Terms & Conditions
Learn about our terms & conditions below. Please bear in mind that we reserve the right to revise these terms without notice to you.
Updated as of March. 20th, 2019
These terms of Use (the “Terms”) govern your access and use of New Card Choice (the “Site”, “we”, “us”, or “our”).
You may only access and use the site if you are over the age of thirteen (13). By accessing the Site you agree to these Terms. These Terms may be updated or modified at any time without prior notice to you. We suggest that you review these terms whenever you access the Site for any updated versions. If you do not agree to these Terms, please do not access or use the Site.
When you access or use the Site we may collect certain information about your or the device you access the Site from. For details on what information we collect, and how we may use and share it, please review the terms of our Privacy Policy. By access this Site you also agree to our information collection, use and sharing as set forth therein.
Subject to your compliance with these Terms, New Card Choice grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site and any services provided thereon. You are not permitted to make any derivative use of this Site or its content; or engage in data mining, or similar data gathering and extraction from this Site. You are not permitted to reproduce, duplicate, copy, sell, , or otherwise exploited for any commercial purpose any information, photos, materials, or other content (“Content”) from the Site without express written consent of New Card Choice. You may not use any meta tags or any other “hidden text” using the New Card Choice name or trademarks without the express written permission of New Card Choice. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary data (including text, images of page layout, or form) of New Card Choice and our affiliates without express written consent.
All rights not expressly granted to you in these Terms are reserved and retained by New Card Choice, its affiliates, licencors, publishers, rights holders or other content providers. Your permission or approval to access and use the site will be discontinued if you use the Site or its services in an unauthorized way.
We may, at any time in our sole discretion, modify, or suspend or remove the Site with or without notice or liability to you.
The Site and the Content available on the Site is our intellectual property, or the intellectual property of our affiliates or licencors’. You are prohibited from using the Content on the Site in a manner that constitutes an infringement of intellectual property rights, including, but not limited to copyrights or trademark rights. You may, however, from time to time, download or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
If you think your work has been copied in a way that constitutes copyright infringement, please reach out to our Copyright Agent at gregprest416@newcardchoice.com or by postal mail at 2814 BROOKS ST,MISSOULA,
MT 59801. Please provide the Copyright Agent with the following data regarding your claim:
You must be over thirteen (13) years of age to use the Site. Certain services offered on or through the Site may require you to be eighteen (18) years old. If you are under 18 years of age, you are not allowed to use those portions of the Site or those services. You agree that the data that you submit to us upon registration, and at all other times will be true, accurate, current and complete.
If applicable, registration is limited to one account per user and you are exclusively responsible for keeping your password secure and for any activities or actions taken under your account whether or not you have authorized such activities or actions. You shall immediately notify New Card Choice of any unauthorized use of your password. If you register at the Site, you are representing that you have the authority and the capacity to do so and acknowledge and agree to the Terms. This Site is administered in the United States and intended for U.S. users; any use outside of the U.S. is at your own risk and you are responsible for compliance with any local laws applicable to your use of the Site or access to the Services.
You may have the opportunity to post comments, write reviews or submit other content on this Site (“User Content”). If you choose to post comments, reviews or other content on the Site you are representing that you are the owner of such User Content, or that you have the owner’s express consent to submit the User Content. You grant us the permission to identify you as the author of any of your User Content postings or submissions by name, e-mail address or screen name, as we deem appropriate. When you submit or post any User Content, you are granting a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, fully sub-licensee, worldwide license to use, display, copy, modify, transmit, cache, store, archive, index, categorize, comment on, tag, sell, exploit, create derivative works from, incorporate into other works, distribute, or digitally perform or publicly perform or display such posted content, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose, including without limitation the right to transfer to third parties the right to use, exhibit and otherwise exploit such content (in whole or in part), as modified by us in its sole discretion. You acknowledge and agree that we and our partners are entitled to retain any revenue generated from the display of advertising, marketing campaigns, content syndication and distribution arrangements that include or feature any User Content submitted by you.
The foregoing shall include the right to exploit any proprietary rights in such User Content. We are under no obligation to give credit or pay any compensation for your Posted Content.
We expressly prohibit Posting Content that is illegal, threatening, defamatory, obscene, infringes our intellectual property rights or third-party intellectual property rights, violates law, bullies others, or otherwise harmful to third parties. You are prohibited from posting any content that consists software viruses, commercial solicitation, political campaigning, any form of “spam.” You prohibited from impersonating any person or entity, or otherwise misleading the public as to the origin of a comment or other content. We reserve the right (but not the obligation) to remove or edit content that violates these terms, but do not regularly review posted content. We have the right but not the obligation to oversee and edit or remove any activity or content. We claim no responsibility and assume no liability for any content posted by you or any third party.
You agree to indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees, harmless, for any claims, liabilities, costs and expenses, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Site, (ii) your use of the services, (iii) the violation of these Terms of Use by you, (iv) the infringement by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity; (v) any content you post on this Site; and (vi) any products or services purchased by you in connection with this Site and/or the web sites of our third party partners, vendors and/or service providers.
THIS SITE IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
This Agreement, as well as the New Card Choice and the Privacy Policy, is the complete and exclusive statement of the Agreement between New Card Choice and you regarding the Site and the Services and supersedes any other agreement or proposal, oral or written (including information on the Site), and any other communications between New Card Choice and you. This Arrangement will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of laws. Any matter and/or dispute relating in any way to your visit to or interaction with the Site, including compliance with these Terms, shall be submitted to binding confidential arbitration in New York, New York as provided in the Section titled “Arbitration” (below). Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to exclusive personal jurisdiction and venue in such courts.
ANY REASON FOR ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Any dispute resolution proceedings relating to these Terms or the Site will be conducted only on an individual basis and not as a class, consolidated, joined or representative action and the parties expressly waive all rights to commence or participate in any class, consolidated or representative action/proceeding. You agree that New Card Choice agreement to arbitrate claims constitutes consideration for such waiver.Notwithstanding New Card Choice’s right to modify these Terms, New Card Choice agrees that any such adjustment to the dispute and/or arbitration requirements in these Terms shall not apply to claims arising prior to the date of such modification.
Arbitration under these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event, for any reason, arbitration is not authorized by applicable law, the parties waive all rights to trial by jury and waive all right to start or participate in any class action, consolidated, representative or class proceedings.
We do not warrant or assume any obligation or liability for the actions, offers or content of third parties who may have advertisements or links on our Site. You should carefully review their privacy statements and their terms of use.
These Terms of Use will remain in full force and in effect while you use the Site and help yourself to the services provided by us. In the event you violate these Terms, your right to access the Site may be terminated. The restrictions imposed on you with respect to any material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive any termination of your right to use the Site.
If you have any questions or comments relating to these Terms of Use please contact us by email at gregprest416@newcardchoice.com.
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