Terms of Service
1. Acceptance of Terms
"Cardsmix.com" or "us" or "we" or "our") provides its services (described below) to you through the website located at https://cardsmix.com and its related sub-domains (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). Through the Service, we provide credit-related information, products, services and other features.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING WE CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF SERVICE.
BY USING THE SITE, ENGAGING IN THE SERVICE, REQUESTING THAT CARDSMIX.COM CONTACT YOU ABOUT FINANCIAL SERVICES AND CREDIT RELATED OFFERS, YOU AGREE TO ARBITRATE ALL CLAIMS BETWEEN YOU AND CARDSMIX.COM ON AN INDIVIDUAL BASIS ONLY AND NOT AS PART OF ANY CLASS. A "CLAIM" IS ANY CASE, CONTROVERSY, DISPUTE, TORT, DISAGREEMENT, LAWSUIT, LEGAL ACTION, OR CLAIM NOW OR HEREAFTER PENDING BETWEEN YOU AND CARDSMIX.COM, INCLUDING BUT NOT LIMITED TO ANY ALLEGED STATE OR FEDERAL STATUTORY VIOLATION, OR ANY DISPUTE OVER THE INTERPRETATION OF THE TERMS OF SERVICE OR THE ARBITRATBILITY OF ANY CLAIM PURUSANT TO THE TERMS OF SERVICE. THIS AGREEMENT TO ARBITRATE GOVERNS ALL PAST, CURRENT AND PROSPECTIVE INTERACTIONS WITH CARDSMIX.COM. YOU AGREE THAT YOU ARE WAIVING ALL RIGHTS TO (A) A TRIAL BY JURY; (B) PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; AND (C) BRING AN ACTION AGAINST CARDSMIX.COM IN A COURT OF LAW. YOU MAY INDIVIDUALLY ARBITRATE ANY CLAIM AGAINST CARDSMIX.COM IN ANY JURISDICTION IN THE UNITED STATES. THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN FORCE SHALL GOVERN THE ARBITRATION (provided however, that the terms of these Terms of Service shall control over any inconsistency between the Rules of the American Arbitration Association and the Terms of Service). The arbitrator shall have authority to interpret the Terms of Service, including but not limited to the authority to decide whether any claim is arbitrable under the Terms of Service and to decide issues related to the scope of arbitration, the rules of arbitration, the arbitrator's jurisdiction, and the enforceability of the Terms of Service. You agree that the Terms of Service involve commerce under 9 U.S.C., Section 1 et. seq., and that this Arbitration Clause is governed by federal law, including the Federal Arbitration Act. The remainder of the Terms of Service are governed by the state of California as provided in Section 36 below.
If you don't agree to these Terms of Service, don't use the Service. We can change these Terms of Service at any time without any notice to you. We will change the last revised date above when we make any changes and post a new version of these Terms of Service on our Site. It is your responsibility to review these Terms of Service from time to time for any changes as it creates a binding legal agreement between you and Cardsmix.com.
2. Permission to Use the Service
You have our permission to use the Service, but only if:
- you are over 18 years old;
- you are using the Service for your own personal use and not for commercial purposes;
- you do not copy the Service or any part of the Service;
- you do not modify the Service or any part of the Service;
- you follow all the rules and restrictions in these Terms of Service.
To ensure that Cardsmix.com provides a high-quality experience for you and other users of the Service, you acknowledge and agree that Cardsmix.com or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Service. Cardsmix.com is not required to disclose such an investigation unless required to do so by law. Cardsmix.com will cooperate fully with any law enforcement agencies in their investigation of potential violation of any applicable laws.
3. Accounts; Passwords; Security
You may need to set up an account in order to use some of the features of the Service. You should not use someone else's account. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using someone else's name or contact information, or a phony name or phony contact information. You have complete responsibility for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable.
4. Personal Use Only
We are making the Service available to you for your information and personal use only. You may not (and you agree not to) use, copy, distribute, transmit, broadcast, sell, or do anything else with the Service for any other purpose.
5. User Content
You are solely responsible for any User Content you post to the Service, and the consequences of posting or publishing it. By "User Content", we mean any Content you post to the Service. "Content" means information, data, text, software, music, sound, photos, graphics, videos, messages, tags, interactive features, or any other materials. When we say "post", we include posting, uploading, sharing, submitting or otherwise providing User Content in any manner in connection with the Service.
6. Restrictions on User Content and Your Conduct
You may not:
1. use our Service for any illegal purpose;
2. submit User Content that you don't have the right to submit, unless you have the owner's permission; this includes material covered by someone else's copyright, patent, trademark, trade secret, privacy, publicity, or any other proprietary right;
3. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
4. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
5. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
6. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
7. impersonate anyone else or lie about your affiliation with another person or entity;
8. use meta tags or any other "hidden text" utilizing any of our or our suppliers' product names or trademarks;
9. upload, launch, post, email or transmit any material (including any bot, worm, scripting exploit or computer virus) that is likely to harm or corrupt our Service, or harm or corrupt our or anyone else's computer systems, or data;
10. use our Service to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
11. collect or gather other people's personal information (including account information) from our Service;
12. submit User Content which disparages us or our partners, vendor or affiliates; or
13. solicit, for commercial purposes, any users of our Service.
We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
7. Intellectual Property Rights in User Content
8. User Content You Share Becomes Public
In addition, we may be required to disclose your User Content to third parties if we have a good faith belief that access, use, preservation or disclosure of such User Content is reasonably necessary to (a) satisfy any applicable law, rule, regulation, legal process or enforceable governmental request, (b) enforce these Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Cardsmix.com, its users or the public as required or permitted by law.
9. We Are Not Responsible for User Content
We do not endorse any User Content or support any views, opinions, recommendations, or advice that may be in user submissions. User Content comes from a variety of sources, and we make no promises about the reliability of any source or the accuracy, usefulness, safety, or intellectual property rights of any user submission. You may be offended by User Content that you see on the Service. You may find some of it to be inaccurate, offensive, indecent, or objectionable. YOU USE ALL USER CONTENT ENTIRELY AT YOUR OWN RISK. YOU AGREE NOT TO HOLD US RESPONSIBLE IN ANY WAY FOR YOUR USE OF OUR SERVICE, INCLUDING YOUR EXPOSURE TO USER CONTENT.
10. Proprietary Rights
Cardsmix.com and its suppliers retain all right, title and interest (including all trademark, copyright, trade secret, patent and other rights) in and to the Service and Content which is included in the Service (other than User Content). If you give feedback on the Service, for example recommendations for improvements or features, implementation of that feedback is owned by us and may become part of the Service without compensation to you. We reserve all rights in and to the Service unless we expressly state otherwise. The Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
You may not decompile, reverse engineer, disassemble, or otherwise reduce the code embodied in, or otherwise applicable to, the Service to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose or otherwise distribute any part of the Service.
All brand, product and service names used in the Service which identify Cardsmix.com or our suppliers and our or their proprietary products and services are the trademarks or service marks of Cardsmix.com or our suppliers. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Cardsmix.com or such supplier with respect to any such image, logo or name.
You agree not to disable, interfere, or try to get around any of the features of the Service related to security, preventing or restricting use or copying of any Content, or enforcing the limits on the use of the Service or the Content on the Service.
11. Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our Service to infringe anyone else's copyright or other intellectual property right. If we find out that you are infringing, we may remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer. We consider a repeat infringer to be a user who has been notified of infringing activity more than twice or who has had User Content removed from our Service more than twice.
12. Our Rights to Communicate and Use Information
13. How to Communicate with Us
For any issues regarding our Services please email us at [email protected].
14. Storage and Availability
We are not a content-archiving service. We do not promise to store or make available on our Service any User Content that you submit, or any other Content, for any length of time. This includes information previously provided to you in the Credit Report Card or Identity Risk Score, which we may cease providing at any time. You are solely responsible for keeping back-ups of everything you post on our Service.
You acknowledge that temporary interruptions in the availability of the Service may occur from time to time as normal events. Also, we may decide to cease making available the Service or any portion of the Service at any time and for any reason. Under no circumstances will Cardsmix.com or its suppliers be held liable for any damages due to such interruptions or lack of availability.
15. Sale of Products
Our Service may also include the offer for sale of certain products (whether software, services, or other merchandise) (each, a "Product"). Any offer for sale or purchase of such Products is subject to the terms of sale and warranty (if any) provisions of the vendor offering the particular Product through our Service (including through any shopping cart for the particular Product). We are not responsible for any such transactions or Products unless we are the vendor, in which case the terms of purchase we have posted for that Product shall apply. Purchase of such Products is optional and voluntary, and you must affirmatively request or consent to purchase any such Product.
16. Links to Other Sites
There may be links within the Services, or communications you receive through the Services, to third party sites or applications or our Services may include third party content that we do not control, maintain or endorse (all such sites or applications and third party content, collectively "Third Party Content"). You expressly acknowledge and agree that we are in no way responsible or liable for any Third Party Content, including, without limitation, any damages, losses, failures or problems caused by, related to or arising from such Third Party Content. Your correspondence and business dealings with third parties, including with respect to the financial products or services offered by such third parties, and any terms, conditions, policies, representations or warranties associated with such business dealings, are solely between you and the third party. You should review all of the relevant terms, conditions, policies, representations or warranties associated with such Third Party Content, including any privacy policies and terms of service that may be on a third party site or application that you visit or use. We disclaim any harm, including, without limitation, harm related to your personal information that may arise out of or relate to your access to or use of Third Party Content, including Third Party Content that is available on or through our Services.
YOU AGREE THAT CARDSMIX.COM WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO WITH A THIRD PARTY, ANY INFORMATION YOU PROVIDE TO A THIRD PARTY, A THIRD PARTY’S COMPLIANCE WITH LAW, OR A THIRD PARTY’S MISUSE OF YOUR INFORMATION.
17. Policy on Linking to the Cardsmix.com Service
You are granted a limited, non-exclusive right, which we may revoke at any time, to create a hypertext link to the website found at cardsmix.com. If you exercise this limited, non-exclusive right, however, you must agree to the following:
1. You will not portray Cardsmix.com, its affiliates or Partners or their respective products and services in a false, misleading, offensive, derogatory, or otherwise defamatory manner.
2. You will not misrepresent your relationship with Cardsmix.com nor imply that Cardsmix.com sponsors, endorses, or is affiliated with any website, products or services.
3. You will not replicate, modify, or alter the appearance or content of the Service.
4. You will not use, frame, or utilize framing techniques to enclose any Cardsmix.com trademark, logo, or other proprietary information, the images found in the Service, the content of any text, or the layout and design of any page or form contained on a page on the Cardsmix.com website without the express prior written consent of Cardsmix.com.
Furthermore, a site that links to the Service:
1. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
2. Must not contain materials that would violate any laws.
If you exercise this limited, non-exclusive right to create a hypertext link to the Service, you agree that the link must be removed at any time, immediately upon Cardsmix.com's request.
18. Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. CARDSMIX.COM AND ITS AFFILIATES, SUPPLIERS, PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CARDSMIX.COM AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND PARTNERS MAKE NO WARRANTY THAT (A) THE SERVICE OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (C) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT CARDSMIX.COM WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND CARDSMIX.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
ALTHOUGH CARDSMIX.COM STRIVES TO PROVIDE INFORMATION THAT CONSUMERS MAY FIND HELPFUL, THIS INFORMATION SHOULD NOT BE CONSIDERED CREDIT OR LEGAL ADVICE. YOU SHOULD NOT USE THE GENERAL INFORMATION PROVIDED BY THE SERVICE AS A SUBSTITUTE FOR THE ADVICE OF A COMPETENT PROFESSIONAL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
19. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, CARDSMIX.COM AND ITS AFFILIATES, SUPPLIERS, PARTNERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY PRODUCT, SERVICE OR CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (A) YOUR USE OR INABILITY TO USE OUR SERVICE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM OUR SERVICE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (D) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARDSMIX.COM'S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, PARTNERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF THE GREATER OF (A) $100 OR (B) THE AGGREGATE FEES YOU HAVE PAID TO CARDSMIX.COM FOR SERVICES IN THE SIX (6) MONTHS PRECEDING THE DATE THE CLAIM AROSE.
You agree to indemnify, defend (if we so request) and hold harmless Cardsmix.com and its affiliates, Partners, suppliers, partners, officers, agents, and employees from and against any claim, demand, losses, damages or expenses (including reasonable attorney's fees) arising from any User Content, your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of any third party. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
21. Termination and Suspension
We may terminate or suspend your permission to use the Service immediately and without notice upon any violation of these Terms of Service, your failure to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems or for engagement by you in fraudulent or illegal activities. If we terminate your use of the Service for any of these reasons or otherwise for cause, we will not refund any fees you may have paid, whether for access to the Service or for Products (if applicable).
You may terminate your use of the Service by closing your Cardsmix.com account and/or ceasing to access the Service. If you need help closing your account, please contact us as described in Section 14 above.
Upon any termination we may delete your account, data, passwords and User Content and we may bar you from further use of the Service. You understand that we may also continue to make your User Content available on the Service even if your use of the Service is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, User Content or access to the Service.
22. Export Control
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Service, in violation of any applicable laws, rules or regulations, including, without limitation, United States export laws and regulations.
23. International Use
Because you can access this Site and use the Services internationally, you agree to follow all local rules about the Internet, data, e-mail, and privacy. Specifically, you agree to follow all laws that apply to transmitting technical data exported from the US or the country of your residence.
24. Additional Terms
Portions of the Service may be accompanied by additional terms which apply to specific features or areas of the Service. Those additional terms supplement these terms with respect to your use of those features or areas.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between CardsMix.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. CardsMix’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. CardsMix may assign its rights and duties under this Agreement to any party at any time without notice to you.
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