TERMS FOR PROCESSING GOOGLE PAYMENTS

Google Payment Corporation ("Google Checkout") is a subsidiary of Google and is separately regulated. Google has requested Google Checkout, on behalf of Google and its affiliates (collectively for purposes of these terms, "Google"), to (i) make certain disbursements or debits to your designated bank account of funds owed to you by Google ("Google Provider Payments"), and (ii) make available certain information to you regarding those disbursements and debits. You acknowledge that, in processing these Google Provider Payments, Google Checkout is acting as agent of Google for the sole purpose of providing you certain information and disbursing or debiting payments to your designated bank account on behalf of Google.

RELATION TO CHECKOUT TERMS

Google Checkout may process Google Provider Payments and show those scheduled Google Provider Payments in the account record of a Checkout Account that is used for other purposes, such as purchase transactions. Checkout's Processing of Google Provider Payments is not subject to the Checkout Seller or Buyer Terms of Service, and is subject solely to these Terms.

REQUIREMENTS AND OPERATION OF PROCESSING GOOGLE PROVIDER PAYMENTS

You must have a merchant account with Google Checkout (“Google Checkout Account”) to receive Google Provider Payments. You must register a U.S. bank account and a bank account in each territory where you are paid in the local currency in order to receive payments from Google. Payments from Google to you, and debits from you to Google, will be processed on Google’s behalf by Google Checkout through ACH or other means determined by Google. To receive payments from Google, and pay debits to Google, you agree to provide identifying and financial information regarding your designated bank account to Google and to Google Checkout from time to time. You acknowledge that Google Checkout is acting solely as agent on behalf of Google in the processing of credits and debits and other payments and debits from Google to your designated bank account. Google Checkout may show in your Checkout Account records the amount of funds scheduled for payment by Google to you on a future scheduled payment date. These amounts are shown to you in your Checkout Account record for convenience and informational purposes only. The amounts of Google Provider Payments shown in the Google Checkout Account record are not owned by you and are not owed to, or payable to, you by Google Checkout. These scheduled payments are subject to change and cancellation by Google. No debtor/creditor relationship is established between you and Google Checkout in connection with the payment amounts shown in the Google Checkout Account record. Google Checkout will follow the instructions of Google in arranging for a payment to your designated bank account, or a debit from your designated bank account, in connection with a Google Provider Payment, regardless of the amounts shown in the Google Checkout Account record.

PAYMENT AUTHORIZATION

By agreeing to these terms, you authorize Google and any affiliate of Google that assists in provisions of its services to you to initiate through the ACH network or other means determined by Google, without prior notice to you: (A) credits to your designated bank account to pay funds owed by Google to you, in accordance with Google’s settlement schedule and/or when payments are otherwise due to you under the terms of the Google services in which you participate; and (B) debits from your designated bank account to obtain funds at any time, subject to the conditions in this authorization, to pay for a return, chargeback, reversal, refund (including refunds associated with copyright claims), adjustment or rejection relating to or to correct an error in the calculation or processing of a previous Google Payment made to such bank account. For each settlement period, you authorize Google and Google Checkout to combine and/or net funds owed or payable by Google and Google Checkout to you into a single credit payment to your designated bank account. Similarly, in the event that you owe funds to both Google Checkout and Google during a particular settlement period, you authorize Google and Google Checkout to initiate a single debit to your designated bank account to obtain funds owed to both entities.

Your payment authorization shall remain in effect while you participate in one or more Google services and for a period of one hundred eighty (180) days following termination or cancellation of such participation. You acknowledge that you must contact Google, and not the bank holding your designated bank account, in order to cancel the payment authorization set forth in this section.

DISPUTES

If you have any dispute regarding Google Provider Payments, including the information regarding such payments shown in the Google Checkout Account record, such payments made by Google to your designated bank account, or the debits related to such Payments made by Google from your designated bank account, your sole remedy is to contact Google to investigate and/or resolve the matter.

SECURITY

You are responsible for maintaining the confidentiality of your username/password. You are responsible for all activity regarding the Google Provider Payments by persons that use your username/password, including any consequences of the use or misuse of the username/password. You agree to notify Google Checkout or Google immediately of any unauthorized use of its username/password or any other breach of security regarding its username/password or its Google Checkout Account of which you have knowledge.

DISCLAIMER OF WARRANTIES

THE PROCESSING OF GOOGLE PROVIDER PAYMENTS IS PROVIDED "AS IS" AND WITHOUT WARRANTY. GOOGLE CHECKOUT AND ITS AFFILIATES AND AGENTS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING WITHOUT LIMITATION WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOOGLE CHECKOUT AND ITS AFFILIATES AND AGENTS DO NOT WARRANT THAT THE PROCESSING OF GOOGLE PROVIDER PAYMENTS WILL BE UNINTERRUPTED OR ERROR FREE. GOOGLE CHECKOUT AND ITS AFFILIATES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE PROCESSING OF GOOGLE PROVIDER PAYMENTS.

LIMITATION OF LIABILITY

GOOGLE CHECKOUT (INCLUDING ITS AFFILIATES AND AGENTS) WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, OR PROCUREMENT OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF GOOGLE CHECKOUT OR ITS AFFILIATE OR AGENT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS.

TERMINATION

Google or Google Checkout may terminate the processing of Google Provider Payments at any time and for any reason without prior notice to you. If Google or Google Checkout terminate the processing of Google Provider Payments, Google will contact you regarding alternate payment arrangements. If the processing of Google Provider Payments is terminated by you or your designated bank, you may contact Google to arrange for an alternative payment method.

PRIVACY POLICY

The Google Checkout Privacy Policy, as currently in effect and as may be amended in the future, shall apply to Google Checkout's collection, use and disclosure of certain information regarding you in connection with Google Provider Payments. Please see the Privacy Policy for more information.