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By using Re-Cards.com, you warrant and represent that (a) you are 18 years of Re-Cards.come or older or the age of majority in the jurisdiction where you reside; or (b) that your parent or legal guardian has reviewed this agreement and agrees to its terms. If you (or your parent or legal guardian) do not Re-agree to the terms of this agreement, you must immediately discontinue use of the Re-Cards. You further warrant and represent that all information you provide to us when you use Re-Cards.com is and will remain complete and accurate.
Re-Cards.com include all materials that are included in or are otherwise a part of the Re-Cards.com (including past, present and future versions of the Re-Cards.com), including, without limitation: graphics; layout; text; instructions; images; trademarks; logos; service marks; audio; videos; designs; ringtones; wallpapers; games; contests and sweepstakes; voting; technology; applications; artwork; information; data; designs; compilation; advertising copy; domain names; any and all copyrightable material (including source and object code); the “look and feel” of the Re-Cards.com; the compilation, assembly and arrangement of the materials of the Re-Cards.com; and all other materials related to the Re-Cards.com (collectively, “Materials”). Subject to your strict compliance with this agreement and any Additional Terms, RE-CARDS.COM hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the Materials (excluding source and object code, other than as made available to access and use via standard web browsers to enable display on your device); and, if you use one of our Apps on an App Platform, to use the App as permitted by the Usage Rules set forth in the App Platform’s Terms of Service. No other use of the Re-Cards.com or Materials is authorized.
The products, technology, or processes described or used on the Re-Cards.com may be the subject of intellectual property rights owned or licensed by RE-CARDS.COM or other third-parties. Except for the limited license granted above, nothing contained in this agreement or anywhere else on the Re-Cards.com confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of RE-CARDS.COM or any third-party. RE-CARDS.COM reserves all rights not expressly granted by this agreement. When you use the Re-Cards.com, you must: (a) keep intact all copyright, trademark and other proprietary notices; (b) make no modifications to the Re-Cards.com or Materials; and (c) not copy or adapt any object code associated with the Re-Cards.com, reverse engineer, modify or attempt to discover any source code associated with the Re-Cards.com (nor allow or assist any third-party to do so).
You agree that you will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Re-Cards.com, that you will not use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Re-Cards.com, and that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Re-Cards.com. You will use the Re-Cards.com solely for your own personal use and will not make the Re-Cards.com available to any third-party for any reason. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute any portion of the Re-Cards.com (except as may be a result of standard search engine or Internet browser usage).
All of the Materials available on Re-Cards.com are subject to copyright or are used by us under license from the copyright holder. Re-Cards.com currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the Re-Cards.com.
RE-CARDS.COM (INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, LINKS, MESSAGES, PRODUCTS OR SERVICES PROVIDED ON THE RE-CARDS.COM, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, AND WIDGETS) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, RE-CARDS.COM AND ITS SUBSIDIARIES AND AFFILIATED COMPANIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, AND OTHER REPRESENTATIVES (EACH A “RE-CARDS.COM PARTY” AND, COLLECTIVELY, THE “RE-CARDS.COM PARTIES”) DO NOT WARRANT THAT YOUR USE OF THE RE-CARDS.COM WILL BE ERROR-FREE, TIMELY, UNINTERRUPTED, OR SECURE; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE RE-CARDS.COM OR THE SERVER THAT MAKES THE RE-CARDS.COM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. RE-CARDS.COM PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE RE-CARDS.COM IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE RE-CARDS.COM IS AT YOUR SOLE RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE RE-CARDS.COM AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY AG PARTY, WHETHER MADE ON THE RE-CARDS.COM, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU UNDERSTAND THAT BY USING THE RE-CARDS.COM YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION(S) WHERE YOU ACCESS OR USE THE RE-CARDS.COM. THE RE-CARDS.COM PARTIES NEITHER ENDORSE NOR ARE RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, STATEMENT, OR USER CONTENT MADE OR DISPLAYED ON THE RE-CARDS.COM BY THIRD-PARTIES (INCLUDING ANY USER OF THE RE-CARDS.COM) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE RE-CARDS.COM. PLEASE REMEMBER THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE RE-CARDS.COM. A POSSIBILITY EXISTS THAT THE RE-CARDS.COM COULD INCLUDE INACCURACIES OR ERRORS. ADDITIONALLY, A POSSIBILITY EXISTS THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO THE RE-CARDS.COM BY THIRD-PARTIES. ALTHOUGH WE ATTEMPT TO ENSURE THE INTEGRITY OF THE RE-CARDS.COM, RE-CARDS.COM PARTIES MAKE NO GUARANTEES AS TO THE COMPLETENESS OR CORRECTNESS OF THE RE-CARDS.COM. RE-CARDS.COM IS ALSO NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES, CARDS, OR OTHER CONTENT REACHING THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE RE-CARDS.COM ARE SUBJECT TO CHANGE WITHOUT NOTICE.
UNDER NO CIRCUMSTANCES SHALL THE AG PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (A) THE AG PLATFORMS (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, WIDGETS, MOBILE FEATURES, SOCIAL DISTRIBUTION, APPLICATIONS, AND INFORMATION, PRODUCTS AND SERVICES CONTAINED ON OR AVAILABLE ON OR THROUGH THE AG PLATFORMS); (B) USER CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE AG PLATFORMS; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE AG PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE AG PLATFORMS; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (G) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE AG PLATFORMS; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE AG PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE AG PLATFORMS). IN NO EVENT WILL THE AG PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF RE-CARDS.COM IS TO STOP USING RE-CARDS.COM, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF RE-CARDS.COM PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE RE-CARDS.COM.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF RE-CARDS.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE RE-CARDS.COM OR ANY AG WEB SITES, MOBILE APPS, PROPERTY, PRODUCT, SERVICE, OR OTHER RE-CARDS.COM CONTENT OWNED OR CONTROLLED BY RE-CARDS.COM, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY AG PLATFORM, MOBILE APP, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY RE-CARDS.COM.
BY ACCESSING RE-CARDS.COM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”