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ClearCard Legal Notices | Revised
Jan, 2003
Copyrights,
Other Rights
All rights reserved. The material on this site may
not be duplicated in any fashion and may not be distributed, publicly
performed, proxy cached or otherwise used, except with the prior
express permission of ClearCard, Inc. Copyright © ClearCard,
Inc.
You should assume that everything on the ClearCard
site is copyrighted unless otherwise noted and that it must not
be used except as provided in the Rules or with the express written
consent of ClearCard or any third party ClearCard deems necessary.
ClearCard neither warrants nor represents that your use of the
material displayed on the ClearCard site will not infringe rights
of third parties. Any product, service, program, or technology
described on the ClearCard site may be the subject of other intellectual
property rights (including but not limited to copyright, trademark,
or patent rights) owned by ClearCard. Any such right that is not
expressly licensed herein is reserved by ClearCard.
Images of people or places displayed on the ClearCard
site are either the property of, or used with permission by, ClearCard.
Use of these images by you or other third parties is prohibited
unless expressly permitted in the Rules or elsewhere on the ClearCard
site. Any unauthorized use of these images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and other
applicable regulations and statutes.
Any product, service, program or technology described in any document
published by ClearCard on this site may be the subject of other
intellectual property rights owned by ClearCard. Any such right
that is not expressly licensed hereunder is reserved by ClearCard.
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Trademark Statement
The trademarks, logos, and service marks (collectively
the "Trademarks") displayed on the ClearCard site are
registered and unregistered Trademarks of ClearCard and others.
ClearCard™ is a registered Trademark of ClearCard in the
United States and other countries (trademark denotations on the
ClearCard site indicate federal registrations in the United States).
Nothing contained on the ClearCard site should be construed as
granting by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the ClearCard site without
the written permission of ClearCard or such third party that may
own the Trademark. Misuse of any Trademarks, or any other content,
displayed on the ClearCard site is prohibited. ClearCard aggressively
enforces its intellectual property rights, including via civil
and criminal proceedings.
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Submissions
Apart from your personal information (which is addressed
in the Privacy Policy), any communication or material you send
to the ClearCard site, electronically or otherwise, including
but not limited to data, questions, comments, suggestions, or
submissions is and will be treated as non-confidential and non-proprietary.
Anything you send to the ClearCard site may be used by ClearCard
for any purpose including but not limited to reproduction, transmission,
disclosure, publication, broadcast, and posting. By submitting
material to ClearCard.com, you irrevocably transfer and assign
to ClearCard, and forever waive and agree never to assert, any
copyrights, "moral" rights, or other rights that you
may have in such material. ClearCard is free to use, without obligation
of any kind, any ideas, concepts, techniques, or know-how contained
in any communication you send to the ClearCard site for any purpose
whatsoever, including but not limited to developing, manufacturing,
and marketing products and services.
By using this site, you may submit, or ClearCard
may gather, certain limited information about you and your usage
of the site. Subject to the terms of the Privacy Policy, ClearCard
is free to use such information for any purpose it deems appropriate.
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No Warranties
There is no warranty that any information or service
provided or referenced by this site is either merchantable or
accurate, that such information or service will fulfill any of
your particular purposes or needs, or that such information or
service does not infringe on any third party rights. Except for
any express warranties stated on this site, if any, the information
and services provided or referenced on this site are provided
"as is" and with all faults, and the entire risk as
to satisfactory quality, performance, accuracy and effort is with
the user.
That means that while ClearCard uses reasonable efforts to include
accurate and up-to-date information on the ClearCard site, ClearCard
makes no warranties or representations as to its accuracy. ClearCard
may periodically add, change, or improve any of the information,
products, services, programs, and technology described on the
ClearCard site without notice. ClearCard assumes no liability
or responsibility for any errors or omissions in the content of
the ClearCard site.
In fact, your use of the ClearCard site is at your
own risk. Neither ClearCard nor any other party involved in creating,
producing, or delivering the ClearCard site is liable for any
direct, indirect, incidental, consequential, or punitive damages
arising out of your access to, or use of, the ClearCard site.
For example, ClearCard assumes no responsibility for, and will
not be liable for any damages to or any viruses which may affect
your computer equipment or other property on account of your access
to, use of, or downloading from, the ClearCard site. Please note
that some jurisdictions may not allow the exclusion of implied
warranties, so some of the above exclusions may not apply to you.
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Links
ClearCard has not reviewed all of the sites which
are linked to the ClearCard site, and the fact of such links does
not indicate any approval or endorsement of any material contained
on any linked site. ClearCard is not responsible for the contents
of any site linked to the ClearCard site; your connection to any
such linked site is at your own risk.
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U.S., International
Information
Most of the information on the ClearCard site applies
internationally, but a significant amount of information applies
only to certain countries or regions. For instance, if you see
the following indication in connection with information on the
ClearCard site:
The information on this page applies to businesses
in the U.S. then that information applies only to businesses operating
in the U.S. If you live outside of the U.S., the fact that you
have access to such U.S.-specific information does not mean that
such information applies or ever will apply to your country or
region. Although ClearCard tries to mark all country- and region-specific
information with this form of indication, it does not warrant
or represent that all information without this indication applies
internationally. You should check the applicability of any information
on this site to you or your organization.
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Downloading
Unless otherwise specifically indicated, you may
download material displayed on the ClearCard site for personal,
non-commercial use only and you may not distribute, modify, transmit,
use, or reuse any of the contents of the ClearCard site for any
public or commercial purpose without the written consent of ClearCard
or any third party ClearCard deems necessary. You must retain
all copyright and other proprietary notices on downloaded and/or
copied material. Any copy of material from the ClearCard site
you make and distribute for any purpose must also include these
Rules
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Consent to Receive
Records Electronically
When you sign up for any program offered by ClearCard
("ClearCard," "we" or "us"), you
consent to receive any privacy or other notices, agreements, disclosures,
reports, documents, communications, or other records (whether
or not related to the program you signed up for) from ClearCard
electronically. You consent to receive such records electronically
in either or both of the following ways:
A. We may post the record on the ClearCard web site
Privacy Policy page or the web site for the specific
ClearCard program you signed up for.
B. We may transmit the record to you by email.
All records provided to you electronically will be deemed to be
"in writing."
If you do not wish to receive records from ClearCard
electronically, you will not be permitted to sign up for a ClearCard
program.
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Paper
Copies of Records.
ClearCard reserves the right to provide records
in paper format at any time. You agree, however, that ClearCard
is not required to provide you with records in paper format. If
you want to retain a paper copy of any records provided electronically,
you should print a copy from your computer.
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Withdrawal of Consent
to Receive Records Electronically
If you have signed up for one of our programs, but
decide that you no longer wish to receive records from ClearCard
electronically, you must withdraw from the applicable ClearCard
programs you have joined. To inform us of your choice to stop
receiving records electronically and withdraw from a program,
visit our Contact page. There is no fee for withdrawing
from a ClearCard program unless otherwise stated in the agreement
applicable to that program.
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Hardware and Software
Requirements
In order to receive records electronically from
ClearCard, you must have:
An Internet browser, such as Internet Explorer 4.0 or greater
or Netscape Navigator 4.0 or greater;
An email account and email software;
A personal computer, operating system and telecommunications connections
to the Internet capable of supporting the foregoing;
Sufficient electronic storage capacity on your computer's hard
drive or other data storage unit; and
A printer that is capable of printing from your browser and email
software.
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Contact Information
Mailing Address:
ClearCard Payment Solutions
300 West Colorado Blvd.
Pasadena, CA 91105
Telephone:
Toll Free: (866) 501-3962
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Federal Law.
You acknowledge and agree that your consent to receive
records electronically is being provided in connection with a
transaction affecting interstate commerce that is subject to the
federal Electronic Signatures in Global and National Commerce
Act, and that we both intend that the Act apply to the fullest
extent possible to validate our ability to conduct business with
you by electronic means.
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Really
Legal Stuff
The Rules will be governed by and construed under
the laws of the State of California, excluding only its conflict
of law provisions. Each party to the ClearCard site Rules hereby
submits to the exclusive jurisdiction of the courts within the
State of California, and waives any jurisdictional venue or inconvenient
forum objections to such courts.
Any failure by ClearCard to enforce any of its rights
under the Rules or applicable laws shall not constitute a waiver
of such right. If any provision of the Rules is found by a court
of competent jurisdiction to be invalid, you, ClearCard, and the
court shall endeavor to give effect to the intent reflected in
that provision, and the remaining Rules provisions shall retain
their full force and effect.
United States and foreign export control laws regulate
the export and re-export of technology originating in the United
States and such foreign countries. You will abide by these laws
and regulations as applicable and will not transfer, directly
or indirectly, by electronic transmission or otherwise, any content
or software from the ClearCard site to or from any countries or
foreign nationals in violation of such laws or regulations.
Please also read over the ClearCard site Privacy
Policy. If you have any questions, comments, criticisms, or complaints
about ClearCard.com, please feel free to email us.
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