Please read this information carefully before accessing or using this Site, as such term is defined below. By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Opticard Payment Services, Inc., a Delaware corporation ("Opticard") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. To the extent that any of the Terms of Use conflict with the terms of an existing written (including electronic) agreement between you and Opticard or between you and one or more of Opticard’s authorized re-sellers, distributors, customers, sales agents or other authorized representatives regarding the use of specific areas of the Site or access to and use of specific services and/or products (collectively, "Service Agreements"), the terms of the Service Agreement shall govern.
Opticard may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site constitutes your acceptance of the changes. Your access and use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link at www.opticard.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates, and any material downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
Opticard makes this Website and all other websites and web-based applications of Opticard with links to the Terms of Use, including, but not limited to, the Opticard Merchant Web Interface (collectively, the "Site"), as well as the Reports and Services available for your access and use subject to the Terms of Use. "Reports" means all reports (e.g. issue reports, redemption reports, maintenance fee reports, corporate reconciliation reports, etc.), information, data, downloads, files, text, images, photographs, graphics, content, tools, resources, software, code, programs and products made available or enabled via the Site by Opticard. "Services" means all services and resources offered or enabled via the Site by Opticard, including, but not limited to, use of Opticard’s proprietary prepaid/stored value card tracking system, download areas, product and other information services.
The Reports and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Reports or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Opticard does not grant any express or implied rights to use the Reports and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Reports or Services, any portions of the Site, Reports or Services or the selection and arrangement of the Site, Reports or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Reports.
The trademarks, service marks, logos, URLs and domain names, including, but not limited to, Opticard ("Marks") displayed on this Site are the property of Opticard or other third parties. You are not permitted to use the Marks without the prior written consent of Opticard or such third party that may own the Marks.
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Reports. You must adhere to all limitations on dissemination, usage and reproduction of any Reports that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize for business and/or marketing purposes, send or receive Reports in an appropriate manner as related to the particular Reports or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Reports, you agree that you shall not:
When using Services or Reports, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Reports, in addition to the Terms of Use. Services provided by third parties (the "Third-Party Services") are governed by separate agreements accompanying such Services. Opticard offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, an Opticard provided Service or another Third-Party Service. You agree that you will not hold Opticard responsible or liable with respect to the Third-Party Services.
Certain Services and Reports will only be made available to users who have paid Opticard a fee for such Services and Reports. Such users may additionally be required to enter into a Service Agreement for that particular Service or to generate such Report.
Opticard, in its sole discretion, may (but has no obligation to) monitor or review the Reports and Services at any time. Subject to the terms and conditions of any existing Service Agreement, as applicable, Opticard may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Reports or an area of the Site where Reports can be generated; and (b) disclose any information related to your use of a Service or Report as Opticard deems necessary to comply with applicable law, regulation, legal process or governmental request.
If you are required to establish an account in connection with a particular Service, you must complete the designated registration process for such Service. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and 3
other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Opticard immediately. If any Services or Reports provide password-restricted access to your sensitive information then by accessing or using this Site and setting up a password-restricted account for such Services or Reports, you consent to Opticard's display of such information via such Services or Reports and accept all risks of unauthorized access to such information.
Except as indicated to the contrary elsewhere on this Site, and subject to the terms and conditions of any existing Service Agreement, as applicable, you may view, download, and print the Reports generated via this Site and utilize the Services enabled via this Site for authorized business and/or marketing purposes subject to the following conditions:
The rights specified above to utilize the Services and to view, download and print the Reports available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Opticard. In addition, various sections of the Site may showcase the work of creative professionals. Such work belongs to its creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
Subject to the terms and conditions of any existing Service Agreement, as applicable, Opticard may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Reports at any time in Opticard’s sole discretion, without prior notice or liability to you.
The Site, Services or Reports may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Opticard to you as a convenience and the inclusion of the links do not imply any endorsement by Opticard of any Linked Site. Opticard has no control of the Linked Sites and you therefore acknowledge and agree that Opticard is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Opticard is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.
THE SITE, SERVICES AND REPORTS ARE PROVIDED BY OPTICARD UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, PERFORMANCE, SECURITY, INTEGRATION, QUIET ENJOYMENT, SATISFACTORY QUALITY, AND THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, OPTICARD AND ITS RESELLERS MAKE NO WARRANTY THAT (i) THE SITE, SERVICES OR REPORTS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR REPORTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR REPORTS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR REPORTS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR REPORTS WILL BE CORRECTED.
THIS SITE, SERVICES AND REPORTS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. OPTICARD MAY MAKE CHANGES TO THE SITE, REPORTS AND SERVICES AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, REPORTS AND SERVICES MAY BE OUT OF DATE, AND OPTICARD MAKES NO COMMITMENT TO UPDATE THE SITE, REPORTS AND SERVICES.[YOU ACKNOWLEDGE AND AGREE THAT: (i) OPTICARD DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) OPTICARD MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) OPTICARD SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY SERVICES OFFERED BY THIRD PARTIES.]
OPTICARD SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND REPORTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTICARD WILL HAVE NO LIABILITY RELATED TO USER REPORTS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS.
THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY REPORTS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. OPTICARD ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR REPORTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPTICARD OR VIA THE SITE, SERVICES OR REPORTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. OPTICARD WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR REPORTS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
This Site can be accessed from countries around the world and may contain references to Opticard products, services and programs that are not available in your country. These references do not imply that Opticard intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by Opticard from its offices within the United States of America. Opticard makes no representation that the Site, the Services or Reports are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Reports are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Opticard will use and protect your data, such as your name and address, in accordance with any consumer Privacy Statement(s) contained within the site, the contents of which are incorporated by reference into the Terms of Use. Please be aware that your browser must be enabled to accept cookies in order for you to use certain Reports and Services.
IN NO EVENT SHALL OPTICARD, ITS AFFILIATES OR RESELLERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF OPTICARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (1) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR REPORTS; (2) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE OR SERVICES; (3) ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; (4) ANY FAILURE TO STORE OR LOSS OF DATA, FILES, REPORTS OR OTHER CONTENT; (5) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (6) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (7) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
In the event of your or others’ access to or use of the Site, Services or Reports in connection with the transmission of spam newsgroup postings or unsolicited e-mail in violation of these Terms of Use, you acknowledge and agree that Opticard would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Opticard is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Opticard may without restriction block, filter or delete unsolicited e-mail.
[Opticard may run advertisements and promotions from third parties via the Site, Services or Reports in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Reports, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Opticard is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Opticard advertisers on the Site or in connection with the Services or Reports.]
You agree to indemnify and hold Opticard, its affiliates and their respective officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your access to or use of the Site, Services or Reports (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Site or any Services or Reports); (b) your connection to the Site, Services or Reports; (c) your violation of the Terms of Use; (d) your infringement of any third party’s Intellectual Property Rights when using any of the Software made available on the Site, Services or in any Reports; (e) your violation of any rights of any third party; (f) your access to or use of Linked Sites and your connections thereto; or (g) any dealings between you and any third parties advertising or promoting via the Site, Services or Reports.
This Site (excluding linked sites) is controlled by Opticard from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.
Subject to the terms and conditions of any existing Service Agreement, as applicable, the Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Reports and Services constitute the entire agreement between Opticard and you with respect to your access to or use of the Site, Reports and Services superseding any prior agreements between you and Opticard on such subject matter (including any prior versions of the Terms of Use). You may also be subject to additional terms and conditions that may apply when you use other Opticard services, third party content or third party software. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Opticard’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Opticard to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
