Terms and Conditions

1.) Terms of Use

 

This www.cngholdingsinc.com and related websites ("Websites" or "Sites") have been prepared by and are operated by CNG Holdings, Inc. or its affiliates or subsidiaries ("CNG" or "CNG Holdings" or "Company") solely for information purposes. This Website is neither an offer to sell, nor solicitation of offers to buy securities or bonds. The information contained herein has been prepared to assist interested parties in making their evaluation of the Company and does not purport to contain all of the information that a party may desire. In all cases, interested parties should conduct and rely on their own investigation and analysis of the Company and the data set forth in this Website.

Throughout the Website, the terms "we", "us" and "our" refer to CNG. CNG offers this Website, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein ("Terms of Use"). Your use of this Site constitutes your agreement to these Terms of Use. CNG also operates other Websites, specifically, www.checkngo.com, www.axcess-financial.com and www.chequecentre.co.uk (collectively, the "CNG Websites"). Your use of a particular CNG Website included within the CNG Websites network may also be subject to additional terms outlined elsewhere on that Website (the "Additional Terms"). Additionally, the CNG Websites may themselves contain additional terms that govern particular features or offers (for example, contests or sweepstakes). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular CNG Website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE ("Site"). By accessing or using this Site, you agree to the Terms of Use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

2.) Modifications of These Terms of Use

 

CNG reserves the right to change the terms, conditions, and notices under which the CNG Websites are offered. You are responsible for regularly reviewing these terms and conditions.

3.) Accuracy, Completeness and Timeliness of Information on this Site

 

CNG is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

4.) Use of Materials of the Site

 

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, downloads, interfaces, audio clips, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by CNG, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modifications, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to CNG, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. CNG reserves the right to refuse or cancel any person's registration for this Site. CNG retains full and complete title to the material provided on the Site, including all associated intellectual property rights, and provides this material to you under a license that is revocable at any time in CNG's sole discretion. CNG neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with CNG.

You may not use contact information provided on the Site for unauthorized purposes, including marketing. Harassment in any manner or form on the Site or any of the CNG Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a CNG employee, host, or representative or other members or visitor on the Site is prohibited. You may not upload commercial content of the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information for the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. CNG reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which CNG may be entitled at law or in equity.

5.) Materials Submitted to the Site

 

You acknowledge that you are responsible for any material you may submit via the Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (a.) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable; (b.) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or, (c.) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information.

If you do submit material, and unless CNG indicates otherwise, you grant CNG and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that CNG is free to use any ideas, concepts, and know-how that you or individuals acting on your behalf provide to CNG. You grant CNG and its affiliates the right to use the name you submit in connection with such material, if they so choose. All personal information provided by way of this Site will be handled in accordance with the Site's online Privacy Policy. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify CNG for all claims resulting from the content you supply.

6.) Registration and Site Conduct

 

All or part of the features available on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.

All or part of the features available on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify CNG immediately. CNG may assume that any communications CNG receives under your password have been made by you unless CNG receives notice otherwise.

You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, Check 'n Go, Cheque Centre, and Cash Generator. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without CNG's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without CNG's express written consent.

7.) Third-Party Links

 

This site may contain links to other websites, some of which are operated by CNG or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all of the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement or sponsorship of the products, services, or content of linked sites. Different terms and conditions may apply to your use of any linked sites. CNG is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

8.) Trademarks and Copyrights

 

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of CNG, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. CNG reserves all rights not expressly granted in and to the Site and its content. The Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

9.) Safe Harbor

 

This Site may include forward-looking statements related to CNG, its affiliates or subsidiaries, that involve risk and uncertainties, including but not limited to, the delivery of products and services, the management of growth, market acceptance of certain products and services, and other risks. These forward-looking statement s are made in reliance of the "safe harbor" provisions of the Private Securities Litigation Reform Act of 1995. For further information about these factors that could affect CNG's future results, it is recommended that you consult other resources. Prospective and current investors and shareholders are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those projected in the forward-looking statements as a result of various factors.

10.) Disclaimer

 

CNG makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site referenced herein. Any use of this Website is at the sole risk of the user.

THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CNG RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. CNG EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILTIY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAND OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHEHTER ORAL OR WRITTEN, OBTAINED BY YOU FROM CNG OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. CNG DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIAL S ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

11.) Limitation of Liability

 

YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CNG NOR ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CNG, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER CNG, NOR ITS AFFILIATES, SUBSIDIARIES OR SUPPLIERS, SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH CNG IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND CNG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12.) Indemnification

 

You agree to indemnify, defend and hold harmless CNG and its affiliates and subsidiaries, and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and supplier from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site (including negligent and wrongful conduct), CNG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CNG in the defense of such matter.

13.) Applicable Law

 

Your use of this Site shall be governed in all respects by the laws of the State of Ohio, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site shall be in the state or federal courts located in Hamilton County, Ohio.

CNG's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use. CNG may assign its rights and duties under the Terms of Use to any party at any time without notice to you.

CNG makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Ohio do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement shall remain in place.

14.) Arbitration

 

By using this Site, you agree that CNG, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms of Use concerning or , including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with said rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of Ohio.

Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction of any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by Ohio statutes.

15.) Entire Agreement and Admissibility

 

This agreement and any policies or operating rules posted on this Site shall constitute the entire agreement and understanding between CNG and you with respect to the subject matter therein and supersede all prior or contemporaneous communications and proposals, whether oral or written between the parties with respect to such subject matter. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in a printed format.