Welcome to Credit Card Curator. Credit Card Curator provides services that enable our customers ( “Customers” or “you”) to maximize the efficacy of the use of their credit cards, including when and where to use the correct credit cards to maximize earning potential and the optimal way to use your points and miles for travel (as modified from time to time, collectively, the “Curator Services”). Credit Card Curator's mobile application (as modified from time to time, the “Mobile App”), the website at https://www.creditcardcurator.com (the “Site”) http://www.austinfoodshedinvestors.org/and the various other related services, premium and other features, functions, software, applications and websites http://www.austinfoodshedinvestors.org/(together with the Curator Services, the Mobile App and the Site, collectively the “CCC Services”) are provided and operated, and are being made available to you and the other Customers, and the other users of any of the CCC Services (collectively, “Users”) by Credit Card Curator, LLC (“Credit Card Curator”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.
These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Credit Card Curator to binding and final arbitration. You will only be permitted to pursue claims against Credit Card Curator on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
To access and use the Curator Services, the Mobile App, the Site and the other CCC Services, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE CURATOR SERVICES, THE MOBILE SERVICES OR ANY OF THE OTHER CCC SERVICES, YOU REPRESENT THAT:
HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES;
YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CREDIT CARD CURATOR;
YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND
YOU ARE NOT A COMPETITOR OF CREDIT CARD CURATOR AND DO NOT INTEND TO USE THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES FOR REASONS THAT ARE IN COMPETITION WITH CREDIT CARD CURATOR OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER CCC SERVICES FOR ANY REASON.
The Curator Services
Accessing and Using the Curator Services.
To access and use the Curator Services, you must first download the Mobile App onto your phone or other mobile device from the Google Play Store or the Apple App Store (the “App Store”). After that, you must register and create an account.
In registering and creating an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (“Registration Data”), and (ii) maintain and promptly update the Registration Data, including credit card information, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Credit Card Curator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Credit Card Curator has the right to suspend or terminate your account and prohibit you from accessing and using the Curator Services and/or any of the other CCC Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to access and use the Curator Services or any of the other CCC Services if you have been previously removed by Credit Card Curator or if you have been previously banned from accessing and using the Curator Services or any of the other CCC Services.
Fees, Payments and Refunds
There are various fee options to be able to access and use the Curator Services, including a free option and a pay-what-you think-is-fair option (collectively, the “Fee Options”). The current Fee Options and the fees can be found on the Website and the Mobile App under your “MY Profile > Usage Options (collectively, the “Fees”). Not all Features are available under all of the Fee Options. You may change your Fee Option on the Website and the Mobile App under your “MY Profile >Usage Options.
Payment and Taxes
Payments. Unless otherwise agreed by Credit Card Curator, all Fees shall be paid in accordance with the Fee Option that you selected by credit or debit card. You authorize Credit Card Curator (i) to keep your credit or debit card number on file for future Fees and (ii) to charge your credit or debit card for any such Fees.
Payment Processing. Unless otherwise agreed by Credit Card Curator, all Fees and other payments made in connection with the Features and the Curator Services shall be made through a third-party payment processor directed by Credit Card Curator (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). By agreeing to these Terms or continuing to use any of the CCC Services, you agree to be bound by the Payment Processor's terms of service or other agreement that apply to the applicable payment processing services. As a condition of Credit Card Curator's enabling payment processing services through a Payment Processor, you agree to provide Credit Card Curator accurate and complete information about you, your business, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Credit Card Curator to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.
Changes in Fees and Payment Methods.
Credit Card Curator reserves the right at any time to change the Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on any of the CCC Services or by notifying you by email.
ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY CREDIT CARD CURATOR IN ITS SOLE DISCRETION.
License Grant; Unauthorized Use.
Subject to your compliance with all the terms and conditions set out in these Terms, Credit Card Curator hereby grants to you a limited, non-exclusive, non-transferable, freely revocable (a) license to install, access and use the Mobile App on your mobile and other devices and (b) right to access and use the Curator Services, the Site, and the other CCC Services, to the extent of, and in accordance with, these Terms.
Prevention of Unauthorized Use
Credit Card Curator reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Curator Services, the Mobile App or the circumvention of the other CCC Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
When requesting, accessing or using the Curator Services or any of the other CCC Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Curator Services, the Mobile App, the Site and the other CCC Services and the Features which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.
Respecting other People's Rights.
Credit Card Curator respects the rights of others and so should you. You therefore shall treat all Users with respect, including all other Customers.
You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile devices, and you agree to accept responsibility for all activities that occur under your account or password.
If you change or deactivate the email that you used to create your account, you must update your account information within 72 hours so that Credit Card Curator can continue to communicate with you.
If, at any time, you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information (if applicable)), then you shall immediately notify Credit Card Curator at firstname.lastname@example.org. You may be liable for the losses incurred by Credit Card Curator or others due to any unauthorized use of your account or any of the CCC Services.
Modification of these Terms.
Credit Card Curator reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, the Mobile App or any of the other CCC Services. If Credit Card Curator updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Curator Services, the Mobile App or any of the other CCC Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Credit Card Curator will use commercially reasonable efforts to notify you of such change. Credit Card Curator may provide notice through a pop-up or banner within any of the CCC Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Credit Card Curator may require you to provide consent by accepting the changed Terms. If Credit Card Curator requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Credit Card Curator, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the CCC Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CURATOR SERVICES AND ALL OF THE OTHER CCC SERVICES.
To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.
Digital Millennium Copyright Act.
It is Credit Card Curator’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Credit Card Curator’s DMCA Notification Guidelines at http://creditcardcurator.com/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Credit Card Curator reserves the right to terminate without notice any User’s access to the Curator Services, the Mobile App, the Site and the other CCC Services if that User is determined by Credit Card Curator to be a “repeat infringer.” In addition, Credit Card Curator accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
BY ACCESSING OR USING THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES YOU, AGREE NOT TO:
The Curator Services and/or any of the other CCC Services may include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These sites or services may include links for applying for credit cards. Credit Card Curator does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the CCC Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.
Mobile and Data Services.
You are responsible for any mobile and data charges that you may incur for using the Mobile App, the Curator Service and any of the other CCC Services. If you’re unsure what those charges may be, you should ask your service provider before using the Mobile App, the Curator Services or any of the other CCC Services. In addition, downloading, installing, or using the Mobile App may be prohibited or restricted by your mobile carrier, and the Mobile App may not work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile App is available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile App, and how much they will cost you. All use of the Mobile App must be in accordance with these Terms.
Credit Card Curator.
You agree that Credit Card Curator in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Curator Services or any of the other CCC Services or any account (or any part thereof) that you may have with Credit Card Curator and remove and discard all or any part of your account, user profile, at any time. Credit Card Curator may also in its sole discretion and at any time prohibit you from accessing and using the Curator Services or discontinue providing access to the Curator Services or any of the other CCC Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the Curator Services, the Mobile App or any of the other CCC Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Credit Card Curator will not be liable to you or any third party for any such termination. Credit Card Curator reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Credit Card Curator to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Credit Card Curator may have at law or in equity. As provided herein, Credit Card Curator does not permit copyright infringing activities on the Site, the Mobile App, or any of the other CCC Services, and Credit Card Curator shall be permitted to terminate access to the Curator Services or any of the other CCC Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD CREDIT CARD CURATOR HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CREDIT CARD CURATOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CREDIT CARD CURATOR OR LAW ENFORCEMENT AUTHORITIES.
Your only remedy with respect to any dissatisfaction with (i) the Curator Services, the Mobile App, the Site or any of the other CCC Services, (ii) any term of these Terms or (iii) any policy or practice of Credit Card Curator in operating the Curator Services, the Mobile App, the Site or the other CCC Services, is to terminate your use of the Curator Services and the other CCC Services and your account. You may terminate your use of the Curator Services and any of the other CCC Services and your account at any time. After such termination, you must refrain from using the Curator Services and any of the other CCC Services until authorized by Credit Card Curator.
Ownership: Proprietary Rights.
The Curator Services, the Mobile App, the Site and the other CCC Services are owned and operated by Credit Card Curator. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the CCC Services provided by Credit Card Curator (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the CCC Services are the property of Credit Card Curator or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Credit Card Curator or its affiliates and/or third-party licensors. Except as expressly authorized by Credit Card Curator, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Credit Card Curator reserves all rights not expressly granted in these Terms.
You hereby grant to Credit Card Curator a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Curator Services, the Mobile App, the Site and/or the other CCC Services and all related intellectual property, without restriction of any kind and without any right of accounting.
You agree to indemnify, defend, and hold Credit Card Curator its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Curator Services, the Mobile App, the Site or any of the other CCC Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Credit Card Curator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Credit Card Curator and you agree to cooperate with Credit Card Curator's defense of these claims. Credit Card Curator will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
No Warranties; Disclaimers.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CREDIT CARD CURATOR AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “CREDIT CARD CURATOR PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE CURATOR SERVICES, THE MOBILE APP, THE SITE, THE OTHER CCC SERVICES AND THE FEATURES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CREDIT CARD CURATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE CURATOR SERVICES, THE MOBILE APP, THE SITE, THE OTHER CCC SERVICES OR THE FEATURES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CREDIT CARD CURATOR PARTIES OR THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR THE OTHER CCC SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
“As Is” and “As Available” and “With all Faults”.
YOU EXPRESSLY AGREE THAT THE CURATOR SERVICES, THE MOBILE APP, THE SITE AND ANY OF THE OTHER CCC SERVICES, AND THE FEATURES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE CCC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
Platform Operation and Content.
THE CREDIT CARD CURATOR PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY CREDIT CARD CURATOR, THE CREDIT CARD CURATOR PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE CCC SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to your Mobile Devices.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE CREDIT CARD CURATOR PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH CREDIT CARD CURATOR OR ANY OTHER CUSTOMER, EVEN IF CREDIT CARD CURATOR OR AN CREDIT CARD CURATOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CREDIT CARD CURATOR'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Damages.
IN NO EVENT WILL THE CREDIT CARD CURATOR PARTIES' TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THESE TERMS OR THE FEATURES, OR YOUR INTERACTION WITH CREDIT CARD CURATOR (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $50 AND (B) AN AMOUNT EQUAL TO THE FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Release for Disputes between Users.
If you have a dispute with any other Users (including any other Customer) or other third parties, you hereby release Credit Card Curator and the other Credit Card Curator Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.”
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CREDIT CARD CURATOR AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE CCC SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.
Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT CREDIT CARD CURATOR HAS OFFERED THE CURATOR SERVICES, THE MOBILE APP AND THE OTHER CCC SERVICES AND THE FEATURES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CREDIT CARD CURATOR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CREDIT CARD CURATOR. CREDIT CARD CURATOR WOULD NOT BE ABLE TO AUTHORIZE YOU TO ACCESS AND USE OF THE CURATOR SERVICES OR ANY OF THE OTHER CCC SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
United States Export Controls.
You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Curator Services or any of the other CCC Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.
Credit Card Curator may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the CCC Services. Notice will be deemed given twenty-four hours after the email is sent, unless Credit Card Curator is notified that the email address is invalid. Alternatively, Credit Card Curator may give you legal notice by mail to a postal address, if provided by you through any of the CCC Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the CCC Services are deemed given 30 days following the initial posting.
The failure of Credit Card Curator to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Credit Card Curator.
If a dispute arises between you and Credit Card Curator, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Credit Card Curator agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Curator Services, the Mobile App, the Site or any of the other CCC Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as Credit Card Curator and you otherwise agree in writing. Before resorting to these dispute methods, Credit Card Curator strongly encourages you to first contact Credit Card Curator directly to seek a resolution.
Choice of Law. These Terms shall be governed in all: ; respects by the laws of the State of New York, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE CCC SERVICES.
Arbitration and Class Action Waiver.
PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CREDIT CARD CURATOR (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE CCC SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION AND YOU AND CREDIT CARD CURATOR HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE NEW YORK COUNTY, NY. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND CREDIT CARD CURATOR WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.
Neither you nor Credit Card Curator will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CREDIT CARD CURATOR 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 Credit Card Curator is a party to the proceeding.
This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.
Judicial Form for Disputes. In the event that the agreement to arbitrate under Section 20.3(b) is found not to apply to you or your claim, you and Credit Card Curator agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering New York County, NY. Both you and Credit Card Curator irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Credit Card Curator may bring a claim for equitable relief in any court with proper jurisdiction.
Survival. This arbitration agreement will survive the termination of your use of the Curator Services or any of the other CCC Services or your relationship with Credit Card Curator.
30-Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 20.3 above by sending written notice of your decision to opt-out to email@example.com. The notice must be sent to Credit Card Curator within thirty (30) days of your use of any of the CCC Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
Improperly Filed Claims. All claims you bring against Credit Card Curator must be resolved in accordance with this Section 20.3. All claims filed or brought contrary to this Section 20.3 shall be considered improperly filed. Should you file a claim contrary to this Section 20.3, Credit Card Curator may recover attorneys' fees and costs up to $15,000, provided that Credit Card Curator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Relationship of the Parties.
The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Credit Card Curator. Nothing in these Terms shall create any obligation between either party and a third party.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Credit Card Curator without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, your use of the Curator Services, the Mobile App, the Site or any of the other CCC Services or the Features or your relationship with Credit Card Curator any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4 and 10 - 20.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Credit Card Curator is based in the state of Connecticut in the United States. Credit Card Curator makes no claims that accessing or using or that any of the CCC Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Curator Services, the Mobile App, the Site or any of the other CCC Services may not be legal by certain persons or in certain countries. If you access any of these CCC Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Credit Card Curator with respect thereto.
The communications between you and Credit Card Curator use electronic means, whether you visit the Site or the other CCC Services or send Credit Card Curator e-mails, or whether Credit Card Curator posts notices on the Site or the other CCC Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Credit Card Curator in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Credit Card Curator provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.
The Curator Services, the Mobile App, the Site and the other CCC Services are offered by Credit Card Curator, LLC located at: P. O. Box 642, Lakeville, CT 06039 and email: firstname.lastname@example.org.
If you are a California resident, you may have this same information emailed to you by sending a letter to Credit Card Curator, LLC, P. O. Box 642, Lakeville, CT 06039 with your email address and a request for this information.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
© 2020 Credit Card Curator, LLC