Terms of Use for cardlesstechnologies.com

·                    

Agreement between User and Cardless Technologies, LLC (“Cardless”)

Welcome to CARDLESS's web site. CARDLESS's web site is comprised of various web sites and web pages operated by CARDLESS or its business partners ("Partners") as well as other web sites that may be added in the future (collectively the "CARDLESS Sites").

Access and use of the CARDLESS Sites, CARDLESS is provided, subject to the following Terms of Use ("TOU"). The TOU may be updated by CARDLESS from time to time without notice., and which updates become effective when posted. Please regularly review the TOU for any updates. In addition, when using particular CARDLESS web sites or services, you and CARDLESS shall be subject to any guidelines or rules posted and applicable to such sites or services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these TOU. In the event that any of the terms, conditions, and notices contained herein conflict with such guidelines or rules, then the TOU shall control.

You agree to be bound by these TOU, and agree to be bound by any access or use of CARDLESS Sites and services (the "Agreement"). If you do not agree to or wish to be bound by these TOU, do not access and use the CARDLESS Sites and services.

1. Permitted Use. Subject to these TOU, you are hereby granted by CARDLESS the right to access and use the CARDLESS Sites solely for the following purposes: (i) if you are accessing the CARDLESS Sites as an individual, then any and all use of the CARDLESS Sites is solely for your personal, non-commercial use only; or (ii) if you are accessing the CARDLESS Sites on behalf of a business entity, then any and all use of the CARDLESS Sites may only be for the internal business purposes in connection with the establishment or continuation of a business relationship with CARDLESS. CARDLESS retains all rights with respect to the CARDLESS Sites except those expressly granted to you in this Agreement. Except as expressly permitted hereunder, you agree not to duplicate, publish, modify, or otherwise distribute the material on the CARDLESS Sites unless specifically authorized in writing by CARDLESS to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the CARDLESS Sites. Such framing is strictly prohibited under this Agreement. The content and software on the CARDLESS Sites are the proprietary property of CARDLESS and/or its suppliers and Partners and are protected by U.S. and international copyright and other intellectual property laws. CARDLESS is the trademark of CARDLESS. The names of actual companies and products listed on the CARDLESS Sites may be the trademarks of their respective owners.

2. Links to Third Party Sites. The CARDLESS Sites may contain links or produce search results that reference links to third party web sites ("Third Party Sites"). CARDLESS has no control over and has no responsibilities related to these Third Party Sites or the content within them. CARDLESS cannot and does not guarantee, represent, or warrant that the content contained in the Third Party Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. CARDLESS does not approve or endorse the content of any Third Party Site, nor do we warrant that a Third Party Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the CARDLESS Sites to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against CARDLESS for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Third Party Site, please let us know at support@cardlesscontactcom, and we will investigate the link and take appropriate action.

3. No Unlawful or Prohibited Use. As a condition of your use of the CARDLESS Sites, you warrant to CARDLESS that you will not use the CARDLESS Sites for any purpose that is unlawful or prohibited by these TOU. You agree not to use the CARDLESS Sites in any manner which could damage, disable, overburden, or impair the CARDLESS Sites or interfere with any other party's use and enjoyment of the CARDLESS Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the CARDLESS Sites. Furthermore, when using CARDLESS, you agree that you will honor CARDLESS's policy of prohibiting any profanity on the CARDLESS sites. Any and all profanities will be altered or removed and your account maybe 'flagged', temporarily closed or permanently removed.

4. Privacy and Disclosure of Information. We believe that your privacy and the privacy of all our users is important. Please review our Privacy Policy here.The posting any content on the CARDLESS Sites by you, whether by electronic mail or otherwise and shall be treated as non-confidential and non-proprietary to you. You authorize us to use and allow others to use, distribute, and reproduce any content posted by you.

CARDLESS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in CARDLESS's sole discretion.

5. Ownership of Submitted Content. You agree that any and all information and content that you provide to the CARDLESS Sites becomes the exclusive property of CARDLESS, and you hereby irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to CARDLESS upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.

6. Warranty Disclaimer. CARDLESS does not and will not promise that the CARDLESS Sites will be error-free, uninterrupted, nor that the CARDLESS Sites will provide specific results from your use of any content, search or link on them. The CARDLESS Sites and all content contained within them are delivered on an "AS IS" and "AS AVAILABLE" basis. CARDLESS does not warrant or represent that files you download from the CARDLESS Sites will be free of viruses or other harmful features. CARDLESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

7. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL CARDLESS, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE CARDLESS SITES. IN NO EVENT SHALL CARDLESS'S AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF CARDLESS'S AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE CARDLESS SITES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO CARDLESS FOR ACCESSING THIS SITE; OR (B) TEN U.S. DOLLARS ($10.00).

8. Additional Representations and Warranties. You represent, warrant, and covenant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and, (c) you will only use the CARDLESS Sites in accordance with these TOU.

9. Indemnity. You agree to indemnify and hold CARDLESS and its Partners, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorney's fees, at trial or on appeal, arising from or related to your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

10.  Designated Agent for Alleged Copyright Infringement. CARDLESS honors the intellectual property of others, and we ask you to do the same. If you believe some content on the CARDLESS Sites has been copied in such as way to constitute copyright infringement, please contact the individual listed below:

 

Todd Bennett, COO and Co-Founder

11.  General. This Agreement shall be governed in all respects by the laws of the State of California, USA without giving effect to its conflict of laws provisions, or any other provisions that would result in the application of a different body of law. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of California, County ofContra Costa, USA, and further agree that any cause of action arising under this Agreement shall be brought in such venue. Notwithstanding the foregoing, CARDLESS may, at any time, seek injunctive or other equitable relief, wherever it deems appropriate, to protect or enforce its rights under this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. CARDLESS's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.

ADDITIONAL LANGUAGE FOR COMMUNITY SERVICES

12.  Use of Cardlesstechnologies.com Community Services. If you participate in any chat rooms, bulletin boards, or other forum (collectively "Community Services") within the site, you agree that any information, including without limitation discussion posts, chat posts, IM posts, web links, advertisements, articles, white papers, and reviews, posted by you:

a.    shall not be false, inaccurate or misleading;

b.    shall not be fraudulent;

c.    shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

d.    shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

e.    shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;

f.     shall not be obscene or contain child or other pornography;

g.    shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

h.    shall not create liability for Cardlesstechnologies.com, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers and Partners; and

i.     shall not link directly or indirectly to links you do not have a right to link to or include.

Cardlesstechnologies.com has no obligation to monitor the Community Services. However, Cardlesstechnologies.com reserves the right to review materials posted to a Community Service and to remove any materials in its sole discretion. Cardlesstechnologies.com reserves the right to terminate your access to any or all of the Community Services at any time without notice for any reason whatsoever. Cardlesstechnologies.com does not control or endorse the content, messages, or information found in any Community Service, and, therefore, Cardlesstechnologies.com expressly disclaims any liability with regard to the Community Services and any action resulting from your participation in the Community Services. All such participation is solely at your own risk.