Card of America Website Terms of Use and Notices
Last Updated: May 05, 2008
1. THIS IS AN AGREEMENT BETWEEN YOU AND CARD OF AMERICA, Inc.
This is an agreement ("Agreement") between you and Card of America, Inc. (or, if applicable based on where you live, one of its affiliates) ("Card of America, Inc."). This Agreement governs your use of any Web site or Web page operated by Card of America, Inc. (each, an "Card of America Web Site," and collectively, the "Card of America Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
CARD OF AMERICA, INC. OFFERS THE CARD OF AMERICA WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CARD OF AMERICA WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW CARD OF AMERICA, INC. MAY MODIFY THIS AGREEMENT
Card of America, Inc. reserves the right to change the terms, conditions, and notices under which it offers the Card of America Web Sites, including any charges associated with the use of the Card of America Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Card of America Web Site. Your continued use of the Card of America Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any Card of America Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Card of America Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a Card of America Web Site, then the terms in this Agreement shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE CARD OF AMERICA WEB SITES
The Card of America Web Sites are only for your personal use. You will not use the Card of America Web Sites for commercial purposes. You will not use the Card of America Web Sites in any way that is unlawful, or harms Card of America, Inc., its affiliates, resellers, distributors, service providers and/or suppliers (each, a "Card of America, Inc. Party" and collectively, the "Card of America, Inc. Parties") or any customer of a Card of America, Inc. Party, as determined in Card of America, Inc.'s sole discretion. Card of America, Inc. may tell you about certain specific harmful uses in a code of conduct or other notices available through a Card of America Web Site, but has no obligation to do so. You may not use the Card of America Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the Card of America Web Sites. Without limiting the generality of this section, you may not use the Card of America Web Sites in any manner that could damage, disable, overburden, or impair any Card of America Web Site (or the network(s) connected to any Card of America Web Site) or interfere with any other party's use and enjoyment of the Card of America Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the Card of America Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the Card of America Web Sites in any way that violates the Card of America, Inc. Anti-Spam Policy. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Card of America, Inc. may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the Card of America Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Card of America Web Sites even if such e-mail does not violate the Anti-Spam Policy.
6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Card of America, Inc. related to the Card of America Web Sites (a "Submission"), you grant Card of America, Inc. permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Card of America Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Card of America, Inc. will not pay you for your Submission. Card of America, Inc. may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Card of America, Inc. may monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the Card of America, Inc. Parties or any customer of a Card of America, Inc. Party.
7. SOFTWARE
Your use of any software associated with the Card of America Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then Card of America, Inc. grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Card of America Web Sites and in accordance with this Agreement. Card of America, Inc. reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. Card of America, Inc. or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. Card of America, Inc. may automatically check your version of such software and may automatically download upgrades to such software to your computer to update, enhance and further develop the Card of America Web Sites.
8. INFORMATION AVAILABLE FROM THE CARD OF AMERICA WEB SITES
Card of America, Inc. and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the Card of America Web Sites including stock quotes, even if such information appears in any e-mail, pager, cell phone or other alerts available through the Card of America Web Sites. Card of America, Inc. and its suppliers do not authorize the use of information available from the Card of America Web Sites including stock quote or other financial information, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Card of America, Inc. is not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in the Card of America Web Sites constitute an offer or solicitation to buy or sell any security. Card of America, Inc. does not endorse or recommend any particular product or service, including financial products or services. Nothing contained in the Card of America Web Sites is intended to constitute professional advice, including but not limited to, investment or tax advice.
9. CARD OF AMERICA, INC. MAKES NO WARRANTY
CARD OF AMERICA, INC. PROVIDES THE CARD OF AMERICA WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CARD OF AMERICA, INC. PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CARD OF AMERICA, INC. PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CARD OF AMERICA WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CARD OF AMERICA, INC. PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CARD OF AMERICA WEB SITES, EVEN IF SUCH CARD OF AMERICA, INC. PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CARD OF AMERICA WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CARD OF AMERICA, INC. PARTY WITH RESPECT TO THIS AGREEMENT OR THE CARD OF AMERICA WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CARD OF AMERICA WEB SITES.
11. CHANGES TO THE CARD OF AMERICA WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE CARD OF AMERICA, INC. PARTIES MAY CHANGE THE CARD OF AMERICA WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the Card of America Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Card of America, Inc. and persons other than Card of America, Inc. (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE CARD OF AMERICA, INC. PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT CARD OF AMERICA, INC. IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CARD OF AMERICA WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE CARD OF AMERICA WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CARD OF AMERICA WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CARD OF AMERICA WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
Card of America, Inc. may terminate this Agreement, or terminate or suspend your access to the Card of America Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Card of America Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE Card of America WEB SITES MAY NOT BE RETRIEVED LATER.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Card of America, Inc. Corporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Nevada , without reference to conflict of laws principles. If this Agreement is with a Card of America, Inc. affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Card of America, Inc. affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Card of America Web Sites are directed. If this Agreement is with Card of America, Inc. Corporation, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in King County , Washington , USA in all disputes arising out of or relating to the use of the Card of America Web Sites. If this Agreement is with a Card of America, Inc. affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Card of America, Inc. affiliate in all disputes arising out of or relating to the use of the Card of America Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Card of America, Inc. may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Card of America Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Card of America, Inc. with respect to the Card of America Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Card of America, Inc. with respect to the Card of America Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND CARD OF AMERICA, INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CARD OF AMERICA WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the Card of America Web Sites are Copyright © 2009 Card of America, Inc. Corporation and/or its suppliers, One Card of America, Inc. 1830 S Alma School Rd sutie 120 Mesa , Az 85210 U.S.A. All rights reserved. Card of America, Inc., Card of America, Card of America logo (stars), and/or other Card of America, Inc. products and services referenced herein may also be either trademarks or registered trademarks of Card of America, Inc. in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
Cardholder Agreement , your are the Cardholder and by using your Card of America you agree to the terms and conditions so if you haven't already read it, please do so now.
Click here to view and print the entire Cardholder Agreement .
Card of America Bill Pay Service Terms of Use and Privacy Statement
The Card of America Bill Pay service is provided by a third party service provider. Click here to view the third party service provider's terms and conditions for use of the Card of America Bill Pay service. Click here for the privacy policy applicable to how the third party service provider handles your data for the Card of America Bill Pay service.
Parental Controls
Card of America, Inc. offers parental control protections that help you limit access to material that is harmful to minors. If you are interested in learning more about these protections, information is available at http://www.allowcard.com/onlinesafetyguide or other similar sites providing information on parental control protections.
18. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
*The USA PATRIOT Act is a Federal law that requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. You will be asked to provide your name, address, date of birth, and other information that will allow us to identify you. You may also be asked to provide documentation as proof of identification. "Guaranteed Approval" is contingent upon successfully passing this mandatory identification confirmation.