Last Revised: [6/01/2018]
The Website may offer a new, easy-to-use and highly efficient way to create, manage and share personal business cards online ("Online Card(s)”). The Website may provide information about our components and services, and may enable users to review and update their Online Card containing Contact Details (as defined below).
IMPORTANT: BY ACCESSING, VISITING, DOWNLOADING, OR OTHERWISE USING OUR WEBSITE, YOU AUTOMATICALLY ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, RESTRICTIONS, IMPOSITIONS, AND COVENANTS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST IMMEDIATELY LEAVE THE WEBSITE, UNINSTALL AND ERASE ANY AND ALL CONTENT YOUR MOBILE DEVICE OR COMPUTER (AS DEFINED BELOW) RECEIVED OR OBTAINED FROM THE WEBSITE, AND NO LONGER ACCESS THE WEBSITE.
1. Using the Website
The Company hereby grants any authorized User of the Website a non-exclusive revocable limited license to utilize the public (non-administrative) components, systems, technologies, benefits, of the Website. Notwithstanding the foregoing, at any time and for any reason, or for no reason at all, the Company may rescind and revoke your license to use the Website; in the event of which you hereby agree to immediately stop accessing the Website, to uninstall and erase any and all content your mobile device or computer received or obtained from the Website, and to no longer utilize the Website. Under no circumstances whatsoever shall you attempt to gain unauthorized access to any administrative or non-public sections of the Website. If you encounter any difficulties with accessing, modifying or deleting information related to the product, please send an email to: firstname.lastname@example.org.
2. Representations and Warranties
As a condition to your license to use of the website, you hereby represent and warrant to the Company that:
2.1. You are at least 18 years of age, of sound mind, and possess the legal authority and capacity to enter into this Agreement, to use the Website in accordance with all terms and conditions herein, and to fully perform your obligations hereunder;
2.2. You are and shall be financially responsible for your use of this Website, whether on a monthly basis or yearly basis, represented by the product plan you register for, and that your use of the Website will not render you insolvent;
2.4. Your use of the Website has not been previously suspended, nor has your access to the Website has been previously restricted by us.
2.5. Any and all information that you input into the Website, such as your name, company’s name, job title, phone numbers, email address, social media profiles, picture, and any and all other personal or professional information ("Contact Details"), shall be fully and unequivocally truthful and accurate.
Furthermore, in the event any of the foregoing representations or warranties are untrue or inaccurate in any way, or become untrue or inaccurate at a later time, you hereby agree to indemnify and hold the Company harmless from and against any and all losses, charges, expenses, fees (including reasonable attorneys’ fees) that the Company may suffer as a result of your breach of any warranty or representation set forth above.
3. Use Restrictions
3.1. While using the Website, there are certain types of behaviors which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the immediate suspension or blocking of your use of the website and may expose you to civil and/or criminal liability.
3.2. You may not, whether by yourself or through anyone on your behalf:
3.2.1. create a browser, frame, border environment, or graphical user interface around the Website;
3.2.2. interfere with or disrupt the operation of the Website, or any other User’s use and enjoyment of the Website, or the servers or networks that host the Website or make the Website, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
3.2.3. publish, state, provide, make, or use in any way any information about a user of the Website including, inter alia, any Contact Details , without their expressed consent;
3.2.4. impersonate any person or entity or provide false or misleading Contact Details and/or other personal information;
3.2.5. transmit or otherwise make available through or in connection with the Website any virus, "worm", "Trojan Horse", "time bomb", "web bug", spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
3.2.6. use the Website or other contact information for any illegal, unlawful or unauthorized purposes;
3.2.7. use the Website and/or Contact Details for purposes of harassment, stalking, scorning, mocking, humiliating, offending, provocation, violence, or any other purpose which may endanger other users, or engage in any use of the Website that could be construed as copyright or trademark infringement or besmirchment;
3.2.8. input non-public personal information about yourself.
4. Intellectual Property Rights
4.1. You hereby acknowledge and agree that the Website, including without limitation, any and all proprietary algorithms, functions, components, methods, inventions, patents and patent applications, copyrightable material, trademark-able material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, graphical user interfaces, trade secrets, and any other information or systems pertaining thereto (collectively, “NextCard Pro Intellectual Property"), are fully owned by the Company, or are licensed to us, and are subject to patent, trademark, copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Except as expressly provided under this Agreement, you are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the NextCard Pro Intellectual Property. In the event you discover or create any intellectual property through your use of the Website, you hereby assign or agree to assign any and all such intellectual property rights to the Company.
5. Subscription Terms, Account and Security
5.2. You are solely and fully responsible for all activities that occur in your user account or under your name as a user. We cannot and will not be liable for any loss or damage arising from (i) your failure to comply with this agreement; (ii) any breach of security; (iii) any activity under your user's account conducted by others on your behalf and/or under your supervision, whether or not the company was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of the Company or others due to any such use.
5.3. Upon completion of the registration process and at the commencement of any subsequent renewal term, your account will be automatically charged, to your billing method on file, the then current advertised rate for the subscription term (“Subscription Fee”). The Subscription Fee shall be due immediately and is non-refundable. Accounts not paid within ten (10) days of a renewal term shall be considered delinquent, in which case we reserve the right to suspend the subscription until payment is received. A delinquent account greater than (20) days will result in the termination of subscription and all data associated with the account will be permanently deleted.
5.4. If you would like to close your user account and discontinue using the service, you can choose that option in your account portal under, Cards > My Plans, then select which plan you want to cancel from that list and select "Cancel Subscription". Or if you would prefer to email your request to our cancellation department, click here, and include the login email address, and phone number associated with your account. We will assist you in closing your user account as long as you are acting in good faith and are committed to meet any of your pending obligations. Cancellation request must be received (2) business days prior to your next renewal term. Request received less than (2) business days before the next renewal term may result in the renewal term subscription fee being charged to the subscription account and such charges are non-refundable.
6.1. We respect your privacy and are committed to protect the information you share with us. We also believe that you have a right to know our practices regarding the information we collect when you access the Website, and the information which we may learn about you from your use of the Website. Below you will find a list of some of the information we collect and learn about you, how we intend to use it and for which purpose.
6.2. Which information may we collect with regards to Our Users? We collect two types of data and information:
6.2.1. Non-identifiable and anonymous information ("Non-personal Information"). To put it simply, we have no idea what is the identity of the user from whom we have collected the Non-personal Information. The Non-personal Information We gather consists of technical information and behavioral information, including, but not limited to, the following: Internet Protocol (“IP”) addresses (e.g. 184.108.40.206), geographical information about users, network information, and information about the type, system, and components of your device(s).
6.2.2. Behavioral information:
Preferences and general use of the Application and/or Services
6.2.3. Individually identifiable information ("Personal Information") - this information may identify an individual or is of a private and/or sensitive nature. The Personal Information gathered consists of personal details and/or information available through your Account, social media platforms, as well as any of the Contact Details which appear on the Online Cards.
6.2.4. The Personal Information is either voluntarily provided by you or from another Online Card Owner to us, or may be deduced from information from your Mobile Device (such as contact list and social media sources).
6.3. How do we collect information on our Users?
6.3.1. We collect information through your use of the website and application. When you use the website and application, you hereby acknowledge and agree that we are aware of your usage and may gather, collect and record any information relating, directly or indirectly, to such usage. For example, we may collect information regarding the different Online Cards you have accessed, as well as Contact List information which you have provided as part of your use of the Application and/or Services.
6.4. What is the purposes of the collection of information?
Non-personal Information is collected in order to learn about general trends on Our Website and enhance (or try to enhance) user experiences on the Website (e.g. the Company determines which part of the website draws more traffic and improve such service areas on the website)
6.5. Personal Information is collected in order to learn more about your preferences and suggest relevant content to you; enhance the user experience and adjust our website to you personally; and improve the quality of the Online Cards by comparing it with information from your mobile device's as well as other publically available sources.
6.6. Sharing information with third parties
6.7. WE WILL NOT VOLUNTARILY SHARE AND SHALL EMPLOY REASONABLE SAFEGUARDS IN AN EFFORT TO PROHIBIT UNAUTHORIZED ACCESS OF YOUR PERSONAL INFORMATION WITH ANY THIRD PARTY, EXCEPT IN THE FOLLOWING CASES: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Agreement, including investigation of potential violations of such documents; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to an Online Card Owner's support requests; (e) to respond to claims that any content violates the rights of third-parties; (f) to respond to claims that the Contact Details of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of Company, its users, or the general public; (h) when Company is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Company; or (i) pursuant to your explicit approval, in order to supply certain services you have requested from Company.
“NextCard Pro", our company logo and other commercial identifiers we use in connection with the Website are all servicemarks, service names, trademarks and/or trade names of the Company, or of our third party licensors, whether registered or not. No right, title, license, or interest to such servicemarks, service names, trademarks or trade names is granted to you by the Company hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such servicemarks, service names, trademarks and/or trade names.
8. Disclaimer and Warranties
8.1. THE WEBSITE IS AT THE BETA STAGE AND LICENSED HERE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ACCESSIBILITY.
8.2. WE DO NOT WARRANT THAT THE WEBSITE WILL BE ACCESSIBLE, UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE OR MAKE CHANGES TO THE WEBSITE, AT ANY TIME.
8.3. WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE WEBSITE OR ANY OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE WEBSITE, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE WEBSITE OR ANY DAMAGE THAT IS SUFFERED OR MAY BE SUFFERED BY THE USE OF THE WEBSITE.
8.4. WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY RELIANCE OR EXPECTATIONS OF USERS WITH RESPECT TO THE QUALITY, ACCURACY, ACCESSIBILITY, AND EFFICIENCY OF THE WEBSITE AND/OR THE INFORMATION TRANSLATED THROUGH, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF THROUGH THE WEBSITE.
8.5. WE MAKE NO REPRESENTATION REGARDING THE ACCURACY AND INFORMATION SECURITY OF THE DATA. YOU SHOULD NOT RELY SOLELY ON THE WEBSITE AS THE SOURCE OF CONTACT DETAILS AND WE STRONGLY URGE YOU TO BACKUP YOUR CONTACT DETAILS.
8.6. WE DO NOT WARRANT NOR GUARANTEE ANY INFORMATION OR CONTENT, INCLUDING, ANY CONTACT DETAILS PROVIDED THROUGH THE WEBSITE, AND ASSUME NO LIABILITY, WITH RESPECT TO SUCH INFORMATION AND/OR CONTENT.
9. Limitation of Liability
YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES OR REMEDIES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, RELIANCE, EXPECTATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INJUNCTIONS, SPECIFIC PERFORMANCE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR INFORMATION TRANSLATED, RECEIVED, OR OBTAINED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES, LOSS OR COSTS YOU MAY SUFFER DUE TO THE INSTALLATION OF THE APPLICATION ON A TABLE, MOBILE OR OTHER TYPE OF DEVICE, THE USE OF THE WEBSITE, YOUR RELIANCE ON THE ACCURACY OR AVAILABILITY INFORMATION PROVIDED THROUGH THE WEBSITE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.
You agree to defend, indemnify and hold the Company, our officers, directors, employees, contractors, members, owners, and agents harmless, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of the Website; (ii) your violation of any term of this Agreement; (iii) your breach of any representation or warranty contained in Section 2 of this Agreement; (iv) your breach of any Use Restrictions set forth in Section 3 of this Agreement; (v) your violation of any third party’s rights, including without limitation infringement of any intellectual property rights or invasion of privacy rights; and (vi) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the website. This defense and indemnification obligation will survive the termination of this Agreement.
11. Copyright Agent
We respect the intellectual property rights of others, if you believe that any content displayed through the website is infringing a copyright, including, but not limited to circumstances leading you to believe that content relating to any Contact Details have been copied in a way that constitutes copyright infringement, please provide the following information in writing to NextCard Pro Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A detailed description of the copyrighted work that you claim has been infringed; (iii) A description of the material that you claim 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 sufficient to permit NextCard Pro to locate the material; (iv) Information so that we can contact you, such as address, telephone number and e-mail address; (v) 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; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. NextCard Pro Copyright Agent can be reached at the following: email@example.com. You hereby acknowledge that the Company will have at least ten (10) business days to process, review, investigate and act upon any such submittal.
12.1. This Agreement does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.
12.2. Any claim relating to the Website or its use thereof will be governed by and interpreted in accordance with the laws of the State of Missouri, without reference to its conflict-of-laws principles.
12.3. Any dispute arising out of or related to your use of the website and/or service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the Circuit Court of St. Louis County, State of Missouri, United States. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
12.4. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
12.5. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
12.6. This Agreement constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.
12.7. If you feel that any of your personal rights has been compromised by the service, or the Website, please contact us at: firstname.lastname@example.org and we will exert our best efforts to address your issue.
For information or general questions contact:
326 S 21st Street #507
St. Louis, MO. 63103