These Terms of Service are a legal agreement (the "Agreement") between NetChain Squared LLC, a Delaware limited liability company ("NetChain", "we", "us" or "our"), on the one hand, and you and any person or organization for which you act (the "Payee") that has a NetChain account, on the other hand.
NetChain only offers accounts to businesses and does not offer personal accounts to individuals. You represent and warrant that (i) you are entering into this Agreement on behalf of Payee, which you represent is a company or other legal entity and (ii) you have full legal capacity and authority to bind yourself individually and Payee to this Agreement.
By clicking "I Accept" below, you agree that you and Payee will be bound by the terms of this Agreement. This Agreement incorporates by reference terms and conditions displayed on the NetChain Platform (as defined below).
Payee agrees to accept payments from Payee's vendors and suppliers (each of whom use NetChain's account payable module) through the NetChain Platform into a Payee bank account that is linked to the NetChain Platform (the "Service"). "NetChain Platform" means the software that enables NetChain to provide Payees with access to and use of the Service via the NetChain website located at www.netchain2.com, as contemplated by this Agreement.
2. DISCLAIMER AND LIMITATIONS OF LIABILITY
THE SERVICE PROVIDED TO PAYEE HEREUNDER IS PROVIDED STRICTLY ON AN "AS IS" BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ANY WARRANTIES ARISING FROM USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NETCHAIN SHALL NOT HAVE ANY LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICE OR THE NETCHAIN PLATFORM OR ANY ACTIONS TAKEN BY NETCHAIN IN ACCORDANCE WITH DIRECTIONS PROVIDED BY PAYEE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL (I) NETCHAIN'S TOTAL AND AGGREGATED LIABILITY ARISING OUT OF OR RELATED