Terms and Conditions Part2
Trademarks and Other Intellectual Property
Use of any Cards2Life trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by Cards2Life, is strictly prohibited. The Cards2Life Platforms are neither endorsed, nor sponsored by, nor affiliated with the National Academy of Recording Arts & Sciences, Inc. or Apple Inc. GRAMMY and the gramophone and speaker logo are registered trademarks of the National Academy of Recording Arts & Sciences, Inc., and APPLE, the Apple logo, iTunes, and other Apple trademarks, service marks, graphics, and logos used in connection with the iTunes Service are trademarks or registered trademarks of Apple and/or Apple Inc. in the U.S. and/or other countries. All rights reserved. Certain functionality provided via the Cards2Life Platforms may be covered by U.S. Patent 5,930,474. If you believe that any content on a Cards2Life Platform violates your exclusive rights other than copyrights, please provide Cards2Life at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim is infringing your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights that you own/have and why the you believe the content infringes those rights that is sufficient for us to evaluate your complaint; and (d) your accurate contact information. Please submit your complaint via our form and send an email to email@example.com. In the event of any third party claim that one of our Apps available on an Apple Platform or your possession of an App available on an Apple Platform infringes on that third-party’s intellectual property rights, as between Cards2Life and Apple, Cards2Life will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Spam and Other Technical Restrictions
You may not use the Cards2Life Platforms to send electronic messages, cards, or other content to mailing lists or to any person to which you do not have full rights or to send unsolicited bulk or commercial messages. In addition, the use of automated scripting-type programs that automate the process of sending or viewing any of the Materials is strictly prohibited. Cards2Life reserves the right to limit, in its sole discretion and without prior notice to you, the number of electronic messages or cards or the amount of other content that you may send using the Cards2Life Platforms or the number of recipients to whom you send such cards, messages, or other content. You are solely responsible for your actions and communications undertaken or transmitted using the Cards2Life Platforms and your account with Cards2Life. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploaded User Content and transmissions in order to ensure compliance with this Agreement.
You may choose, at your sole and absolute discretion and risk, to use applications that enable interactions between the Cards2Life Platforms and a third-party website or online service (each, an “Application”), such as linking your profile on any of the Cards2Life Platforms with a third-party website or enabling you to “like” a product or “share” content on other websites. Such Applications may interact with, connect to or gather and/or pull information from and to your profile on the Cards2Life Platforms. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Cards2Life Platform accounts, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Cards2Life has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Cards2Life harmless for the sharing of information relating to your Cards2Life Platform accounts that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your account information with, through or by any other means identified on an Application.
Third-Party Links and Advertisements
Cards2Life may feature on the Cards2Life Platforms, in its newsletters, or in other communications to you, links to third-party websites, social media platforms, or other services. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. Accordingly, you expressly acknowledge and agree that we are in no way affiliated with such third party sites or otherwise responsible or liable for your use of any such third-party sites or online features. Your use of such services is subject to the terms and conditions established by such third-parties. THE INFORMATION, CONTENT, AND PRODUCTS (INCLUDING GOODS AND SERVICES) AVAILABLE THROUGH ANY THIRD-PARTY LINKS (COLLECTIVELY, “THIRD-PARTY PRODUCTS”) ARE OFFERED BY INDEPENDENT ENTITIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH Cards2Life, Cards2Life.COM, Cards2LifeCM, INC., CARDS2LIFE.COM, EGCB, Inc., Cards2Life INTERACTIVE, INC., CARDS2LIFE CORPORATION; YOU EXPRESSLY ACKNOWLEDGE AND Cards2Life THAT Cards2Life IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR USE OF THIRD PARTY SITES OR YOUR PURCHASE OF THIRD-PARTY PRODUCTS. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD-PARTIES FOUND THROUGH THE Cards2Life PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, INCLUDING (IF APPLICABLE) IN-APP PURCHASES, GIFT CARDS AND ANY TERMS, CONDITIONS, WARRANTIES, AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY AND Cards2Life IS NOT IN ANY WAY RESPONSIBLE FOR YOUR USE. Cards2Life WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY THIRD-PARTY. There may be circumstances where access to the Cards2Life Platforms is provided by a link located at another website. Neither Cards2Life nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Cards2Life nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Cards2Life nor its affiliates endorses the individuals, companies, or other similar entities, or any products, services or materials associated with such individuals, companies, or other similar entities, that provide a link to the Cards2Life Platforms.
Sweepstakes, Contests & Promotions
The Cards2Life Platforms may contain or offer sweepstakes, contests, or other promotions, which may be governed by a separate set of official rules and have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration or entry will be valid or restricted and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contest, or promotion.
Purchase of Products and Services
Some of the features of the Cards2Life Platforms, including the purchase of electronic and paper cards, digital products, services, memberships and subscriptions (collectively, “Products and Services”), and the delivery thereof, will require you to pay a fee. You agree to pay those amounts shown to you during the checkout or similar process and understand that Products and Services are not returnable. The delivery of any Products and Services to you does not transfer any commercial or promotional rights in the Products and Services. You may not resell, rent, lease or provide the Products or Services to any person and you shall not modify, publish, participate in the transfer or sale of, reproduce, or create new works from, any of the Products or Services in whole or in part. You are specifically prohibited from using any of the Products or Services to send commercial advertising or mass mailings of any kind. Cards2Life may also impose limits on certain features and services or restrict your access to parts or all of the Product and Services without notice or liability. Once you download a digital product from the Cards2Life Platform, it is your responsibility not to lose, destroy or damage it.
You understand that the Products, Services and content we provide on the Cards2Life Platforms is subject to change at any time, and that Products, Services and content may be added or removed at Cards2Life’s discretion. Such changes may include, among other things: the addition or removal of content, Products and/or Services, the requirement that you pay to have access to certain content, Products and/or Services and content, Products and/or Services that you have previously paid for being made available at no charge. If you chose to send content through the Cards2Life Platforms on a per send basis, you may send the content you have purchased for 30 days. Any subsequent sends, even of the same content, will require additional payment. There is no refund for per send content.
If you subscribe to become a Cards2Life member through the Cards2Life Platform, we will charge the applicable Membership fee (to the payment method supplied in your Personal Account at the time of purchase. You may cancel your Membership and request a refund only within thirty (30) days after your payment has been processed. Monthly Memberships may be cancelled for the upcoming month, but refunds will not be given for prior months. Instructions for requesting a cancellation can be found under, “Help Center”.
Your Subscription will automatically be renewed at the end of the Subscription term if you opt-in for auto renewal on the confirmation page when you place your initial order unless: (1) you cancel your renewal during your Subscription period; or (2) you request a cancellation within 30 days after your renewal payment has been processed. Monthly Subscriptions can be cancelled for the upcoming month, but no refund will be given for prior months. Instructions for requesting a cancellation can be found under “Help Center”.
Occasionally, we offer trial periods during which customers register for a Subscription and enjoy all of the Subscription benefits on a trial basis. If you sign up for a trial period and cancel during the trial period, the payment information provided will not be billed. If you do not cancel during the trial period we will automatically charge the applicable Subscription fee to the payment method that you have supplied during the registration process. No refunds will be issued after the trial period.
If you redeem a promotional Membership on Cards2Life, you will not be required to provide payment information to access your membership benefits for the length of the promotional term. Please note that a promotional membership differs from a trial membership in this regard. If you choose to remain a member past the promotional period, you will be required to provide payment information (such as a credit card number) to maintain membership benefits.
Gift cards (“Gift Cards”), are issued by a third-party and any unused balances are not redeemable for cash and cannot be returned for a cash refund (except as required by law), exchanged, resold, or used to purchase gift cards. Unused balances are not transferable. Gift cards may be redeemed through the Cards2Life Platform only in the United States, its territories and possessions. The Gift Card value is 1/10 of one cent. Cards2Life is not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. Risk of loss and title for a Gift Card pass to the purchaser upon the electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable.
You are responsible for all usage or activity on your Personal Account, including the use of the account by any third-party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Personal Account and any memberships or subscriptions, in our sole discretion. Cards2Life reserves the right to disclose any personal information included in your Personal Account or related to your use of the Cards2Life Platforms, Products and Services, to third-parties in the course of investigating abuse of our Products and Services and to forward such information to appropriate law enforcement agencies. You must notify Cards2Life of any known or suspected unauthorized use of your Personal Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
If you are under the age of 18, you may only purchase Products or Services with the permission of a parent or guardian. Cards2Life reserves the right to refuse service, terminate accounts or cancel orders in its sole discretion. Cards2Life reserves the right to terminate your Personal Account for violation of any of these rules.
payment of fees and charges
You agree that you will pay all fees and charges that may be accrued by or in connection with your Personal Account at the rates in effect for the billing period in which such fees and charges are incurred. Cards2Life reserves the right in its sole discretion to bill fees and charges to any of the payment methods you have included in your Personal Account. Billing occurs at the time of purchase. Rates may change at any time. Cards2Life does not provide price protection or refunds if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-Subscription basis (individual downloads, shipped products, paper cards, per send iPad content, etc.) or promotional offerings are final and non-refundable. For information about refunds on a Subscription, refer to the section titled, “Subscriptions”.
All purchases include applicable sales taxes in effect at the time of purchase and will be based on the bill-to address provided in the Personal Account. No customers are eligible for tax exemptions for purchases made on this Site.
methods of payment
If you purchase Products and Services, you must provide a method of payment to Cards2Life, such as a credit card account number or a checking account number (either on the Cards2Life Platform or by phone). Cards2Life will charge or debit the then-current price to your method of payment. If you have purchased a Subscription, Cards2Life will automatically renew your Subscription and charge your method of payment at the end of the applicable term for the then-current Subscription fee if you opt-in for auto renewal. Cards2Life also charges a separate service fee to offset the cost of this method of billing. If you have purchased a Subscription, Cards2Life will automatically renew your Subscription and debit your account at the end of the applicable term at your original Subscription price plus a service fee. The service fee is non-refundable. In no event will Cards2Life be liable for any NSF or other bank fees resulting directly or indirectly from any debits to your checking account.
Certain Products and Services can be purchased through Premium SMS Billing. These charges are processed by your mobile phone carrier, and third-parties designated by your carrier. The charges will appear on your mobile phone bill during the next billing cycle after your purchase. Purchases made by Premium SMS are final and non-refundable, even in the event of technical incompatibility or non-functionality of the content. Questions or problems relating to Premium SMS Billing should be addressed to your mobile phone carrier.
The Cards2Life Platforms may not be used as a photo storage service. We will not store photos for longer than 13 months (and in our sole discretion and without liability, we may remove photos before thirteen months). We cannot guarantee the availability of photo storage, or of the quality or resolution of any photos saved on the Cards2Life Platforms. Additionally, we may reduce the size or resolution of any photos you submit on the Cards2Life Platforms in order to make them compatible with our systems and processes. For more information about our practices with regard to photo storage, see the FAQ.
The Cards2Life Platforms may provide certain content that you may choose to include on your personal web page, blog, page on a social networking site, or similar page (“Personal Page”) by pasting into your Personal Page the HTML or other code provided by Cards2Life and labeled as embed code (or a similar identifying label) (“Widget”). Cards2Life grants you a limited, revocable license, subject to the restrictions in this Agreement, to include the Widget, as provided by Cards2Life (without editing) on your Personal Page only. You agree that you will not include or otherwise make available a Widget on a web page or website containing content that is distasteful, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Cards2Life’s sole opinion). As described in the “Disclaimer of Warranties” section of this Agreement, Cards2Life makes no specific warranties about Widgets. Cards2Life may discontinue providing the services necessary for the Widgets to operate at any time for any reason without any liability to you. In addition, Cards2Life may disable Widgets that you include on any Personal Page if you violate this Agreement (as determined by Cards2Life in its sole discretion) or for any or no reason, without any liability to you. You agree that Cards2Life’s license grant to you to use a Widget on your Personal Page does not provide you with any intellectual property rights, including copyrights, in the materials made available via any Widget. You agree to not sell, lease, hypothecate, transfer, license, distribute, reproduce, encumber or otherwise exploit the content made available in a Widget, in whole or in part, without the express written consent of Cards2Life. You agree to include, and not remove or alter, Cards2Life’s trademark, copyright or other proprietary rights notices, as provided by Cards2Life on the Widget. You also agree to not use (or attempt to use) the Widget to display content other than the content provided or intended by Cards2Life to be displayed via a particular Widget. Except as expressly stated otherwise, the Widget and any and all content provided through the Widget are subject to this Agreement in their entirety.
Disclaimer of Warranties
THE Cards2Life PLATFORMS (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, LINKS, MESSGES, PRODUCTS OR SERVICES PROVIDED ON THE Cards2Life PLATFORMS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, AND WIDGETS) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, Cards2Life AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, AND OTHER REPRESENTATIVES (EACH AN “Cards2Life PARTY” AND, COLLECTIVELY, “Cards2Life PARTIES”) DO NOT WARRANT THAT YOUR USE OF THE Cards2Life PLATFORMS WILL BE ERROR-FREE, TIMELY, UNINTERRUPTED, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Cards2Life PLATFORMS OR THE SERVER THAT MAKES THE Cards2Life PLATFORMS AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE Cards2Life PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE Cards2Life PLATFORMS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE Cards2Life PLATFORMS IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE Cards2Life PLATFORMS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY Cards2Life PARTY, WHETHER MADE ON THE Cards2Life PLATFORMS, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE Cards2Life PLATFORMS YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE Cards2Life PLATFORMS. THE Cards2Life PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE Cards2Life PLATFORMS BY THIRD PARTIES (INCLUDING ANY USER OF THE Cards2Life PLATFORMS) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE Cards2Life PLATFORMS. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE Cards2Life PLATFORMS. A POSSIBILITY EXISTS THAT THE Cards2Life PLATFORMS COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE Cards2Life PLATFORMS BY THIRD PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE Cards2Life PLATFORMS, THE Cards2Life PARTIES MAKE NO GUARANTEES AS TO THE COMPLETENESS OR CORRECTNESS OF THE Cards2Life PLATFORMS. Cards2Life IS ALSO NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSCards2LifeES, CARDS, OE OTHER CONTENT REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE Cards2Life PLATFORMS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO ANY WARRANTY NOT EFFECTIVELY DISCLAIMED IN THIS AGREEMENT, YOU MAY, IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM, NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE FOR THE APP (IF ANY); AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND Cards2Life WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO A WARRANTY NOT EFFECTIVELY DISCLAIMED IN THIS AGREEMENT WILL BE Cards2Life’S SOLE RESPONSIBILITY. NOTWITHSTANDING THE FOREGOING, Cards2Life AND YOU ACKNOWLEDGE THAT APPLE (IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM) HAS NO OBLIGATION TO FURNISH ANY MAINTENANCE AND SUPPORT SERVICES WITH RESPECT TO THE APP.
IF YOU ARE USING ONE OF OUR APPS ON THE APPLE PLATFORM, THEN NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, AND SUBJECT TO THESE TERMS, Cards2Life AND YOU ACKNOWLEDGE THAT AS BETWEEN APPLE AND Cards2Life, Cards2Life IS RESPONSIBLE FOR ADDRESSING ANY CLAIMS YOU MAY HAVE RELATING TO THE APP OR YOUR POSSESSION AND/OR USE OF THE APP, INCLUDING, BUT NOT LIMITED TO: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT THE APP FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
Limitation of Liability; Waiver
UNDER NO CIRCUMSTANCES SHALL THE Cards2Life PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (A) THE Cards2Life PLATFORMS (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, APPLICATIONS, AND INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR AVAILABLE ON OR THROUGH THE Cards2Life PLATFORMS); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE Cards2Life PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE Cards2Life PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE Cards2Life PLATFORMS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (G) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE Cards2Life PLATFORMS; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE Cards2Life PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE Cards2Life PLATFORMS). IN NO EVENT WILL THE Cards2Life PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE Cards2Life PLATFORMS IS TO STOP USING THE Cards2Life PLATFORMS, AND THE SOLE AND EXCLUSIVE MAXIMUM Cards2LifeGREGATE LIABILITY OF THE Cards2Life PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE Cards2Life PLATFORMS.
YOU Cards2LifeREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF Cards2Life’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION THE Cards2Life PLATFORMS OR ANY Cards2Life WEB SITES, MOBILE APPS, PROPERTY, PRODUCT, SERVICE, OR OTHER Cards2Life PLATFORM CONTENT OWNED OR CONTROLLED BY THE Cards2Life PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY Cards2Life PLATFORM, MOBILE APP, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE Cards2Life PARTIES.
BY ACCESSING THE Cards2Life PLATFORMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
The information provided on or through the Cards2Life Platforms themselves are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. We control and operate the Cards2Life Platforms from offices located in the United States and make no representations or warranties that the information, products or services available through the Cards2Life Platforms are appropriate for use or access in other locations. Anyone using the Cards2Life Platforms from other locations does so on their own initiative and is responsible for compliance with United States’ and local laws regarding online conduct and acceptable content, if and to the extent such laws apply. We reserve the right to limit the availability of the Cards2Life Platforms or any portion of the Cards2Life Platforms, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide. Software related to or made available by the Cards2Life Platforms may be subject to United States export controls. Thus, no software from the Cards2Life Platforms may be downloaded, exported or re-exported: (a) into a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) by or to any person listed on any U.S. Government list of prohibited or restricted persons. By downloading any software related to the Cards2Life Platforms, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
Termination and Enforcement By Cards2Life
In the event Cards2Life determines, in its sole discretion, that you have violated this Agreement, Cards2Life will have the right to immediately terminate your account (with or without refund), refuse membership, suspend or block access to your use of the Cards2Life Platforms, or block the sending, receiving or uploading of content from the Cards2Life Platforms, or pursue any other remedies available to it under applicable law. Cards2Life also reserves the right to investigate suspected violations of this Agreement. Any violation of this Agreement may be referred to law enforcement authorities. Cards2Life further reserves the right at any time to modify or discontinue, temporarily or permanently, any of the Cards2Life Platforms with or without notice. You agree that Cards2Life will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Cards2Life Platforms. Any provision of this Agreement, which by its terms, ought to survive, shall survive any termination of this Agreement.
Governing Law and Dispute Resolution
Except for disputes relating to the infringement of your or Cards2Life’s intellectual property (such as trademarks, trade dress, copyright and patents) or where you or Cards2Life are seeking a preliminary injunction (“Excluded Disputes”), you agree that all disputes between you and Cards2Life (whether or not such dispute involves a third party) with regard to this Agreement, your use of the Cards2Life Platforms, or any Cards2Life advertisement or promotion, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you hereby expressly waive trial by jury. Neither you nor Cards2Life will participate in a class action or class-wide arbitration for any claims covered by this Agreement. This dispute resolution provision will be governed by the Federal Arbitration Act and, where consistent, Utah law. The arbitration will be conducted in Utah County, Utah, in the English language by three arbitrators appointed in accordance with the American Arbitration Association’s Rules. Judgment on the award rendered by the arbitrators may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrators will not have authority to award punitive or exemplary damages. This Agreement is governed by and construed in accordance with the laws of the State of Utah without giving effect to any principles of conflicts of law. You agree that any action at law or in equity relating to the arbitration provision of this Agreement or the Excluded Disputes will be filed only in the state or federal courts located in Utah County, Utah and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.