Term of Use
Revised: May 15, 2016
Acceptance of Terms
Modifications to Site or Services
We reserve the right to change, modify, or remove any of the content contained on the Site, at any time for any reason at our sole discretion without notice; however, we have no obligation to update any information on the Site. We also reserve our right to modify or discontinue all of part of the Services without notice at any time. For example, prices for products, such as the Good Card, offered or available on the Site and other Services available in connection with the Site are subject to change without notice. We shall not be liable to User or any third party for any modification, price change, suspension or discontinuance of the Site or the Services. Any changes or modifications will be effective immediately upon posting the revised information on the Site and User waives any right to receive a specific notice of each such change or modification. User agrees to be responsible for monitoring changes to the Site and Services.
Accuracy and Timeliness of Information
Although we strive to provide accurate, reliable, and credible information on the Site, certain Services offered or available through the Site are subject to change and may not be accurate, complete, or current. We are not responsible if information made available on the Site or related to the Services is not accurate, complete, or current. The information on the Site is provided for general entertainment and informational purposes only and should not be relied upon or used as the sole basis for making decisions. Any reliance on information contained on the Site is at User’s own risk. This Site may contain certain historical information, which is not current and is provided for User reference only.
Product Availability and Return Policy
We have made every effort to display as accurately as possible the images of products displayed on the Site. We cannot guarantee that any electronic display of any color or image will be accurate. Certain products may have limited quantities and are subject to return or exchange only in accordance with our Return Policy. We reserve the right, but not the obligation, to limit the sales of products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products offered or available on the Site. All descriptions of products or pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time. We do not warrant that the quality of the products purchased or obtained by User will meet expectations or that any errors in the Site or Services will be corrected.
Billing and Account Information
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same payment card data, or orders that use the same billing or shipping address. In the event we make a change to or cancel an order, we may attempt to notify User via email or phone using the information provided by User at the time the order was initiated. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. User agrees to provide current, complete, and accurate billing and account information for all purchases made on the Site. User further agrees to promptly update account and other information, including email and a payment card information and expiration dates, so that we can complete User transactions and contact Users as necessary.
Representations and Warranties
If User believes any content submitted by User, which was removed (or access was disabled), is not infringing or that User is authorized by the copyright owner, the copyright owner’s agent, or by law, to post and use such content, then User may send a counter-notification to email@example.com acting as our designated copyright agent, containing the following information: User’s physical or electronic signature; identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; a statement that User has a good faith belief the content was removed or disabled as a result of a mistake or a misidentification of the content; and User’s name, address, telephone number, and email address, a statement that User consents to the jurisdiction of the federal court in Clark County, Nevada and a statement that User will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such party that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may be replaced, or access to it restored, in 10 business days or more after receipt of the counter-notice, at our sole discretion.
The Services and other materials contained in the Site include both registered and unregistered trademarks, service marks, logos, slogans, and designs that are our property or the property of our suppliers and are subject to and protected by the copyright, trademark, and intellectual property laws of the United States and may not be copied, imitated, or used by User. In addition, the look and feel of the Site is our service mark, trademark and/or trade dress and may not be copied, imitated or used by User. All other trademarks, service marks, product names, and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. User may browse the Site and Services, download and print content if User keeps intact all copyright, proprietary statements and trademark notices. No reproduction of the Site or Services may be distributed for commercial gain.
User may not use our logo or any other proprietary graphic to link to the Site or Services. Third party websites are not under our control and we are not responsible for the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Site or websites linking to the Site. We provide these links to User only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of any website. By using the Site or Services, User expressly relieves us from any liability arising from use of third-party websites. When User leaves the Site, our terms and policies will no longer apply.
Guidelines for Reviews
We may accept, reject or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. When posting a review, User must comply with the following criteria: (a) User should have firsthand experience with the person/entity being reviewed; (b) User’s reviews should not contain offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (c) User should not be affiliated with competitors if posting negative reviews; (d) User should not make any conclusions as to the legality of conduct; and (e) User may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, User hereby grants to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
MOBILE APPLICATION LICENSE
Use License. If User accesses the Services via a mobile application, then we grant User a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by User, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license. User shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or (i) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
User acknowledges and agrees that any feedback, comments, questions, suggestions, ideas, or other information or materials regarding the Site or Services that are provided by User as a submission to us or any posting on the Site, shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any lawful purpose without providing to User any acknowledgment or compensation. User hereby waives any moral rights to any such materials and User hereby warrants that any such materials are original with User or that User has the right to submit such materials. user agrees there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in User’s communications to us.
User Generated Content
User is solely responsible for use of the Site and Services by User, and User agrees not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following: (a) User Generated Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive inflammatory, fraudulent, deceptive or misleading; (b) User Generated Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, federal, or international law; (c) User Generated Content that may infringe any patent, trademark trade secret, copyright or other intellectual or proprietary right of any party; (d) unsolicited promotions, advertising, or solicitations; (e) private information of any third party, including, but not limited to, medical record information, email addresses, Social Security numbers, credit cardholder data; (f) viruses, corrupted data or other harmful, disruptive or destructive files; and (g) User Generated Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Site or Services, or which may expose us or other users of the Site or Services to any harm or liability of any type.
User should always use caution when giving out any personally identifiable information in any User Generated Content. We do not control or endorse the content, messages, or information found in any User Generated Content and the views and opinions expressed in any such content do not necessarily state or reflect our views; therefore, we specifically disclaim any liability with regard to the User Generated Content. We will maintain and store User Generated Content for as long as we operate the Site. In the event User wants us to delete any User Generated Content, User must notify us via email.
By submitting, posting, uploading, or displaying User Generated Content on or through the Site or Services, User grants, conveys, and transfers to us a worldwide, irrevocable, nonexclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, distribute, and otherwise commercially exploit such User Generated Content, in any and all media, digital formats, or distribution methods now known or later developed, and in all languages throughout the world, as well as the right to sublicense any of the granted rights in the User Generated Content for the full duration of the copyright of the content under the laws of the United States. Additionally, User represents and agrees to possess the right to grant to us such license. User agrees this license includes the right for us to make such User Generated Content available to others for publication, distribution, syndication, or broadcast on other media and in digital formats. Such additional uses by us or others may be made with no compensation paid to User with respect to the User Generated Content submitted, posted, transmitted, or otherwise made available by User through the Site or Services. We may modify or adapt User Generated Content in order to transmit, display, or distribute it over various media and/or make changes to User Content as needed for such content to confirm to any requirements or limitations of any networks, devices, digital formats, or media. User agrees to waive all moral rights in the User Generated Content and User warrants that moral rights have not otherwise been asserted in the User Generated Content. User reserves all rights not expressly grated by User to us. User will not exercise or dispose of any reserved rights in such a way as to destroy, detract from, impair, or frustrate the value of any rights granted herein by us, nor will User publish or permit to be published any literary work based substantially on subject matter, material, characters, or incidents in the User Generated Content without our prior written consent.
User agrees to defend and indemnify us, our independent contractors, service providers and consultants, and their respective directors, employees, and agents from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Generated Content posted, stored, or otherwise transmitted by User on or through the Site or Services, or any act or omission by User relating to the Site, Services, or User Generated Content.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE SERVICES OR OTHER CONTENT ACCESSED THORUGH THE SITE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATED TO TEXT OR PHOTOGRAPHY. WE ARE NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONENT POSTED ON THE SITE. WE ASSUME NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO ANYONE, OR ALTERATION THEREOF. WHILE WE ATTEMPT TO MAKE USER ACCESS AND USE OF THE SITE AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, MALWARE, DEFECTIVE SOFTWARE OR OTHER HARMFUL COMPONENTS. USE OF THE SITE AND SERVICES IS AT USER’S SOLE RISK.
Changes, Interruptions and Termination
Limitation of Liability
IN NO EVENT WILL WE OR OUR EMPLOYEES, AGENTS, OR VOLUNTEERS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO US THE SITE AND SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FORM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFROMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
Law And Venue
Questions and Comments
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