1. THIS IS AN AGREEMENT BETWEEN YOU AND CARDVISION
This is an agreement ("Agreement") between you and CardVision. This Agreement governs your use of any Web site, Web page and/or Web service operated by CardVision. CARDVISION OFFERS THE CARDVISION WEB SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CARDVISION WEB SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW CARDVISION MAY MODIFY THIS AGREEMENT
CardVision reserves the right to change the terms, conditions, and notices under which it offers the CardVision Web Services, including any charges associated with the use of the CardVision Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any CardVision Web Service. Your continued use of the CardVision Web Services after the effective date of such changes constitutes your acceptance of/and agreement to such changes.
3. ADDITIONAL TERMS
Any CardVision Web Service may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that CardVision Web Service, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a CardVision Web Service, then the terms in this Agreement shall control.
4. NO UNLAWFUL OR HARMFUL USE OF THE CARDVISION WEB SERVICES
You will not use the CardVision Web Services in any way that is unlawful, or harms CardVision, its affiliates, resellers, distributors, service providers and/or suppliers, as determined in CardVision's sole discretion. CardVision may tell you about certain specific harmful uses in a code of conduct or other notices available through a CardVision Web Service, but has no obligation to do so. You may not use the CardVision Web Services in any way that breaches any code of conduct, policy or other notice applicable to the CardVision Web Sites. Without limiting the generality of this section, you may not use the CardVision Web Services in any manner that could damage, disable, overburden, or impair any CardVision Web Service (or the network(s) connected to any CardVision Web Service) or interfere with any other party's use and enjoyment of the CardVision Web Services.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING; REPLICATION OF SERVICES
For materials you post or otherwise provide to CardVision related to the CardVision Web Services (a "Submission"), you grant CardVision permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the CardVision Web Services, and (2) sublicense these rights, to the maximum extent permitted by applicable law. CardVision will not pay you for your Submission. CardVision 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, CardVision 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 CardVision Parties or any customer of a CardVision Party. At no time are you granted permission to replicate, modify and/or exploit CardVision Web Services, in part and/or whole without explicit written permission, which may include (but not limited to) harm and/or interruption of CardVision Web Services, chat bots that replicate existing CardVision Web Services features, and/or exploiting CardVision Web Services for malicious intent.
Your use of any software associated with the CardVision Web Services 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 CardVision grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the CardVision Web Services and in accordance with this Agreement. CardVision 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. CardVision 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. CardVision 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 CardVision Web Services.
7. THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The CardVision Web Service may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). CardVision does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. All trademarks and/or copyrights are the property of their respective owners. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CardVision Web Service are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
8. CARDVISION MAKES NO WARRANTY
CARDVISION PROVIDES THE CARDVISION WEB SERVICES "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 CardVision PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CardVision 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 CardVision WEB SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ACKNOWLEDGE WE CAN/WILL TERMINATE YOUR ACCESS TO CardVision WEB SERVICE AND/OR CardVision WEB SERVICE ACCOUNT IF WE SHOULD SO DECIDE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CardVision AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CardVision.
You and CardVision agree to arbitrate any dispute arising from these Terms of Service or your use of the CardVision Services, except that you and CardVision are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and CardVision agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to CardVision shall be sent to CardVision. You and CardVision further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Texas; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Texas have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of Texas and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and CardVision will not commence against the other a class action, class arbitration or other representative action or proceeding.
10. THIRD PARTY CONTENT
In addition to the User Content, CardVision may provide other third party content on the CardVision Services (collectively the "Third-Party Content"). CardVision does not control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that we do not create Third Party Content, update, or monitor it. Therefore we are not responsible for any Third Party Content on the CardVision Services.
You are responsible for deciding if you want to access or use third party websites or applications that link from the CardVision Services ("Reference Sites"). CardVision does not control or endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites, and makes no representations or warranties of any kind regarding the Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the CardVision Services are solely between you and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
11. IDEA SUBMISSION
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to CardVision or its employees, you acknowledge and agree that CardVision shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
12. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CARDVISION 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 CARDVISION WEB SERVICES, EVEN IF SUCH CARDVISION PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 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 CARDVISION WEB SERVICES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CardVision PARTY WITH RESPECT TO THIS AGREEMENT OR THE CARDVISION WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CARDVISION WEB SITES.
This CardVision Web Service agreement is subject to change.