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TERMS
OF USE
You
must read these Terms of Use, and related documents (Privacy Policy
and Acceptable Use Guidelines
), carefully before
accessing or using any of the Cards4Students Web Sites (as
hereinafter defined). By accessing or using the Cards4Students
Web Sites, you agree to be bound by these Terms of Use,
the
Privacy Policy and Acceptable
Use Guidelines, and all the terms and conditions set
forth herein and therein. If you wish not to be bound by
these Terms of Use you must navigate away from any of the
Cards4Students Web Sites now, and you are prohibited from
accessing and using such Web sites until such time as you
are willing to be so bound. If you use the Cards4Students
Web Sites in a manner inconsistent with these Terms of Use,
the Privacy Policy
or Acceptable Use Guidelines
, Cards4Students
may terminate your access, block your future access and/or
seek such other additional relief as Cards4Students, in
its sole and reasonable discretion, shall determine. These
Terms of Use may be modified per their terms. Each of the
Privacy Policy
and Acceptable Use Guidelines
are incorporated
herein by reference.
A.M.S.
Voicecom Inc.'s ("Cards4Students") Web Site comprises
several Web sites and Web pages operated by Cards4Students
or its subsidiaries, affiliates and business partners (collectively,
the Cards4Students Web Sites).
1.
The Cards4Students Web Sites
Your
use of the Cards4Students Web Sites signifies your agreement
to all the terms and conditions contained or referenced
herein (the Terms of Use). If you do not agree
to these Terms of Use you may not use the Cards4Students
Web Sites. Cards4Students reserves the right, at its sole
discretion, to update or revise these Terms of Use without
notice and you understand and agree it is solely your responsibility
to visit this page from time to time to learn of changes
and updates. Your continued use of the Cards4Students Web
Sites following the posting of any changes to the Terms
of Use constitutes acceptance of such changes. Your use
of a particular Cards4Students Web Site included within
the Cards4Students Web Sites may also be subject to additional
terms, conditions and notices governing specific services,
features or offers listed elsewhere in this agreement or
on such particular Cards4Students Web Site (Additional
Terms). In the event that any of the terms, conditions,
and notices contained herein conflict with the Additional
Terms then the terms herein shall control.
2.
Agreement To Rules Of User Conduct
You
agree to be bound by Cards4Students Acceptable
Use Guidelines and its Privacy
Policy, including but not limited to, agreeing not to
use the Cards4Students Web Sites for any unlawful purpose.
3.
Third Party Sites
The
Cards4Students Web Sites may produce automated search results
or directly provide links to other Internet web sites ("Outside
Sites"). Outside Sites are not under the direct or
indirect control or direction of Cards4Students, and you
acknowledge that Cards4Students is not responsible for the
accuracy, copyright compliance, legality, decency, or any
other aspect of the content of such Outside Sites. The existence
of, or links to, Outside Sites does not imply endorsement
of the site, or its content, by Cards4Students.
4.
Proprietary Rights
You understand and agree that all content and materials
available on the Cards4Students Web Sites are protected
by copyrights, trademarks, service marks, patents, trade
secrets, or other proprietary rights and laws and treaties
of the United States and other countries. Unless expressly
authorized by Cards4Students to do so, you shall not sell,
license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit,
or create derivative works from such materials or content.
Systematic retrieval of data or other content from the Cards4Students
Web Sites to create or compile, directly or indirectly,
a collection, compilation, database or directory without
express, prior written permission from Cards4Students is
prohibited. In addition, use of the content or materials
for any purpose not expressly permitted in these Terms of
Use is prohibited.
5.
Copyright Notice
All
content on the Cards4Students Web Sites, and Cards4Students
rights therein, is protected by Cards4Students as indicated.
Third-party copyrights, trademarks, service marks, patents
and other intellectual property (Intellectual Property)
are the property of their respective owners, and nothing
contained herein conveys permission to you to use any Cards4Students
or third-party Intellectual Property except as Cards4Students
has the right to, and does, grant the same and not in any
manner inconsistent with these Terms of Use.
6.
Limited License
By
posting or submitting information (regardless of form or
type) to the Cards4Students Web Sites, you explicitly and
unreservedly (except as prohibited by law):
a.
Grant Cards4Students, its affiliates, and licensees the
right to use, reproduce, display, perform, adapt, modify,
distribute, have distributed, and promote the information
in any form and for any purpose; and
b.
Warrant and represent that you own or otherwise control
all of the rights to the information and that public posting
and use of such information by Cards4Students will not
infringe or violate the rights of any third party or violate
any law.
7.
Disclaimer Of Warranties
ALL
MATERIALS, INFORMATTON, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE Cards4Students WEB
SITES FOR YOUR USE (THE CONTENT) ARE PROVIDED AS
IS AND AS AVAILABLE. CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Cards4Students,
ITS SUBSIDIARIES, AND LICENSORS DO NOT WARRANT THAT THE
CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE Cards4Students
WEB SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE
CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE Cards4Students WEB SITES IS SOLELY AT YOUR
RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT EXCLUSION
OF CERTAIN WARRANTIES, THIS PARAGRAPH MAY NOT APPLY, OR
BE LIMITED IN ITS APPLICATION, TO YOU.
8.
Limitation of Liability
UNDER
NO CIRCUMSTANCES SHALL Cards4Students, ITS SUBSIDIARIES,
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT,
DIRECTLY OR INDIRECTLY, FROM THE USE OF, OR INABILITY TO
USE, THE Cards4Students WEB SITES. THIS LIMITATION APPLIES
WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF
Cards4Students, ITS SUBSIDIARIES OR LICENSEES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION CONTAINED
IN THIS PARAGRAPH, Cards4Students' LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
9.
Indemnification
You
agree, upon notice, to defend, indemnify, and hold harmless
Cards4Students, its subsidiaries and other affiliated companies,
and their employees, contractors, officers, directors and
shareholders from any and all liabilities and claims of
whatever nature, and expenses, including reasonable attorneys
fees, that arise from your use or misuse of the Cards4Students
Web Sites. Cards4Students reserves the right, at its sole
discretion and expense, to assume the exclusive defense
and control of any matter subject to indemnification by
you hereunder. In the event of such election you shall fully
cooperate with Cards4Students in asserting any available
defenses.
10.
Legal Compliance
Cards4Students
makes no representation that the content on the Cards4Students
Web Sites is appropriate or available for use in locations
outside the United States, and accessing the same from jurisdictions
where such content is illegal is prohibited. You understand
and agree that your access and use of the Cards4Students
Web Sites is at your own initiative and risk, and in compliance
with, and pursuant to, the laws of the jurisdiction from
where you initiate such access and/or the laws of the jurisdiction
where you use Cards4Students' services.
11.
Choice Of Law & Forum
These
Terms of Use shall be governed by and be construed in accordance
with the laws of the State of New York, excluding its laws
as to choice of law. You expressly agree that the exclusive
jurisdiction for any claim or action arising out of or relating
to these Terms of Use or your use of the Cards4Students
Web Sites shall be filed exclusively in the federal or state
courts in and for the County of New York, and you further
agree and submit to the exercise of personal jurisdiction
of such courts for the purpose of litigating any such claim
or action, and waive any argument of inconvenient forum.
12.
Severability And Integration
This
agreement constitutes the entire agreement between you and
Cards4Students with respect to the subject matter hereof,
and supersedes all prior or contemporaneous communications
and proposals whether oral, written, or electronic between
you and Cards4Students with respect to the Cards4Students
Web Sites and the content thereof. If any part of these
Terms of Use shall be held invalid or unenforceable by a
court or other governmental body of competent jurisdiction,
such portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original
intentions of the parties, and the remaining portions shall
remain in full force and effect.
13.
Termination
Cards4Students
reserves the right, in its sole discretion and without notice,
to terminate your access to all or part of the Cards4Students
Web Sites for violation of these Terms of Use.
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