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Terms and Conditions
The following Terms and Conditions of Use apply to the Cardworks
Web site: www.cardworksonline.com, owned by Cardworks, LLC.
Your Agreement with Cardworks, LLC
Welcome to this Cardworks, LLC Web site. Following are the terms
and conditions that govern your use of this site.
THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT
BETWEEN YOU AND CARDWORKS, LLC ("CARDWORKS, LLC" "WE" OR "OUR").
By using this Web site you agree to all terms and conditions
contained in this document.
Ownership of This Web site
This Web site is owned and operated by Cardworks, LLC. All of the
content featured or displayed on this Web site, including, but not
limited to, text, graphics, photographs, images, moving images,
sound, illustrations and software ("Content"), is owned by Cardworks,
LLC, its licensors and its content providers.
All elements of this Cardworks, LLC Web site, including, but not
limited to, the general design and the Content, are protected by
trade dress, copyright, moral rights, trademark and other laws
relating to intellectual property rights. Except as explicitly
permitted under this or another agreement with Cardworks, LLC or
one of its subsidiaries, no portion or element of this Web site or
its Content may be copied or retransmitted via any means, and this
Web site, its Content and all related rights shall remain the
exclusive property of Cardworks, LLC or its licensors unless
otherwise expressly agreed. You agree to indemnify Cardworks, LLC,
its subsidiaries, its affiliates and licensors against any losses,
expenses, costs or damages incurred by any or all of them as a
result of your breach of the terms of this Agreement or your
unauthorized use of the Content and related rights.
"Cardworks, LLC", "Cardworksonline", and the Cardworks logo
are trademarks of Cardworks, LLC and may be registered in some
countries.
Business relationships
CARDWORKS, LLC makes no representations whatsoever about any
other Web site which you may access through this one. When you
access a non-CARDWORKS, LLC Web site, please understand that it
is independent from CARDWORKS, LLC, and that CARDWORKS, LLC has
no control over the content on that Web site. In addition, a link
to or from a non-CARDWORKS, LLC Web site does not mean that
CARDWORKS, LLC endorses or accepts any responsibility for the
content, or the use, of such Web site. It is up to you to take
precautions to ensure that whatever you select for your use is
free of such items as viruses, worms, trojan horses and other
items of a destructive nature.
You may order services or merchandise through CARDWORKSONLINE.COM
from other persons ("Sellers"), who are not affiliated with
Cardworksonline.com. All matters concerning the merchandise and
services desired from Seller, including, but not limited to, purchase
terms, payment terms, warranties, guarantees, maintenance and
delivery, are solely between you and Seller. Cardworksonline.com
makes no warranties or representations whatsoever with regard to
any goods or services provided by Sellers. You agree that
Cardworksonline.com will not be a party to nor will it be construed
as a party to such transactions, whether or not Cardworksonline.com
may have received some form of revenue or other remuneration in
connection with the transaction. You agree that Cardworksonline.com
will not be liable for any costs or damages arising out of, or
relating to any such transaction between you and any Seller.
Disclaimers
THIS WEB SITE AND ITS CONTENT ARE PROVIDED "AS IS" AND CARDWORKS,
LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR
FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN
THE MATERIALS OF, THIS Web site ARE NOT WARRANTED TO MEET YOUR REQUIREMENTS,
TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT CARDWORKS, LLC, ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE
TO YOUR USE OF THIS WEB SITE.
Certain states in the United States and certain foreign countries
do not permit the exclusion or limitation of implied warranties or
of liability for certain categories of damages. Therefore, some or
all of the limitations above may not apply to you to the extent that
they are prohibited or superseded by applicable laws.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS AND CONDITIONS OF USE,
IN THE PRIVACY POLICY, ELSEWHERE ON THIS
Web site, OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, YOU AGREE THAT
NEITHER CARDWORKS, LLC, NOR ITS DIRECTORS, EMPLOYEES, LICENSORS, CONTENT
PROVIDERS, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR
DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR
INFORMATION-HANDLING SYSTEM, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES) ARISING OUT OF OR
RELATING TO YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF
THIS Web site, ITS CONTENT, OR ANY SITE LINKED TO THIS Web site, WHETHER
OR NOT WE OR YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cardworks, LLC uses reasonable efforts to ensure the accuracy,
correctness and reliability of the Content, but we make no representations
or warranties as to the Content's accuracy, correctness or reliability.
Though Cardworks takes the utmost care to protect your information,
we cannot ensure or warrant the security of any information you transmit
to us. Transmissions to and from the cardworksonline.com Web site, even
if made using a secure browser, may be read or intercepted by third parties.
If any provision of this Agreement or the application thereof to any
person or circumstance is determined by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, the remainder of the Agreement
and the application thereof shall not be affected and shall be enforceable
to the fullest extent permitted by law.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the
laws of the State of North Carolina, USA., the provisions of the 1980 United
Nations Convention on Contracts for the International Sale of Goods shall
not apply to this Agreement. Venue for all disputes arising under or
relating to this Agreement shall lie exclusively in Superior
Court in the State of North Carolina or in the Federal District Court of
of North Carolina (as permitted by law), and each party
consents to the personal jurisdiction of these courts. Notwithstanding
the foregoing, however, you agree that Cardworks, LLC shall have the right
to commence and prosecute any legal or equitable action or proceeding
before any non-US court of competent jurisdiction to obtain injunctive or
other relief against you in the event that, in the opinion of Cardworks,
LLC, such action is necessary or desirable.
No action of Cardworks, LLC, other than an express written waiver or
amendment, may be construed as a waiver or amendment of any of these Terms
and Conditions of Use or Privacy Policy.
We reserve the right to change these Terms and Conditions of Use, the
Privacy Policy, prices, information and available contractual license terms
featured on this Web site without notice. These conditions set out the entire
agreement between Cardworks, LLC and you relating to your use of this Web site.
Registration Information
When you register for CARDWORKSONLINE.COM, you will be required to provide
Cardworksonline.com with the following information: your name, email address,
zip code, member name and password. Cardworks does not sell or rent names,
addresses, address book entries, reminder information or emails to third parties.
See Privacy Policy.
Cardworksonline.com reserves the right to offer you third party services and
products based on the preferences that you identify during the registration
process and based on your subsequent preferences; such offers may be provided
to you by Cardworksonline.com.
You are responsible for maintaining the confidentiality of your Information
and password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify Cardworksonline.com of
any unauthorized use of your registration or password.
Modifications of the Cardworksonline.com
Cardworksonline.com may modify or discontinue CARDWORKSONLINE.COM with or
without notice to you and without liability to you or any third party.
Termination
This agreement shall continue in effect for as long as you are using the
service. Either you or Cardworks, LLC may terminate this terms and conditions
service agreement immediately, without prior notice or cause. To cancel this
service, you must contact Cardworks, LLC via e-mail at
info@cardworksonline.com.
Cardworks, LLC will remove the content of an account within a reasonable time
after cancellation.
Cardworksonline.com reserves the right to terminate your Cardworksonline.com
account if Cardworks learns that you have provided Cardworks with false or
misleading registration information.
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