Last updated: September 5, 2023
The Services are made available only in the United States and may only be accessed or used by you from within the United States.
In order to access some of the features of the Site or use some of the Services, you will have to create an account (an “Account”). You represent and warrant to CardFlight that all information you submit when you create your Account is accurate, current and complete and that you will keep your Account information accurate, current and complete. If CardFlight has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, CardFlight reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether or not authorized by you, and for keeping your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss CardFlight or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person. You should never publish, distribute, or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
4. Hardware Services.
a. SwipeSimple Hardware.
CardFlight owns and operates the SwipeSimple card reader and payment gateway (“SwipeSimple”). SwipeSimple is a mobile payment acceptance solution that integrates with a merchant’s existing business. SwipeSimple hardware products and services (“SwipeSimple Hardware”) may be purchased by you directly from us or through an authorized CardFlight reseller. Unless you have our express consent, you shall only use SwipeSimple Hardware for your own use of the Services and may not resell, rent, lease, or otherwise distribute any such SwipeSimple Hardware or Services. You may not use the Services or SwipeSimple Hardware to act as a payment intermediary, aggregator or service bureau. Except as permitted herein, you may not use the Services to handle, process, or transmit funds for any third party or process cash advances at any time.
c. Cards and Networks.
i. Currently, the Services can process transactions involving most, but not all, cards issued by Visa, MasterCard, American Express, or Discover (each an example of a “Network”) (collectively, the cards shall be referred to as “Accepted Cards”). We may change the list of Accepted Cards with or without prior notice to you.
ii. By using the Services and accepting payments from certain Networks, you agree to also comply with those Networks’ bylaws, rules, and regulations (“Network Rules”). Please carefully read Network Rules to ensure that you comply. Networks may change their applicable Network Rules from time to time, and it is your responsibility to review Network Rules frequently.
iii. If you are a merchant, in order to use the Services, you must also have a valid merchant agreement with an authorized acquiring service provider (“Merchant Agreement”) or enter into a sub-merchant agreement with us (“Sub-Merchant Agreement”), and you represent and warrant that you will only use the Services in a manner that is permitted by such Merchant Agreement or Sub-Merchant Agreement.
d. Additional Transaction Requirements.
If you are a merchant user, you agree, in accordance with requirements set forth in any and all Network Rules and/or Merchant Agreement(s) or Sub-Merchant Agreement(s) applicable to you, to (i) require consumers making in-person payments through your SwipeSimple payment gateway (each, a “Customer”) to sign for any and all transactions where required and (ii) to make written receipts available to every Customer.
5. Use License.
iii. The license for the Services is conditioned upon payment of any applicable fees due hereunder.
iv. If you use the Services to sell goods or services at your merchant business and use a payment system other than credit or debit card, then your use of the Services may be dependent on additional terms and conditions.
i. Whilst processing a transaction, you may use the Services for the capture and submission of Transaction Data and Cardholder Data only. As used herein, (A) “Cardholder Data” has the meaning stated in the PCI Software Security Framework Glossary of Terms, Abbreviations, and Acronyms and includes any other data related to or arising from mobile payment and/or any other third party electronic wallets, and (B) “Transaction Data” means payment processing related transactional information, including the price paid for products or services, date, time, approval, unique transaction number, store identifier, and bank information relating to a transaction.
ii. You acknowledge and agree that:
(A) CardFlight’s role is to capture and securely transmit Transaction Data and Cardholder Data to your acquiring service provider;
(B) CardFlight is not responsible for authorizing card payment transactions and CardFlight does not at any time come into possession of the funds to be transferred; and
(C) Unless you have a Sub-Merchant Agreement with us, CardFlight is providing its services as a technical service provider in support of the provision of payment services provided to you by your acquiring service provider (and such payment services will be subject to your Merchant Agreement with such acquiring service provider), and CardFlight will not have any liability (whether arising in contract, tort (including negligence) or otherwise) to you arising out of or in connection with the provision of payment services by your acquiring service provider.
iii. Where CardFlight is transmitting Transaction Data and Cardholder Data to or from your acquiring service provider, CardFlight will act as your duly authorized representative in providing or receiving the Transaction Data and Cardholder Data on your behalf.
a. Your Content.
In connection with your Account and your use of the Services, you may be able to upload, post, publish, share, store, or manage photos, logos and other materials or information (“User Content”). You agree that you will not upload, post, publish, share, store, or manage any User Content unless you have created that content yourself or you have permission from the content owner to do so. By submitting User Content through your Account or the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, and prepare derivative works of the User Content in connection with the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). For clarity, the foregoing license grants to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. By uploading, posting, publishing, sharing, storing, or managing User Content through your Account or the Services, you represent and warrant (i) that you have all necessary rights to distribute User Content through your Account or the Services and to grant such licenses to us, and (ii) User Content does not infringe or violate of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account or the Services, and the consequences of, and requirements for, distributing it. You agree to back-up all of your User Content so that you can access and use it when needed. We do not warrant that we back-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
b. Information You Receive From Others.
You may receive information from other Users or third parties in connection with your use of the Services. You are strictly required to keep such information confidential and you may use such information solely in connection with the Services. Unless you have received express consent from the party who provided such information to you, you may not under any circumstances use the information for marketing purposes or disclose or distribute any other User’s or third party’s information to another third party.
7. User Submission.
In connection with your Account and your use of the Services, you may be able to upload, post, publish, share, store, or manage ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations (“User Submissions”). You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate us to treat your User Submissions as confidential or secret, that we have no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that we may be working on the same or similar content, we may already know of such content from other sources, we may simply wish to develop this (or similar) content on our own, or we may have taken / will take some other action. CardFlight shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions uploaded, posted, published, shared, stored, or managed to the Site or your Account, and shall be entitled to the unrestricted use and dissemination of any User Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
8. CardFlight Content.
Except for User Content, the content on the Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“CardFlight Content”), are owned by or licensed to CardFlight in perpetuity, and are subject to copyright, trademark, and/or patent protection and other intellectual property rights under applicable laws. CardFlight Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of CardFlight.
9. Intellectual Property Ownership.
a. You acknowledge that the business and technical information you receive from CardFlight and its third-party partners incorporate confidential and proprietary information (“Confidential Information”) that is valuable to CardFlight. You agree to treat such Confidential Information as confidential and to take all reasonable precautions necessary to safeguard the confidentiality of the Confidential Information, including (i) those taken by you to protect your own confidential information and (ii) those, which we or our authorized representative may reasonably request from time to time. You will not allow the removal or defacement of any confidentiality or proprietary notice placed on the Site or the Services. The placement of copyright notices on these items will not constitute publication or otherwise impair their confidential nature.
11. General Rules of Conduct.
b. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Service that:
i. infringes on the intellectual property rights of any person or entity;
ii. violates the privacy or publicity rights of any person or entity, or breaches any duty of confidentiality that you owe to any person or entity;
iii. you know is false, misleading, untruthful or inaccurate;
iv. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or is otherwise inappropriate (as determined by us in our sole discretion);
v. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
vi. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vii. impersonates any person or entity, including any of our employees or representatives; or
viii. includes anyone’s identification documents or sensitive financial information.
d. You acknowledge and agree that you will not:
i. take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
ii. interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
iii. bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
iv. run any form of auto-responder or “spam” on the Services;
v. use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site or Services;
vi. harvest or scrape any content or data from the Services;
vii. permit any third party to use and benefit from the Service via a rental, lease, timesharing, service bureau or other arrangement;
ix. perform any false, abusive or fraudulent activity; or
x. otherwise take any action in violation of our guidelines and policies.
e. You further acknowledge and agree that you will not (directly or indirectly):
i. decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction;
ii. modify, translate, or otherwise create derivative works of any part of the Services;
iii. copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations; or
iv. use the software embedded in any SwipeSimple Hardware in other devices.
f. You shall notify us as soon as you are aware of any unauthorized use of the Services by any person.
g. You are aware that we may from time-to-time call you about your Account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether we ask you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which we are a party. Further, by providing your mobile number, you consent to receive marketing SMS messages or marketing telephone calls from or on behalf of CardFlight that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any good or service from us. Message and data rates may apply.
j. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:
i. satisfy any applicable law, regulation, legal process or governmental request;
iii. detect, prevent, or otherwise address fraud, security or technical issues;
iv. respond to User support requests; or
v. protect the rights, property or safety of us, our Users and the public.
12. Availability of Site and Services.
13. Discontinued Services.
We reserve the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services, at any time, for any or no reason, and without prior notice. Although we make great effort to maximize the lifespan of all our Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued. If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by us. We will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.
14. No Financial Advice.
The Services are not intended to provide financial advice. Much of the information provided is dependent upon end user data, which may be inaccurate or not up-to-date. Any information provided is for general informational purposes only. CardFlight cannot and does not guarantee the accuracy, completeness, timeliness or reliability of, or otherwise endorse, any information provided on or through the Services.
15. No Banking Services.
We are not a bank, and we do not offer banking services as defined by the United States Department of Treasury. We also do not offer money service business services as defined by the United States Department of Treasury.
a. Disputes, Adjustments, Chargebacks, and Erroneous Transactions.
i. The Services act as a platform to assist merchants in receiving payments from consumers. Any dispute between you and a reseller, merchant, or consumer is between you and that party. You understand and agree that CardFlight is not responsible for the performance or conduct of any user or other third parties using the Services. All transactions are solely between the users involved in such transaction, and CardFlight expressly disclaims, and you expressly release CardFlight from, any and all liability related to disputes, dealings, or interactions with other users. CardFlight shall have the right, but no obligation to investigate, intervene in, and/or attempt to resolve any dispute between users.
iii. You hereby acknowledge and agree that some transactions may be contested, which may lead to us or a third party reversing or charging back the amount of a transaction to your Linked Account (a “Chargeback”). We assume no liability for transactions that are disputed or that are erroneously processed and/or authorized. If any transaction is subject to a Chargeback, you agree to comply with the Chargeback procedure as set forth in your Merchant Agreement and assume all liability associated with such Chargebacks. You may receive a Chargeback even if your returns and refund policy prohibits returns. We or a third party may apply a Chargeback to your Linked Account if a transaction is disputed, reversed (either by a Customer, Network, financial institution, or acquirer), or not authorized, or we determine in our reasonable discretion that the transaction is unauthorized, unlawful, suspicious, or in violation of any applicable terms between you and us. We may limit, terminate, or suspend your Account if we determine that you are incurring an excessive amount of Chargebacks or we may change the terms under which we make the Services available to you.
iv. If you incorrectly process a transaction, you must notify us in writing within thirty (30) days of the date of the transaction. We will take commercially reasonable efforts to attempt to resolve the processing error, however, failure to notify us within the thirty (30) day period will be deemed a waiver of any right to amounts owed to you.
16. Illegal or Unauthorized Use.
17. Third Party Services.
The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. By using the Site and the Services, you expressly release us from any and all liability arising from your use of or reliance on any on any such third party website or resource.
18. Fees and Payments.
You agree to pay us for all amounts due for Services at the prices then in effect for such Services. You authorize us to charge your chosen payment method (your “Payment Method”) for such amounts. All fees are non-refundable. CardFlight reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Your Payment Method on file must be kept valid if you have any active Services. If for any reason we are unable to charge your Payment Method for the full amount owed, or if we receive notification of a chargeback, reversal, or payment dispute, you agree that we may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any of the Services. You are solely responsible for determining the amount of, collecting, withholding, reporting, and remitting any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Services (“Taxes”). We specifically disclaim any liability for Taxes and will not calculate, collect, apply, report or remit any Taxes on your behalf or in connection with any transaction.
b. Purchases Made Through the Services.
We use technical and procedural measures to secure your personal information and User Content from accidental loss and unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that these measures will always be effective. Additionally, we also cannot guarantee the security of other Users’ applications. You acknowledge that you provide your personal information at your own risk. Furthermore, you represent and warrant that you will use best available security measures in accordance with the highest industry standards in your use and access of the Services. We reserve the right to terminate a User without notice if we suspect that they are at risk of a security breach.
21. Service Updates.
22. Representations and Warranties.
a. You represent, warrant and undertake that:
i. you are a natural person or a legal entity duly organized, validly existing and as applicable in good standing under the laws of jurisdiction of your presence or incorporation;
ii. you are properly registered to do business in all jurisdictions in which you carry on business;
vi. any transaction submitted by you represents a bonafide transaction made by you and accurately describes the goods and/or services sold and delivered to a Customer;
vii. you will fulfill all of your obligations to each Customer;
viii. you will resolve any disputes or complaints directly with the party with whom you transact;
ix. no transaction submitted by you through the Services will represent a sale to any principal, partner, proprietor or owner of your entity, except as made in the ordinary course of business, or will be made with any of your own credit, debit or other payment cards (except as reasonably needed to test the Services);
xii. you will promptly inform us of any action or event of which you become aware that has the effect of making materially inaccurate, any of your representations or warranties.
b. Each party represents and warrants that:
c. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
i. which Users gain access to the Services;
ii. what content you access via the Services, or how you may interpret or use such content; or
iii. any disputes between you and any other User.
d. You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the Services.
23. Disclaimer of Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SITE AND THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS.” WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE. WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY SERVICE PROVIDERS OR THROUGH THE SERVICES WILL CREATE A WARRANTY OF ANY KIND, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. WE ARE NOT A PARTY TO AND WE DO NOT IN ANY WAY MONITOR ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
24. Third Party Products and Services
WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE WHATSOEVER IN RELATION TO THIRD PARTY PRODUCTS OR SERVICES. YOUR USE OF THIRD PARTY PRODUCTS AND SERVICES IS AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND EXPRESSLY DISCLAIM ANY LIABILITY FOR CLAIMS OF LOSS AND/OR FRAUD INCURRED RESULTING FROM THE USE OF OR CONCLUSIONS DRAWN FROM ANY THIRD PARTY PRODUCT OR SERVICE.
26. Limitation of Liability.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL CARDFLIGHT’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 U.S. DOLLARS.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITE OR THE SERVICES.
27. U.S. Export Laws.
28. Governing Law and Jurisdiction.
Agreement to Arbitrate
IMPORTANT – PLEASE REVIEW THIS SECTION CAREFULLY AS THIS AFFECTS YOUR LEGAL RIGHTS.
b. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and we each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address on record in your Account; you can contact us by email at email@example.com. If after a good faith effort to negotiate for a minimum of thirty (30) days, either you or we feel the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
c. Exceptions to Informal Negotiations and Arbitration. You and we agree that the following disputes are not subject to the above provisions concerning informal negotiations and binding arbitration and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
d. Prohibitions of Class Actions. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding.
f. Severability. With the exception of any of the provisions in the Prohibition of Class Actions section above, if a court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that any of the provisions in the Prohibition of Class Actions section above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Agreement to Arbitrate shall be arbitrated under its terms. These arbitration provisions will survive the termination of your relationship with us.
29. Service Modifications/Suspensions.
We reserve the right, in our sole discretion, to change, suspend, or discontinue, temporarily or permanently, the Services (including without limitation, the availability of any feature, database, or content) at any time, with or without notice to you. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. You acknowledge and agree that we are not liable to you or to any third party for any modification, suspension, or discontinuance of any part or all of the Services or any limits or restrictions imposed on the Services.
30. Copyright Dispute Policy.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
b. Identification of works or materials being infringed;
c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
d. Contact information about the notifier including address, telephone number and, if available, e-mail address;
e. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
g. Please contact the Designated Agent to Receive Notification of Claimed Infringement for CardFlight at:
228 Park Ave S, Suite 61702
New York, NY 10003
31. Apple Device and Application Terms.
In the event you are accessing the Services via an application on a device provided by Apple, Inc. (“Apple”) or an application obtained through the Apple App Store (each, an “Application”), the following shall apply:
c. You will only use the Application in connection with an Apple device that you own or control;
d. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
e. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure;
f. upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
g. You acknowledge and agree that we, and not Apple, are responsible for addressing any claims you or any third party may have in relation to the Application;
h. You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
i. You represent and warrant that you are not located in a country subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
j. Both you and we acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
32. Messaging Policy.
The Services offers the ability to send receipts and transactional information via SMS messages. We will communicate with Customers via SMS for the purposes of transaction notifications and other details. By providing us with a Customer’s mobile number, you represent that you have obtained the Customer’s consent and/or permission to share the Customer’s mobile number with us and/or receive transaction notifications from us. Participating carriers include: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. Carriers are not liable for delayed or undelivered messages. T-Mobile is not liable for delayed or undelivered messages. Message and data rates may apply. Customers can cancel the SMS service at any time by texting “STOP” to the sending phone number. We will respond with a single SMS message to confirm that they have been unsubscribed. For instructions on how to use our service as well as how to unsubscribe you may contact CardFlight support at: +1 (800) 783-5596 or email us at firstname.lastname@example.org.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
35. Consent to Electronic Communications.
We reserve the right, in our sole discretion, to discontinue the provision of your electronic communications, or to terminate or change the terms and conditions on which we provide electronic communications. We will provide you with notice of any such termination or change as required by applicable laws.
36. Withdrawal of Consent to Electronic Communications.
If you have registered an Account with us and you later decide that you do not want to receive future communications electronically, you must close your Account by contacting email@example.com and stop using the Services. There are no fees to close your Account with us. Any withdrawal of your consent to receive electronic communications will be effective only after we have a reasonable period of time to process your withdrawal and only after all outstanding transactions have been settled.
37. For More Information.