Terms and Conditions
Please read these terms and conditions carefully.
Your use of the website located at and through www.cardagin.com which is operated by Cardagin Networks, Inc. ("Cardagin") and any of the services offered by Cardagin through its mobile applications (collectively, the "Site"), is expressly conditioned upon your acceptance of these Terms of Service (these "Terms"). By using the Site, you signify your assent to these Terms. If you do not agree with any part of these Terms, you must not use the Site.
2. OWNERSHIP. The Site, including the individual images, graphics, logos, text, and layout, as well as the compilation of the content displayed on the Site (the "Content"), is the copyrighted property of Cardagin. CARDAGIN, the Cardagin Logo, and “LOCAL. PERSONALIZED. MOBILE” are trademarks and/or service marks of Cardagin in the United States and/or other countries. The names of other companies and products displayed on the Site are the trademarks of their respective owners. All such trademarks, service marks, and logos displayed on the Site, whether owned by Cardagin or various third parties, are referred to herein as the "Trademarks." Except as otherwise granted in these Terms, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content or Trademarks.
3. USE OF SITE. Cardagin grants to you a limited, non-transferable license to use the Site in accordance with these Terms. You may only use the Site to view information presented at the Site and to make legitimate inquiries or submissions. You may not use the Site for any other purposes, including without limitation, to make any false or fraudulent inquiries or submissions. The Site and the content provided in the Site, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations, and software, may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of Cardagin and/or its third-party partners, except that you may download, display, and print the materials presented on the Site for your personal, non-commercial use only. You may not use any "robot," "spider," or other automatic device, or a program, algorithm, or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data, or content found on the Site without the prior written permission of Cardagin. You agree that you will not transmit or otherwise transfer any web pages, data, or content found on the Site to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes a burden or load on our infrastructure that Cardagin deems, in its sole discretion, to be unreasonable or disproportionate to the benefits Cardagin obtains from your use of the Site. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark, or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials on the Site, and you must not alter, obscure, or obliterate any of such notices. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark, or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug, or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.
4. AGE AND RESPONSIBILITY. If you register with Cardagin and/or use the Site, you are responsible for maintaining the confidentiality of your account information and your password. You agree to accept responsibility for all activities that occur under your account or password. You represent that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site.
6. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions. Your use of any Cardagin software licensed by Cardagin through a third-party distributor such as the Apple iTunes Store, Android Market, or BlackBerry App World is governed by the applicable current end-user license agreement which is made available through the applicable third-party distributor.
7. REVIEW OF TRANSMISSIONS. Cardagin may, from time to time, monitor and review any information transmitted or received through this Site and reserves the right to sensor, edit, remove, or prohibit the transmission or receipt of any information that Cardagin deems inappropriate or in violation of these Terms.
8. DISCLAIMER OF WARRANTIES. THE SITE AND THE CONTENT LOCATED THEREIN ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, CARDAGIN DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, NEITHER CARDAGIN NOR ITS THIRD-PARTY PARTNERS WARRANT THAT ACCESS TO THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED. CARDAGIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THE SITE, OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF CARDAGIN.
9. LIMITATION OF LIABILITY. CARDAGIN ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING THIS SITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IN NO EVENT SHALL CARDAGIN BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE SITE OR CONTENT FOUND THEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), OR (III) THE PERFORMANCE OR NON PERFORMANCE BY CARDAGIN, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. If, notwithstanding the foregoing, Cardagin or any third-party provider or distributor should be found liable for any loss or damage that arises out of or is in any way connected with any of the above described functions or uses of the Site or its content, the liability of Cardagin and the third-party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the monthly subscription fee and service charge, if any, for accessing the Site, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to Cardagin and without any liability whatsoever, Cardagin at any time and without notice may terminate or restrict your access to any component of the Site. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to you.
10. INDEMNIFICATION . You shall defend and indemnify Cardagin and any third-party providers and distributors and their officers, directors, employees, and agents from and against any claim, cause of action, or demand, including, without limitation, reasonable legal and accounting fees brought by or on your behalf in excess of the liability described herein, or by third parties as a result of your use of the Site or violation of these Terms.
11. LINKS. The Site contains links to other websites which are provided solely as a convenience to you and not as an endorsement by Cardagin of the contents of such other websites. Cardagin shall not be responsible for the content of any other websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
12. CLAIMS OF COPYRIGHT INFRINGEMENT. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please contact us to report possible copyright infringement and include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C.§ 512:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Send this information to: General Counsel, Cardagin Networks, Inc., PO Box 5341, Charlottesville, VA 22905. You can also email us at:firstname.lastname@example.org.
13. GOVERNING LAW. These Terms and its performance shall be governed by the laws of the Commonwealth of Virginia, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Virginia, United States of America, in all questions and controversies arising out of your use of the Site and these Terms. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued. Cardagin controls and operates the Site from its headquarters in the United States of America and the Site may not be appropriate or available for use in other locations. If you use the Site outside the United States of America, you are responsible for following applicable local laws.
14. ENFORCEMENT. If Cardagin takes any action to enforce these Terms, Cardagin will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any costs of litigation, in addition to any other relief, at law or in equity, to which Cardagin may be entitled. You acknowledge that a violation or attempted violation of any provision of these Terms will cause such damage to Cardagin as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Cardagin shall be entitled, as a matter of right, to an injunction, issued by any court of competent jurisdiction, restraining such violation or attempted violation of these Terms by you or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by Cardagin in obtaining such an injunction, including, without limitation, reasonable attorneys' fees. You agree that no bond or other security shall be required in connection with such injunction.
15. TERMINATION. Cardagin may terminate these Terms and/or the provision of any services related to the Site at any time for any reason, including any improper use of the Site or your failure to comply with these Terms. Such termination shall not affect any right to relief to which Cardagin and its third-party providers and distributors may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Cardagin and its third-party providers or distributors, as applicable.
17. SPECIFIC TERMS AND CONDITIONS FOR MOBILE APPLICATION. In addition to all the terms to which you must agree for installing or using the application, software, and services known as CARDAGIN or CARDAGIN MOBILE, including any accompanying documentation, read-me files, or other files (collectively, the "Application"), you, individually, or the entity on whose behalf you are acting ("You" or "Your"), agree that Your use of the Application is subject to the Terms generally and to this provision specifically. READ THE TERMS PRIOR TO INSTALLING OR USING THE APPLICATION. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD THE APPLICATION OR YOU MUST DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
The Application. The Application, known as "CARDAGIN" or “CARDAGIN MOBILE,” is owned by and is being provided to You by Cardagin. Cardagin may elect, in its sole discretion, to change, edit, or discontinue the Application at any time, without notice.
License. Subject to Your acceptance and ongoing compliance with the Terms, Cardagin grants You a personal, non-exclusive, non-transferrable, and limited license to install and use the Application on a single, authorized computing or mobile device located in the United States and its territories or any other country to which this Application is offered by Cardagin for use, provided that all uses must be for personal purposes only. Nothing in this Agreement grants You any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the Application, and Cardagin has no obligation to furnish any such services regarding this Application.
Access. You must provide, at Your own expense, the hardware, computer, equipment, mobile device, internet access, or wireless connection to access and use this Application. Your carrier's standard messaging rates apply to all mobile text messages you initiate from our website to your mobile device. All charges are billed by and payable to your mobile service provider. You agree that the mobile number you enter in your profile is registered in your name and that you will not initiate messages to the mobile phone of any other person or entity. You shall have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which we make the Application available.
Content. The Application may offer features that allow You to, among other things, submit, store, manipulate, and distribute content selected or produced by You ("Individual Content"). You represent and agree that such Individual Content and any use by You of features that allow for the transmission, posting, or sharing of Individual Content shall be Your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable, or in poor taste, and that You have obtained all necessary rights, licenses, or clearances necessary to engage in such activities. In addition, You agree not to modify the format, branding, or advertisements of any other content provided in the Application, whether that content is from Cardagin or a third-party affiliate ("General Content"), or to add any materials, including any advertisements or other promotional content, to such General Content. The General Content is owned by Cardagin or its affiliates or licensors and is protected by intellectual property laws. You are hereby granted a limited, non-exclusive, non-transferable, revocable license to download and use the General Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of, or otherwise use or make available the General Content or the Application except as expressly provided for in this Agreement. YOU SPECIFICALLY ACKNOWLEDGE THAT CARDAGIN SHALL NOT BE LIABLE FOR ANY INDIVIDUAL CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ARISING OUT OR RELATED TO YOUR USE OF THE APPLICATION, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHERMORE, YOU ACKNOWLEDGE AND AGREE THAT CARDAGIN IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE APPLICATION AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.
Third-Party Services. The Application may facilitate Your use of third-party services not provided by Cardagin (“Third-Party Services”). Cardagin makes no representations or warranties regarding the performance of such Third-Party Services, their compliance with applicable laws and regulations, or any other aspect of such Third-Party Services. Your use of Third-Party Services is at Your own risk and You are solely responsible for complying with all legal and contractual requirements necessary for using Third-Party Services.
Disclaimer of Warranties; Liability Limitations. CARDAGIN DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE OR SUSPEND THE APPLICATION AT ANY TIME. FURTHER, YOU ACKNOWLEDGE THAT THE CONTINUED PROVISION OF THE APPLICATION RELIES UPON THE GENERAL OPERATION OF THE INTERNET AND WORLD WIDE WEB AND CERTAIN FACTORS NECESSARY FOR THE CONTINUOUS OPERATION OF THE INTERNET AND WORLD WIDE WEB ARE BEYOND CARDAGIN'S CONTROL. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. Cardagin shall not be liable for any interruption of service that causes You to lose points, lose rewards, or keep you from accessing or recording customer transactions.
Waiver and Indemnity. BY USING THE APPLICATION, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD CARDAGIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS LICENSE, YOUR USE OF THE APPLICATION, YOUR INDIVIDUAL CONTENT, OR ANY ACTION TAKEN BY CARDAGIN AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION BY YOU OF THIS LICENSE.
If you do not agree to the terms contained in this Agreement, please exit the Site.