Product Terms of Use
By Proceeding forward you the (“Customer”) agree to the following Terms of Service:
1. Definitions
These terms of use (“Terms”) represent a legal agreement between you the (“Customer”) and The Wallet Group, INC and use of the Card (“Product”) and govern the use of all of the following:
i. any related website(s) running the Product; and
ii. any information, data or other materials contained in or accessible in the Product;
iii. Where a Use License (“License”) is defined as the license that permits the Customer the right to use Product for themselves.
Licensing is at the discretion of The Wallet Group and can be revoked at any time, for any reason, by The Wallet Group; and
By accessing or using the Product, the Customer acknowledges that they have read, understood, and agree to be bound by and comply with these Terms.
2. Use License
The Wallet Group grants the Customer a non-exclusive, non-assignable, revocable License to access and use the Product during the term their executed Agreement. A License can be revoked at the discretion of The Wallet Group at any time, without reason.
3. Customer Conduct
In using the Product, the “Customer” shall not:
a. violate any applicable international, federal or state laws, regulations or rules or any securities exchange requirements (collectively, “Laws”), including by using any Information in a manner that violates the U.S. CAN-SPAM Act of 2003 or the Canadian Anti-Spam Legislation, as such statutes may be amended from time to time;Â
b. Violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
c. Transmit any information, data, images, or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
d. Impersonate any person or entity or falsely state or otherwise misrepresent the Customer’s affiliation with a person or entity;
e. Violate or attempt to violate the security of the Product, including: logging in to a server or account that the Customers or its End Users are not authorized to access; attempting to test, scan, probe or hack the vulnerability of the Product or any network used by the Product or to breach security, encryption or other authentication measures; or attempting to interfere with the Product by overloading, flooding, pinging, mail bombing or crashing it;
f. Reverse engineer, decompile or disassemble any portion of the Product
4. Additional Restrictions
The Customer may use the Product solely for business purposes only, subject to the limitations set forth herein and in compliance with all applicable laws and Legislation.
5. Proprietary Rights
i. The Wallet Group owns the Product, including all software and other technology provided or employed by The Wallet Group in connection with the Product, and the contents, design, layout, functions, appearance and other intellectual property comprising the Product, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. The Customer shall not acquire ownership of any of the Information by reason of the License. The Customer shall abide by all additional copyright notices or restrictions contained in any content accessed through the Product.
ii. By furnishing Information, The Wallet Group does not grant any licenses to any copyrights, patents, trademarks, trade secrets or other intellectual property rights other than the limited rights to use the Product, as set forth herein. All rights not expressly granted herein under the License are reserved by The Wallet Group.
6. Provision of Service
i. The Wallet Group may make improvements or changes or temporarily suspend service intermittently for routine maintenance of/on the Product at any time without notice.
ii. The Wallet Group shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful, or otherwise objectionable content originating with the Product.
iii. The Wallet Group will use reasonable commercial efforts to protect the integrity of data collected by the Product. However, The Wallet Group shall not be liable for any loss or damage resulting from total or partial loss of the Product data/information or from any corruption of the data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. The Wallet Group recommends that the Customer periodically backs up any desired information and onto media not associated with The Wallet Group, including printing a hard copy.
7. Termination
Misconduct, breach of Terms, or the Customer Agreement, including but not limited to legal issues are grounds for The Wallet Group to terminate the Customer’s Agreement. Should a Customer wish to terminate, the Customer must email cancellations@thewalletgroup.com within 60 days of their Agreement renewal; at this time the Product will be shut down shortly after. Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive.
8. Representations and Warranties; Indemnity
The Customer represent, warrant and covenant (a) that no Materials of any kind submitted through the account will
a. violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or
b. contain libelous or otherwise unlawful material. The Customer hereby indemnify, defend and hold harmless The Wallet Group and its successors or assigns, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees of the foregoing (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by the individual user or any user of personal accounts of these Terms or the Customer Agreement or the foregoing representations, warranties and covenants. The Customer shall cooperate as fully and as reasonably required in the defense of any such claim. The Wallet Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by the Customer.
9. Disclaimers; Limitations
i. THE CUSTOMER ASSUMES ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, THE WALLET GROUP EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PRODUCT SHALL BE UNINTERRUPTED OR ERROR-FREE. THE WALLET GROUP DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE PRODUCT.
ii. IN NO EVENT SHALL THE WALLET GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF, DELAY IN USING, OR INABILITY TO USE THE PRODUCT. THE WALLET GROUP LIABILITY FOR ANY DIRECT DAMAGES SHALL BE LIMITED TO THE AMOUNT OF FEES THE CUSTOMER HAVE PAID FOR THE PRODUCT FOR THE THEN-CURRENT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS THE ABOVE LIMITATION MAY NOT APPLY. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THE WALLET GROUP IS RESPONSIBLE FOR ZERO LIABILITY.
10. Changes to the Terms
The Wallet Group may modify these Terms from time to time.
11. Relationship
No joint venture, partnership, employment or agency relationship exists between Customer and The Wallet Group as a result of these Terms and/or use of the Product.
12. Refunds
There are no refunds for Product.