The cardaccess-inc.com web site (the “Web Site”) is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained in this agreement. Your use of the Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms and Conditions of Use
Card Access, Inc. (“Card Access”), the owner of the Web Site, reserves the right to change the terms, conditions, and notices under which the Web Site is offered. You are responsible for regularly reviewing these terms and conditions.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, the Web Site is for your personal and non-commercial (other than to purchase products offered on or through the Web Site) use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Web Site.
Links to Third Party Sites
The Web Site may contain links to other web sites ("Linked Sites"). Card Access is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Card Access is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Card Access of the site or any association with its operators. Your visit to a Linked Site is at your own risk.
No Unlawful or Prohibited Use
As a condition of your use of the Web Site, you warrant to Card Access that you will not use the Web Site for any purpose that is unlawful or prohibited by this agreement. You may not use the Web Site in any manner that could damage, disable, overburden, or impair the Web Site or interfere with any other party's use or enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information from Card Access through any means not intentionally made available or provided for through the Web Site.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. CARD ACCESS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEB SITE AT ANY TIME.
CARD ACCESS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED ON THE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. CARD ACCESS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CARD ACCESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEB SITE, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION AND RELATED GRAPHICS OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CARD ACCESS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES.
THE CONTENT AVAILABLE THROUGH THE WEB SITE IS THE PROPERTY OF CARD ACCESS AND IS PROTECTED BY COPYRIGHT AND OTHER INTELLECTUAL PROPERTY LAWS. CONTENT RECEIVED THROUGH THE WEB SITE MAY BE DISPLAYED, REFORMATTED, AND PRINTED FOR YOUR PERSONAL, NON-COMMERCIAL USE ONLY. YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISTRIBUTE, DISSEMINATE, SELL, PUBLISH, BROADCAST OR CIRCULATE THE CONTENT RECEIVED THROUGH THE WEB SITE TO ANYONE, INCLUDING BUT NOT LIMITED TO OTHERS IN THE SAME COMPANY OR ORGANIZATION, WITHOUT THE EXPRESS WRITTEN CONSENT OF CARD ACCESS.
Termination of Access
Card Access reserves the right, in its sole discretion, to terminate your access to the Web Site and the related services or any portion thereof at any time, without notice.
This agreement is governed by the laws of the State of Utah. You hereby consent to the exclusive jurisdiction and venue of courts in Salt Lake County, Utah in all disputes arising out of or relating to the use of the Web Site. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Card Access as a result of this agreement or use of the Web Site. Card Access's performance of this agreement is subject to existing laws and legal process, and nothing contained herein is in derogation of Card Access's right to comply with governmental, court and law enforcement requests, or requirements relating to your use of the Web Site or information provided to or gathered by Card Access with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Card Access with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Card Access with respect to the Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The trademarks, logos and service marks displayed on the Web Site are trademarks or registered trademarks of Card Access and other parties. Nothing contained on the Web Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use a trademark or registered trademark displayed on the Web Site without the written permission of Card Access or the third party that may own the trademark or registered trademark displayed on the Web Site. Your misuse of the trademarks or registered trademarks displayed on the Web Site is strictly prohibited.
Any rights not expressly granted herein are reserved.