Terms of UsePLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THE SERVICE.cointures ( the "Company," "we," "us") provides this web site, www.cointures.com (the "Site") and all Site-related services and products, including, without limitation, cointures pre-paid gift cards (collectively, the "Service") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between the Company and you, the Site visitor and/or Service member ("you") with respect to your use of the Service. It is important that you read carefully and understand the terms and conditions of this Agreement.
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service;
Change any fees or charges, if any, related to your use of the Service; and
Change the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. SERVICE REGISTRATION.
1.1 Acceptance of Agreement In order to access and use the Service for any purpose, you must first sign up for an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to provide us with a valid e-mail address and indicate your acceptance of all of the terms and conditions of this Agreement. If you do not provide us with a valid e-mail address and/or do not agree to all of the terms and conditions of this Agreement, you will not be able to sign up for an Account and you shall not have the right to use the Service. Only "natural persons" who follow the directions for registration as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
1.2 Password. As part of the registration process, you will also be asked to select a password for your Account which you will use each time you access the Service. You will be responsible for the confidentiality and use of your password and agree not to transfer your right to use or access the Service via your password to any third person. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting the Site. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. SERVICE USE & RESTRICTIONS.
2.1 Basic Use. You may use the Service solely subject to the terms and conditions set forth in this Agreement. You may use the Software (as defined in the End User License Agreement) to access the Service solely subject to the terms and conditions of the End User License Agreement as well as this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
2.2 Code of Conduct.
While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is outside the "spirit" of the Service provided therein. While using the Service, you agree not to:
Restrict or inhibit any other individual from using the Service or the Software, including, without limitation, by means of "hacking" or defacing any portion of the Service or Software;
Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
Use the Service or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
Express or imply that any actions you take are endorsed by us;
Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service or Software;
"Frame" or "mirror" any part of the Service without our prior written authorization;
Link to any page of or content on the Site other than the URL located at www.cointures.com;
Provide a link to any web sites that promote any product or any service;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent;
Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, packet sniffing, re-routing, looping, modifying the Software or using a utility program to host the Software;
Sell, advertise, or post information on hack, private servers (including sources thereto) for the Software or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
Exploit the Software or the Service for any commercial purpose;
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
Modify the Software or the Service in any way whatsoever;
Reverse engineer, packet sniff, decompile or disassemble all or any portion of the Service or Software;
Use tools which hack, reroute or alter the Software or the Service or that allow you to connect to the Software's private binary interface or utilize user or other interfaces other than those provided by us to you;
Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, or the Software;
Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
Disclose your personally identifiable information or any other person's or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service.
2.3 Hardware and Software Access.
You hereby acknowledge that:
2.3.1
The Company has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, MAC address and Internet browser for purposes of identification and for diagnostic testing.
2.3.2
The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
3. COMPANY MATERIALS.
The Software and Service are intended solely for the purposes of using the cointures gift card for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services.
4. LINKS.
The Site may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by the Company. The Company has not reviewed all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
5. PRIVACY/SECURITY.
You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein and pursuant to the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. If you do not agree to the terms of the Privacy Policy, you may not use the Service. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
6. TERMINATION AND DISCONTINUATION.
6.1 Termination.
This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Support department by by following the instructions on the Site. Upon our acceptance of your request, your Account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of this Agreement. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.
6.2 Discontinuation.
You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. Notwithstanding anything to the contrary in this Agreement (including without limitation Section 9.1), the Company reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and this Agreement shall terminate.
6.3 Effect of Termination.
Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY BALANCE OUTSTANDING ON YOUR CARD(S).
7. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE cointures CARDS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE GIFT CARDS AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE CARD, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CARD), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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 AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
9. INDEMNIFICATION.
As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company's resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in this Agreement).
10. QUESTIONS/COMMENTS.
The Service is provided by cointures. If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our Customer Support department on our Site, www.cointures.com. For inquiries related to business matters such as licensing or merchandising, marketing or advertising, press, etc. please contact us at info@cointures.com.
We reserve the right at any time to:
Change the terms and conditions of this Agreement;
Change the Service, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content or data on or feature of the Service;
Change any fees or charges, if any, related to your use of the Service; and
Change the equipment, hardware or software required to use and access the Service.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site or Service after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. SERVICE REGISTRATION.
1.1 Acceptance of Agreement In order to access and use the Service for any purpose, you must first sign up for an account ("Account") with us. Prior to completing the signup process for your Account, you will be required to provide us with a valid e-mail address and indicate your acceptance of all of the terms and conditions of this Agreement. If you do not provide us with a valid e-mail address and/or do not agree to all of the terms and conditions of this Agreement, you will not be able to sign up for an Account and you shall not have the right to use the Service. Only "natural persons" who follow the directions for registration as opposed to any kinds of legal entities (e.g., corporations, limited liability companies, and/or partnerships), shall have the right to establish an Account. We hereby disclaim any and all responsibility and liability for any unauthorized use of your Account.
1.2 Password. As part of the registration process, you will also be asked to select a password for your Account which you will use each time you access the Service. You will be responsible for the confidentiality and use of your password and agree not to transfer your right to use or access the Service via your password to any third person. If you have reason to believe that your Account with us is no longer secure, you must promptly change your password by visiting the Site. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
2. SERVICE USE & RESTRICTIONS.
2.1 Basic Use. You may use the Service solely subject to the terms and conditions set forth in this Agreement. You may use the Software (as defined in the End User License Agreement) to access the Service solely subject to the terms and conditions of the End User License Agreement as well as this Agreement. You understand and agree, however, that you are solely responsible for obtaining and maintaining all telephone, cable, wireless, computer hardware and other equipment needed to access and use the Service and that you shall be solely responsible for all charges and fees related thereto.
2.2 Code of Conduct.
While using the Service and Software, you agree to comply with all applicable laws, rules and regulations. We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of the Service and Software. We further reserve the right to determine what conduct is outside the "spirit" of the Service provided therein. While using the Service, you agree not to:
Restrict or inhibit any other individual from using the Service or the Software, including, without limitation, by means of "hacking" or defacing any portion of the Service or Software;
Institute an attack upon any server used in connection with the Service or otherwise attempt to disrupt such servers;
Use the Service or Software for any unlawful purpose or in any manner not intended by the Company as contemplated herein and/or on the Site;
Express or imply that any actions you take are endorsed by us;
Transmit: (i) any content that is unlawful, harassing, vulgar, obscene, hateful, fraudulent, threatening, abusive, libelous, defamatory, obscene, sexually explicit, or racially, ethnically or otherwise objectionable, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (ii) any content that infringes our or any third party's intellectual property or other rights, or that you otherwise do not have permission to transmit; (iii) any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; (iv) any material, non-public information about companies without the authorization to do so; (v) any trade secret of any third party; or (vi) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us);
Engage in spamming or flooding;
Remove, alter or conceal any copyright, trademark, patent or other proprietary rights notices contained in the Service or Software;
"Frame" or "mirror" any part of the Service without our prior written authorization;
Link to any page of or content on the Site other than the URL located at www.cointures.com;
Provide a link to any web sites that promote any product or any service;
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
Harvest or collect information about the Service, visitors to the Site or users of the Service without their express consent;
Download, copy, reproduce, republish, upload, post, transmit, modify, distribute or publicly display any of the content or information contained in the Service except as expressly authorized by this Agreement;
Host, provide matchmaking services for, or emulate or redirect the communications protocols used by us (or our designees) as part of the Service, including, without limitation, by protocol emulation, tunneling, reverse engineering, packet sniffing, re-routing, looping, modifying the Software or using a utility program to host the Software;
Sell, advertise, or post information on hack, private servers (including sources thereto) for the Software or Service and/or advertising, posting information on or selling hacks for any other software or web sites;
Exploit the Software or the Service for any commercial purpose;
Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available or to obtain any competitive advantage;
Modify the Software or the Service in any way whatsoever;
Reverse engineer, packet sniff, decompile or disassemble all or any portion of the Service or Software;
Use tools which hack, reroute or alter the Software or the Service or that allow you to connect to the Software's private binary interface or utilize user or other interfaces other than those provided by us to you;
Use "packet sniffing," scripting and/or macroing software for any purpose whatsoever, or otherwise monitor the Service, or the Software;
Attempt to obtain a password or other private account information from any other person or user of the Service; and/or
Disclose your personally identifiable information or any other person's or user's personally identifiable information (e.g., name, e-mail address, telephone number, age, address, etc.) on the Site or through the Service, or web sites or forums related to the Site or Service.
2.3 Hardware and Software Access.
You hereby acknowledge that:
2.3.1
The Company has the right to obtain, without notification to you, certain information about your computer or software, including, but not limited to, your operating system, identification of your hard drives, central processing unit, IP address, MAC address and Internet browser for purposes of identification and for diagnostic testing.
2.3.2
The Company has the right to obtain, without notification to you, non-personal information from your connection to the Service or Site for demographic purposes.
3. COMPANY MATERIALS.
The Software and Service are intended solely for the purposes of using the cointures gift card for your personal use. You may print a single copy of any textual material available for downloading through the Service. Although the Company strives to provide content through its Service that is both useful and accurate, data and other information change frequently and are subject to varying interpretations. Accordingly, although the Company endeavors to use reasonable care in assembling such content, it may not be up-to-date, accurate or complete. In addition, portions of such content may have been contributed by various third parties and/or service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties or providers and the Company expressly disclaims any liability with respect to the foregoing. Descriptions or images of, or references to, products or services available on the Service do not imply the Company's endorsement of such products or services.
4. LINKS.
The Site may contain links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by the Company. The Company has not reviewed all of the web sites that are linked to the Site, and the Company has no control over such sites. The Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that the Company offers such links does not indicate any approval or endorsement of any material contained on any linked site. The Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from such web sites is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
5. PRIVACY/SECURITY.
You understand that any information provided by you or collected by us in connection with your use of the Service will be used in the manner described herein and pursuant to the terms and conditions of our Privacy Policy, such Privacy Policy being incorporated into and made a part of this Agreement by this reference. If you do not agree to the terms of the Privacy Policy, you may not use the Service. Without limiting the terms of the Privacy Policy, you understand that we do not guarantee that your use of the Service and/or the information contained in your Account will be private or secure, and we are not responsible or liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the Service.
6. TERMINATION AND DISCONTINUATION.
6.1 Termination.
This Agreement shall remain effective until terminated. If you wish to terminate your Account, you may do so by contacting our Customer Support department by by following the instructions on the Site. Upon our acceptance of your request, your Account will be terminated. We reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement if you violate the terms and conditions of this Agreement. We also reserve the right, with or without notice to you, to suspend or terminate your Account and this Agreement in our reasonable discretion.
6.2 Discontinuation.
You understand that the Service is provided via the Internet by the Company through the use of servers, networks and other technology. Notwithstanding anything to the contrary in this Agreement (including without limitation Section 9.1), the Company reserves the right to permanently discontinue the Service at any time. Upon such discontinuation, your Account and this Agreement shall terminate.
6.3 Effect of Termination.
Upon termination of this Agreement for any reason, your right to use the Service shall immediately cease, and you shall destroy all Software and other content obtained through your use of the Service and all copies thereof. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO OBLIGATION WHATSOEVER TO YOU AFTER THE TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, TO PROVIDE YOU WITH A REFUND OF ANY BALANCE OUTSTANDING ON YOUR CARD(S).
7. DISCLAIMERS.
THE SERVICE (INCLUDING THE SITE, THE cointures CARDS, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN) AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, PARTNERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, AND THE SERVER(S), SYSTEM(S) AND NETWORK(S) ON WHICH THE SERVICE IS HOSTED AND/OR OPERATES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICE AND ALL CHARGES AND FEES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF THE COMPANY OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, PARTNERS, AGENTS OR THIRD PARTY USERS, WHETHER MADE ON THE SERVICE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SERVICE, THE GIFT CARDS AND ALL OTHER CONTENT CONTAINED THEREIN IS ENTIRELY AT YOUR OWN RISK.
8. LIMITATION OF LIABILITY.
NEITHER THE COMPANY NOR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS OR PARTNERS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, ATTORNEYS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICE (INCLUDING, WITHOUT LIMITATION THE SITE, THE CARD, THE SOFTWARE AND ALL OTHER CONTENT CONTAINED THEREIN), YOUR ACCOUNT (INCLUDING, WITHOUT LIMITATION YOUR CARD), ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH YOUR USE OF THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS 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 AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE, OR ANY PART THEREOF, IS TO STOP USING THE SERVICE. THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE LESSER OF TWENTY U.S. DOLLARS OR THE TOTAL CUMULATIVE AMOUNT PAID BY YOU TO OBTAIN CASH ITEMS.
9. INDEMNIFICATION.
As a condition of your access to and use of the Service and/or Site, you agree to indemnify, defend and hold the Company, our parents, affiliates, subsidiaries, independent contractors, licensors, suppliers, advertisers, partners, sublicensees and sponsors, and our and their directors, officers, employees, consultants, agents, attorneys and other representatives, harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (i) your access to and use of the Service and/or Site and the content therein, including, without limitation, any allegations that any content you submit or transmit while using the Service infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property rights, privacy or publicity rights or other rights of any third person or party; (ii) your violation of this Agreement, any applicable law or the rights of any other person; (iii) any dispute you have or claim to have with one or more users of the Service and/or Site; (iv) the Company's resolution (if any) of any dispute you have or claim to have with one or more users of the Service and/or Site; (v) your improper authorization for the Company to collect, use or disclose any data or content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that the Company disclose your personal information and other information collected as set forth in this Agreement).
10. QUESTIONS/COMMENTS.
The Service is provided by cointures. If you have any questions, comments or complaints regarding this Agreement or the Service, please contact our Customer Support department on our Site, www.cointures.com. For inquiries related to business matters such as licensing or merchandising, marketing or advertising, press, etc. please contact us at info@cointures.com.