Conditions of Use
Terms and Conditions of Use
The following Terms and Conditions govern the use of the Web site
located at URL www.Cardsone.com (Site) and the services offered on
the Site.
By using our Site, you understand and agree to be legally bound by
these Terms and Conditions and to follow these Terms and Conditions
and all applicable laws and regulations governing our Site. The Terms
and Conditions shall supercede any subsequent terms or conditions included
with any purchase order, whether or not such terms or conditions are
signed by Cardsone, Inc. (Cardsone, we or us). We reserve the right
to change these Terms and Conditions at any time, effective immediately
upon posting on our Site.
Copyrights and Trademarks of Cardsone
Our Site is owned and operated by us. Unless otherwise specified,
all materials appearing on our Site, including the text, site design,
graphics, logos, icons and images, as well as the selection, assembly
and arrangement thereof, are the sole property of Cardsone Copyright
2005 - 2006, ALL RIGHTS RESERVED. All audio and video clips are the
sole property of Cardsone or our respective content providers. The
content and software on our Site is the property of Cardsone and or
its suppliers and is protected by U.S. and international copyright
laws. You may view, download, print and retain a copy of pages of our
Site only for your own personal use. Except as expressly provided above,
you may not use, download, upload, copy, print, display, perform, reproduce,
republish, license, post, transmit or distribute any information from
our Site in whole or in part without our prior written permission.
If you wish to obtain permission to reprint or reproduce any materials
appearing on our Site you may email us. All rights not expressly granted
herein are reserved. We post legal notices and various credits on pages
of our Site. If you duplicate, publish or otherwise distribute material
on our Site, you may not remove this notice or these credits or any
additional information accompanying the notices and credits.
The absence of a trademark, trade name and service mark from the above
list does not constitute a waiver of our intellectual property rights
concerning that trademark, trade name or service mark. All custom graphics,
icons, logos and service names are trade names, trademarks or service
marks of Cardsone. All other trade names, trademarks or service marks
are property of their respective owners. The use of any Cardsone trade
name, trademark or service mark without our express written consent
is strictly prohibited. In order to maintain the value of these marks,
it is important that they are used correctly. If you have any questions,
you may contact us.
Accounts
You agree that you will not misuse or abuse account access and passwords.
You agree that you will use only your password and that you will take
all reasonable precautions to protect its secrecy.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to
refuse or cancel any orders placed for products listed at the incorrect
price. We shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and your
order is canceled, we shall immediately issue a credit to your credit
card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it constitute
confirmation of our offer to sell. We reserve the right at any time
after receipt of your order to accept or decline your order for any
reason. We reserve the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you ordered
of any item. We may require additional verifications or information
before accepting any order.
Sales Taxes
We shall automatically charge and withhold the applicable sales tax
for orders to be delivered to addresses within Tennessee if applicable.
Each customer shall be solely responsible for all sales taxes, or other
taxes, on orders shipped to any other state.
Specials and Promotions
Special offers, coupons, or discounts cannot be used in conjunction
with other offers. Limit one promotion per order.
Links
If you have a problem with a link from our Site, please notify us.
We will investigate the link and take appropriate action.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion
and without prior notice, may terminate your access to our Site and
to any Live Chat services offered on our Site, and may remove any User
Content you have provided if we believe that the User Content violates
or is inconsistent with these Terms and Conditions or their intent,
that your conduct is disruptive, or you have violated the law or the
rights of Cardsone or another user.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our Site and your purchase of
products or services through our Site. We may, in our sole discretion,
report actual or perceived violations of law to law enforcement or
appropriate authorities. If we become aware, through a complaint or
otherwise, of any potential or suspected violation of these Terms and
Conditions or the our privacy policy (Privacy Policy), we may (but
are not obligated to) conduct an investigation to determine the nature
and extent of the suspected violation and the appropriate enforcement
action, during which investigation we may suspend services to any customer
being investigated and/or remove any material from our servers. You
agree to cooperate fully with any such investigation. You acknowledge
that violations of the Terms and Conditions or the Privacy Policy could
be subject to criminal or civil penalties.
Export
The United States export control laws regulate the export and re-export
of technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations.
Privacy
We respect and make efforts to protect the privacy of all users of
our Site. Our current Privacy Policy is available on this website and
is incorporated herein by reference and made a part of the Terms and
Conditions.
Feedback
We welcome all comments, feedback, information, or materials (Feedback),
which you submit to us through or in conjunction with our Site. Please
note that Feedback shall be considered non-confidential and become
the property of Cardsone. By submitting Feedback to us, you agree to
a no charge assignment to us of all right, title and interest in copyrights
and other intellectual property rights on a worldwide basis to the
Feedback. We shall be free to use Feedback on an unrestricted basis.
Restrictions
You must be 18 years or older and have a valid credit card, with full
authority to use it, to submit an order through this Site. You agree
not to use this Site or any content contained in it for any illegal
or inappropriate activities.
Shipping and Delivery
Cardsone, in conjunction with USPS and UPS and any other carrier we
may use, will attempt to deliver a product on the requested day. UPS,
Federal Express or USPS does not telephone before delivering packages,
and we cannot guarantee the time of delivery. Cardsone is not responsible
for perishables and preserved items delivered to incorrect addresses
supplied by the sender, or a re-route requested by the sender. Cardsone
is not responsible for unsuccessful deliveries arising from the recipient
not being present at time of delivery at the address supplied by the
customer. Free shipping offers are valid only on weekday deliveries
to addresses within the Continental United States.
Orders
Cardsone does not allow orders to be edited or cancelled within 48
hours of the requested delivery date, or within the seven days prior
to holidays because of our extremely high volume of orders during these
times. Special offers, coupons, or discounts cannot be used in conjunction
with other offers. Limit one promotion per order.
Disclaimer and Limitation of Liability as to Products Sold
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD
ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS
SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT IN NO EVENT SHALL
CARDSONE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES
BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES
RELATED TO PRODUCTS SOLD.
Disclaimer and Limitation of Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION
AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF
DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND
THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE
DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE, SUCH
AS LIVE CHAT, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE
OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC
RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR
IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS,
INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING
BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT CARDSONE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER
REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION,
CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY
IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE,
DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION
IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE
OR ANY OTHER HYPER-LINKED WEB SITE.
Applicable Law
You agree that any legal action brought against us shall be governed
by the laws of the State of Tennessee, without regard to conflict of
law principles. You agree that the sole jurisdiction and venue for
any litigation arising from your use of or orders made on our Site
shall be an appropriate federal or state court located in Atlanta,
Tennessee. We make no representations that the content in our Site
is appropriate for access outside the United States. Those who choose
to access our Site from outside the United States do so on their own
initiative and are responsible for compliance with local laws. If any
provision within the Terms and Conditions is held to be invalid or
unenforceable, such provision shall be struck and all remaining provisions
shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold Cardsone, its subsidiaries,
affiliates, officers, agents and other partners and employees, harmless
from any loss, liability, claim or demand, including reasonable attorneys
fees, made by any third party due to or arising out of your use of
our Site, including providing a link to another site or uploading any
content to our Site.
How to Contact Us
If you have any comments or questions, please do not hesitate to email
us or phone or at
423-472-3140, or write us at
Cardsone
PO Box 5415
Chattanooga, TN 37406
