Rocket ATM Online Services Agreement

Terms & Conditions

Welcome to Rocket ATM! Use of this site is subject to the terms and conditions contained in the Rocket ATM Online Services Agreement (the "RAOSA") set forth below. In continuing to setup an ATM and access or use our site for ATM processing services and ongoing ATM management, you agree to be bound by those terms and conditions within the RAOSA applicable to your use.

We are now asking you to confirm that you have read the RAOSA by clicking "I agree" or "Continue" at the bottom of the page.

CONSENT TO ELECTRONIC RECORDS AND SIGNATURE

The RAOSA, other online agreements, and our Web site include important disclosures and information that are associated with RAOSA. From time to time, Rocket ATM may ask you to review other important disclosures or agreements about a Rocket ATM service. We refer to all of these items as "Records and Disclosures".

When you click "I agree" or "Continue", you will be consenting to electronic delivery of the RAOSA and the Records and Disclosures in HTML format. To access, retain, and print the RAOSA and other Records and Disclosures, you should use Microsoft Internet Explorer 7.0+, Firefox 3.0+, or Safari 3.1.2+, at a screen resolution of 1024x768 (or higher). We also recommend a minimum modem connection speed of 56Kbps and that you enable JavaScript and Pop-ups in your browser's settings.

By clicking " I agree " or "Continue" you will also be providing your electronic signature that will affirm:

•             You understand and intend that the RAOSA is a legally binding agreement and the equivalent of a signed, written contract.

•             You will use all Rocket ATM Services, and our Web sites generally, in a manner consistent with applicable laws and regulations and in accordance with the terms and conditions of the RAOSA and any other applicable Rules, Guidelines or other conditions that govern the use of a particular Rocket ATM Service as they may be amended by Rocket ATM from time to time.

•             You understand, accept, and have received the RAOSA and its terms and conditions, and acknowledge and demonstrate that you can access the RAOSA and other Records and Disclosures on our Web site.

If you do not agree with the terms and conditions in the RAOSA, please exit the registration process. You should be aware, however, that the use of any Rocket ATM Service, including our Web site, is subject to the terms and conditions of the RAOSA. This Agreement will always be available for your review as a link at the bottom of the Rocket ATM.com home page. If you click " I agree " we will create an electronic record of your agreement and you will be able to continue with the registration process. Please carefully review the following terms and conditions.

SCOPE OF THE RAOSA

Rocket ATM, Inc ("Rocket ATM," "we" or "us") operates the Rocket ATM Services, either alone or in conjunction with its affiliates, agents and partners. The Rocket ATM Online Services Agreement ("RAOSA" or "Agreement") applies to Rocket ATM's Web sites and Rocket ATM processing services, other electronic channels as described below, and electronic content, services and tools. This includes tools, and other services or forums, as well as any features or content we may add in the future. We refer to all of the above as "Rocket ATM Services." This Agreement applies to all Rocket ATM Services regardless of the means by which you access such Rocket ATM Services. Rocket ATM Services may be offered on the Rocket ATM.com domain as well as on other Internet domains operated by our agents or alliance partners. In addition, Rocket ATM Services may be available through other computer, telephonic, email or wireless services or systems, including Rocket ATM's proprietary software and any other computer, telephonic or wireless service or information system Rocket ATM makes available to you, including successors to the systems described above.

We may also ask you to follow additional rules, guidelines or other conditions that govern the use of a particular Rocket ATM Service ("Rules and Guidelines") at the time you register for or use that Rocket ATM Service. The RAOSA incorporates by reference the Rules and Guidelines of any Rocket ATM Service for which you register.

REVISIONS AND RELATION TO OTHER AGREEMENTS OR DISCLOSURES

Rocket ATM may revise the RAOSA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the Rocket ATM.com login page periodically to review the most current terms and conditions. Rocket ATM may also offer other services from time to time that are governed by different or additional terms and conditions. Rocket ATM Services are subject to any disclosures or disclaimers found within the Rocket ATM Services.

REGISTRATION INFORMATION, PRIVACY AND PERSONALIZATION

When you register for a Rocket ATM Service, we may ask you to give us certain identifying information ("Registration"). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from Rocket ATM for any purpose. We agree to treat with care the information you entrust to us, in accordance with the disclosures we give during the registration process and in our Privacy Policy.

For your protection and the protection of our other customers and Web site users, we ask you not to share your Registration information (including passwords, User Names, and screen names) with any other person for the purpose of facilitating their access and unauthorized use of Rocket ATM Services. You alone are responsible for all transactions initiated, messages posted, statements made, or acts or omissions that occur within any Rocket ATM Service through the use of your Registration information.

Rocket ATM may offer you the opportunity to personalize a Rocket ATM Service or your online experience. While certain personalization features can provide a more convenient way to access the data and features most relevant to you, be aware that "cookies" and other similar identification techniques are used to associate you with the computer or electronic device that you are using. If you access Rocket ATM from a public location or if you otherwise share a computer or electronic device, some personalization features could reveal non-public personal information about you to others. You alone are responsible for deciding whether a particular personalization feature is appropriate for you and for any consequences that result from your decision.

UNAUTHORIZED USE OF YOUR REGISTRATION

If you believe that someone has used your Registration information to access any Rocket ATM Service without your authorization, please call Rocket ATM immediately at (678) 444-4286.

ROCKET ATMS LICENSE TO YOU

Rocket ATM grants you a single, non-exclusive, non-transferable and limited personal license to access and use the Rocket ATM Services. This license is conditioned on your continued compliance with the terms and conditions in the RAOSA.

YOUR LICENSE TO ROCKET ATM

Unless otherwise indicated for a particular Rocket ATM Service, any communications or material of any kind that you email, post or otherwise transmit through the Rocket ATM Services, including data, questions, comments, or suggestions (your "Communications") will be treated as non-confidential and non-proprietary. You hereby grant a license to Rocket ATM to reproduce, disclose, transmit, publish, broadcast, or post your Communications either on the Rocket ATM Web site or elsewhere with no liability or obligation to you. Rocket ATM is free to use any ideas, concepts, know-how, or techniques contained in your Communications for any purpose including, but not limited to, developing and marketing products using such information.

USE OF THIRD PARTY SERVICE PROVIDERS

Rocket ATM may use third party service providers to assist in providing certain Rocket ATM Services with or without notice to you (each, a "Third Party Service Provider"). Rocket ATM may also change Third Party Service Providers or may itself provide a Rocket ATM Service without the assistance of such third party. You consent and authorize Rocket ATM to delegate the authorizations you provide to Rocket ATM to its Third Party Service Provider(s) as Rocket ATM deems necessary or desirable to provide the applicable Rocket ATM Service to you. You agree that the terms and conditions of the RAOSA, including any of the other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement, inure to the benefit of such Third Party Service Providers and such Third Party Service Providers are deemed to be third party beneficiaries of the RAOSA, including any other terms, conditions, warranty disclaimers and liability disclaimers incorporated into this Agreement. You also agree that all references to "Rocket ATM" within the RAOSA and any incorporated terms are also deemed to include, where applicable, Rocket ATM's agents, such as the Third Party Service Providers.

To protect the privacy and security of your personal information, Third Party Service Providers will only be authorized to use or maintain your personal information only in accordance with Rocket ATM's privacy policy.

NOTICES, COMMUNICATIONS, AND ELECTRONIC SIGNATURES

You agree to accept all communications from us regarding use of the Rocket ATM Services at the addresses you provide during Registration. Please promptly update any changes to your registration information by using the "My Profile" link associated with each Rocket ATM Service. Rocket ATM is entitled to rely on the email address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or U.S. mail address. From time-to-time we would like to send you information about Rocket ATM products and services. If you register for a Rocket ATM Service, you are granting Rocket ATM permission to communicate with you by email. You can opt not to receive such information from us in the future by following the instructions in any email that we send to you.

You agree to be bound by any affirmation, assent or agreement you transmit through the Rocket ATM Services you access by computer or other electronic device, including internet, telephonic and wireless devices, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, when in the future you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

USE OF ROCKET ATM SERVICES

The following requirements apply to your use of all Rocket ATM Services:

•             You will not use any electronic communication feature of a Rocket ATM Service for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful.

•             You will not upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights.

•             You will not use any Rocket ATM Service for any commercial purpose not expressly approved by Rocket ATM in writing. You will not upload, post, email or otherwise transmit any advertising or promotional materials, including without limitation, "junk mail," "surveys," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or unauthorized communication.

•             You will not upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment.

USE OF ACCESS DEVICES

With the exception of applications commonly known as Web Browser software, or other applications formally promoted, endorsed or approved by Rocket ATM in writing, you agree not to use any software, program, application or any other device to access or log on to any Rocket ATM Service, including Rocket ATM's computer systems, Web site or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any Market Information or any other content to or from any Rocket ATM Service, including Rocket ATM's computer systems, Web site or proprietary software.

SECURITY OF DATA TRANSMISSIONS AND STORAGE

Electronic (including wired and wireless) communications through the Rocket ATM Services may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Rocket ATM or between you and other parties.

MONITORING BY ROCKET ATM

Rocket ATM, its affiliates and agents are entitled, but not obligated, to review or retain your Communications. We and our Third Party Service Providers may monitor your Communications to evaluate the quality of service you receive, your compliance with the RAOSA, the security of the Rocket ATM Services, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Rocket ATM or its Third Party Service Providers monitor your Communications and enforce or fail to enforce the Rules and Guidelines of any Rocket ATM Service and the terms of the RAOSA. In no event will Rocket ATM or its Third Party Service Providers be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

HYPERLINKS

Rocket ATM may make available links from a Rocket ATM Service to other, third party sites or electronic services providers that are not affiliated with Rocket ATM. Rocket ATM does not control these other sites or services, and Rocket ATM makes no representations or endorsements whatsoever concerning those sites or services. The fact that Rocket ATM has provided a link to a site is not an endorsement, authorization, sponsorship, or affiliation with respect to such site, its owners, or its providers. There are risks in using any information, software, service or product found on the Internet, and Rocket ATM cautions you to make sure you understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet. You agree that under no circumstances will you hold Rocket ATM liable for any loss or damage caused by use of or reliance on any content, goods or services available on other sites.

DISCLAIMERS OF WARRANTIES

ALTHOUGH ROCKET ATM TRIES TO PROVIDE ACCURATE AND TIMELY INFORMATION THROUGH ITS ROCKET ATM SERVICES, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. ROCKET ATM RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE. THE INFORMATION PROVIDED THROUGH THE ROCKET ATM SERVICES IS PROVIDED "AS IS" AND "AS AVAILABLE." ROCKET ATM DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED IN THE ROCKET ATM SERVICES. ROCKET ATM PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. ROCKET ATM EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION CONTAINED IN THE ROCKET ATM SERVICES. ROCKET ATM MAY CHANGE INFORMATION CONTAINED IN THE ROCKET ATM SERVICES AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE ROCKET ATM SERVICES. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE ROCKET ATM SERVICES.

FURTHER, ROCKET ATM MAKES NO WARRANTIES REGARDING THE ROCKET ATM SERVICES. ROCKET ATM AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ROCKET ATM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROCKET ATM OR THROUGH OR FROM THE ROCKET ATM SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

LIMITATION OF LIABILITY AND INDEMNIFICATION

YOU AGREE TO INDEMNIFY AND HOLD ROCKET ATM AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS' FEES, MADE BY ANY PERSON ARISING OUT OF YOUR VIOLATION OF THIS AGREEMENT, STATE OR FEDERAL SECURITIES LAWS OR REGULATIONS, OR ANY OTHER PERSON'S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ROCKET ATM OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY ROCKET ATM SERVICE, EVEN IF ANY SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL ROCKET ATM OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TORT, CONTRACT OR ANY OTHER LIABILITY ARISING IN CONNECTION WITH THE USE OF A ROCKET ATM SERVICE, OR RELIANCE ON ANY INFORMATION OR SERVICES PROVIDED BY ROCKET ATM. ROCKET ATM AND ITS THIRD PARTY SERVICE PROVIDERS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU AND/OR ANY THIRD PARTY, REGARDLESS OF THE FORM OF ACTION, FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER, EVEN IF ROCKET ATM OR ITS THIRD PARTY SERVICE PROVIDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE ROCKET ATM SERVICES; (ii) THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS OR PERSONALIZATION SETTINGS; (iii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE ROCKET ATM SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE ON THE ROCKET ATM SERVICES; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY, EVEN IF THE THIRD PARTY HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (vii) ANY OTHER MATTER RELATING TO THE ROCKET ATM SERVICES. YOU AGREE THAT YOU WILL NOT IN ANY WAY HOLD ROCKET ATM RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES (INCLUDING THIRD PARTY SERVICE PROVIDERS) IN CONNECTION WITH THE ROCKET ATM SERVICES.

Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability only with respect to consequential or incidental damages may not apply to you, and the respective liability of Rocket ATM and its Third Party Service Providers, employees, distributors and agents is limited to the greatest extent allowable under applicable law in those states. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail then you expressly agree that under no circumstances will the total, aggregate liability of Rocket ATM and its Third Party Service Providers, employees, distributors, agents or affiliates, to you or any party claiming by or through you for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise.

RESTRICTIONS ON USE

Except as otherwise permitted by Rocket ATM, no materials from the Rocket ATM Services or any site owned, operated, licensed or controlled by Rocket ATM may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may download material displayed on the Rocket ATM Services for non-commercial, personal use. If you do so, you agree to retain all copyright and other proprietary notices contained on the materials. You may not use, distribute, modify, transmit, or post the content of the Rocket ATM Services for public or commercial purposes, including any text, images, audio, or video without Rocket ATM's written permission.

TRADEMARKS AND COPYRIGHTS

The Rocket ATM Services are owned by Rocket ATM or its affiliates or agents (including the Third Party Service Providers) and are protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Rocket ATM or its affiliates, licensors or agents (including the Third Party Service Providers). Other third-party products and brand names may be trademarks or registered trademarks of their respective owners, and may not be affiliated with Rocket ATM. Nothing contained in the Rocket ATM Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Rocket ATM Services without the written permission of Rocket ATM or such third party that may own the trademarks displayed on the Rocket ATM Services. Your use of the trademarks displayed on the Rocket ATM Services, or any other content in the Rocket ATM Services, except as provided herein, is strictly prohibited.

Images displayed through the Rocket ATM Services are either the property of, or used with permission by, Rocket ATM. You are prohibited from using or authorizing the use of these images unless specifically permitted under the RAOSA. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, or other regulations and statutes. Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Rocket ATM has designated an agent to receive notifications of claimed infringement, as described within our Copyright Policy.

MODIFICATIONS, SUSPENSIONS AND TERMINATIONS OF ROCKET ATM SERVICES

Rocket ATM reserves the right to modify or discontinue temporarily or permanently, a Rocket ATM Service (or any part thereof) with or without notice. You agree that Rocket ATM will not be liable to you or to any third party for any modification, suspension or discontinuance of a Rocket ATM Service. Please keep in mind that extended periods of inactivity may also result in your enrollment in a Rocket ATM Service being canceled. The license granted under the RAOSA will terminate if Rocket ATM believes that any information provided by you, including your email address, is no longer current or accurate, or if you fail to otherwise comply with any term or condition of the RAOSA and all Rules and Guidelines for each Rocket ATM Service. Upon such violation, you agree to terminate access to the Rocket ATM Services.

GOVERNING LAW

The RAOSA, and all future agreements you may enter into with Rocket ATM, unless otherwise indicated on such other agreement, will be governed by the law of the state of Delaware , without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Rocket ATM in Delaware or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree that the jurisdiction and venue for any proceeding to interpret or enforce this Agreement shall be in Cobb County in the State of Georgia unless otherwise changed by RocketATM in its sole and absolute discretion. If any part of the RAOSA is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Click "I agree" or "Continue" for Your Signature
As noted above in the Consent to Electronic Records section , by clicking "I agree" or "Continue" you will be signing this Agreement with a binding electronic signature, and you acknowledge that you have read and understood this Agreements terms and conditions.