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Commercial Entity Agreement
<br />https://squareup.com /legal/cea
<br />Neither party will be liable for delays in processing or other nonperformance caused by such events as tires,
<br />telecommunications failures, utility failures, power failures, equipment failures, labor strife, riots, wax,
<br />terrorist attack, nonperformance of our vendors or suppliers, acts of God, or other causes over which the
<br />respective party has no reasonable control, except that nothing in this Section 8.10 will affect or excuse your
<br />liabilities and obligations for Chargebacks, refunds, or unfulfilled products and services.
<br />8.11 Amendment.
<br />This Agreement may be amended at any time by Paymentech upon 30 days notice to you. Notwithstanding
<br />the foregoing, in the event the terms of this Agreement must be amended pursuant to a change required by the
<br />Card Brand Rules or any third party with jurisdiction over the matters described herein, such amendment will
<br />be effective immediately. Your electronic signature or continued submission of Transactions to us following
<br />such notice will be deemed to be your acceptance of such amendment.
<br />8.12 Tax Matters.
<br />Paymentech and/or Square are obligated to collect and report certain taxpayer information to the United
<br />States Internal Revenue Service. Therefore, upon request, Seller shall provide Square and/or Paymentech
<br />with the appropriate taxpayer information covered by Internal Revenue Service (IRS) Form W 9 (or the
<br />appropriate versions of Form W-8, if applicable). Paymentech or Square may, in accordance with applicable
<br />law and from time to time during the term of this Agreement, request Seller to recertify its taxpayer
<br />information hereunder. Furthermore, Seller shall be responsible for any IRS penalties accruing based on the
<br />actions or inactions of Seller despite reasonable requests and/or notices from Paymentech.
<br />9. Definitions.
<br />"Application" is a statement of your financial condition, a description of the characteristics of your business
<br />or organization, and related information you have previously or concurrently submitted to us, including credit
<br />and financial information, to induce us to enter into this Agreement with you and that has induced us to
<br />process your Transactions under the terms and conditions of this Agreement.
<br />"Card" is an account, or evidence of an account, authorized and established between a Customer and a Card
<br />Brand, or representatives or members of a Card Brand that you accept from Customers as payment for a good
<br />or service. Cards include, but are not limited to, credit and debit cards, stored value cards, loyalty cards,
<br />electronic gift cards, authorized account or access numbers, paper certificates and credit accounts.
<br />"Card Brand" is any payment method provider whose payment method is accepted by Paymentech for
<br />processing, including, but not limited to, Visa, U.S.A., Inc., MasterCard International, Inc., Discover
<br />Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and
<br />other stored value and loyalty program providers. Card Brand also includes the Payment Card Industry
<br />Security Standards Council.
<br />"Card Brand Rules" are the bylaws, rules, and regulations, as they exist fi-orn time to time, of the Caxd
<br />Brands.
<br />"Card Information" is information related to a Customer or the Customer's Card, that is obtained by Seller
<br />from the Customer's Card, or from the Customer in connection with his or her use of a Card (for example a
<br />security code, a PIN number, or the customer's zip code when provided as part of an address verification
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