NMI not recognizing terms and conditions check

Step 2 of 3

I check the agree to terms and conditions box at checkout and enter credit card info.
I click continue checkout and it goes nowhere I get the error "Please confirm the terms and conditions bound to this order by ticking the box below. "

I tried checking out with check/M.O as well as dwolla both went to step 3.

It only does this with NMI.

I did change the text to read
Please verify you are of legal age to purchase these products and acknowledge the terms and conditions bound to this order by ticking the following box. The terms and conditions can be read here.
and
I agree I am 18 years of age or older and have read and agreed to the terms and conditions.

I don't think that would make a difference, has anyone else had this problem?
Thanks

Got it figured out, if you want to have the terms regulation on step two you need to use the authorize AIM module, slightly modified.