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Acceptance of Terms.
The Service is offered subject to acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Sites by Paystand. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Paystand from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.
To be eligible to use Paystand, you must be at least 18 years old and located in the United States of America. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Paystand may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Use.
Paystand reserves the right, at its sole discretion, to modify or replace any of the Terms of Use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you an email. In addition, any disclosure or notice regarding the Service may be provided to you by posting a notice on the Site or by sending you an email. You agree that electronic disclosures and notices have the same meaning and effect as if we had provided you with a paper copy. Paystand may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Description of the Services
The Service enables Merchants to incorporate payment functionality in online stores through which they sell their products and services. Paystand provides the Service to Merchants to facilitate receipt by Merchants of payments by card or bank transfer which are made by Merchant's customers ("Purchasers"). Transactions are solely between Merchants and Purchasers, and Paystand is not a party to these transactions. Paystand is not a bank, money transmitter, or Money Services Business ("MSB"), and we do not offer banking or MSB services as defined by the United States Department of Treasury.
Card payments are initiated by providing information to a payment processor and/or a bank (the "Bank") that is a member of a credit or other payment card network, association, or company, (collectively, the "Networks"). Bank transfer payments are initiated by providing information to the Bank via bank-to-bank exchange or through the National Automated Clearing House ("ACH").
Paystand's Role; Third-Party Relationships
Paystand collects, analyzes and transmits information about you and your transactions in connection with payments between Purchasers and Merchants. You authorize Paystand to provide this information to the Bank in order for the Bank to facilitate payments from Purchasers to Merchants through the Networks and/or the ACH. Paystand does not hold, own or control funds in connection with the Services, nor does Paystand transmit money or monetary value. In connection with the Services, Paystand does not actually or constructively receive, take possession of or hold any money or monetary value for transmission, and does not advertise, solicit or hold itself out as receiving money for transmission. The Bank is the party with sole responsibility for conducting the settlement of funds between Purchasers and Merchants.
Paystand may enter into agreements with the Networks, processors and the Bank, from time to time. You are not a third-party beneficiary of these agreements. Each of the Networks, processors and the Bank is a third-party beneficiary of this Agreement and has beneficiary rights, but not obligations, and may enforce this Agreement against you. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Account.
To the extent that the Bank has any obligations to pay Merchants, such obligations are governed by (a) the provisions of the Bank's agreement with Paystand, and (b) the by-laws, operating regulations and all other rules, policies and procedures of the Networks as are in effect at any time (the "Network Regulations"). Paystand or the Bank will pay out funds settling from the Networks to the designated bank settlement account you provided when establishing your Paystand Account ("Bank Account") in the amounts actually received (less our Fees, as defined below) for card transactions submitted via the Service. The Bank Account must be verified and located at bank branch in the United States and held in the name of the Merchant's business. You are responsible for the accuracy and correctness of information regarding your Bank Account. Funds for any given transaction will not be transferred to your Bank Account until the transaction is deemed complete. Transactions will be deemed complete when we have received funds settling from the Networks and when we or our processing financial institutions have accepted such funds. The actual timing of the transfers to your Bank Account of the settling funds will be subject to the Payout Schedule (as defined below).
Third-Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under Paystand's control, and you acknowledge that Paystand is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Paystand or any association with its operators. You further acknowledge and agree that Paystand shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such third-party website or resource.
License to Site Content.
For purposes of this Agreement, "Content" includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Paystand or its partners on or through the Service. You agree that the Service contains Content specifically provided by Paystand or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, reverse engineer, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third-party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, or (b) in any way that violates any third-party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for any reason other than personal, noncommercial use is expressly prohibited without prior written permission from Paystand, or from the copyright holder identified in such Content's copyright notice.
Account Registration & Onboarding
In order to access Paystand's Services, you will be required to create an account on the Services ("Account" or "Paystand Account") and provide certain registration information. When creating your Account, you agree to (a) provide accurate, truthful, current and complete information when creating your Account; and (b) maintain and promptly update your Account information. You may be required to provide us with information and documentation including, but not limited to, your email address, a self-selected password, street address, telephone number, tax identification number (such as Social Security Number), date of birth, articles of incorporation, financial statements, passports, driver's license or a business license. By accepting the terms of this Agreement, you authorize us to retrieve information such as credit history, address history, and other data about you by using third parties, including credit bureaus and other information providers. You authorize Paystand, directly or through third parties, to make inquiries or verify that this information is accurate, and specifically authorize us to perform a background check. If we cannot verify that the information provided by you is complete and accurate, we may deny your use of our Service, or close your Account. We reserve the right to suspend or terminate the Account of anyone who provides inaccurate, untrue, or incomplete information, or who fails to comply with the account registration requirements. After we have collected and verified all your information, Paystand will review your Account and determine if you are eligible to use the Service. We may periodically update the information we collect about you to determine whether you continue to meet our eligibility requirements. At any time, we may conclude that you are not permitted to use (or continue to use) the Services, in our sole discretion.
We may share some or all of the information about your and your transactions with our processor, the Networks, the Bank, and our other partners (and our and their respective affiliates, agents, subcontractors, and employees). Anyone that we share information with may use the information to perform their obligations under their agreements with us, to operate and promote their respective networks, to perform analytics and create reports, to prevent fraud, and for any other lawful purpose. Any of our partners may also make eligibility determinations and conclude that you are not permitted to use the Services.
To the extent that any information we collect about you is personally identifiable information, it is subject to the terms of our Privacy Policy. Please refer to our Privacy Policy for information about how Paystand collects, uses and discloses personally identifiable information from its users.
Each Account must be linked to a verified Bank Account.
Paystand charges fees to Merchants using the Service (the "Fees"). Paystand may also charge Merchants Fees for exceptions processing, such as when a Merchant receives a Chargeback (as defined below). In addition, Merchant agrees to pay Paystand the Fees that may be set forth on the Site and/or Services from time to time. All Fees are stated in U.S. dollars. You shall pay all applicable Fees, as described on the Site in connection with the applicable Services. Rather than collecting payments directly from Merchants, to the extent permitted by law, the Bank may withhold these Fees (and any other obligations you may owe us) on our behalf from payments received by Merchant (e.g., from Purchasers). In addition, we may deduct any applicable Fees from your Reserve Account (as defined below). Fees will be assessed at the time a transaction is processed and will be first deducted from the funds received for such transactions. If the transaction settlement amounts or Reserve Account are not sufficient to meet your obligations to us, we may charge or debit your Bank Account or any credit card registered in your Account for any amounts owed to us. Your failure to fully pay amounts that you owe us on demand will be a breach of this Agreement. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest.
Paystand does not provide refunds. You represent to Paystand that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. In addition, you are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer, modem, and Internet access (including payment of all fees associated with such access).
You will not impose any tax, fee, or surcharge on any transaction that a Purchaser seeks to make with an eligible payment card. Subject to the terms of this Agreement, Paystand reserves the right to change its Fees. By continuing to use the Service following any such change, you consent to the change in Fees. If you do not consent, as your sole remedy, you may close your Account and cease to use the Services.
Purchasers may register with Paystand. Whether or not a Purchaser registers, however, their use of the Service is governed by the terms of this Agreement. You agree that, as a Purchaser, you are responsible for reading the full description of any good, service or other item promoted by a Merchant via the Services ("Merchandise"), including any terms and conditions applicable to the receipt of such Merchandise ("Seller Terms"), before committing to make any purchase or donation via the Services to any Merchant. When you make a purchase or donation via the Services, you enter into a legally binding contract with the applicable Merchant to complete such purchase or donation and to receive any Merchandise subject to the Seller Terms. You agree to look solely to the applicable Merchant to resolve all questions and disputes regarding any purchases or donations you make to a Merchant via the Services. Paystand is not responsible for resolving any disputes between Purchasers and Merchants.
Prohibited Activities; Compliance; Restrictions
In connection with your use of the Paystand Services, you agree at all times to comply with Paystand's Acceptable Use Policy which is hereby incorporated into this Agreement by this reference. Paystand reserves the right to terminate your account and block or prevent future access to, and use of, the Paystand Services for any violation of these Terms or the Acceptable Use Policy.
The Networks have established the Network Regulations and the ACH has established guidelines, bylaws, rules, and regulations (the "ACH Rules"). You are required to comply with all Network Regulations and ACH Rules that are applicable to Merchants. You can review portions of the Network Regulations at Visa and MasterCard. The Networks and the ACH reserve the right to amend the Network Regulations and/or the ACH Rules, as applicable, at any time.
You are responsible for maintaining the secrecy and security of your Account access credentials and for any use of or action taken thereunder. You shall: (a) maintain the security of your Account by not sharing your password with others and restricting access to your Account on your computer or mobile device; (b) promptly notify Paystand if you discover or otherwise suspect any security breaches related to the Paystand Service; and (c) take responsibility for all activities that occur under your Account and accept all risks of unauthorized access.
As a Merchant, you may not use the Services to post or link to any Merchandise that: (i) infringes any third-party intellectual property rights (including copyright, trademark, patent and trademark secrets) or other proprietary rights (including rights of publicity or privacy); (ii) constitutes libel or slander or is otherwise defamatory; or (iii) is counterfeited, illegal, stolen, or fraudulent. If Paystand discovers that any information or content provided by you is inaccurate, false, or misleading we reserve the right to immediately remove such information or content at our sole discretion.
Fraud; Suspicious Activity
If Paystand determines that you have received funds resulting from fraud or any prohibited activity (including, without limitation, any activities that violate any provision of this Agreement), those funds may be frozen, returned to the Purchaser, or seized.
In addition, if we reasonably suspect that your Account has been used for an unauthorized, illegal, or criminal purpose, you hereby authorize Paystand to share information about you, your Account, your access to the Services, and any of your transactions with law enforcement or other governmental or regulatory entities.
Responsibility for Merchant Products & Services
Merchants will provide a receipt to each Purchaser at the conclusion of each purchase transaction that includes all information required under the Network Regulations, the ACH Rules, and applicable law. You agree to provide clear and conspicuous notice to Purchasers of any Seller Terms. The Seller Terms applicable to any Merchandise will form a contract between you and any Purchaser who makes a payment or donation to you that entitles such Purchaser to any Merchandise. In delivering any Merchandise, you will not require any payments or impose any conditions that were not disclosed in the Seller Terms. You agree that any Merchandise you promote will not breach any agreements you have entered into with any third parties.
You are solely responsible for: (a) promptly fulfilling any order for Merchandise purchased by any Purchaser in accordance with the Seller Terms; (b) collecting and remitting any value added, use, sales or other transfer taxes owed to any national, state, or local taxing authorities in connection with the sale of any Merchandise; (c) resolving any disputes with Purchasers regarding any purchased Merchandise, including any Chargebacks or refunds; and (d) any and all injuries, illnesses, damages, claims, liabilities and costs suffered by you or any Purchaser that purchases your Merchandise, which are caused in whole or in part by you or your Merchandise.
You, and you alone, are responsible for providing your products and services to Purchasers for any and all issues related to your products and services, including but not limited to issues arising from the processing of Purchasers' cards through the Service. You agree not to disguise, hide or otherwise misrepresent the number or character of the products and services that you offer on or through your store through use of any features of the Services or Software or otherwise.
You will accept and honor all eligible cards presented for payment by Purchaser for your Merchandise in accordance with the Network Regulations, this Agreement and any other applicable operating guides or regulations. You agree that you will obtain an authorization from the Networks for each payment card transaction, as required under the Network Regulations, and will not submit a card transaction for settlement where there is a negative authorization or the card is otherwise expired. You acknowledge that the existence of an affirmative authorization from us or the Networks does not mean that a particular card transaction will not be subject to Chargeback, Reversal or Claim (as those terms are defined below) at a later date.
Payment Authorization
You hereby authorize the Bank to hold, receive, disburse and settle funds on your behalf, including generating a paper draft or electronic funds transfer to process each payment transaction that you authorize. Subject to this Agreement, you also authorize the Bank to debit or credit any payment card or other payment method we accept. In addition, you authorize the Bank to initiate electronic ACH entries to each Bank Account for which you input routing number and account number on the Site, and to initiate adjustments for any transactions credited or debited in error. You agree to be bound by the ACH Rules, and you agree that all ACH transactions that you initiate will comply with all applicable law. Your authorization will remain in full force and effect until your Account is closed or terminated.
Accepted Payment Methods
Paystand supports most domestic and international credit, debit, prepaid or gift cards with a Visa, MasterCard, American Express or Discover logo. We will only process card transactions that have been authorized by the applicable Network or card issuer. We may add or remove support for certain payment cards at any time without prior notice. You agree to accept all of the cards issued by Networks that Paystand supports in accordance with the terms of this Agreement.
Paystand also supports payments via ACH from U.S.-based Purchasers with a U.S. bank account. At our discretion, Paystand may conduct verification checks on Purchasers to ensure account ownership and sufficient balance, and we may refuse to process payments from Purchasers at any time.
Payout Schedule
The "Payout Schedule" is the amount of time it takes for us to initiate a transfer to your designated bank account of settlement funds arising from card transactions processed through the Service. After your Bank Account has been reviewed and approved, Paystand will initiate transfer of settlement funds (net of Fees, Chargebacks, and other funds owed to us for any reason) in accordance with the Payout Schedule. The terms of your Payout Schedule will be made available to you when you login to your Account. We are not responsible for any action taken by the institution holding your bank account that may result in some or all of the funds not being credited to your bank account or not being made available to you.
Notwithstanding the Payout Schedule, we may restrict access to your funds or defer or delay settlements to a Bank Account in our sole discretion for any of the following reasons: (a) based on your perceived risk and history with Paystand (e.g., risk of incurring a Chargeback, offsets for potential losses); (b) as required by law or court order; (c) during investigation and resolution of any dispute related to your Account; (d) to secure the performance of your payment obligations under this Agreement; and/or (e) as otherwise permitted under this Agreement or applicable law. You can contact Paystand at 1-800-708-6413 to change the timing of your Payout Schedule or request an increase to your settlement limit. Upon submitting a request, you will be informed of the process and requirements for Paystand to review your Payout Schedule and/or Bank Account, and Paystand will determine whether to grant your request in its sole discretion.
You are not required to have a credit in your Account in order to use the Service. When you have a credit, your funds will be co-mingled and held by the Bank with other Merchants' funds in one or more pooled accounts at the Bank that are established in the Bank's name for the benefit of you and other users. The Bank has sole discretion over the establishment and maintenance of any pooled account. Paystand has no ownership or control, and no right, title or interest in any account in which Merchant funds are held.
The Bank will hold any funds associated with your Account in an account separate from any account used for Paystand's corporate funds. Paystand will not and cannot use your funds for our corporate purposes (including the granting of any security or similar interest), will not voluntarily make funds available to our creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit our creditors to attach the funds. You will not receive interest or any other earnings on any funds that the Bank holds for you. As consideration for using the Service, you irrevocably assign to us or the Bank all rights and legal interests to any interest and/or other earnings or benefits that may accrue or are attributable to the Bank holding your funds in a pooled account.
If your Account is negative for an extended period of time (as determined by Paystand in our sole discretion), the Bank may close your Account and we may pursue legal action or other collection efforts.
Reserve Account
At any time and from time to time, we may temporarily suspend or delay payments to you and/or designate an amount of funds that we must maintain in your Account ("Reserve") to secure the performance of your payment obligations under this Agreement. We may require a Reserve for any reason, including high chargeback risk or indications of performance problems related to your use of the Service. The Reserve will be in an amount as reasonably determined by us to cover anticipated chargebacks, returns, unshipped merchandise and/or unfulfilled services or credit risk based on your processing history or such amount designated by our processor. The Reserve may be raised, reduced or removed at any time by Paystand, in its sole discretion, based on your payment history, a credit review, the amount of any arbitration award or court judgment against you in Paystand's favor, or otherwise as Paystand or its processor may determine or require. If you do not have sufficient funds in your Reserve, we may fund the Reserve from any funding source associated with your Account, or from any other Paystand Account under your control or any funding source associated with such other Account, including but not limited to any funds (a) held as a balance in your Account, (b) due to you under this Agreement, or (c) available in your bank account, or other payment instrument registered with us.
You grant us a security interest in and lien on any and all funds held in any Reserve, and also authorize us to make any withdrawals or debits from the Reserve, without prior notice to you, to collect amounts that you owe us under this Agreement, including without limitation for any reversals of deposits or transfers made to your Paystand Account. You will execute any additional documentation required for us to perfect our security interest in any funds in the Reserve. This security interest survives for as long as we hold funds in your Reserve; however, it does not apply to any funds for which the grant of a security interest would be prohibited by law. You irrevocably assign to us all rights and legal interests to any interest or other earnings that accrue or are attributable to your Reserve.
A "Chargeback" is a request that a Purchaser files directly with his or her card company or card issuing bank to invalidate a processed payment. "Claim" means a challenge to a payment that you or a Purchaser files directly with Paystand. "Reversal" means Paystand reverses the settlement of funds from a processed card transaction that you received because (a) the card transaction is invalidated by the card issuer, (b) the settlement funds were sent to you in error by (i) Paystand or the Bank; (ii) the processors, suppliers or licensors of Paystand or the Bank; or (iii) any of the respective affiliates, agents, directors and employees of any of the entities listed in (i) or (ii) above, (c) the sender of the payment did not have authorization to send the payment (for example: the Purchaser used a card that did not belong to the Purchaser), (d) you received the payment for activities that violated this Agreement or any other Paystand agreement, or (e) Paystand decided a Claim against you.
You may be subject to a Chargeback (i.e., the amount of a payment may be charged back to you) in the event of a Claim or Reversal, or if the payment (1) was not authorized or we have any reason to believe that the transaction was not authorized, or (2) is unlawful, suspicious, or in violation of the terms of this Agreement. You are responsible for all Chargebacks, whether or not the Chargeback complies with the Network Regulations.
You owe us and will immediately pay us the amount of any Chargeback and any associated Fees, fines, or penalties assessed by the Bank, our processor, the Networks, or the ACH. If you do not have sufficient funds in your Account, then we may withhold and/or offset any funds available to you in accordance with the Fees section above. You understand that if you have pending Chargebacks, we or the Bank may delay payouts to you.
Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, the Bank may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that: (I) a Chargeback is assessed due to a Purchaser's complaint, in which case the Bank will retain and refund the funds; (II) the period of time under applicable law or regulation by which the Purchaser may dispute that transaction has expired; or (III) we determine in our sole discretion that a Chargeback on the transaction will not occur.
If we determine that you are incurring an excessive amount of Chargebacks, Paystand or the Bank may establish controls or conditions governing your Account, including without limitation, by (A) assessing additional Fees, (B) creating a Reserve in an amount reasonably determined by us to cover anticipated Chargebacks and related Fees, (C) delaying payouts, and (D) terminating or suspending the Service or closing your Account.
You agree to assist us when requested and otherwise cooperate fully, at your expense, with any investigation of any of your transactions processed through the Service, until such investigation is completed. To that end, you permit us to share information about a Chargeback with the Bank, the Purchaser, the Purchaser's financial institution, and your financial institution in order to investigate and/or mediate a Chargeback. We will request necessary information from you to contest the Chargeback. If the Chargeback is contested successfully, we will release the reserved funds to you. If a Chargeback dispute is not resolved in your favor by the Networks or issuing bank or you choose not to contest the Chargeback, we may recover the Chargeback amount and any associated Fees as described in this Agreement. You acknowledge that your failure to assist us in a timely manner when investigating a transaction, including providing necessary documentation promptly upon our request, may result in an irreversible Chargeback. We reserve the right, upon notice to you, to charge a Fee for mediating and/or investigating Chargeback disputes.
Transaction Terms
Transactions will be designated as Pending, Complete, Failed or Cancelled.
"Pending" means that a transaction is currently undergoing review by the Bank and may not be completed or settled, at the Bank's sole discretion. "Pending" may also indicate that the transaction is awaiting account confirmation or settlement from a third party.
"Completed" means that a transaction has cleared and the funds are available in the Merchant's Account. If Paystand determines that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, Paystand may reverse or refund the transaction at any time.
"Cancelled" means that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your Account, our inability to validate the legitimacy of a payment, Purchaser, or Merchant, or another reason. You may contact Paystand at 1-800-708-6413 for more information. Although payments are cancelled, the removal of an authorization on a Purchaser credit card or a return of funds to a Purchaser bank account may not be immediate, and Paystand cannot guarantee availability within a specific timeframe.
"Failed" means that a transaction could not be processed due to inaccurate Account information, insufficient funds, or another transaction-related reason.
Upon the release of transaction information by Paystand, a Purchaser will be debited or charged by the Bank. You agree that the Purchaser's obligation to you is treated as paid at the time of (i) the release of this transaction information when a transaction is designated as "Complete"; and (ii) the related initiation of processing by the Bank. After the initiation of processing by the Bank, you agree not to attempt to collect or otherwise seek payment from the Purchaser, because you agree that Purchaser's obligation to you will have been conclusively discharged. Merchant agrees that the Purchaser is a third-party beneficiary of the preceding two sentences. Transactions may remain designated as "Pending" before "Completed" if Paystand is reviewing a transaction for risk purposes. Transactions designated as "Pending" should not be treated as paid until they are designated as "Completed."
Transactions may be disputed at any time up to 90 days from the date of transaction, regardless of designation, by the Purchaser. Disputes resolved in favor of the Purchaser may result in reversal of the disputed transaction, regardless of designation.
Paystand reserves the right to limit or restrict transaction size or volume at any time. If you would like to increase your limits, please contact us at 1-800-708-6413. Upon receiving this request, Paystand will conduct a review of your Account, and decide whether to lift or remove these limits. Paystand will consider a variety of factors in making this decision and will make this determination at its sole discretion.
You represent and warrant that you are and will continue to be in compliance with all applicable privacy laws. In addition, you represent and warrant that you have obtained and will maintain all necessary rights and consents under applicable law to (a) disclose any data that you provide to us, or (b) authorize us to collect, retain, and/or disclose any data that you provide to us, including information that we may collect from your Purchasers directly or indirectly. You represent and warrant that you will disclose, and acknowledge that you are solely responsible for disclosing, to your Purchasers that Paystand is processing credit card transactions on your behalf and may obtain data from such Purchasers.
Cardholder Security/PCI Compliance
"Cardholder Data" is information associated with a payment card, such as account number, expiration date, and CVV2. Paystand is a validated PCI Level 1 Service Provider and so is qualified to handle Cardholder Data in connection with the Service.
If you handle, transmit, or store any Cardholder Data in connection with your use of the Service, you agree to comply at all times with the Payment Card Industry Data Security Standards ("PCI DSS"). Further, you agree to certify such compliance and provide documentation in accordance with Operating Regulations, or when asked by Paystand to do so. You also agree that you will use only PCI compliant service providers in connection with the storage, processing, or transmission of Cardholder Data. You will remove Cardholder Data from your systems, and any other place where you store it, as soon as practicable and in no event more than 24 hours after you receive an authorization decision.
You are fully responsible for the security of data (including but not limited to Cardholder Data) on your website or otherwise in your possession or control. You agree to comply with all applicable laws, Network Regulations, and rules in connection with your collection, security and dissemination of any personal, financial, or transaction information. You agree to notify Paystand immediately if you provide any third party with access (or otherwise permit, authorize, or enable such third party's access) to any Cardholder Data.
Unless a Purchaser expressly grants you consent, you may not retain, track, monitor, store, disclose or otherwise use any data collected from such Purchaser (e.g. to send any marketing or promotional materials to such Purchaser) except in connection with the transaction in which it was given and any post-transaction activities in connection with such immediate transaction (e.g., a Chargeback).
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If you discover a security-related issue, you agree to inform us of the issue immediately by contacting Paystand at 1-800-708-6413. You also agree not to disclose the issue until Paystand has addressed it.
You may terminate this Agreement by closing your Paystand Account at any time. When you close your Account, any pending transactions will be cancelled. Any funds that the Bank is holding in custody for you when you close your Account, less any applicable Fees, will be paid out to you according to your Payout Schedule, assuming all payout-related authentication requirements have been fulfilled (for example, you may not close your Account as a means of evading your Payout Schedule). We or the Bank may hold your funds for any of the reasons described in this Agreement. If you are later determined to be entitled to some or all of the funds, the Bank will then release those funds to you.
We may terminate your Account at any time in our sole discretion. In addition, the Bank or any Network may terminate your Account at any time and for any reason, including, without limitation, if any act or omission by you results in harm or the loss of goodwill to such Bank and/or Network. Reasons for which your Account may be terminated by Paystand, the Bank, or any Network may include, but are not limited to: (a) a material deterioration in your financial status or condition; (b) invalid, prohibited, or otherwise unacceptable sales deposits; (c) excessive chargebacks; and/or (d) any violation of this Agreement, any Network Regulations, the ACH Rules, or any applicable law.
If your Account is terminated for any reason or no reason: (i) you continue to be bound by this Agreement, (ii) you will immediately stop using the Service and remove all card logos from your website and wherever else they are displayed, (iii) the license provided under this Agreement is immediately terminated, (iv) we reserve the right (but have no obligation) to delete all of your information and Account data stored on our servers, and (v) Paystand shall not be liable to you or any third party for termination of access to the Service, deletion of your information or Account data, or export of your information or Account data.
We will not be liable to you for compensation, reimbursement, or damages in connection with any termination or suspension of the Service. Any termination of this Agreement does not relieve you of any obligations to pay any Fees or costs accrued prior to the termination and any other amounts owed by you to us as provided in this Agreement.
If your Account is terminated, you acknowledge and agree that Paystand and/or the Bank is required to and will report your business name and the name of your principals to the MATCH™ listing maintained by MasterCard and accessed and updated by Visa and American Express or to the Consortium Merchant Negative File maintained by Discover, if applicable, or to any other negative or terminated merchant file of any other Network, if applicable, pursuant to the requirements of the Network Regulations. You specifically consent to the fulfillment of the obligations related to the listing by Paystand or the Bank and to the listing itself and you waive and hold harmless Paystand and the Bank from all claims and liabilities you may have or incur as a result of such reporting.
Representations & Warranties
You represent and warrant to us that: (a) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (b) the name identified by you when you registered is your name or business name under which you sell goods and services; (c) any sales transaction submitted by you will represent a bona fide sale by you; (d) any sales transactions submitted by you will accurately describe the Merchandise sold and delivered to a Purchaser; (e) you will fulfill all of your obligations to each Purchaser for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Purchaser; (f) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (g) except in the ordinary course of business, no transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (h) you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service; (i) your use of the Service will be in compliance with this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL ACCOMPANYING DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH THE SERVICE OR FROM (a) PAYSTAND OR THE BANK; (b) THE PROCESSORS, SUPPLIERS OR LICENSORS OF PAYSTAND OR THE BANK; OR (c) ANY OF THE RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES OF ANY OF THE ENTITIES LISTED IN (a) OR (b) ABOVE (EACH, A "DISCLAIMING ENTITY" AND COLLECTIVELY, THE "DISCLAIMING ENTITIES") WILL CREATE ANY WARRANTY FROM ANY DISCLAIMING ENTITY TO YOU. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER PAYSTAND NOR THE BANK HAVE ANY CONTROL OVER THE PRODUCTS OR SERVICES THAT ARE PAID FOR WITH THE SERVICES, AND NEITHER PAYSTAND NOR THE BANK CAN ENSURE THAT ANY PURCHASER WILL COMPLETE A TRANSACTION OR IS AUTHORIZED TO DO SO.
Refunds & Returns
Paystand does not provide refunds. By accepting this Agreement, you agree to submit any and all refunds and adjustments for returns of your Merchandise through the Service to the Purchaser's payment card in accordance with the terms of this Agreement and Network Rules. The Network Regulations require that you will (a) maintain a fair return, cancellation or adjustment policy; (b) disclose your return or cancellation policy to Purchasers at the time of purchase, (c) not give cash refunds to a Purchaser in connection with a payment card sale, unless required by law, and (d) not accept cash or any other item of value for preparing a payment card sale refund. Your refund policies must be the same for all payment methods.
If a Purchaser is dissatisfied with your refund policy, the Purchaser may attempt to Chargeback the payment. You may not bill or collect from any Purchaser for any purchase or payment by means of a payment card unless the Purchaser has exercised a Chargeback, you have fully paid for the charge, and you otherwise have the right to do so.
Full refunds must be for the exact dollar amount of the original transaction including tax, handling charges, and other. The refund amount may not exceed the original sale amount except by an amount equal to any reimbursements to the Purchaser for postage costs incurred for product returns. You will use best efforts to process all refunds within sixty (60) days after the original transaction date, and you acknowledge that refunds processed after that time may not be capable of being processed.
For processed refunds, Paystand will deduct the refund amount (including any applicable Fees) from (i) settlement funds owed to you from processing of other card transactions, or (ii) funds in any Reserve Account. If these funds are not sufficient, you authorize Paystand to initiate an ACH debit entry to your Bank Account in the amount necessary to complete the refund transaction to the Purchaser's payment card. In the event the Paystand cannot access your Bank Account by means of ACH debit or otherwise offset the applicable amount in accordance with the terms of this Agreement, you agree to pay all funds owed to Paystand upon demand. You are solely responsible for accepting and processing returns of your Merchandise; Paystand has no responsibility or obligation for processing such returns.
Books & Records; Audit
Except as required by law, you are solely responsible for compiling and retaining permanent records of all transactions and other data associated with your Account, your transaction history and your use of the Service ("Books and Records"). Paystand is not responsible for maintaining any Books and Records on your behalf. You will maintain appropriate records of all card transactions for a period of at least two (2) years from the date of the transaction.
Your transaction history will be available to you when you login to your Account. Except as required by law, you are solely responsible for reconciling your transaction history with your actual card payment transactions. You agree to notify us of any discrepancies arising from such reconciliation and verification. We will investigate any reported discrepancies and attempt to rectify any errors that you or we discover. In the event you are owed money as a result of the discrepancy, we will transfer funds to your Bank Account in accordance with the applicable Payout Schedule. Your failure to notify us of any error or discrepancy in your transaction history within sixty (60) days of when it first appears on your transaction history will be deemed a waiver of any right to amounts owed to you in connection with any such error or discrepancy in processing your card payments.
If we believe that a security breach or compromise of data has occurred, we may require you to have a third-party auditor that is approved by us conduct a security audit of your systems and facilities and issue a report to be provided to us, our banking partners, and the Card Networks.
Paystand will be entitled to audit or have audited all of your Books and Records, websites, and/or premises to assure that you have the proper facilities, equipment, inventory, agreements, personnel, licenses, permits, and other capabilities required to conduct your business.
IN NO EVENT SHALL PAYSTAND NOR ANY DISCLAIMING ENTITY (AS DEFINED ABOVE), BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE) (a) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (b) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (c) FOR YOUR RELIANCE ON THE SERVICE OR (d) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE AMOUNT OF FEES PAID BY YOU TO PAYSTAND DURING THE THREE (3) -MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation, this section.
Integration and Severability.
This Agreement is the entire agreement between you and Paystand with respect to the Service and use of the Sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Paystand with respect to the Sites. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Additional Terms
You will submit all card transactions for processing no later than three (3) days from the date of authorization.
You will display all Network marks in accordance with the rules and procedures of the Networks, and will use such marks only to indicate that you accept their cards for payment.
No more than twenty percent (20%) of your total sales processed via the Service may be international card sales.
If there is no activity in your Account (including access or payment transactions) for the period of time set forth in the applicable unclaimed property laws, and you have a credit, we may notify you by sending an email to your registered email address. We may also notify you by U.S. mail. We will give you the option of keeping your Account open, withdrawing the funds, or requesting a check. If you do not respond to our notice within the time period specified in the notice, we may close your Account and the Bank will escheat your funds in accordance with applicable law.
If applicable to you, your agreement to this Agreement also binds you to the Merchant Services Agreement set forth in Exhibit A to this Agreement. Please read the Merchant Services Agreement in full to see if it applies to you. By way of example only, if you receive more than $100,000 in payments from Visa or MasterCard in a twelve-month period, then the Merchant Services Agreement does apply to you. If it is applicable, the Merchant Services Agreement constitutes a legal binding contract between you, on the one hand, and VANTIV, LLC and its designated Member Bank, on the other hand.
Payment Processor Terms
This Merchant Services Agreement for Sub-Merchants ("Merchant Agreement") is made among VANTIV, LLC, having its principal office at 8500 Governors Hill Drive, Symmes Township, OH 45249-1384 and its designated Member Bank (collectively "Acquirer") and the "Merchant" as defined in, and in connection with, the Terms of Service between Paystand, Inc. and the Merchant (herein referred to as "Sub-merchant"). Capitalized terms not otherwise defined herein have the respective meanings given them in the Paystand Terms of Service. Acquirer will provide Sub-merchant with certain payment processing (the "Services") in accordance with the terms of this Merchant Agreement. In consideration of Sub-merchant's receipt of credit or debit card funded payments, and participation in programs affiliated with Visa, MasterCard, Discover, and certain similar entities (collectively, "Associations"), Sub-merchant is required to comply with the Operating Regulations as they pertain to applicable credit and debit card payments. In addition, if Sub-merchant meets certain requirements under the Operation Regulations or an Association or the Operating Regulations otherwise require, Sub-merchant may be required to enter into a direct relationship with an entity that is a member of the Associations. By agreeing to the Paystand Terms of Service to which this Merchant Agreement is an exhibit (by "click through" agreement or otherwise), Sub-merchant has fulfilled this requirement, if and when applicable. However, Acquirer understands that Sub-merchant may have contracted with Paystand to obtain certain processing services and that Paystand may have agreed to be responsible to Sub-merchant for all or part of Sub-merchant's obligations contained herein.
Payment processing services for account holders on Paystand may also be provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service(collectively, the "Stripe Services Agreement"). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a Merchant on Paystand, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Paystand enabling payment processing services through Stripe, you agree to provide Paystand accurate and complete information about you and your business, and you authorize Paystand to share it and transaction information related to your use of the payment processing services provided by Stripe.
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises contained herein, the parties agree as follows:
1. Certain Sub-merchant Responsibilities. Sub-merchant agrees to comply, and to cause third parties acting as Sub-merchant's agent ("Agents") to comply, with the Associations' and other payment networks' by-laws, operating regulations and/or all other rules, policies and procedures, including but not limited to the Payment Card Industry Data Security Standard, the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations or payment networks (collectively, "Operating Regulations"). Sub-merchant may review the VISA, MasterCard, and Discover websites for a copy of the Visa, MasterCard and Discover regulations. The websites are: http://usa.visa.com/merchants; and http://www.mastercard.com/us/merchant/ and http://www.discovernetwork.com/merchants/. Without limiting the foregoing, Sub-merchant agrees that it will fully comply with any and all anti-money laundering laws and regulations, including but not limited to the Bank Secrecy Act, the US Treasury's Office of Foreign Assets Control (OFAC) and the Federal Trade Commission. For purposes of this section, Agents include, but are not limited to, Sub-merchant's software providers and/or equipment providers.
If so indicated in the Paystand Terms of Service, Sub-merchant may be a limited-acceptance merchant, which means that Sub-merchant has elected to accept only certain Visa and MasterCard card types (i.e., consumer credit, consumer debit, and commercial cards) and must display appropriate signage to indicated the same. Acquirer has no obligation other than those expressly provided under the Operating Regulations and applicable law as they may relate to limited acceptance. Sub-merchant, and not Acquirer, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to policing the card type(s) accepted at the point of sale.
Sub-merchant shall only complete sales transactions produced as the direct result of bona fide sales made by Sub-merchant to cardholders, and is expressly prohibited from presenting sales transactions which are produced as a result of sales made by any person or entity other than Sub-merchant, or for any purposes related to any illegal or prohibited activity, including but not limited to money-laundering or financing of terrorist activities.
Sub-merchant may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions: i) the minimum transaction amount does not differentiate between card issuers; ii) the minimum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand; and iii) the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). Sub-merchant may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions: Sub-merchant is a i) department, agency or instrumentality of the U.S. government; ii) corporation owned or controlled by the U.S. government; or iii) Sub-merchant whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249 - Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand.
2. Sub-merchant Prohibitions. Sub-merchant must not i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed, ii) add any tax to transactions, unless applicable law expressly requires that a Sub-merchant impose a tax (any tax amount, if allowed, must be included in the transaction amount and not collected separately), iii) request or use an account number for any purpose other than as payment for its goods or services, iv) disburse funds in the form of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from Sub-merchant, v) disburse funds in the form of cash unless Sub-merchant is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign currency (in such case, the transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by the Sub-merchant), or Sub-merchant is participating in a cash back service, vi) submit any transaction receipt for a transaction that was previously charged back to the Acquirer and subsequently returned to Sub-merchant, irrespective of cardholder approval, vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt, viii) accept a card to collect or refinance an existing debt that has been deemed uncollectable, or ix) submit a transaction that represents collection of a dishonored check. Sub-merchant further agrees that, under no circumstance, will Sub-merchant store cardholder data in violation of the Laws or the Operating Regulations including but not limited to the storage of track-2 data. Neither Sub-merchant nor its Agent shall retain or store magnetic-stripe data subsequent to the authorization of a sales transaction.
3. Settlement. Upon receipt of Sub-merchant's sales data for card transactions, Acquirer will process Sub-merchant's sales data to facilitate the funds transfer between the various Associations and Sub-merchant. After Acquirer receives credit for such sales data, subject to the terms set forth herein, Acquirer will fund Sub-merchant directly to Sub-merchant's designated demand deposit account ("Sub-merchant-Owned Designated Account") or, at Sub-merchant's request, to a third-party check writer's account.. Any dispute regarding amount of settlement shall be between Paystand and Sub-merchant. Any dispute regarding the receipt of settlement shall be between Acquirer and Sub-merchant. Acquirer will debit the Paystand Reserve Account for funds owed to Acquirer as a result of the Services provided hereunder, provided that Acquirer may also debit the Sub-merchant-Owned Designated Account for funds owed to Acquirer as a result of the Services provided hereunder. Further, if a cardholder disputes a transaction, if a transaction is charged back for any reason, or if Acquirer reasonably believes a transaction is unauthorized or otherwise unacceptable, the amount of such transaction may be charged back and debited from Sub-merchant or the Paystand reserve account.
4. Term and Termination. This Agreement shall be binding upon Sub-merchant upon Sub-merchant's acceptance (by "click through" agreement or otherwise). The term of this Agreement shall begin, and the terms of the Agreement shall be deemed accepted and binding upon Acquirer, on the date Acquirer accepts this Agreement by issuing a merchant identification number and shall be coterminous with Paystand's Terms of Service with Sub-merchant.
Notwithstanding the foregoing, Acquirer may immediately cease providing Services and/or terminate this Agreement without notice if (i) Sub-merchant or Paystand fails to pay any amount to Acquirer when due, (ii) in Acquirer's opinion, provision of a service to Sub-merchant or Paystand may be a violation of the Operating Regulations or any Laws, (iii) Acquirer believes that Sub-merchant has violated or is likely to violate the Operating Regulations or the Laws, (iv) Acquirer determines Sub-merchant poses a financial or regulatory risk to Acquirer or an Association, (v) Acquirer's agreement with Paystand terminates, (vi) any Association deregisters Paystand, (vii) Acquirer ceases to be a member of the Associations or fails to have the required licenses, or (viii) Acquirer is required to do so by any of the Associations.
5. Limits of Liability. Sub-merchant agrees to provide Acquirer, via a communication with Paystand, with written notice of any alleged beach by Acquirer of this Agreement, which notice will specifically detail such alleged breach, within thirty (30) days of the date on which the alleged breach first occurred. Failure to so provide notice shall be deemed an acceptance by Sub-merchant and a waiver of any and all rights to dispute such breach.
EXCEPT FOR THOSE EXPRESS WARRANTIES MADE IN THIS AGREEMENT, ACQUIRER DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Sub-merchant's sole and exclusive remedy for any and all claims against Acquirer arising out of or in any way related to the transactions contemplated herein shall be termination of this Agreement. In the event that Sub-merchant has any claim arising in connection with the Services, rights, and/or obligations defined in this Agreement, Sub-merchant shall proceed against Paystand and not Acquirer, unless otherwise specifically set forth in the Operating Regulations. In no event shall Acquirer have any liability to Sub-merchant with respect to this Agreement or the Services. Sub-merchant acknowledges Acquirer is only providing this Agreement to assist in Paystand's processing relationship with Sub-merchant, that Acquirer is not liable for any action or failure to act by Paystand, and that Acquirer shall have no liability whatsoever in connection with any products or services provided to Sub-merchant by Paystand. If Paystand is unable to provide its services to Sub-merchant in connection with this Agreement and Acquirer elects to provide those services, directly, Sub-merchant acknowledges and agrees that the provisions of this Agreement will no longer apply and the terms of Acquirer's then current Bank Card Merchant Agreement, which would be provided to Sub-merchant, will govern Acquirer's relationship with Sub-merchant. If Paystand subsequently provides its services to Sub-merchant in connection with this Agreement, Acquirer will cease to provide such services after receipt of notice from Paystand and this Agreement will govern Acquirer's relationship with Sub-merchant.
6. Miscellaneous. This Agreement is entered into, governed by, and construed pursuant to the laws of the State of Ohio without regard to conflicts of law provisions. This Agreement may not be assigned by Sub-merchant without the prior written consent of Acquirer. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, transferees and assignees. This Agreement is for the benefit of, and may be enforced only by, Acquirer and Sub-merchant and is not for the benefit of, and may not be enforced by, any other party. Acquirer may amend this Agreement upon notice to Sub-merchant in accordance with Acquirer's standard operating procedure. If any provision of this Agreement is determined to be illegal or invalid, such illegality or invalidity of that provision will not affect any of the remaining provisions and this Agreement will be construed as if such provision is not contained in the Agreement. "Member Bank" as used in this Agreement shall mean a member of VISA, MasterCard and/or Discover, as applicable, that provides sponsorship services in connection with this Agreement. As of the commencement of this Agreement, Member Bank shall be Fifth Third Bank, an Ohio Banking Corporation, located in Cincinnati, OH 45263. The Member Bank is a party to this Agreement. The Member Bank may be changed, and its rights and obligations assigned to another party by Acquirer at any time without notice to Sub-merchant.


text:
Radius Manager is an easy to use user administration and billing solution for Mikrotik, Cisco, StarOS, ChilliSpot and pfSense systems. It can be used with wireless, dialup and cable systems. Radius Manager suports traffic limitation, bandwidth shaping, uptime limitation, date expiration, prepaid and postpaid accounts. Automatic disconnection feature of expired accounts with all supported NAS types. The system supports Unix mailbox synchronization to synchronize the email accounts with RADIUS users. It has a separate control panel for administrators and for regular users. Pro version includes an integrated prepaid card generator. Billing module creates invoices for both postpaid and prepaid users. PayPal, Authorize.net, DPS, Netcash online payment gateways are supported. TCP/UDP connection logger module is available in CTS version.
Back to Development/Web

subset: commoncrawl


text:
We are all at some point led by our inclinations. They are the bases of our morals, and they define who we truly are. 'Echoes of the Inclined' embodies the different inclinations each and every human being has. The anthology expresses concerns, provokes the inclined, strengthens the weak, and tells untold stories through rhyme and rhythm. 'Echoes of the Inclined' is an insightful book of prophecy through poetry. It is an expression of the life I have lived, the obstacles I have faced, the battles I have won, the people I have met and most importantly, an expression of me.
Simply make a direct deposit or EFT for the sum of R129 + R115.00 courier shipping cost into our bank account details: FIRST NATIONAL BANK A/C No: 6 2 2 5 6 5 1 2 6 9 3 A/C TYPE: BUSINESS CHEQUE BRANCH CODE: 2 5 2 6 4 5 BRANCH NAME: MENLYN PARK A/C Name: VERITY PUBLISHERS SMS your payment reference and shipping address to 0730065339 or EMAIL your payment reference and shipping address to email@example.com to receive your order within 5 working days.


text:
Flat Rectangle Tiger Eye pendant 0.6x2x5cm approx. Comes with black waxed cord. Sample photo.
Tiger Eye helps to courageously face difficult life phases, while healing issues around self criticism & self-esteem. This stone allows us to distance one from external influences that overwhelm & assist in decision-making. Tiger Eye is an emotional balancer that lightens depression & lifts mood. It will enhance clear perception & insight, developing connection with personal power & will. Grounds, centers & softens stubbornness. Aids eyes & night vision. Aligns spine, helps diverticular constriction and reproductive system.


text:
My entry for this week's photo challenge: Room
My Neighbor's Room
While I was watering my plants this morning I saw this little room made of curled ginger leaf. I looked closely and there I saw my hairy little neighbor. She stands guard over her eggs covered with silk, sheltered and protected by this little round green room against too much heat, wetting, and predators.
Location: Toril/ Habitat: Garden/ Order: Araneae/ Common Name: Jumping Spider


text:
Tabaresi's argumentation or Al-Ehtejäj Alä Ahle Al-lejäjفارسی English 2008 Views |
در این متـن میخوانـــیم :
It is a "theological" (kalämi) book, from the first half of six century A.H. in Arabic. It is one of the shi'a valid books that is famous to Ehtejäj Tabaresi and includes the multitude of benefits. Its author (by the name of) Abu Mansur Sheikh Ahmad Ibn Ali Ibn Abi Täleb Tebaresi is one of the authentic "traditionists" (mohaddesin) and great scholars of the first half of sixth century. This book is about the Islam prophet (p.b.u.h.), shi'a Imams' argumentations and debates, reasoning of some Imams' Companions against opponents, different individuals, non-####Islamic religions followers toward Islam religion's principles and "branches" (forro') and religion of Twerler shi'ism. Also in the last part has been printed some corresponding of "Imam of the Time" (Imam of Zamän) p.b.u.h. in the time of "minor occultation"(gheybat soghrä) to the Imam's "Representatives"(navväb) and also mentioning some of letters by the Imam to some of scholars. Another name of "Ehtejäj" is "Al-Ehtejäj Alä Ahle Al-Lejäj" that apparently is the name that named by others and has not stated in author's foreword.
The author's motive for writing:
The author has stated that his motive for writing of this book was that to collect the "traditions" (Hadiths) that in them, has been cited the argumentations of religion leaders till by this way to prove that forbidding from "agrgumentation" (ehtejäj) for proving the "truth"(hagh) and rejecting the "Untruth"(bätel) is only for the people who could not defend of religion and beliefs, not for the prominent and capable people. In the preface of the book he says: what made me to compile this book was that: I saw some of Imamism shi'as extremely have avoided of argumentation and did not debate or dispute, even though it be the right and says this duty is not allowable on us. Therefore I decide to compile a book that including shi'a, great men and shi'a Imams' reasonings and argumentation, mentioning the verses and traditions that order the Muslims to the argumentations and "good argumentation"[the argumentation without any conflict] till to prove that forbidding about this case is only limited to the "ordinary people" (weak, not capable and ignorant people) who fail to doing it well, not for the prominent and wise people who can prove the right well and have caused their sublimity.
The author's brief biography:
Sheikh Ahmad Ibn Ali Ibn Abi Täleb Tabaresi, his patronymic "Abu Mansur" is the scholar, "jurisconsult"(faghih), "theologian"(motekallem), great "traditionist"(mohadeth) and shi'a authentic in the first half of 6 century A.H. His birth and death date is unknown, only by evidences, by Allame Seyyed Mohammad Bahr Al-oloom's word, by comparing birth and death of his contemporaries and students, consider him one of the man who lived in sixth A.H.. His nationality is Iranian and some consider him inhabitants of Tabaristan and some other considers him inhabitants of Tabaris, the same Tafresh. He has been trusted by great men such as: Shahid Awwal, Shaikh HorrAmoli, Seyyed Mohammad Bahr Al-Oloom and Khänsäri the author of "Rozat Al-Janät" who commended him to the attributes such as: knowledgeable scholar, "jurisconsult"(feghih), "traditionist"(mohaddes) and have said he is one of the great friends of predecessors. One of his famous students is Ibn Shar Äshub the great scholar of sixth century A.H. He is contemporary with Abul Fotuh Razzi and Fazl Ibn Hassan Tabaresi, the author of Majma' Al-Bayän commentary.
The book's structure and division:
-Preface that includes: the news about forbidding from the dispute, debate and blaming it, the motive of compiling this book.
- The Ma'sor argumentations and reasonings by the prophet Mohammad, Imam Ali and other Innocent Imams(p.b.u.th). [Masor means: the traditions or news that quoted by Fourteen Innocent Ones p.b.u.th]. About principles and "branches" (forro') of Islam religion, shi'a religion of Ja'fari "rightful"(haghghe) with different and opponent individuals
- Mentioning the event of "Pond of Khumm" (Ghadir Khummm), the adventure of Fadak, the argumentation of Imam Ali, Fatimah Zahra (p.b.u.th) and other Companions (and the prophet's "sermon"[khotbe] in "Ghadir"[pond]).
-The argumentations of Imam (p.b.u.h) with Muawiyah, people of Syria, Kharijites and violators of the covenant with him
-In the last part, the argumentations of "the Lord of the Time"(the twelfth Imam) (p.b.u.h.), his correspondences in the time of "minor occultation"(gheybat soghrä) with "Four Representatives"(navväb arba'e), the Imams letters in the time of "major occultation"(gheybat kobra).
"Argumentation"(Ehtejäj) book from the viewpoint of authorities:
Mamghäni in Tanghih Al-Maghäl by sheikh Horr Ämeli's word said: the book of Tabaresi's Argumentation is a good book that has been compiled in the field of debates with the opponents and has a lot of benefits. Alläme Seyyed Mohammd Bahr Al-Oloom has useful discussion in his preface about Ehtejaj and its importance.
1- Those who have attributed the compiling of this book to the "Fazl Ibn Hassan Tabaresi, the author of Majma' Al-Bayän, have made mistaken. This mistake is due to the common family name of Tabaresi.
2- Most of the traditions (Hadiths) and news of the book are in the form of "Loose tradition" (Morsel) - (without complete series of documents). It is because of these "traditions"(Hadiths) either are in agreement with "judgment of intellect"(hokme aghl), or are "widely transmitted" (moteväter), or there is a "consensus"(ejmä) about them and or in different biographies, the books against shi'a and agreeing with shi'a are famous. But, because the subject that has been cited by Imam Hasan Askari (p.b.u.h.) is not enough well-known to the other traditions, therefore, has been stated with one document (such as: aforesaid news in Imam Hassan Askari's commentary).
Printing and publishing:
This work has been often printed exquisitely with margins and footnotes in Iran, Iraq, and Lebanon. In the time of Shah Tahmäsp Safavid has been translated into the Persian by Ali Ibn Hossein Zaväri Isfahani, one of the Shi'a scholars in the first half of tenth century A.H. and was printed by the name of "Kashf Al-Ehtejäj". (Persian encyclopedia). Another detailed translated by the effort of "Päkat-chi" has been printed and published in Tehran by Nezäm Al-din Ahamd Ghafäri Mäzandaräni, one of the scholars in tenth century A.H. The last printing of the book, has been done by the effort of Ibrahim Bahädori and Mohammd Hadi under the supervison of Ja'far Sobhäni in 1903 A.D.(1413A.H.).
1- Ehtejäj (Ibrahim Bahädori, etc).
2- Shiism encyclopedia
3- Reyhänat Al-Adab
4- Islamic Iranian old works
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UV9257U – Multilevel and Longitudinal Modeling
Course description
Schedule, syllabus and examination date
Choose semester
Course content
Update 21 April 2020: cancelled spring 2020 due to corona virus restrictions
Welcome to this 4 day PhD-course lead by Professor Sophia Rabe-Hesketh, University of California, Berkeley, and Professor Anders Skrondal, CEMO & Norwegian Institute of Public Health & University of California, Berkeley.
The short course introduces models for multilevel or clustered data, such as cross-sectional data with students nested in schools, or longitudinal data with repeated measures/panel waves nested in subjects. Models and concepts are introduced via examples from a variety of disciplines, equations and illustrative graphs, keeping the mathematics as simple as possible (avoiding matrix algebra and calculus). However, the course covers many topics and may be conceptually demanding. Software is not discussed, but the handouts include Stata commands for all the results that are presented and the data are available online. The short course is based on successful semester-long graduate-level courses by the presenters at Berkeley and London School of Economics.
- Rabe-Hesketh, S. and Skrondal, A. (2012). Multilevel and Longitudinal Modeling Using Stata (3rd Edition). College Station, TX: Stata Press →Vol. 1 on "Continuous Responses" is sufficient together with Chapter 10 on "Dichotomous or Binary Responses" from Vol. 2: http://www.stata-press.com/books/mlmus3_ch10.pdf
- Snijders, T.A.B., and Bosker, R.J. (2011). Multilevel Analysis. An Introduction to Basic and Advanced Multilevel Modelling (2nd Edition). London, Sage.
Learning outcome
Part 1 of the course covers linear multilevel models for continuous responses, including random-intercept, random-coefficient, and three-level models. (Restricted) maximum likelihood estimation of model parameters and empirical Bayes prediction of random effects are introduced at a non-technical level. Part 2 focuses on longitudinal data analysis, starting with application of random-coefficient models for growth, contrasting this approach with marginal modeling and giving a brief overview of methods from panel data econometrics. Part 3 introduces multilevel logistic regression for binary responses.
By the end of the course, they should have an understanding of the model assumptions, be able to choose an appropriate model for a given situation and interpret the parameter estimates.
Ph.d.-students from the Faculty of Educational Sciences at the University of Oslo apply through Studentweb.
All others can apply through Nettskjema.
Registration deadline: May 15
Limited number of Places
Recommended previous knowledge
Prior to the course, participants must be familiar with linear and logistic regression.
Outline of Topics
Part 1: Linear mixed models
Variance-components models
Random-intercept models
Predicting random effects
Random-coefficient models
Three-level models
Part 2: Longitudinal data analysis
Longitudinal data
Growth curve models
Marginal models
Panel data econometrics
Part 3: Multilevel models for binary data
Review of multiple logistic and probit regression
Multilevel logistic models
Estimation and prediction
To see the schedule, please see the semester page.


text: President Denktash addresses supporters at a pre-election rally The parliamentary polls, officially recognised only by Ankara, are widely seen as a referendum on veteran Turkish Cypriot leader Rauf Denktash and his rejection of a UN plan to reunify the island after nearly three decades. "This is not going to be a race between parties... It's going to be a referendum between those who want a settlement and those who don't," said prominent local businessman Fikri Toros. The result could determine whether Turkish Cypriots cast off their internationally imposed isolation and join the EU next year in a federation with their Greek-speaking compatriots, or hunker down in the hope of an eventual two-state solution. The EU has sent a clear message to Turkey that its chances of starting full accession talks with Brussels after a review of reforms late next year will be seriously damaged if Ankara fails to push the Turkish Cypriots to a prompt deal. Unpredictable race With no independent opinion polls the result is hard to predict, although many local observers suggest the opposition parties have a good chance of shaking the coalition government's current hold on two-thirds of parliamentary seats. Denktash's position as president of the enclave of 200,000 people, which survives international sanctions with an economic lifeline and military backing from Turkey, is not up for grabs. "There is a way to the EU with our head held high" Turkish Cypriot President Rauf DenktashBut the three main anti-Denktash parties say they will replace him as negotiator and push urgently for a settlement that could take the north into the EU as part of a reunited Cyprus, rather than leaving it in the cold when the Greek Cypriot government joins the affluent bloc next May. Talks on a UN blueprint for reunification, envisaging a loose federal state with broad autonomy for the two communities, collapsed in March when Denktash flatly rejected it. "There is a way to the EU with our head held high. That is once our status has been made certain," Turkey's Anatolian news agency quoted Denktash as saying on Saturday in a final show of support to the two government parties backing him. "Those who do not accept our status today will crush us into dust tomorrow inside the EU." Just over 140,000 people are eligible to vote for the 50-seat legislature, based in a former cigarette factory in the northern part of Nicosia, Europe's last divided capital. The three main opposition parties say they will oust DenktashObservers Polls open at 0600 GMT, with initial results expected by 17:00 and final provisional results by 22:00. Only Turkey has sent official observers but non-governmental groups from several countries, including Britain and Norway, are present and Western diplomats are keeping an unofficial watch. The opposition accuses the government of trying to sway the vote by rushing through citizenship for thousands of mainland Turks who have settled since 1974, when Turkey invaded after a Greek Cypriot coup backed by the junta then ruling Greece. The government says only genuine claims were approved. The number of mainlanders on the electoral roll remains secret. Many mainland Turks fear they will be thrown out of Cyprus if the island is reunited, while Denktash and his allies say a single Cypriot state would erode Turkish Cypriot rights. But many Turkish Cypriots are tired of isolation, and are hungry for the economic opportunities presented by the EU. SOURCE: Reuters


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It's been a while since I've posted but I'm back! When offered the opportunity to partner with Banana Republic, I just couldn't resist- mainly because I shop there so much as a law student- they have the perfect pieces that take me from school, work, or studying!
There's nothing like a classic floral dress to transition from summer to fall. This printed maxi is the perfect length for petites and the necktie detail is so trendy! (not to mention it has pockets!)
The colors are easy to wear at work or on the weekends, not to bright but not too dark… so you can't really go wrong here.
I also love how light and flowy the dress is, it makes it perfect for layering when the weather cools down and would look great with a leather jacket or high boots!
And this bag- I mean, can we just take moment and admire how amazing the color and details are? As someone who loves designer handbags, this bag looks and feels like it would have cost a thousand bucks.
But it's less than $100 because IT'S ON SALE (so get it now, with promo code: FALL40) ! I love the faux ostrich skin look, and the giant buckle detail.
It's so on trend with fall- especially since yellow was trending all over the catwalks for this season!
You can wear the purse cross body or tuck the chain inside! It's the perfect micro bag that makes a bold statement! Not to mention it also comes in a dreamy olive color as well.
Photography by : Kevin Gates
Thanks for reading guys!
Thank you to Banana Republic for sponsoring this post!


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The Foundation for the Advancement of Liberty, in collaboration with the Universidad Autónoma de Chile, proudly presents its ambitious research project WEFI 2018. These initials stand for World Electoral Freedom Index. In its first edition, the index ranks 198 countries. Directed by professor José Antonio Peña, this index benefits from scientific advice by fourteen professors and specialists in nine countries.
Aim and methodology. WEFI aims at determining the degree of freedom enjoyed by the elector in each of the countries studied. In order to provide a score and rank for almost two hundred countries, over fifty key indicators have been taken into account. In this way, the main index is made up of four sub-indices:
Political Development Index (PDI)
Active Suffrage Freedom Index (ASFI)
Passive Suffrage Freedom Index (PSFI)
Elector Empowerment Index (EEI)
Publication content. Together with an extensive report provided by the author and his team, this publication includes a preface by prestigious writer Carlos Alberto Montaner, the Foundation's honorary president. This institution's secretary-general, Juan Pina, as well as professor Rodrigo Ubilla Mackenney, dean of the Faculty of Social Sciences and Humanities at Universidad Autónoma de Chile, both contribute their reflections as well. Together with the main ranking, continental maps of electoral freedom are featured, as well as the tables for each of the sub-indices and an alphabetical list of countries with their main and secondary ranks and score.
Presentation events. WEFI 2018 shall be presented through several events in Spain, Chile and other countries. We shall inform on this page. The first upcoming presentation event is:
WEFI 2018 presentation
Centro Riojano de Madrid, conference room "La Lengua"
Calle de Serrano, 25, 28001 Madrid, Spain
Monday, January 15th 2018 at 18:30 hours
Free access with no need to register in advance
Juan Pina, Foundation Secretary-General
Iván Suazo, Vice-President, Universidad Autónoma de Chile
José Antonio Peña, author and director, WEFI 2018
Are you interested in a WEFI 2018 presentation event in your university or institution?
Please contact us at firstname.lastname@example.com
Second edition. Research work for WEFI 2019 shall begin in February 2018. The Foundation appreciates comments and suggestions from the Social Sciences academic community.
Document download. The full document (bilingual in English and Spanish) may be opened by following the link below. Once open, you may use your browser's download options.
In collaboration with:


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Hey everyone I'm back with episode 5's blog. Now this week starts out after Dustin Pague's win and us going back to the locker room and Diego Brandao is freaking out yelling that he is is going to knock my head off and a bunch of stupid [expletive] because he knew we were supposed to be fighting next and he was pissed off already about his team being down 4-0.
But then Mayhem comes to the house and pulls me aside and let's me know that they wanted to switch my match and let Dustin Neace fight next which I was happy with but I told him he was the coach and he makes the decision and it was my job to do what he says.
The fight picks were a few days later and you see Taz, Prince and T.J. took Neace's new cowboy hat that he was extremely excited that he got from Mayhem, and what they didn't show was Neace found the hat outside on the back porch with poop inside his hat.
Obviously he thought Akira Corassani was screwing with him again so he freaked out and grabbed all of Akira's stuff, ruined it and put it inside of a garbage sack and also threw his gear all over Team Bisping's locker room.
Fight pick
The fight pick was going to be Neace vs Akira the whole time but we were planning on tricking the other team by calling my name first, then have Neace step up and say he wanted to fight instead even before that craziness happened in the back. But since it did happen it made it look even more real to the point that my team believed I was still supposed to fight.
During the stare down between Akira and Neace, Akira got up in Neace's face and head butted him which ticked Dustin off and as you saw the scuffle happened. Some of the people tried to break it up but Coach Parsons thought Bisping was being too rough with Neace which got him to yell at Bisping and Bisping then pushed Parsons which ticked off Mayhem and it was very dramatic as you saw, but still pretty funny.
The Fight
Neace vs. Akira was a very back and forth first round where both landed some strikes. But Akira got on top and controlled for a bit until Neace pulled off the ankle lock, which I still believe Akira tapped. That led to Neace letting up on the ankle lock and then Akira regretting the tap so he kept going.
But either way it was a close round that I thought should have went to Neace. The second round was Akira controlling the Octagon and eventually dropping Neace and winning the second round.
The score cards came and gave Akira a majority decision win. After the fight Akira being typical Akira showboated and acted as if he was shooting a machine gun at Neace which lead to some more drama and eventually got Akira threatened by the Nevada State Athletic Commission (NSAC) to kick him off the show.
Next week as you see it is me vs. Diego and you finally get to see me fight again so make sure you tune in next week. I also want to give a thanks to MMAHQ.com for the gear they have supplied me with, and thanks to everyone who has been reading my blogs.
"Super" Steven Siler's TUF 14 blog is posted exclusively on ProMMAnow.com (www.prommanow.com) following each Wednesday night's episode of The Ultimate Fighter: Team Bisping vs. Team Miller on Spike TV. Fans can follow Steven on Twitter @SteveSiler and on his Facebook page.


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Game Day Information
Currently daily parking is free. Lot recommendations for athletic events are specified as follows:
Basketball- Lots A, B, and C
Soccer- Lots H and I or along the Soccer Field
Fan Code of Conduct
The CCCAA (California Community College Athletics Association) Decorum policy is in effect at any community college event, which is sanctioned by the state office. Please be respectful and courteous to each other.
The CCCAA strongly encourages all participants and fans to avoid using profane language, taunting opponents and fans, or making inappropriate gestures or non-verbal signs to opposing teams, players, and fans.
In addition, any non-credentialed person that comes into the playing surface will be immediately escorted out of the venue by security.
Those violating the CCCAA decorum policy will be warned and any continued violations will result in ejection from the venue.
Single game tickets are available for purchase at the gate of each home contest. Entrance to all athletic events is always free for WHCCD students with valid student ID.
Game Programs
Game programs are available at each home contest, costs will vary.
Concession offering a variety of food and drink options is available for fans at all Basketball home games.
For more information, please contact the Athletic Department at (559)925-3313 .


text:
The unique and royal blue and purple tones of tanzanite earrings is a beautiful addition to any jewellery collection.
Choose from classic designs to luxurious one-of-a-kind earrings to adorn your ears. The vivid colour of the royals can be yours to wear at a very affordable price. Complement with one of our equally stunning tanzanite rings or necklaces, to achieve the perfect combination suited to your individual style.
Our exquisite tanzanite stud earrings exude grace and elegance in their design making them the perfect addition to any formal outfit. Showcase your opulent side with lustrous deep blue tanzanite gemstones, circled with sparkling diamonds.
As one of the most sought after gems in the world, a pair of tanzanite earrings will make you feel like a star. Shop the full collection of tanzanite jewellery online or instore today.


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i want to build zxing.net.mobile-1.4.2 sample in xamarin studio but when i compile it, i get the following error:
Error XA5207: Please install package: 'Android Support Library' available in SDK installer. Java library file support/v4/android-support-v4.jar doesn't exist. (XA5207)
also i already downloaded 'Android Support Library' in to Android sdk manager!!!
Can anyone help me???
Excuse for bad english.
Anyone can help me????
Verify the Android SDK location in the Project options? Confirm you have revision 19.0.1 of the Android Support Library within the Android SDK manager launched from Tools>Open Android SDK Manager?
Thanks JaredBagley for replay,
I have android support library with revision 19 but sdk manager has't any downloadable library for 19.0.1 revision.
Maybe it would help if you uploaded a screenshot of your SDK Manager. Mine looks like this:
In the getting started for android it says:
You must also add a reference to the Component Android Support Library v4 https://components.xamarin.com/view/xamandroidsupportv4-18 from the Component Store.
Did you add this component? If so make sure the reference was added in correctly, you might have to remove the component and re-add it. Also make sure that the folder name isn't too long either as on Windows you can run into a long folder name issue.
The problem was't solved,please help me!
Don't know if the problem for you is the same that we had few weeks ago, but if the path is too long it won't be able to load the jar file. Moving project to root directory solved it.
Thanks Steva,I moved the sample to C:\ but problem still exist.
@s.mahdihossaini after you moved it to C:\ can you delete the Components folder and then re-open the solution? This will re-download and extract the components. The support libraries no longer require you to have them downloaded via the Android SDK manager as we include them in the component so the versions always match.
Thanks JamesMontemagno,i will test it.
No,It did not worked.
Where do I put this library??
Is there any other way to solve this problem????
I have the same issue, did you solve the problem?
No, the problem still exist.
what is your mono android version??
anyone got solution to this issue.
my xamarin.android version is 4.8 is this an issue????
please reply
I have the same problem in Xamarin.Android 4.8, any solution to it?
I switched to beta channel and it's working now, I think it's a problem with the Android 4.8 update
Hi guys,
I also got same problem. Is anyone already got the solution?


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Even the simplest of smart phone apps can be a challenge to give a compelling UI regardless of the platform. Windows Phone and XAML are no exception. That is what got my interest in this session by Shawn Oster. He took a checklist type approach to the subject is good considering that is about the only way that many us get things done.
Shawn started out giving us a set of bad design/good design examples. They very effectively showed how good design gives a sense of professionalism to your app that could determine if your wonderful idea actually makes money is DOA.
I won't go over all his points since you will be able to get the session online, but a few of his checklist points included design from the beginning instead of as an afterthought, not being afraid to leave white space and making sure your application elegantly supports both landscape and portrait modes. The many gems make this a must watch for any developers who struggle with visual design.
Print | posted on Thursday, June 27, 2013 4:54 AM
Tim is a Solutions Architect for PSC Group, LLC. He has been an IT consultant since 1999 specializing in Microsoft technologies. Along with running the Chicago Information Technology Architects Group and speaking on Microsoft and architecture topics he was also contributing author on "The Definitive Guide to the Microsoft Enterprise Library".


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Facebook is rolling out new privacy settings that it first began talking about in July. The company is holding a press conference this morning to walk us media types through the change, but here's the main thing every Facebook user ought to know: Facebook wants users to share as much about themselves–with everyone on the Internet–as they can.
Here's a screenshot of the new privacy settings menu Facebook presented to me today. Note that the default settings for most of my data are set to "Everyone" (click image to enlarge):
But what does "Everyone" actually mean? It means anyone with access to the Web. But you'll need to read the fine print below the settings to figure that one out:
Important note: Facebook says these settings won't be the default for anyone under age 18, and that kids will be prevented from sharing much of their information outside of Facebook. The company also says that users who have tweaked their privacy settings in the past will find those settings as the default when they first visit their privacy page. The majority of users, though, will end up with the "Everyone" default.
That said, the "share everything with everyone" strategy is a crucial part of Facebook's effort to supplant Google (GOOG) as the Web's key data repository. And I don't have a problem with it, in theory: Like Eric Schmidt (and Scott McNealy before him), I don't think there's much privacy on the Web to begin with. Still, even though people don't tend to behave as if privacy is important to them on the Web, they certainly like to complain about it.
And for what it's worth, I have gone ahead and deselected the "Everyone" option for my stuff. If you want to see video of my toddler toddling, you're going to have to be one of my 466 "friends."
My bet: Facebook is going to end up hearing from all sorts of folks who didn't realize they're sharing everything with "everyone" and are now upset about it. And I think Facebook will end up by changing its default settings sooner than later.


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We chose a familiar place for dinner last night, though, because we remembered eating well there ten years ago. Natalie Sellers, the chef-proprietor, definitely has both chops and discrimination, having done her time in the San Francisco Bay area — with Jeremiah Tower at the old Stars, among other assignments.
I had the roast pork tenderloin you see here: pork from Niman Ranch, brined before roasting, cooked to just the right degree, and served with carrots and apples, mashed potatoes, and a nice green tomato chutney. No gloppy gravy; just the clean flavors of the main ingredients.
Dessert was a very nice fig cake, moist and nutty, with a well calculated cream-cheese royal icing that didn't dominate the dish, and a nice, smooth vanilla ice cream. Yes; we'll go back here…
with the dessert, a nice Oloroso
LUNCH TODAY was in another familiar setting, a soup-sandwich-pasta breakfast-lunch-and-dinner spot popular with the locals. Here, though it was noon and lunchtime, facing the long drive home, I fortified myself with steak and eggs — a small New York steak, tender and decently flavored, and two eggs over easy. With hash browns, of course.
• 4th Street Bistro, 3065 W 4th St, Reno; (775) 323-3200
• Stone House Cafe, 1907 S Arlington Ave, Reno; (775) 284-3895
☛Restaurants visited in the last year are listed at Eatingday's Restaurants