886 456 9189 MY ACCOUNT
0

Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY 
AS THESE TERMS GOVERN YOUR RELATIONSHIP WITH SLG MANAGEMENT INC.

By accessing or using this website, SLG Management Inc., doing business as the Cardcierge (CC) services or related mobile application, social media platforms, podcasts, or other CC product or service (including, but not limited to www.thecardcierge.com) (collectively the “Entities”) on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of CC .CC may change these Terms of Use at any time without notice, effective upon its posting to the Entities. Your continued use of the Entities shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use the Entities. All users must be 18 years old or above. 

CONTENT ON THE ENTITIES

The content of the pages of the Entities is for your general information and use only. It is subject to change without notice. Your use of any information or materials on the Entities is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through these Entities meet your specific requirements.

Additionally, by accessing and using our Entities, you agree to be bound by the terms found in our Privacy Policy which can be accessed by the following link.

INTELLECTUAL PROPERTY

The trademarks, logos and service marks (“Marks”) displayed on the Entities, except user generated content, are the property of CC and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or Entities on the World Wide Web without the written permission of CC or such third party which may own the Marks. All information and content located on the Entities is protected by copyright. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Entities for commercial or public purposes. Unauthorized use of CC may give rise to a claim for damages and/or be a criminal offense.

LINKS

The Entities may post or provide links to other websites by allowing you to leave these Entities to access third-party material or by bringing third-party material into the Entities via “inverse” hyperlinks and framing technology (a “Linked Entities”). CC has no discretion to alter, update, or control the content on a linked website. The fact that CC has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website or its owners. There are inherent risks in relying upon, using or retrieving any information found on the internet, and CC urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked website.

SUBMISSIONS TO THE ENTITIES

Thank you for advance for your submissions to the Entities. Any submission that CC deems inappropriate will be removed. We will not treat any communications as confidential unless we have agreed to a specific written confidentiality agreement. Further, you hereby waive all rights against us for any use or disclosure of any information submitted to us. Accordingly, submissions to the entities will be at your own risk and if you believe that discretion is advised when making submissions.

DISCLAIMER

All content, products and services on the Entities, or obtained from a Entities to which the Entities is linked (a “linked website”) are provided to you “AS IS” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
CC does not endorse and is not responsible for (a) the accuracy or reliability of an opinion, advice or statement made through the Entities by any party other than ST, (b) any content provided on linked websites or (c) the capabilities or reliability of any product or service obtained from linked websites. Other than as required under applicable consumer protection law, under no circumstance will CC be liable for any loss or damage caused by your reliance on information obtained through the Entities or a linked website, or your reliance on any product or service obtained from a linked website. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Entities, or obtained from linked websites. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The information, software, products and descriptions of services published on the Entities or a linked website may include inaccuracies or typographical errors, and CC specifically disclaims any liability for such inaccuracies or errors. CC does not warrant or represent that the content on the Entities is complete or up-to-date. CC is under no obligation to update the content on the Entities. CC may change the content on the Entities at any time without notice. CC may make improvements or changes to the Entities at any time.

REGISTRATION AND PASSWORDS

Registration may be required to use or access certain areas of the Website and to purchase any goods or services. SLG MANAGEMENT, INC. will handle all information received from you in connection with your registration in accordance with SLG MANAGEMENT, INC. dba THE CARDCIERGE’s Privacy Policy.
When you register, you agree that any information you provide is truthful and accurate, and complete.
Now or at various points in the future, some areas of the Website (including, but not limited to, forums, blogs, reviews or comment sections) will offer the ability for users to submit content to THE CARDCIERGE through web-based functions or via email.
If you submit content to us, you hereby provide us with a nonexclusive, worldwide, fully paid-up and royalty-free, perpetual, irrevocable and unlimited license to use, edit, distribute, perform, display, incorporate, sublicense, and create derivative works or all or any portion of your Submission in any way that we see fit and for any purpose whatsoever.
It is your exclusive obligation to maintain and control passwords to your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify CC of any unauthorized uses of your user name and password or any other breaches of security. CC will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.

ENTITIES USE RESTRICTIONS

You may use the Content only for your own non-commercial use to participate in the Entities or to place an order or purchase CC products or services. You agree not to change or delete any ownership notices from materials downloaded or printed from the Entities. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit or sell any Intellectual Property or Content appearing on the Entities, including User Generated Content (defined below), without CC’s prior written consent, unless it is your own User Generated Content that you legally post on the Entities. You agree not to use any data mining, robots, scraping or similar data gathering methods. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you.

FORUMS

A “forum” means any message board, chat room, user review forum or other interactive service appearing on any of the Sites and includes both public boards and private folders. You must register in accordance with instructions that you will find on the Sites in order to contribute to any forum. You may not post on any forum, or send to any other forum user or our staff, any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene, invades a person’s privacy, violates any intellectual or other property rights, or that would otherwise violate any law. You may not use any forum in a commercial manner. You may not post material that solicits funds, or that advertises or solicits goods or services. You may not post material known to be false. You may not post messages that contain stock touts. You may not post or transmit any information, software or other material that contains a virus or other harmful component. We are not responsible for material appearing in any forum on the Sites, except for material signed by one of our identified representatives. We are not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the right to modify or remove messages or other material that we, in our sole discretion, consider infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. We also reserve the right to edit materials for any other reason. Whether or not we modify or remove such material, users remain solely responsible for the content of their messages or postings. By posting on the Entities, you grant (or warrant that the owner of such rights has expressly granted) us and/or relevant affiliated companies the worldwide, perpetual, nonexclusive right to use your questions, comments, and postings, in their original or edited form, in television programs, books, articles, commentaries, or in any other medium now known or later developed. You also warrant that you own or otherwise control all of the rights to the content you have posted and that the public posting and use of such content by us will not infringe the rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived. You are not entitled to any compensation for any materials you may post on the Entities.

ORDERS

All orders placed through the Entities are subject to CC’s acceptance. This means that CC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, CC will issue you a refund.

AFFILIATE PROGRAM

CC offers the Program, through which approved companies operating their own Websites (“Affiliate(s)”) are granted a revocable, limited and non-exclusive right to:

  • advertise and promote CC and CC’s Websites (only as approved by ST);

  • post hyperlinks (“Link”) directing individuals to CC and its Websites; and

  • direct visitors from the Affiliate’s Website to a specific URL or landing page designated by CC (“Destination Site”).

Affiliates may earn an “Affiliate fee” for each “Qualified Purchase” (as defined below).
**At CC’s discretion, it may allow individuals and/or companies to distribute a Link via printed materials. This agreement shall apply in full force to those individuals, as if the printed materials were a Website under this Agreement. Those individuals must physically sign this Agreement on a separate signature page.
Approval. Participation in the Program is subject to CC approval, which may be withheld in ST’s sole discretion. Affiliate must submit the URL for each Website for which the Affiliate is seeking approval.
CC/Affiliate License to Use Marks. Subject to the limitations set forth in this Agreement, CC grants Affiliate a non-exclusive, non-transferable, revocable license to (i) access our site through the links solely in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the CC’s trademark and logos and similar identifying material relating to us (but only in the form(s) that they are approved by CC) (collectively, the “Marks”), for the sole purpose of the Program. Affiliates may not alter, modify, or change the Licensed Materials in any way. Affiliates are only entitled to use the Licensed Materials to the extent that Affiliate is a member in good standing of the Program. Affiliate shall not:

  • make any specific use of any Marks for purposes other than the Program. Affiliate agrees not to use the Marks in any manner that is disparaging or that otherwise portrays CC, or its websites in a negative light. CC reserves rights in the Marks and of other proprietary rights. We may revoke Affiliate’s license at any time, by giving Affiliate written notice. If not revoked, this license shall terminate upon expiration or termination of this Agreement.

  • Affiliate grants to CC a non-exclusive license to utilize Affiliate’s names, titles, and logos, as the same may be amended from time to time (the “Affiliate TradeMarks”), to advertise, market, promote, and publicize the Program.

This Agreement does not give Affiliate any right, title or interest any CC logo or mark. All rights not expressly granted in the Agreement are reserved by CC.
The Affiliate’s right to use the Marks is limited to and arises only out of the license granted hereunder. This license may be immediately terminated upon notice from CC and shall automatically terminate upon any termination or expiration of this Agreement.
Affiliate shall not assert the invalidity, unenforceability, or contest the ownership by CC of the Marks in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice CC’s right, title or interest in the Marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.
Affiliate agrees not to register or attempt to register any phrases, Marks or logos that would cause confusion, or be likely to cause confusion, with any of the ST’s Marks.
Affiliate agrees that its efforts may not result in Qualified Purchases.
Affiliate acknowledges CC rights in and to the Marks and any display by Affiliate of Marks will inure to the sole benefit of CC.
Affiliate’s use of the ST’s graphical and textual Links must comply with the following:

  • The Link between the Affiliate’s Website and CC Destination Site must be a direct Link (e.g., no interstitials, pop-up windows or);

  • The Link between the Affiliate’s Website and CC Destination Site may not signify that it is Affiliate’s Link;

  • The Link between the Affiliate’s Website and CC Destination Site may not contain any trojan horses, spyware, worms, time bombs, viruses or other harmful programming routines; and

  • Affiliate must ensure that each of the Links between its Website and the Destination Site properly utilize the unique CC provided link in order to permit accurate tracking, reporting and credit for Affiliate fee payments. Affiliates will only earn Affiliate fees with respect to activity on the Destination Site occurring directly through the CC provided Links. CC will not be liable to pay Affiliate for Qualified Purchases that are received from non-CC provided Links.

Usage Guidelines CC requires that artwork in connection with CC and its products be approved by CC.

Advertising Restrictions. Affiliate’s Website shall not use domain names which are similar to the Marks, the Destination Site or to CC Website.

Further, Affiliate shall not:

  • make or publish any statement, claims, representation or warranty about CC products or services unless expressly authorized by CC in writing;

  • misrepresent the services provided by CC or the services offered by the CC Website;

  • imply any type of affiliation or relationship with CC, other than that of advertiser;

  • solicit visitors by telemarketing;

  • solicit visitors by pop-up advertisements; or

  • any monetary or promotional incentive to complete an action on the Destination Site, unless expressly authorized by CC.

In connection with the advertising,

  • Affiliate shall not employ any means, method or device to monitor, track or record any information about a visitor’s usage on the Destination Site;

  • CC shall be the sole owner of all data and personal information gathered on the Destination Site and through the Link to the Destination Site;

  • All visitors that use the Destination Site shall be subject to additional terms and conditions posted on the Destination Site and shall be subject to the privacy policy posted on the Destination Site; and

  • Affiliate’s Website shall employ its best efforts to safeguard and protect visitor information from loss, misuse and unauthorized disclosure.

Qualified Purchases. CC will only pay an Affiliate fee for “Qualified Purchases” that:

  • originate from a click on an approved CC advertisement;

  • result in purchase of one or more of CC’s products and

  • be received by CC during the term of this Agreement before termination.

Affiliate agrees that CC may seek a refund from Affiliate any Affiliate fees paid or credited to Affiliate with respect to purchases that do not meet the above criteria and/or were paid by mistake.

Affiliate represents and warrants that:

  • Affiliate is organized, validly existing, and in good standing under the laws of the state or country of Affiliate’s origin;

  • Affiliate complies with the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);

  • Affiliate will immediately notify ST, in writing, if it receives any complaints or notices from any governmental agencies (including any third party claims asserted in state or federal courts) referencing a violation of any federal, state and local laws and regulations and particularly, the provisions of the CAN-SPAM Act of 2003 and with the Federal Telemarketing Sales Rules, including the provision relating to the NATIONAL DO NOT CALL REGISTRY (16 C.F.R. Part 310);

  • Affiliate will indemnify, defend, and hold harmless CC from any and all third party claims resulting or arising from Affiliate’s acts or omissions;

  • Affiliate has the power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;

  • this Agreement has been authorized, executed, and delivered by Affiliate and is a valid and binding obligation of Affiliate enforceable in accordance with its terms;

  • Affiliate shall post and maintain during the term of this Agreement a privacy policy in connection with its Website that is in compliance with applicable law; and

  • the execution and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default or violation under, nor result in the breach of: (a) any term of Affiliate’s governing documents; (b) any term or provision of any contract or agreement to which Affiliate is a party; or (c) any order, code, regulation or law applicable to Affiliate.

Disclaimer of Warranties and Limitation of Liability. THE DESTINATION SITE IS PROVIDED ON AN “AS IS” BASIS AS DEFINED IN THE WEBSITE’S TERMS AND CONDITIONS. FURTHER, CC WILL NOT BE LIABLE TO AFFILIATE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL CC’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE FEES PAID TO YOU UNDER THIS AGREEMENT. CC MAKES NO WARRANTIES AS TO THE CONTINUED EXISTENCE OF THE PROGRAM. ALL OFFERS AND ADVERTISEMENTS THROUGH THE PROGRAM SHOULD BE CONSIDERED LIMITED TIME OFFERS. THE SERVICES ARE OFFERED THROUGH AFFILIATE, YOU AGREE THAT CC SHALL NOT BE LIABLE FOR ANY ACTIONS PERFORMED OR OMITTED BY AFFILIATE.

Term and Termination The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with seven days advanced notice, that such party desires to terminate the Agreement.

This Agreement may be terminated immediately, without penalty, by CC in the event that Affiliate:

  • engages in any illegal activity of any type, including but not limited to displaying illegal content on its Website and/or in its subscription e-mails or offering any illegal goods or services through its Website and/or subscription e-mails;

  • uses its Website or any Links therefrom to promote, any content which CC believes is inappropriate in any way;

  • engages in indiscriminate or unsolicited advertising;

  • places Links to the Destination Site anywhere except Affiliate’s Website or email list;

  • employs the services of any firm that utilizes spyware or similar applications in connection with any Website on which Links to the Destination Site appear;

  • allows third parties to place Links to the Destination Site without CC prior written permission;

  • breaches the provisions of this Agreement; or

  • dilutes, blurs or tarnishes the value of CC Marks.

Upon termination of this Agreement for breach, CC will be released from all obligations and liabilities owed to Affiliate.

For purposes of notification of termination, delivery via email is considered a written and immediate form of notification.

Termination of this Agreement will not relieve Affiliate from any liability arising from any breach of this Agreement.

Unless otherwise stated, upon termination of this Agreement:

  • Qualified Purchases obtained through Affiliate’s efforts shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;

  • Affiliate shall not be entitled to Affiliate fees for Qualified Purchases delivered after the date of termination;

  • Affiliate shall be entitled only to unpaid and undisputed Affiliate Fees, earned by Affiliate prior to the date of termination;

  • All rights and licensees granted to Affiliate shall immediately terminate and, as such, Affiliate will promptly cease all uses of any trade names, trademarks, service Marks, logos and other designations of CC or the Program; and

  • Affiliate shall return to CC any confidential information, and all copies thereof, in its possession, custody and control.

Confidential Information: Any information that Affiliate is exposed to by virtue of its relationship with CC under this Agreement, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from CC. Confidential Company Information includes, but is not limited to, any information disclosed in conversations regarding potential products and/or strategies discussed with potential or current Affiliates.

Independent Contractor. Participation in the Program does not constitute an employment, broker or agency relationship, between Affiliate and CC, nor does it create any partnership, joint venture, franchise, or sales representative relationship between the parties.

USER GENERATED CONTENT

User Generated Content” is communications, materials, information, data, opinions, photos, profiles, messages, notes, website links, text information, music, videos, designs, graphics, sounds, and any other content that you and/or other Entities users post or otherwise make available on or through the Entities, except to the extent the Content is owned by PM.

MOBILE SERVICES

The Entities contains services and features that are available to certain mobile Devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using PM’s mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person.

NATURE OF THE ENTITIES

All, or most, of the content of the Entities is provided by user vendors. CC may not have the resources to screen all content, and parents should screen the content prior to children’s viewing of the content. Any information provided by the Entities is for entertainment and additional study for students and should not be taken as promises for actual or future performance. We cannot and do not make any guarantees for your results.

CONFIDENTIALITY AND NON-COMPETE

Users of the Entities agree that the tools, processes, strategies, materials and information presented on the Entities are copyrighted and proprietary, so users agree not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without our express written permission. Any unauthorized use or distribution of our Entities proprietary concepts, materials, and intellectual property by you or your representatives is prohibited and CC will pursue legal action and full damages if these terms are violated in order to protect its rights.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PM, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of Content, your use of the Entities, your conduct in connection with the Entities or with other Entities users, your submissions, or any violation of these Terms of Use, any law or the rights of any third party.

WARRANTY DISCLAIMER

CC is not responsible or liable for any User Generated Content or other Content posted on the Entities or for any offensive, inaccurate, unlawful or objectionable content you may encounter on or through the Entities. The Entities, User Generated Content, Content, and the materials and products on this Entities are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, CC disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. CC cannot guarantee and does not promise any specific results from use of the Entities. CC does not represent or warrant that the Entities will be uninterrupted or error-free, that any defects will be corrected, or that this Entities or the server that makes the Entities available are free of viruses or anything else harmful. To the fullest extent permitted by law, CC does not make any warranties or representations regarding the use of the materials or Content in the Entities in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Entities, loss of data or other harm of any kind that may result. CC reserves the right to change any and all Content and other items used or contained in the Entities at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

CC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS ENTITIES OR THE CONTENT OF THE ENTITIES OR THE CONDUCT OF OTHER ENTITIES USERS (WHETHER ONLINE OR OFFLINE) OR ANY USER GENERATED CONTENT, EVEN IF CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE ENTITIES. YOUR ONLY REMEDY AGAINST CC FOR USE OF THE ENTITIES OR ANY CONTENT IS TO STOP USING THE ENTITIES. THAT SAID, IF CC IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS ENTITIES OR ANY CONTENT, CCs LIABILITY SHALL NOT EXCEED US $100.00. 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.

SEVERABILITY

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

Any and all disputes or claims between you and CC arising out of, relating in any way to, or in connection with the Terms of Use, the Entities or your use of the Entities, or any material or services offered or distributed through the Entities (“Disputes”) shall be resolved exclusively by final, binding arbitration; except that you may bring a qualifying claim over a Dispute in a small claims court. By virtue of this Dispute Agreement (defined below), you and CC are each giving up the right to go to court and have a Dispute heard by a judge or jury (except as otherwise set forth in this section). The provisions of this section shall constitute your and PM’s written agreement to arbitrate Disputes under the Federal Arbitration Act (“Dispute Agreement”). Any modification to this Agreement shall be in writing and signed by you and CC. The arbitration will be administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to its rules, including, without limitation, the AAA’s Supplementary Procedures for Consumer-Related Disputes, available at http://www.adr.org or by calling 800-778-7879. The arbitrator will apply and be bound by this Agreement, apply applicable law and the facts, and issue a reasoned award.

To begin an arbitration proceeding, you must comply with the limitations provision set forth in Section here and submit the Dispute by utilizing the forms available at http://www.adr.org, and simultaneously sending a copy of the completed form to CC at the address above. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

No Class Action Matters. We each agree that we shall bring any Dispute against the other in our respective individual capacities and not as a plaintiff or class member in any purported class, representative proceeding or as an association. In addition, we each agree that Disputes shall be arbitrated only on an individual basis and not in a class, consolidated or representative action. The arbitrator does not have the power to vary these provisions.

Choice of Law and Forum; No Jury Trial. If for any reason a Dispute proceeds in court: (i) except with respect to a qualifying claim over a Dispute in a small claims court, you agree that any such Dispute may only be instituted in a state or federal court in Racine County, Wisconsin; (ii) you and CC irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Disputes; (iii) you and CC agree that the Federal Arbitration Act, the AAA rules, applicable federal law and the laws of the State of Illinois, without regard to principles of conflicts of law, will govern this Dispute Agreement and any Disputes; and (iv) you and CC agree to waive any right to a trial by jury.

Injunctive Relief. Notwithstanding anything to the contrary in this Dispute Agreement, either party may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a party’s intellectual property or any conduct that violates any section of the Terms of Service.

Time Limitations. If either of us wants to assert a Dispute against the other, the party with a Dispute must institute arbitration within one (1) year from the date the Dispute arose. Absent commencing the arbitration within one (1) year from the date the Dispute arose, the Dispute(s) will be forever barred.

TERMINATION

CC reserves the right in its sole discretion to terminate your account, delete your profile and any of your User Generated Content, and restrict your use of all or any part of the Entities for any or no reason, without notice, and without liability to you or anyone else. CC also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Entities. You understand and agree that some of your User Generated Content, such as that which is displayed outside your profile, in activity feeds, in other parts of the Entities, or on other Entities (e.g., Facebook, Twitter, Google, etc), may continue to appear on the Entities or on other Entities even after your User Generated Content is removed or your account is terminated. These Terms of Use remain in effect even after your account is terminated. The Terms of Use relating to Intellectual Property, Indemnification, User Interaction Disclaimer, Warranty Disclaimer, Limitation of Liability, Miscellaneous, Severability and terms that by their nature may survive termination shall survive any termination.

TRUE ORIGIN OF DIGITAL GOODS

Under Florida law, this website may have to disclose its full name and contact information. Jamie Shibley, SLG Management Inc., 829 S. Green Bay Road, Suite 108, Mt. Pleasant, Wisconsin, 53406. jshibley@thecardcierge.com

DESIGNATION OF COPYRIGHT AGENT

If you are a copyright owner, or an agent thereof, and believe that any content on the Entities infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Designated Agent (as set forth below) with the following information in writing (see 17 U.S.C. § 512(c)(3) for further details):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Entities are covered by a single notification, a representative list of such works on the Entities;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    Written notification of claimed infringement must be submitted to the following Designated Agent:
    Name and Address of Designated Agent:
    Jamie Shibley
    Email Address of Designated Agent: jshibley@thecardcierge.com
    If you believe that your content (which was removed or to which access was disabled) is non-infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to applicable law, to make such content available to ASCAP for use on the Entities, you may send a counter-notice containing the following information to our Copyright Agent:

  • Your physical or electronic signature;

  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

  • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and

  • Your name, address, telephone number and, if applicable, e-mail address, and a statement that you shall accept service of process from the person who provided notification of the alleged infringement.
    If a counter-notice is received by our Copyright Agent, CC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CC’s sole discretion.