This Subscriber Agreement governs your use of cardcops.com. If you agree to be bound by the terms of this Agreement, you should say Yes on the "I AGREE to the Subscriber Agreement" box on the sign-up form. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with the CardCops.com registration process and become a subscriber to CardCops.com.
1. Changes to Subscriber Agreement . We may change the terms of this Agreement at any time by notifying you of the change either electronically or in writing. The changes also will appear in this document, which you can access at any time by selecting Subscriber Agreement within the registered content section. Your use of CardCops.com after changes are made to this Agreement means that you agree to be bound by such changes.
3. Fees and Payments . For the use of fee based services, such as ID PROTECT & ID PROTECT PLUS for consumers and MERCHANT ALARM & CARD MONITOR for merchants, you agree to pay the membership fees, transaction fees, or any other charges incurred in connection with your user account with CardCops.com (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you have arranged to pre-pay via check, we will bill all charges automatically to your paypal account. Unless otherwise specified in a written, signed agreement between CardCops and you, all fees will be billed at the beginning of your membership, beginning of the renewal period, beginning of the month. Per service fees will be billed at the point of service delivery. All fees and charges are only refundable within the first 30 days of purchase or renewal. Fees and charges not cancelled by the subscriber within 30 days are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you believe someone has accessed CardCops.com using your user name and password without your authorization, you must email your request to membership@CardCops.com. You are responsible for any fees or charges incurred to access CardCops.com through an Internet access provider or other third party service.
4. Renewal . Your membership will renew automatically, at the same term and rate, unless we terminate it or you notify us by telephone or mail of your decision to terminate your membership. You must cancel your membership before it renews in order to avoid billing of Membership Fees for the renewal term to your paypal account.
5. Limitations on Use .
a. Only one individual may access CardCops.com at the same time using the same user name or password, unless we agree otherwise.
b. The content available through CardCops.com is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the content available through CardCops.com for your personal, non-commercial use only. You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through CardCops.com to anyone.
c. You agree not to post any content from CardCops.com to newsgroups, mail lists or electronic bulletin boards, without our written consent.
d. You agree not to use CardCops.com for any unlawful purpose. We reserve the right to terminate or restrict your access to CardCops.com if, in our opinion, your use of CardCops.com may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
6. Discussions, Third Party Web Sites, Services and Software . We may link to, or promote, web sites or services from other companies on CardCops.com or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software.
7. ID PROTECT & ID PROTECT PLUS subscriber disclaimer. Whenever possible, CardCops will return any Personally Identifiable Information (PII) deemed compromised. PII could be any of the following: first name, last name, middle name, mother's maiden name, address, email, phone, credit card number, CVV2 number, PIN number, bank account number, or social security number. CardCops makes no guarantees, warranties, or assurances that it will find any of the subcriber's PII, only that if it does, all recovered information will be expeditiously returned to the subscriber.
8. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY . YOU AGREE THAT YOUR ACCESS TO AND USE OF CARDCOPS.COM AND THE CONTENT AVAILABLE THROUGH CARDCOPS.COM IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CARDCOPS.COM AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS ("THE ARDCOPS.COM PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF CARDCOPS.COM FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE CARDCOPS.COM PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CARDCOPS.COM PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
9. General . This Agreement contains the final and entire agreement between us regarding your use of CardCops.com and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of CardCops.com. We may discontinue or change CardCops.com, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of California . The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in California . This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
10. Additional Terms and Notices
. CardCops.com, the CardCops.com Logo are registered trademarks of Trilegiant, Inc.