Forgot password?SAIL USER AGREEMENT

Welcome to Sail. We are an online service providing our members with payment processing services (the “Sail Service” or the “Service”) which are enabled through certain mobile devices (“Sail ready devices”). This User Agreement (the “Agreement”) comprises our detailed terms and conditions for the Service, and is between you (“You”, “Your”) and VeriFone Commerce Solutions, Inc. (“VeriFone,” “we,” “our,” and “us”). You should read and understand this Agreement as it is the legal contract that governs Your use of the Service.
Acceptance of Terms of Use
This Agreement governs Your use of the Sail Service, including all features and functionalities, our website, and all content and software associated with it. By using the Sail Service, You accept and agree to be bound by this Agreement. If You do not agree to this Agreement, do not use the Sail Service or our websites or any other websites affiliated with the Sail Service.  All references to You include You, in your personal capacity, and Your company or any other legal entity on whose behalf You are using the Service.  By entering into this Agreement, You are also agreeing to the Merchant Agreement, if any, Privacy Policy, Security Statement and E-sign Consent Policy available at http://www.sailpay.com/legal and http://www.sailpay.com/security, each of which is incorporated herein by reference.  This Agreement also incorporates by reference the applicable pricing and ordering terms that have been provided to You online or offline for the Sail Service, which may change from time to time.
This Agreement is an ongoing contract between You and VeriFone and applies to Your use of the Sail Service as made available in the U.S. They affect Your rights and You should read them carefully. Different terms, conditions and limitations may apply to the Sail Service available in other jurisdictions.
Changes to Agreement
VeriFone reserves the right, from time to time, with or without notice to You, to change this Agreement in our sole and absolute discretion. The most current version of this Agreement can be reviewed by visiting our website and clicking on “Legal” located at the bottom of the pages of the VeriFone SailPay website at http://www.sailpay.com/. The most current version of this Agreement will supersede all previous versions.
Membership and Approval Processes
VeriFone is not a financial institution or a money transmission business.  The Sail Service enables You to accept credit or debit card initiated payment network transactions.
You will receive access to the Sail Service after You register an account (the “Sail Account”).  By registering a Sail Account, You represent that You are at least 18 years of age.
You will be responsible for keeping information that You provide to us up-to-date.  We decide, in our discretion, whether to approve Your registration, and if requested, You agree to provide us with additional information.
Privacy and Communications Preferences
Privacy Issues. Any personally identifying information submitted through the Sail Service is subject to our Privacy Policy, which is available at https://www.sailpay.com/legal, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. In addition to the terms of our Privacy Policy, You understand that in order to be eligible to use the Sail Service, VeriFone may share information about You and Your Sail Account (described below) with our third party providers and affiliated companies. VeriFone may contact and share information about You and Your application (including whether You are approved or declined), and Your Sail Account with Your bank or financial institution.
Communications from Us. By agreeing to this Agreement, You are consenting to receive certain communications from us. For example, VeriFone may send You newsletters about new VeriFone features, special offers, promotional announcements and customer surveys via email or other methods. If You no longer want to receive the newsletters, other promotional announcements or non-transactional communications, You can unsubscribe to them via our website.  Service-related communications from us will include notices about Your account (e.g., password change confirmation e-mails and other transactional information) and information concerning or related to our Service. These communications are part of Your relationship with VeriFone and You receive them as part of the Sail Services. You agree that any notice, agreements, disclosure or other communications that we send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.
Derived Data. You acknowledge that we may collect and share with our partners data from your transactions (for statistical and other purposes); however, such data shall not include any “cardholder data” under Payment Card Industry Security Standard’s Council rules, any of your personally identifiable information, your personal financial information or any other data that we may be prohibited from collecting or sharing under applicable privacy laws.  You agree that VeriFone may use such data for purposes of optimizing or otherwise enhancing our products and services, for purposes of data analytics and for the provision of marketing services by our partners.  We will comply with all applicable laws and regulations with respect to any use, sharing and dissemination of this data.  In accordance with our use of derived data, we reserve the right to anonymously track and report your activity inside of our payment applications.  This paragraph shall survive any expiration or termination of this Agreement.
Consumer Reports
By registering a Sail Account, You authorize VeriFone to obtain consumer reports and other information about You in connection with reviewing Your application, and if approved, from time to time while Your Sail Account remains open.
Right to Terminate
Your Termination. You can terminate this Agreement by closing Your Sail Account at any time.  If You close Your  Sail Account, all pending transactions will be cancelled.  If we are holding any funds in custody for You at the time of closure, we will deduct any applicable Fees or other charges and pay You any remaining amounts.
Our Termination. We reserve the right to terminate or restrict Your use of the Sail Service, without notice, for any or no reason whatsoever.  We can also suspend the Sail Service and Your access to Your Sail Account (including the funds in that account) if You (i) have breached any terms of this Agreement, (ii) pose an unacceptable credit risk or fraud risk to us, (iii) provide us with any false, incomplete, misleading information or engage in any fraud or illegal conduct, or (iv) for any other reason that VeriFone determines violates law or VeriFone’s policies.
After Termination
Once Your Sail Account is terminated, (i) You will stop all use of the Sail Service, (ii) You will continue to be bound by those clauses of this Agreement that survive termination, and (iii) all licenses provided to You under this Agreement will terminate.  We will not be liable to You for any compensation, reimbursement or damages in connection with Your use of the Sail Service or our termination of it.
Licenses to Software and Services
Access. VeriFone software (the “Software”) is developed by or for VeriFone and is designed to enable access to the Sail Service and the processing of payments through Sail ready devices. The Software may vary by device and medium, and functionalities may also differ between devices. For example, this software may be embedded in a VeriFone ready device or we may offer this software to be downloaded onto a device manufactured by other companies.  WE DO NOT WARRANT THE PERFORMANCE OF THE SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in this Agreement.
Third Party Devices. We do not warrant that any of the software used and or licensed in connection with our Service will be compatible with other third party software nor do we warrant that operation of our Service and the associated software will not damage or disrupt other software or hardware. In addition, Sail ready devices are manufactured and sold by entities other than VeriFone. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, You agree to look solely to the entity that manufactured and/or sold You the device for any issues related to the device and its compatibility with the Sail Service. Any issues related to our service, including any system requirements, are covered and limited by this Agreement. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in this Agreement.
Ownership. The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The Software and the Services are licensed, not sold or given, to You by VeriFone for use only under the terms of this Agreement and all rights not specifically granted to You herein are reserved to VeriFone (and to any third party with ownership rights in software and documentation used in the Software and Services.) You may not remove any proprietary notice of VeriFone or any other party from any copy of the Software or documentation.  This Agreement does not grant You any rights to trademarks or service marks of Verifone.  The rights granted under the terms of this Agreement include any software upgrades that replace and/or supplement the original Software.
Grant of Limited License. VeriFone grants You a non-exclusive, limited, personal and nontransferable license, subject to and conditioned on Your compliance with the restrictions set forth in this Agreement, to install and use the Software, in object code form only, provided to You by or on behalf of VeriFone in connection with Your use of the Sail Service.  The license grant above includes the right to use documentation accompanying the Software for the sole purpose of using the Sail Service and the right to make one (1) backup copy of the Software, provided that (i) the Software is installed on only VeriFone ready devices; (ii) the Software may NOT be modified; and (iii) all copyright notices are maintained on the Software.
Restrictions. As a condition of the limited license for the Software granted to You in this Agreement, except as and only to the extent expressly permitted in this Agreement or by applicable law which cannot be waived by this Agreement, You may NOT: (i) publish, display, disclose, rent, lease, modify, loan, distribute or create derivative works based on the Software or any part thereof; (ii) copy, decompile, reverse engineer, disassemble, translate, adapt or otherwise reduce the Software to human readable form; (iii) attempt to create the source code from the object code of the Software; (iv) take any action that will infringe on the intellectual property or other proprietary rights of VeriFone or any of our third party software providers; and/or (v) sublicense or assign the Software.
Third Party Software. There are software programs contained within the Software that have been licensed to VeriFone by third parties. The term “Software” as used herein shall include reference to such third party software except where the term Software refers expressly to the ownership or other specific rights of VeriFone. The same terms and conditions, including all limitations and restrictions, set forth in this Agreement apply to each third party software program contained in the Software.
Exports. You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was legally obtained or authorized by VeriFone. In particular, but without limitation, the Software may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, You represent and warrant that You are not located in any such country or on any such list.
Government Use. The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through §227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Apple Terms. If You have downloaded any Software from the Apple iTunes Application Store, the following additional terms apply to such Software:
Important Limitations on Use of the Service; Undertakings by You
Lawful Use; High Risk Businesses. Your use of the Sail Service must be in compliance with all applicable laws, statutes, rules and regulations, as well as industry practices and procedures and only for lawful purposes.  The Service is available only in the United States, and cannot be used outside of the United States.  A Sail Account may not be used to accept payments in any “high risk” categories.  Examples of high risk businesses include (i) Internet pharmacy sales, (ii) gambling, (iii) illegal prescription drug sales, and (iv) direct marketing.
Applicable Law; Network Rules. You must comply with all federal and state laws applicable to your business, as well as applicable bylaws, regulations, rules, industry practices and procedures of the Visa International, Inc. and MasterCard Worldwide, Inc. payment card networks (the “Network Rules” and the “Networks,” respectively), as those Network Rules may be amended from time to time.   Portions of the Networks Rules are available at www.usa.visa.com and www.mastercard.com. In addition, You must comply with and adhere to the payment card industry (“PCI”) data security standards (“DSS”) in effect from time to time and shall implement and maintain appropriate measures designed to meet the objectives of PCI DSS. 
Prohibited Transactions. We will not authorize or settle any transaction submitted in violation of this Agreement, applicable law, the Network Rules, or which exposes us or others to fraud or criminal activity.
Your Representations. You represent and warrant that (i) You provided accurate information to us and will keep such information current, accurate and complete; (ii) You have the right, power and ability to enter into and perform under this Agreement, (iii) You will submit only bona fide transactions under the Service, and only in Your name and not for any third party, and (iv) You will comply with all applicable laws, rules and regulations applicable to Your business, including all tax and consumer protections laws and regulations, Network Rules and PCI DSS. You understand that we are merely a service provider and are not a partner in Your business operations nor a guarantor of the receipt by You of the proceeds of any sales transactions.
Personal Guarantee
Guarantee of Obligations.  You, in your personal capacity (“Guarantor”) as a principal officer of Your company (“Company”), hereby unconditionally and irrevocably guarantees (“Guarantee”) to VeriFone, its successors and assigns, the full and timely payment and performance of all of Company’s obligations under this Agreement (collectively, the “Obligations”).
Guarantee Unconditional.  Your obligations as Guarantor under this Guarantee shall be unconditional and absolute, provided that VeriFone is not in breach or default of this Agreement, in which case Your obligations as Guarantor under this Guarantee shall be affected only to the extent that the Obligations are affected by such default under the terms, covenants and conditions of this Agreement, and, without limiting the generality of the foregoing, shall not be released, discharged or otherwise affected by:
Your Statements.  You (as Guarantor) warrant and represent that You fully understand all provisions of this Guarantee and the implications thereof and that Your legal counsel has reviewed, or has been given the reasonable opportunity to review this Guarantee and this Agreement. By accepting this Agreement, You are certifying that You are an officer or director or majority shareholder of Company and will derive a benefit from the Company entering into this Agreement.
Costs of Collection; Indemnification.  After notice to You and failure by You to perform Your obligations as Guarantor under this Guarantee, You (as Guarantor) shall pay VeriFone on demand, all costs and expenses (including without limitation, reasonable attorneys’ fees) incurred by VeriFone in connection with any action or proceeding instituted by VeriFone to cause You to honor this Guarantee.
Waiver.  VeriFone shall not be required to initiate, pursue or exhaust any remedy or claim against Company as a condition to enforcement of Your obligations as Guarantor under this Guarantee, and VeriFone may, at its option, join You in any action or proceeding brought against VeriFone to enforce any obligations of Company under this Agreement, or may sue You as Guarantor in one or more separate proceedings.  You irrevocably waive diligence, acceptance hereof, presentment, demand, protest and any notice not expressly provided for herein.
How Our Service Works
Generally. We will deposit to Your Sail Account the net amounts that we receive for transactions submitted through the Sail Service, less applicable Fees, chargebacks, penalties, fines and assessments.  We will deposit that money in Your bank account (once we’ve verified Your bank account information) after Your Sail Account balance exceeds $10.00.
Accuracy Of Payments. You are responsible for monitoring Your transactions, and for ensuring that the payments to You are correct and accurate.  You must notify us of any errors for payments made to You within thirty (30) days of such errors appearing in the electronic payment history of Your Sail Account, or You waive any claims to such payment errors.  Based on our internal risk and underwriting assessments, we may apply limits to the amount deposited to Your account.
Refunds. You may process a refund through Your Sail Account up to forty five (45) days from the day You accepted the payment.  If Your Sail Account balance is insufficient to cover that refund, we will ask for Your authorization to withdraw up to the requested refund amount from Your bank account.  After Your authorization, we will withdraw the amount You were paid (the sale amount less the initial transaction fee) and credit it to Your customer’s card.  We also refund the Fees, so the full purchase amount is returned to the customer.  We have no responsibility for accepting returns of any goods or services on Your behalf.
Deferring Payouts or Restricting Funds. If we need to conduct an investigation or resolve any dispute related to Your Sail Account, we may defer payouts or restrict access to the funds in the Sail account for the time it takes us to conduct or resolve these matters.  We may also do so as required by law or if requested by law enforcement or by a governmental entity.
Maintenance. We conduct routine maintenance on the Sail Service, and reserve the right to shut down or terminate the Service without notice should emergency maintenance be necessary.
Reserves. In our sole discretion, and in order to secure the performance of Your obligations to us, we may  designate an amount for funds that we will maintain either in Your Sail Account or in a different reserve account (the “Reserve”), to secure the performance of any fees, taxes or penalties, payments, assessments and any charges due us, or to any third party.  Such Reserve may be established for any reason, including if You have a high percentage of chargebacks or credits, or if You have an unusually high volume of them, exceeding the amount reported on Your application.  We will reasonably determine the amount of the Reserve to cover anticipated losses.  We may raise, reduce or remove the Reserve in our discretion at any time.  If Your Reserve does not have sufficient funds, we may fund the Reserve from any funding source associated with Your Sail Account, including funds (i) in Your bank account or other payment instrument registered with us, (ii) deposited by You, or (iii) due to You under this Agreement.  You grant us a security interest in, and lien on, any funds held in the Reserve, and authorize us to make withdrawals or debits from the Reserve without prior notice to You, to collect amounts that You owe us under this Agreement.   We will release our security interest in the Reserves within 270 days after all fees otherwise owed to us or to any third party may have been paid.
Fees. You agree to pay the applicable fees listed on our fee schedule that we have separately provided to You and that may be available on our website (the “Fees”).  We may change our Fees on thirty (30) days advance notice to You.  Notice of any changes in our Fees will be made available on our website.  Your continued use of the Sail Service on the thirty-first day following the notice constitutes Your acceptance to such changes.  If You do not wish to pay such changed Fees, You must close Your Sail Account.
Taxes. You are responsible for determining any and all taxes assessed, incurred or required to be collected, paid or withheld for any reason in connection with Your use of the Services (the “Taxes.”)  You are responsible for collecting, withholding, reporting and remitting correct Taxes to the appropriate tax authorities.
Tax Reporting. If, in a given calendar year, You receive (i) more than $20,000 in gross amounts of payments through the Services, and (ii) more than 200 payments, or such other amounts as determined by applicable law, we must provide an informational report to the Internal Revenue Service (“IRS”) on an annual basis, which includes Your Tax Identification Number, the total amount of the payments You receive in a calendar year, and the total dollar amount of the payments You receive for each month in a calendar year.  If You do not provide us with Your relevant tax ID information, so that we cannot provide the accurate informational reports,  we may be required to withhold funds otherwise due to You and/or provide a report to the IRS regarding Your failure to provide us with the required information, starting in January, 2013.
Chargebacks
In addition to the Fees, You agree to pay the amount of any transactions if the transaction (i) is disputed, (ii) is reversed for any reason by a Network, our processor, or by the customer’s or our financial institution, (iii) is allegedly unlawful, suspicious or in violation of the terms of this Agreement, or (iv) was not authorized (“Chargeback”).  For any such transaction resulting in a Chargeback, you authorize us to: (i) withhold the amount of the Chargeback in the Reserve, and (ii) deduct the amount of the Chargeback and associated Fees, fines or penalties listed in the Fee Schedule or assessed by the Networks or our processor from Your Sail Account (including any Reserve), or any proceeds due to You, as well as all attorneys’ fees and other legal expenses we may incur as a result of collecting the unpaid amount of any Chargebacks from You.
You are solely responsible for the payment of Chargebacks, and we have no financial responsibility whatsoever for any Chargebacks.  Your failure to comply with the Network Rules may increase Your exposure to Chargebacks.  Your obligation to pay Chargebacks survives the termination or other expiration of this Agreement.   You agree to fully cooperate with the Network Rules regarding Chargebacks.
If we believe that You are incurring an excessive amount of Chargebacks, we may establish controls or conditions governing You or Your Sail Account, including (i) establishing new Fees, (ii) creating a Reserve to cover anticipated Chargebacks and related Fees, (iii) delaying payouts to You, and (iv) terminating or suspending the Sail Service.
Account Access
In order to provide You with ease of access to Your account and to help administer the Sail Service, VeriFone implements technology that enables us to recognize You as the account holder and provide You with direct access to Your account without requiring You to retype any password or other user identification when You revisit the Sail Service. You are responsible for updating and maintaining the truth and accuracy of the information You provide to us relating to Your account.
You are also responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or VeriFone ready device. If You disclose Your password to anyone or share Your account and/or devices with other people, You take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If You sell or return a computer or VeriFone ready device, You should logout and/or deactivate the device before doing so. If You fail to log out or deactivate Your device, subsequent users may be able to access certain of Your account information.
Your Conduct in Accessing the Sail Service
By accessing the Sail Service, including the VeriFone website, You agree to use the Sail Service, including all features and functionalities associated therewith, the website and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Sail Service. You also agree not to interfere with the servers or networks connected to any portions of the Sail Service or to violate any of the procedures, policies or regulations of networks connected to the Sail Service. You also agree not to impersonate any other person while using the Sail Service.
Confidentiality
Confidential Information. The Software and all documentation, drawings, websites, designs, specifications, engineering details and related information pertaining to the Software, whether in oral, written, graphic or electronic form, are and shall remain the confidential and proprietary information of VeriFone (collectively, the “Confidential Information”).
Nondisclosure. You shall (1) disclose Confidential Information to only those directors and employees (collectively, “Affiliates”) whose duties justify their need to know such information and who have been clearly informed of their obligation to maintain the confidential, proprietary and/or trade secret status of such Confidential Information; and (2) use Confidential Information for the sole purpose of accessing and using the Sail Services, but not for any purpose detrimental to VeriFone.  In any event, You and Your Affiliates shall treat Confidential Information as strictly confidential and shall use the same care to prevent disclosure of such information as You use with respect to Your own similar confidential and/or proprietary information, which shall not be less than the care a reasonable person would use under similar circumstances.  Except for the Software itself, neither You nor any of Your Affiliates shall copy any Confidential Information without the prior express written consent of VeriFone, and all Confidential Information, and any copies thereof, shall be returned promptly to VeriFone upon request.  You shall ensure that Your Affiliates comply with the provisions of this section, and You shall be liable for any breach of this section resulting from the act or omission of any of Your Affiliates. You shall not disclose Confidential Information to any third party, including, without limitation, any of Your subcontractors.
Indemnification
You agree to indemnify, defend and hold VeriFone, its affiliates and each of their officers, directors, employees, contractors, agents and third party suppliers, licensors and partners harmless from any and all claims, expenses, losses, damages and liabilities, including without limitation legal fees and expenses, arising out of or related to Your use of the Services, or any violation by You of this Agreement.  We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with the defense and settlement of these claims.  We will use reasonable efforts to notify You of any claim, action or proceeding brought by a third party that is subject to the foregoing indemnification upon our becoming aware of it.
Disclaimers of Warranties and Limitations on Liability
THE SAIL SERVICE, INCLUDING OUR WEBSITE, AND ALL SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SAIL SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SAIL SERVICE, OUR WEBSITE, AND ALL SOFTWARE ASSOCIATED THEREWITH. VERIFONE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SAIL SERVICE, INCLUDING USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT VERIFONE MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE SAIL SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. VERIFONE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF SAIL READY DEVICES AND VERIFONE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE.) TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that Your use of the Sail Service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon VeriFone or its affiliated parties.
IN NO EVENT SHALL VERIFONE, OR ITS AFFILIATES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SAIL SERVICE, INCLUDING OUR WEBSITE AND ALL SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SAIL SERVICE, VERIFONE SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SAIL SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SAIL SERVICE, INCLUDING OUR WEBSITE, AND ALL SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FEES PAID TO US IN CONNECTION WITH YOUR USE OF THE SAIL SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.  THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THIS AGREEMENT TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHA…