a valid credit card.
Section 3.1.2.11 You are fully responsible for any goods bought or sold or any services provided by or to another User and settled through the PayPal™ system. You agree that a payment received from or paid to another user is final and not reversible. Any disputes that arise between Users relating to payments made or any other transactions between individuals are not the responsibility of Confinity.
Section 3.1.2.12 If you are a Sender, you agree that all payments initiated by you in which charges are made to your credit card are final and not reversible. You agree that you will not charge back any amounts previously charged to your credit card by Confinity. If you charge back a credit card charge for a payment initiated by you, you agree that Confinity may recover the amount of the charge-back by either reducing your PayPal™ account balance or re-charging your credit card for the amount of the charge-back.
Section 3.1.2.13 If you are a Recipient and a Sender charges back any amount relating to a payment made to a Recipient, Confinity may, at its option, elect to recover any portion of the amount charged back by either reducing your PayPal™ account balance or charging your credit card.
Section 3.1.2.14 If you initiate a charge-back of a previous credit card charge, your PayPal™ account may be terminated.
Section 3.1.2.15 If you request that PayPal™ transfer money to or from your bank account, you will provide Confinity with an authorization to access your bank account in accordance with our instructions.
Section 3.1.2.16 You acknowledge that (i) the PayPal™ service and Confinity are not a bank (ii) PayPal™ accounts are not insured by any government agency, (iii) the PayPal™ service and Confinity are not subject to banking regulations and (iv) Confinity will invest in liquid assets and that interest earned on those assets will be the property of Confinity.
Section 3.1.2.17 You acknowledge that PayPal is not an escrow service, and understand that Confinity does not make any guarantees regarding purchases made when using the PayPal service. You acknowledge that Confinity does not ensure the quality, safety, or legality of the merchandise received, nor that the seller will even ship the merchandise.
Section 3.1.2.18 If you do not access your PayPal™ account for a period of five years, it will be terminated. After the date of termination, you will have 90 days to redeem your PayPal™ account balance, after which it will be subject to applicable state laws regarding escheat of unclaimed property.
Section 3.1.2.19 You may not divulge your password to anyone else, nor may you use anyone else’s password. Confinity is not responsible for losses incurred by Users as the result of misuse of passwords.
Section 3.1.2.20 If you use, or attempt to use the PayPal™ service for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of PayPal™, your PayPal™ account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.
Section 3.1.2.21 You agree to indemnify and hold Confinity, its affiliates, officers, directors and employees harmless from any claim or demand whatsoever relating to or arising out of the PayPal™ service.
Section 3.1.2.22 This Account Agreement is governed by the laws of the state of California as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Section 3.1.3 Responsibilities of Confinity, Inc.
Section 3.1.3.1 Confinity reserves the right to verify any of the information you provide.
Section 3.1.3.2 Confinity shall make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts and check issuances are processed in a timely manner. However, a number of factors, several of which are outside of our control, will contribute to when the funds are received. We make no representations or warranties regarding the amount of time needed to complete processing, such as delays in the banking system or the U.S. mail service, nor shall we be liable for any actual or consequential damages arising from any claim of delay.
Section 3.1.3.3 Confinity shall not be responsible for payments made to unintended Recipients due to the input of incorrect information by Senders, nor shall we be responsible for the verification of the identity of Users.
Section 3.1.3.4 Confinity shall not be responsible for any information lost due to malfunction or loss of a handheld device.
Section 3.1.3.5 Confinity shall not be liable for any damages of any kind arising out of or in connection with this account agreement, the PayPal web site, or PayPal service.
Section 3.1.3.6 Confinity shall not be obligated to pay User for any Payments for which Confinity has not been fully paid by the Sender's credit card issuer.
Section 3.1.3.7 Confinity reserves the right to hold funds beyond the normal distribution periods for transactions it deems suspicious.
Section 3.1.3.8 Confinity, in its sole discretion, may terminate this Agreement, access to its web site, or access to the service without notice for any reason and at any time.
Section 3.1.3.9 Confinity retains all right, title, and interest in and to trademarks. Users shall only use PayPal trademarks with the express permission of Confinity, Inc. Users shall not use the trademarks in any manner that is disparaging to PayPal. Under no circumstances may a User alter, modify, or change Confinity's trademarks.
This Agreement is subject to change at any time without notice.