Refund Policy

PayHon is committed to ensuring satisfaction for all customers who purchase its products. As the leading retailer of digital products, PayHon relies on its Return Policy to help ensure this satisfaction.

PayHon's Return Policy
Our return policy for all PayHon products is as follows: PayHon will, at its discretion, allow for the return or replacement of any product within 60 days from the date of purchase. For recurring billing products, returns for more than one payment may be provided if requested within the standard 60 day return period.

Defining Returns and Cancellations
When a customer reaches us by phone or email, our first response is to assist in getting technical support or customer service for the customer for the product that they purchased. However, in some cases a product may be unsatisfactory to the customer for reasons completely beyond our control, in which case a return or a cancellation may be processed. If a customer requests a return, the money for the requested transaction is refunded back to the customer. If the return is for a recurring billing product, then the return policy allows for the most recent payment to be returned. Multiple payment returns can be provided as long as they are within PayHon's Return Policy. A return on a recurring billing product will also result in a cancellation. If customers request a cancellation for their recurring billing product, no future rebills will be charged to their account. Cancellation will not generate a return - it will only stop any future rebills.

Details of PayHon's Return Policy
Customers requesting a return after 60 days will be directed to the vendor for technical support or customer service. Vendors may request a return, on behalf of customers, of any purchase up to 120 days after the date of the PayHon customer's purchase. Returns will only be credited back to the account used to make the original purchase. If the original account has been closed, the purchase is not eligible for return. When a sale is returned, the customer receives a 100% refund. Payouts from that sale are debited back out of the corresponding vendor and affiliate accounts. Our vendors are not permitted to make any guarantee that conflicts with our return policy. If you find a product sold through PayHon with any warranty that conflicts with our return policy, please bring it to our attention so that we can take corrective action.

Reasons Why a Sale May Be Refunded
PayHon has every incentive to keep customers happy by providing quality products and service. To ensure customer satisfaction, PayHon reserves the right to reverse a sale, including but not limited to the following: If the customer provides a valid reason for requesting a return within 60 days of purchase; If the customer provides a valid report that the charge was fraudulent or unauthorized; In order to comply with credit card industry rules, ACH industry rules, PayPal terms of service, U.S. law, and requests from verified US judiciary or law enforcement agents; or For any other reason PayHon deems appropriate.

PayHon's Cancellation Policy
The customer may cancel a recurring billing subscription products at any time. A cancellation means that no future rebills are charged to the customer's account. The cancellation of a recurring billing product does not generate a refund.

Abuse of the Return Policy
Customers requesting serial or repeated returns may be blocked from making further purchases.

Note to PayHon Clients
This Return Policy is part of, and incorporated within, the PayHon Client Contract. As a condition of registering with PayHon and using the PayHon Services, you expressly acknowledge that you have read and understood this Return Policy and you agree to be bound by the terms and conditions contained within. If at any time you disagree with this Return and Policy or any part of it, your sole remedy is to cease all use of the PayHon Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this Return Policy.

PayHon Universal Terms of Service for PayHon Services

This Universal Terms of Service for PayHon Services Agreement ("Agreement") is by and between PayHon, Inc. ("PayHon") a/an Illinois corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of PayHon services ("Services") and explains PayHon's obligations to You and Your obligations to PayHon in relation to the Services You purchase.

This Agreement as well as any additional PayHon policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and PayHon concerning Your use of PayHon's Services, and supersede and govern all prior proposals, agreements, or other communications. All PayHon policies and agreements specific to particular Service are incorporated herein and made part of this Agreement by reference. By purchasing PayHon's Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which PayHon may establish from time to time, and any agreements that PayHon is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with PayHon, whether or not the transactions were in Your behalf.

Subject to the terms and conditions of this Agreement, PayHon hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use PayHon's proprietary online platform, including without limitation the website made available at www.PayHon.com, and any servers, computers or networks used to provide such website (the "PayHon Services") for the following limited purposes, if and as applicable, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH PayHon MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE. In the event you transfer your account or ownership of any product, any purchasers or assignees are bound by the terms of this Agreement. In addition to any other rights or remedies afforded PayHon under or otherwise in connection with this Contract, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:

1. Products Requirements Policy
2. Refund Policy
3. Privacy Policy
4. Legal Notice

1. PROMOTING PRODUCTS.
If You promote, market or otherwise advertise (" Promote" or a " Promotion") any product which is registered for sale via the PayHon Services, either by You or by another PayHon client (each a " Product"), whether via the PayHon Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (" Commissions"), You agree, acknowledge, represent and warrant that:

1. You will not suggest or imply any warranty or other policy with respect to any Products other than PayHon's Refund policy without the prior written consent of PayHon, which PayHon may withhold in its sole discretion for any reason.
2. You will not make any unlicensed or unauthorized use of or otherwise infringe or misappropriate any materials protected by any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right ("IP Rights").
3. You will not interfere with PayHon's tracking of Commissions, or with the normal flow of traffic to, through, or from the PayHon Services.
4. All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country's laws and all U.S. federal and state laws, policies and guidelines governing advertising, disclosure and consumer protection.
5. You will not offer, suggest or imply the availability of any rebates, coupons, tickets, vouchers or similar incentives to induce or encourage the purchase of a Product.
6. PayHon reserves the right, but not the obligation, to review your Promotions. You agree that PayHon, in its sole discretion and at any time, may demand changes to product promotion and delivery pages, customer support or other items related to the content of Your Promotions.
7. You will provide valid contact information, including but not limited to a working email address and phone number, where PayHon can send inquiries and receive a non-automated reply by end of the following business day.
8. PayHon does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the "Vendor Spotlight." Your use of any information presented by a Vendor is voluntary, and your reliance is at your own risk. PayHon does not independently review or verify information that Vendors submit to the Vendor Spotlight for accuracy, completeness, efficacy or timeliness. You acknowledge and understand that PayHon does not verify statements, claims, incentives or promotions made by Vendors in the "Vendor Spotlight."

2. SELLING PRODUCTS.
If You register any Products for sale via the PayHon Services, You agree, acknowledge, represent and warrant that:

1. All Products You register for sale via the PayHon Services, and the offering and sale thereof via the PayHon Services, comply with all of Your country's laws and all applicable U.S. federal and state laws and regulations.
2. The Product does not involve the downloading of software on a Purchaser's computer unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and obtain express consent prior to any such downloads.
3. Without further conditions or limitations, You authorize PayHon to list any Product You register for sale via the PayHon Services in the online, searchable marketplace of Products made available via the PayHon Services (the "PayHon Marketplace"); and make it available for sale to Purchasers and/or for Affiliates to Promote at the price designated by PayHon ("Retail Price") after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
4. PayHon may delist any Product from the PayHon Marketplace and/or the PayHon Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
5. You will provide valid email addresses to which Purchasers or PayHon can send inquiries and receive a reply by end of the following business day. Purchasers and PayHon must also be able to receive a non-automated response within one business day, when necessary.
6. You will advise PayHon of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or relation to such Product You receive from any person, company or entity who purchased such Product or received a Promotion in connection with such Product within two business days of Your receipt of such complaint. You shall assist PayHon, at Your sole cost and expense, in taking any steps and actions, as necessary and appropriate, or as reasonably requested by PayHon to respond to and/or resolve such complaints.
7. For any retail transaction involving a physical product, PayHon will collect and remit state or local transfer taxes (including but not limited to sales or use tax) where it is legally required to do so. Where PayHon does not collect and remit state or local transfer taxes on a transaction, it is possible that you will have the legal obligation to pay such taxes. Under the laws of a state, such obligation may arise as a result of: (1) your existing or past physical contacts with that state; and (2) your provision of a "drop ship" delivery of the physical product to a buyer located in that state. You may wish to consult a tax professional to determine if you will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, you will be solely responsible for the timely payment of such tax. You further agree that if such an obligation arises, and you do not timely pay such tax, you will be solely responsible for any resulting tax, interest and penalties.
8. If you use the Vendor Spotlight platform provided by PayHon to communicate with affiliates about your products, you agree that all statements, opinions, announcements or messages communicated by you via the Vendor Spotlight constitute Promotions under this Agreement and are subject to all of the applicable terms, conditions, restrictions and obligations thereto. Additionally, and without limiting any other restriction contained herein, you will not use the Vendor Spotlight to: (i) make any false or deceptive statement or claim regarding your Product or sales of your Product; (ii) offer any promotions or incentives to Affiliates unless you intend to fulfill such promotions or incentives; (iii) offer any promotions or incentives to Affiliates unless you affirmatively state that they are offered only by you and not by PayHon; or (iv) suggest in any way, whether express or implied, that your Product(s) are endorsed, approved or sponsored by PayHon in any way. PayHon reserves the right to suspend your ability to use the Vendor Spotlight at any time. You agree that your indemnification obligations under Section 11 below apply to any use by you of the Vendor Spotlight.

3. SENDING EMAILS.
If You send, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the PayHon Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (" CAN-SPAM Act") and the Children's Online Privacy Protection Act of 2000 (" COPPA"). (Information on these laws can be found at http://www.ftc.gov/spam and http://www.ftc.gov/coppa). Without limiting the generality of the foregoing, You shall not directly or indirectly:

1. Send, initiate or procure the sending of an Email to any Person who has either not explicitly requested to receive such messages specifically from You, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service.
2. Send, initiate or procure the sending of an Email to any Person who has explicitly requested to receive no further Emails from You or Your company.
3. Employ any false or deceptive information regarding Your identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Your identity, and the intent, subject, and origin of the Email.
4. Employ any incomplete, invalid, deceptive, fake, or forged message headers.
5. Use any mousetraps or windows that reappear, spawn new windows or otherwise resist being closed.
6. Exploit documented or undocumented security holes on any client or server machine.
7. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from You ("Opt Out Request") for no less than 30 days from the date the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt of such Opt-out request by You.
8. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
9. Send any Email from, or make such Email appear to have been sent from, any address that was obtained via the use of scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
10. Send or relay any Email from any protected computer or network accessed without authorization.
11. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails.
12. Send any commercial marketing Email or Promotion to, or collect any personally identifiable information from, any person who is under 18 years of age.

4. SUSPENSION; TERMINATION.
You agree and acknowledge that:

1. PayHon, in its sole discretion, may suspend Your account(s) or hold any or all funds in Your PayHon account if PayHon suspects or has reason to believe and/or if a Person otherwise claims that You have been involved with any of the following:
   1. Illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities or any other activity which violates any federal, state, local or foreign constitution, treaty, law, statute, ordinance, rule, code, regulation, interpretation, directive, policy, order, writ, decree, injunction, judgment, opinion, ruling, decision, permit, license, registration and other operating authorizations, or any other requirement of, any federal, state, local or foreign government, legislature, governmental or administrative agency or commission, any self-regulatory association or authority, any court or other tribunal of competent jurisdiction, or any other municipality, governmental authority or instrumentality or quasi-governmental entity or authority, whether currently in effect or hereafter enacted or amended ("Law");
   2. Violation or infringement of any Person's rights, including without limitation, any IP Rights;
   3. Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection and commercial activities;
   4. A breach of any term of this Agreement, including, without limitation, any representation, warranty or covenant made by You in this Agreement; and
   5. Otherwise violating PayHon rules or policies or interfering with PayHon's business, including PayHon's Products Requirements Policy.
2. Following the suspension of an account or holding of funds per this Section 5, PayHon will review Your account. You acknowledge that this review will be conducted in a manner decided by PayHon at its sole discretion. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that PayHon may seize and/or retain funds in Your PayHon account as liquidated damages and/or for the benefit of third parties affected by the misconduct. You acknowledge and agree that the such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to PayHon.
3. You understand that PayHon may also temporarily hold any portion of the funds in Your PayHon account if PayHon, in its sole discretion, determines such action is needed to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may incur with PayHon or any other Person.
4. You agree and understand that PayHon's right to take any of the actions set forth in this Section 5 does not constitute a right or obligation to take them for the benefit of any third parties, including You.
5. You agree and acknowledge that PayHon may also pursue other remedies as allowed by Law.
6. In addition to the foregoing, and in addition to all other rights and remedies available to PayHon at Law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, upon notice to You (which may be sent by email), PayHon will have the right to immediately terminate this Agreement and Your rights to access, use and/or otherwise participate in the PayHon Services. Upon such termination, You agree to immediately cease all use of the PayHon Services. Without limiting the foregoing, PayHon shall have the right to immediately terminate Your access and use of the PayHon Services, or any portion thereof, in the event of any conduct which PayHon, in its sole discretion, considers to be unacceptable. The provisions of this Section, in addition to any provisions, which by their nature, are intended to survive, shall survive the termination of this Agreement.

5. PayHon'S IP RIGHTS.

1. You shall not use PayHon's name, trademarks, service marks or any other IP Right of PayHon in any manner whatsoever to suggest association or affiliation with or endorsement by PayHon without the express prior written consent of PayHon, which PayHon may withhold at its sole discretion. Promotional use of images or reproductions of Payment checks issued by PayHon without the express, written consent of PayHon is prohibited. For the avoidance of doubt, the foregoing prohibition applies to any use of the Vendor Spotlight.
2. Subject to the following terms and conditions, PayHon grants You a limited, revocable license to use PayHon's name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text, or (iii) as a sub domain or second or third level domain name identifier:
   1. PayHon may revoke the foregoing license and/or provide restrictions upon Your use of PayHon's name, including requiring the use of such disclaimers as PayHon may provide, in connection with Your use of PayHon's name, at anytime and for any reason in PayHon's sole discretion.
   2. Failure to comply with any restrictions imposed by PayHon upon Your use of PayHon's name or failure by You to immediately cease all use of PayHon's name if so instructed by PayHon shall constitute (1) a breach of the limited license set forth in this Section 6(b); and (2) a breach of this Agreement. In such case, PayHon reserves the right to pursue any and all remedies available to it at Law or in equity.
3. Notwithstanding the limited revocable license set forth in Section 6(b) above, as between the parties, PayHon shall be and remain the sole owner of all right, title and interest in and to the PayHon Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by PayHon, and You hereby assign to PayHon all right, title and interest You may be deemed to have therein. Subject to the limited rights expressly granted in this Agreement, PayHon reserves all right, title and interest in and to the PayHon Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by PayHon. All rights not specifically granted to You under this Agreement are expressly reserved by PayHon.

6. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.

1. In connection with this Agreement, PayHon may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of PayHon (collectively, "Confidential Information"), including, but not limited to (a) the identities of other Vendors or Affiliates of PayHon (collectively, "PayHon Clients"); (b) physical and data security information; (c) technical data; (d) PayHon Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of PayHon. You shall not use any Confidential Information for the purpose of soliciting, or to permit any others to solicit, PayHon Clients to subscribe to any other services or promote the sale of any product which competes, either directly or indirectly, with PayHon or the PayHon Services, including without limitation the functionality offered by the PayHon Marketplace. You agree and acknowledge that PayHon may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with PayHon.
2. PayHon does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the PayHon Privacy Policy), any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to PayHon, or otherwise in connection with the PayHon Services (collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and PayHon shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed and delivered by You and a duly authorized officer of PayHon. You hereby grant to PayHon and its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, and perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. PayHon shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to PayHon with respect to Your Submissions; (b) Your Submissions and any use thereof by PayHon will not infringe or violate the rights of any Person (including any IP Rights); and (c) Your Submissions will not contain any unlawful, threatening, abusive, false, libelous, defamatory, obscene, pornographic, profane, or otherwise infringing or objectionable content or material of any kind. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that PayHon is under no obligation to respond to or use any Submission You may provide.

7. EXPORT CONTROL.
You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product promoted, offered and/or provided by You via the PayHon Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You agree to immediately notify PayHon in writing. For Your convenience, information on U.S. export control regulations can be found at the web pages for the Commerce Department ( http://www.bis.doc.gov), the State Department ( http://www.pmddtc.state.gov) and the U.S. Treasury Department ( http://www.treas.gov/offices/enforcement/ofac/index.shtml).

8. REQUIRED PERMITS.
You assume sole responsibility for obtaining and maintaining all relevant and necessary licenses and permits associated with the legal operation of Your business.

9. REPRESENTATIONS AND WARRANTIES.
You represent, acknowledge and warrant that:

1. You, Your Products and/or Your Promotions, as applicable, do not and will not, directly or indirectly: (i) invade the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; or (iv) violate any Law.
2. You shall not: (i) frame, copy or mirror any content forming part of the PayHon Services; (ii) reverse engineer of the PayHon Services or otherwise attempt to derive its source materials; (iii) access the PayHon Services for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of the PayHon Services; (iv) interfere with or disrupt the PayHon Services or any data contained therein; (v) attempt to gain unauthorized access to the PayHon Services, its related systems or networks; or (vi) use the PayHon Services for any unlawful purpose or in violation of the rights of any Person.

10. INDEMNIFICATION.
To the fullest extent permitted by Law, You agree that:

1. In the event that a Party commences any action or files any claim whatsoever ("Claim") in connection with Your use of the PayHon Services, Product, Promotion or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless PayHon, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the "PayHon Parties"), from and against any and all damages, liabilities, claims or costs (including, without limitation, the costs of investigation and defense and reasonable attorneys' fees and litigation and court costs) ("Losses") incurred by any PayHon Party as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
2. Upon receiving notice of any Claim for which PayHon is entitled to indemnification by You, PayHon shall provide You with written notification and opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose an unindemnified monetary obligation on and/or admission or finding of liability or wrongdoing by PayHon will require PayHon's prior express written consent; and (ii) failure to provide timely notice, control, or assistance shall not relieve You of Your obligations; and (iii) PayHon may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at PayHon's own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to PayHon's use of such counsel.
3. In the event that PayHon incurs costs, attorneys' fees or other expenses responding to any complaint other than a Claim, in connection with or relation to Your Products or Promotions, including complaints under the DMCA, PayHon reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by PayHon up to a maximum of $5000 per event. You authorize, and release PayHon from any liability in connection with, such deductions.

11. LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANY PayHon PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE PayHon SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE PayHon SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PayHon SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE PayHon SERVICES, WHETHER OR NOT PayHon IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF PayHon FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY PayHon TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE PayHon SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE PayHon SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF PayHon SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.

12. GENERAL TERMS AND CONDITIONS.

1. Governing Law; Dispute Resolution. You agree that Illinois law will govern this Agreement, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Illinois, and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Chicago, Illinois. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
2. English is Governing Language. This Agreement is in English and all and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by PayHon are for informational purposes only and it is your obligation to obtain independent legal advice at your own expense to ensure you understand the terms of this Agreement.
3. Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You agree that any content stored on PayHon's servers in relation to any Products registered by You via the PayHon Services is solely at Your direction and nothing contained in this Agreement nor in Your use of the PayHon Services, shall be construed as shifting responsibility for such publication to PayHon. You are not authorized to make any promise, warranty or representation on behalf of PayHon or obligate or attempt to obligate PayHon in any manner whatsoever. You shall not represent to any person that You are the agent of PayHon, nor fail to correct any misunderstanding as to such status.
4. Assignment. PayHon may freely assign or transfer any or all of the rights and obligations described under this Agreement without Your consent and without notice to You. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of PayHon. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
5. Severability. If any provision of this Agreement is declared or determined by any court to be unenforceable or invalid: (i) the validity of the remaining parts, terms or provisions shall not be affected by that determination; (ii) the unenforceable or invalid part, term or provision shall not be deemed to be part of this Agreement; and (iii) such court may substitute a provision that is legal and enforceable and is as nearly as possible consistent with the intentions underlying the original provision. If the remainder of this Agreement is not materially affected by such declaration or finding and is capable of substantial performance, then the remainder shall be enforced to the extent permitted by applicable law.
6. Publicity. You shall not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using PayHon's name or referencing the PayHon Services; or (iii) suggesting or implying any endorsement by PayHon of You and/or any Products without the prior written approval of PayHon, which PayHon may withhold at its sole discretion.
7. Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. PayHon reserves the right to amend this Agreement at any time. When PayHon amends this Agreement, PayHon shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at www.PayHon.com that; (i) such changes or amendments have occurred; and (ii) identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the PayHon Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to periodically review www.PayHon.com to inform Yourself of any such changes.
8. Waiver. The waiver or failure by PayHon to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of PayHon set-forth in this Agreement are cumulative and are in addition to any rights or remedies PayHon may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
9. Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to PayHon which would not be adequately and fully compensated by money damages and that PayHon may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Illinois or any other court of competent jurisdiction anywhere in the world (at PayHon's sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
10. Force Majeure. PayHon shall not be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, PayHon.
11. Notices. Except as otherwise expressly provided herein, any notice, request, approval, authorization, consent, demand or other communication required or permitted to be given or made pursuant to this Agreement shall be in writing and shall be deemed given on the earliest of: (i) actual receipt, irrespective of the method of delivery; (ii) the time of transmission from PayHon if sent via email, as date stamped by PayHon's systems; (iii) on the delivery day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
12. Headings/Interpretation. The table of contents and the descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.

DISCLAIMER. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE PayHon SERVICES. THE PayHon SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS" AND PayHon DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Products Requirements Policy

You expressly agree and acknowledge that the terms and conditions contained in this Product Requirements Policy are incorporated within the PayHon Client Contract, and You expressly acknowledge that You have read this Product Requirements Policy and agree to comply with and be bound by all of its terms and conditions as a requirement of creating and maintaining an account with PayHon. If at anytime You do not agree with any part of this Product Requirements Policy, You agree that Your sole remedy is to cease any further use of the PayHon Services and terminate Your account, in which case You agree that any activity that transpired prior to the date of such termination shall be governed in full by this Product Requirements Policy.

1. VENDOR REQUIREMENTS
PayHon requires Sellers to abide by the following criteria in order to sell Products through the PayHon Services. Your use of the PayHon Services indicates Your agreement that:

1. You will create and be responsible and liable for: (1) a "Pitch Page" which accurately and clearly describes such Product; and (2) a "Thank You" page through which Purchasers will immediately receive the Product or through which they will receive clearly and accurate instructions on how and when they will receive the Product.
2. You will provide valid, working email addresses to which Purchasers or PayHon can send inquiries and receive a reply by end of the following business day. Purchasers and PayHon must also be able to reach a non-automated response within one business day.
3. You will provide appropriate technical support pages for all Products that You register for sale via the PayHon Services in English and all of the other languages in which the Products are offered at Your own web site. Your technical support must be consistent with best industry practices and standards.
4. All Products and promotions, including any statements, claims, comments or messages sent via the Vendor Spotlight section of the web site, must be fully compliant with Your country's laws and with U.S. federal and state laws, including U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. You should review materials available at http://www.ftc.gov and familiarize Yourself with applicable regulations.
5. If you use the Vendor Spotlight section of the PayHon web site, you agree that you will not suggest in any way, whether express or implied, that your Product(s) are endorsed, approved or sponsored by PayHon. Further, if you offer any promotions or incentives to Affiliates you must affirmatively state that they are offered only by you and not offered or guaranteed by PayHon. You also agree that you have reviewed, understand and agree to all the requirements of the Vendor Spotlight as listed here:

PayHon provides the Vendor Spotlight as a free service to our valued Sellers and Affiliates. The contents of all material made available via the Vendor Platform are provided solely by the individual Vendor and not by PayHon. The Vendor Spotlight is intended to help Sellers provide Affiliates information about their products and promotions. While PayHon requires Sellers using the Vendor Spotlight to present only accurate and reliable information, PayHon does not independently review or verify information submitted by Sellers for accuracy, completeness, efficacy, or timeliness. PayHon does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information nor is it responsible for any bonuses, prizes, or other incentives offered by Sellers. Your use of any information presented by a Vendor is voluntary, and your reliance is at your own risk.
PayHon's publication of any information, statements, or claims via the Vendor Spotlight does not constitute its endorsement of any Vendor, Product, or incentive.

2. PRODUCT REQUIREMENTS

1. All Products must be original or otherwise appropriately licensed and non-infringing content that is digitally delivered (via web pages, downloadable files, or email) within 24 hours of purchase. Immediate delivery preferred. If Your Product cannot meet this requirement, You must receive a written exemption from an authorized PayHon representative.
2. You may also offer shipped delivery of printed media (books, CD's, and DVD's) as a courtesy to qualified customers, provided the shipped media is clearly complementary and not essential to the operation of the originally downloaded digital Product. The complementary nature of the shipped media must be clearly explained to the customer.
3. You understand that PayHon may require that You include additional guidelines and disclaimers for certain Product categories, and You agree to accept those guidelines and add those disclaimers, if Your Products fall within those categories in order to have the Products sold through PayHon. For the avoidance of doubt, You acknowledge that You expressly agree to comply with this requirement as a condition of registration pursuant to the PayHon Client Contract.
4. PayHon prohibits the following types of products:
   1. Unlicensed proprietary content;
   2. Pornography or pornographic entertainment of any kind;
   3. Any product that, in PayHon's sole judgment, encourages the unlawful transfer of copyrighted media, such as music, movies, videos, and games;
   4. Spyware;
   5. Existing debts or promissory notes;
   6. Digital cash;
   7. Spending accounts;
   8. Money transfer;
   9. Gift certificates;
   10. Coupons, rebates, or vouchers;
   11. Securities or stocks or bonds;
   12. Deeds or titles;
   13. Lottery tickets or sweepstakes;
   14. Wagers or wagering pools, gambling or betting of any kind;
   15. Pirated software or pirating tools;
   16. Hacking tools;
   17. http/tcp proxies, irc/ircd, Bnc, Eggdrop, Socks4/5;
   18. Dial-ups or dial-ins;
   19. Phone services, phone minutes, cell messaging, or cell sms;
   20. Spamming tools;
   21. Fake ID tools;
   22. Credit reports or credit repair;
   23. Professional services, including accounting, legal, medical, and pharmaceutical services;
   24. Social security number ("SSN") searches, SSN lookups, or SSN verifications;
   25. Password lists or email address lists or postal address lists;
   26. Hotel/travel reservations;
   27. Seminar, concert, or other event tickets or vouchers;
   28. Franchises or franchise opportunities;
   29. Multilevel membership (including MLM, matrix, wheel, cylinder, downline, upline, chain, or pyramid) or any Product that has no appreciable value to the customer other than the potential for resale;
   30. Products about marketing through Craigslist or social networking sites that are contrary to the social networking site's terms of use;
   31. Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, racism, victimization, criminal activity; and
   32. Any other category PayHon decides to prohibit.

Offering of any of the prohibited products may result in the immediate suspension or termination of all of Your activities with PayHon (including non-offending activities) and the forfeitures of any account balance owed by PayHon.

PayHon Legal Notice

PayHon.com is a service of PayHon, Inc., an Illinois corporation with headquarters in Lemont, Illinois.
Business Address: PayHon, Inc. 15744 132nd street, Lemont, IL 60439 USA.

To contact us by mail, you may send inquiries to:
PO BOX 415
Lemont, IL 60439 USA

Questions?
If you have any questions, or would like additional information, you may contact PayHon, Inc. by email at Service@payhon.com, by telephone at 1-630-730-9320 or write to Sales Support at PO BOX 415, Lemont, IL 60439 USA.