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The following are terms of a legal agreement between you and CardinalCommerce Corporation ("Terms"). By accessing, browsing, using, framing and or linking to this Web site, you acknowledge that you have read, understand and agree to be bound by the Terms and to comply with all applicable laws and regulations. Users of this Web site acknowledge that they are 18 years or older. If you do not agree to the Terms, do not use this Site. In the event that one or more provisions of the Terms shall, for any reason, be deemed to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in the Terms, which shall remain valid and enforceable.
Restrictions of Use of Site
CardinalCommerce Corporation ("Cardinal") hereby authorizes you to copy the materials published by Cardinal on this Web site (the "Materials") exclusively for non-commercial use by you personally or within your organization. The design and layout of this Web site are specifically excluded from the Materials. No other use of the Materials is authorized. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein and therein.
Property Rights
The products, technology and/or processes described in this Web site may be the subject of intellectual property rights reserved by Cardinal or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title or ownership of any intellectual property right of Cardinal or any third party.
General Disclaimer
The Materials have been compiled by Cardinal from internal and external sources. However, while Cardinal has attempted to provide accurate information on this Web site, no representation is made or warranty given as to the completeness or accuracy of the Materials. In particular, you should be aware that the Materials may be incomplete, may contain errors or may have become out of date. You should therefore verify information obtained from this Web site before you take any action on it.
THE INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CARDINAL SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY OR INJURY CAUSED TO YOU, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL AND/OR INCIDENTAL DAMAGES, RESULTING FROM YOUR ACCESS TO, OR INABILITY TO ACCESS, THIS WEB SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED IN THIS WEB SITE, EVEN IF CARDINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
No advice or information, whether oral or written, obtained by you from Cardinal shall create any warranty not expressly made herein.
Cardinal periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Cardinal shall have no liability whatsoever for the resulting unavailability of this Web site or for any loss of data transactions caused by planned or unplanned system outages or the resulting mis-delivery or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or Internet infrastructure and network external to this Web site.
Links to Third Party Web Sites: Framing
This Web site may provide links or references to other sites, including sites provided by the United States government. Cardinal has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites and shall not be liable for damages or injury arising from the content of these other sites. Cardinal does not endorse companies or products to which it has provided links. Any links to other sites, if any, are provided merely as a convenience to you and if you decide to access any of the third party sites linked to this Web site, you do so entirely at your own risk. Cardinal reserves the right to terminate any link or linking program at any time. You acknowledge that this Web site may link to other Web sites not contracted by Cardinal and that Cardinal is not responsible for the data collection policies of such other sites. You should consult the "terms of use", "acceptable use policies" or other agreements on each site you visit.
There may be circumstances where access to this Web site is provided by a link located at another site. Cardinal does not make any representations or any warranties with respect to any information contained in or at these other sites and Cardinal shall not be liable for any damages or injury arising from the content of these other sites. Cardinal does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to this Web site at their sites. Unless approved in writing in advance by Cardinal, you agree not to create any frames at any other sites pertaining to any of the Materials or this Web site. Contact info@cardinalcommerce.com to seek approval for linking to his Web site.
Updates
The Materials may include technical inaccuracies or typographical errors. Changes -including, but not limited to, quoted prices- may be made periodically to the Materials. Cardinal may also make improvements and changes in the products and services and/or the programs described in the Materials at any time without notice. Cardinal shall have the right to revise the Terms at any time by updating this posting. By linking, accessing, browsing and/or using this Web site, you agree to be bound by any such revisions and should therefore periodically re-visit this Web site to determine the then-current Terms to which you are bound.
Disclosure: Forward-Looking Statements
Some of the Materials may contain projections or other forward-looking statements regarding future events or the future financial or technical performance of Cardinal. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.
Although such projections and other forward-looking statements are accurate at the time they are made available, such information is provided for informational purposes and is provided "as is" without warranty of any kind. Cardinal makes no representations and disclaims all express, implied and statutory warranties of any kind to you and/or any third party including warranties as to accuracy, timeliness, completeness, merchantability or fitness for any particular purpose. Cardinal assumes no obligation to update or ensure the accuracy of the projections and forward-looking statements posted on this Web site. Cardinal shall not be liable for any errors or delays in the delivery of such information provided through this Web site or any actions taken in reliance thereon.
Communications To and/or From You
Subject to the parameters and restrictions set forth in Cardinal's online Privacy Policy, Cardinal is under no obligation to refrain from reproducing, publishing or otherwise using communications you send to or receive from this Web site or otherwise send or receive from Cardinal by electronic mail or other electronic means, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including the developing, manufacturing and/or marketing of products and services incorporating such information. You hereby give Cardinal your consent to use your personal information consistent with Cardinal's online Privacy Policy.
Governing Law and Jurisdiction: Compliance with Laws
The Terms and access to this Web site are governed by U.S. Federal Law and/or laws of the State of Ohio. Any legal action or proceeding relating to your access or use of this Web site shall be instituted only in a state or federal court located in Cleveland, Ohio, U.S.A. You and Cardinal agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
All information available at this Web site is subject to U.S. export control laws and the laws of the country where you reside. All Cardinal products, services and publications are commercial in nature. Any Materials copied or downloaded from this Web site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable.
Waiver
No delay or omission by Cardinal to exercise any right occurring upon any noncompliance on your part with respect to any of the Terms shall not impair any such right or power or be construed to be a waiver thereof. Any waiver by Cardinal of any of the covenants, conditions or agreements to be performed by Cardinal shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
Trademark Information
All Cardinal logos and names for Cardinal's products, services and programs are trademarked and may be used publicly only with prior permission from Cardinal. Fair and permitted use of Cardinal's trademarks in advertising and promotion of Cardinal's products, services and programs requires proper acknowledgment.
The information furnished herein is CONFIDENTIAL and is to be used solely for the support of clients’ CardinalCommerce/Visa programs. This information shall not be duplicated, published or disclosed, in whole or in part, without the prior written permission of CardinalCommerce/Visa.
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