This web site (“Site”) is owned and provided by Global Transaction Services LLC - PEN TEST DEV (together with its parents, subsidiaries and affiliates, “GTS US - PEN TEST DEV”). The terms and conditions set forth herein ,(“Terms and Conditions”) shall apply to your access and use of this Site and all accounts, services, programs, information and products (collectively “Accounts”) that you may use, open or otherwise access from time to time on or through this Site. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are posted in particular areas of the Site and, together with these Terms and Conditions, govern your use of those areas, content or transactions. These Terms and Conditions, together with applicable additional terms and conditions, are referred to as this “Agreement.”

IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN.

You acknowledge and agree that this Agreement may be formed by electronic means and enforced pursuant to applicable law. Neither you nor GTS US - PEN TEST DEV may challenge the validity of this Agreement. GTS US - PEN TEST DEV may modify this Agreement at any time, and such modification shall be effective immediately upon either posting of the modified Agreement on this Site or notifying you. You agree to review this Agreement periodically to be aware of such modifications, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

In addition to the foregoing, you (“Client”) accept and agree each of the following Terms and Conditions:

Acting on Instructions

Any reference in this Agreement or this Site to “instructions” or “Client instructions” includes, without limitation, letter, e-mail, telephone or fax instructions, information, requests, and orders. Not in limitation of the foregoing, GTS US - PEN TEST DEV may act on Instructions from, or purporting to be from, Client until GTS US - PEN TEST DEV has received prior written notice to the contrary and a reasonable opportunity to act on any such revised notice.

GTS US - PEN TEST DEV may engage or appoint any persons or entities to carry out any Instructions or functions of GTS US - PEN TEST DEV.

In the event that GTS US - PEN TEST DEV decides to act upon or carry out any Instruction, or is otherwise under an obligation to act upon or carry out any Instruction, GTS US - PEN TEST DEV shall be allowed such amount of time to act and carry out any Instruction as may be reasonable and shall not be liable for any loss arising from any delay or failure on the part of GTS US - PEN TEST DEV in acting on any such Instruction.

GTS US - PEN TEST DEV shall be entitled to verify the identity of the persons or entities purporting to give any Instruction, the source and origin of any Instruction, or the source or beneficiary of any funds covered by an Instruction. GTS US - PEN TEST DEV may defer acting upon any Instruction until GTS US - PEN TEST DEV is satisfied as to the matters on which GTS US - PEN TEST DEV sought verification.

In the event any Instruction is ambiguous or inconsistent with any other Instruction, GTS US - PEN TEST DEV shall be entitled to rely and act upon any Instruction given by Client which GTS US - PEN TEST DEV believes in good faith to be the correct interpretation or refuse to act until Client issues new Instructions in such form and manner required by GTS US - PEN TEST DEV.

GTS US - PEN TEST DEV shall not be liable to Client for any loss incurred by Client arising from or due to breakdown of equipment, delay in the transmission or wrongful interception of any Instruction or any breach of GTS US - PEN TEST DEV’ obligations to Client caused by or arising from any of the foregoing events.

Accounts

The operation and maintenance of all Accounts, the execution of all Instructions and the provision of all services shall be subject to applicable laws. GTS US - PEN TEST DEV may take or refrain from taking any action whatsoever, and Client shall do all things required by GTS US - PEN TEST DEV, in order to procure or insure compliance with applicable laws.

Client shall promptly examine and verify all Account information identified in its Accounts, on this Site or otherwise and shall give GTS US - PEN TEST DEV notice of any inaccuracy, error or omission immediately after Client receives or is deemed to have received such Account information. All Account information shall be deemed to be accurate save for such inaccuracy stated in the notice of Client given to GTS US - PEN TEST DEV.

Client shall promptly notify GTS US - PEN TEST DEV from its designated email address of any changes in Account information provided after being opened and GTS US - PEN TEST DEV shall be entitled to assume that there has been no change until GTS US - PEN TEST DEV has received notice thereof.

Client Representations and Warranties

Client represents and warrants that:

1. Client has the full capacity and authority to accept and agree to these Terms and Conditions and this Agreement, to open and maintain all Account(s) from time to time opened with GTS US - PEN TEST DEV, and to provide any Instructions that are necessary to open and maintain such Accounts.

2. All authorizations, consents, licenses or approvals required to accept and agree to these Terms and Conditions and this Agreement, to open and maintain all Accounts from time to time opened with GTS US - PEN TEST DEV, and to give GTS US - PEN TEST DEV any Instructions have been obtained and will be maintained in full force and effect.

3. Except for any security or encumbrance created in favor of GTS US - PEN TEST DEV, no person other than Client will have or acquire any beneficial or other interest in or security or other rights over any Account(s) or assets held by GTS US - PEN TEST DEV for Client, without the prior written consent of GTS US - PEN TEST DEV.

Fees and Other Expenses

The fees of GTS US - PEN TEST DEV are set forth on the GTS US - PEN TEST DEV Fee Structure portion of this Site.

Client shall indemnify GTS US - PEN TEST DEV from and against all loss in relation to acting on such Instructions and irrevocably authorizes GTS US - PEN TEST DEV to debit any Account in respect to all amounts chargeable to Client as a result of GTS US - PEN TEST DEV acting upon such Instruction.

GTS US - PEN TEST DEV shall be entitled to charge interest on any sum or payment past due to it from Client at such rate and calculated in such manner as GTS US - PEN TEST DEV may impose and to debit any Account in respect of the interest charge.

Communications

GTS US - PEN TEST DEV shall be entitled to record any communication between GTS US - PEN TEST DEV and Client or any officer, servant or agent of Client by means of any recording apparatus, without prior notice or warning to Client. Any such recording may be used as evidence in any action, proceeding or dispute involving GTS US - PEN TEST DEV. Each party waives any right it may have to challenge any such communication on the basis that it was prepared or sent or received in electronic form.

Restrictions on Use

Client is authorized to view, copy and print the materials appearing on this Site, subject to the following:

1. The materials may be used for internal and non-commercial purposes only and Client may not copy, distribute, modify, transmit, reuse, repost or otherwise display the content on this Site for public or commercial purposes.

2. Client may not use this Site or any related Accounts or services for any purpose that is unlawful or prohibited by this Agreement, or conduct any other activity that gives rise to some liability or otherwise harm the goodwill of GTS US - PEN TEST DEV.

3. Client may not use any device, software or action, including but not limited to, bots, spiders, viruses, Trojan horses, worms or time bombs, designed to damage or otherwise interfere with the Site or to intercept or expropriate any system, data or personal information contained on this Site. Client will not use this Site or related services for chain letters, junk mail, or spamming.

4. GTS US - PEN TEST DEV reserves the right to reject hard copies of forms or material printed from this Site. GTS US - PEN TEST DEV agrees to be bound only by the provisions as they appear on this Site and will not be bound by any agreement that has been altered, modified, or amended.

5. GTS US - PEN TEST DEV may immediately terminate any or all of your rights to use this Site at any time for any reason or no reason whatsoever.

Anti-Money Laundering and Privacy Policy

Client acknowledges that Client has read GTS US - PEN TEST DEV’ Anti-Money Laundering Policy and GTS US - PEN TEST DEV ’ Privacy Policy and it will comply with all of the terms and conditions therein.

Disclaimer of Warranties

GTS US - PEN TEST DEV MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR ITS CONTENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GTS US - PEN TEST DEV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE AND ITS CONTENT OR ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GTS US - PEN TEST DEV DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES WILL BE CORRECTED. GTS US - PEN TEST DEV DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITE, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND GTS US - PEN TEST DEV’ PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

Limitation of Liability

IN NO EVENT WILL GTS US - PEN TEST DEV BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES, EVEN IF GTS US - PEN TEST DEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE OR GTS US - PEN TEST DEV’ PRODUCTS OR SERVICES, OR WITH THE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, GTS US - PEN TEST DEV’ LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.

Indemnification

Client shall indemnify, defend and hold harmless GTS US - PEN TEST DEV, its parent companies, subsidiaries, affiliates, joint venturers, business partners, licensors, officers, members, directors, employees, consultants, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of Client’s use, misuse, or inability to use the Site, Accounts, or any of our related products or services, or any violation by Client of this Agreement. GTS US - PEN TEST DEV reserves the right, at our expense, to participate in the defense or settlement process. GTS US - PEN TEST DEV further reserves the right to report any wrongdoing that we become aware of to any government agency.

Links

This Site may contain links to other web sites which are not under the control of GTS US - PEN TEST DEV. These links are provided only for Client’s convenience and GTS US - PEN TEST DEV is not responsible for the contents or transmission of any web site to which a link is provided. GTS US - PEN TEST DEV does not endorse any such web sites and does not make any representation that they are error or virus free. The disclaimer of warranties above also applies to any linked web site.

Intellectual Property Rights

The copyrights, trademarks, service marks, other intellectual property, and content on this Site are the property of GTS US - PEN TEST DEV and may not be used without permission from the GTS US - PEN TEST DEV. Client shall not reproduce, reverse engineer, disassemble, modify or create derivative works from this Site.

Waiver

The waiver by GTS US - PEN TEST DEV of a breach of any portion of this Agreement by Client shall not operate or be construed as a waiver of any subsequent breach.

Choice of Law and Enforcement

This Agreement is governed by the laws of the State of Georgia, United States of America, notwithstanding its conflicts of law principles. All disputes or claims arising out of use or access of the Site or any Accounts will be resolved in the state or federal courts located in Atlanta, Georgia. In any litigation or action in connection with or to enforce this Agreement, each of the parties hereto (a) irrevocably consents to personal jurisdiction in the Courts of the United States and of the State of Georgia, (b) irrevocably consents to venue in the Northern District of Georgia, in Fulton County, Georgia, and any other such Court as GTS US - PEN TEST DEV, in its sole discretion, may select, and (c) irrevocably waives all objections and privileges to personal jurisdiction and venue in any such Court. Client shall be responsible for compliance with applicable local laws with respect to its use of this Site.