TERMS AND CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of TheCommuniKey.com website(s), mobile site(s), app(s), and other media and any content made available from or through this website, including any subdomains thereof, The CommuniKey™ discount card/mobile app and all other website(s), mobile site(s), mobile app(s), and other media (collectively, the “Site”) that are part of The CommuniKey™ discount program, which is owned and operated by Millennial Connections, LLC (the “Company” and sometimes referred to herein as “we”, “us” or “our”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. By purchasing, Installing, registering or using The CommuniKey™ discount card/mobile app and/or using our site, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not use The CommuniKey™ discount card/mobile app or access or otherwise use the Site.
1. The CommuniKey™ Discount Card/Mobile App.
(a) Eligibility. All individuals over the age of 18 (“Eligible Members”) are eligible to purchase/install The CommuniKey™ discount card (the “Card”)/mobile app (“App”). All Eligible Members who purchase/install the Card/App will become members of The CommuniKey™ discount program (the “Discount Program”) and will have all the rights and responsibilities associated with members of the Discount Program. By purchasing, installing, registering or using the Card/App and/or using our Site, you are representing and warranting that you are 18 years or older. You acknowledge and understand that we issue the Cards/App based on this representation and warranty and that we have no obligation to confirm that you are an Eligible Member before selling you the Card.
(b) Card/App Purchase. If you purchase your Card offline, you must register your Card at TheCommuniKey.com Site promptly following purchase in order to access the complete benefits, savings and services available through membership in the Discount Program. When you purchase your Card online, register your Card online, or install the App you must provide certain personal information, including a valid address, phone number and e-mail address, and you will be asked to create a password to view your account. You may not select a password that violates anyone’s rights or one that, in our sole discretion, we consider offensive, inappropriate or improper. You represent and warrant that any and all information you provide to us shall be accurate and complete in all respects. If there are any changes to your personal information (name, address, telephone number, e-mail address, etc.) at any time in the future, you must access your mobile app account or otherwise contact us to update this information.
(c) Personal Use Only. Each Card/App is for a single Eligible Member only. We do not permit the sharing of your Card, Card number, App, App account information, password or discounts with any other person or persons. You represent and warrant that you will use your Card/App for your personal use only and will not attempt to share the Card/App or the discounts available through the Card/App with anyone. You are prohibited from reproducing or otherwise counterfeiting your Card. The Card is nontransferable and may only be used by the person purchased the card. The App is nontransferable and may only be used by the person whose name is associated with the account. If we reasonably believe that you are using your Card/App contrary to the provisions of this paragraph, we reserve the right to cancel your membership in the Discount Program immediately. You have responsibility for maintaining the confidentiality and security of your account. You agree that you will not allow others to use or access your account. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any losses arising out of the unauthorized use of your Card/App, personal information, password or account.
(d) Billing. If you are using the App, you will be billed month-to-month for $1.99 per month, unless you cancel your membership in writing by emailing email@example.com or firstname.lastname@example.org, or we terminate your membership. You must provide us with a current, valid, accepted credit card to be a member of the Discount Program. You agree to maintain valid credit card information in your account information. We will bill the monthly fee to your credit card. To avoid being billed, you must cancel your membership. You agree to pay all fees associated with the Card, the App and the Discount Program in full. For use of the App, you will be billed upon commencement of your paid membership in the Discount Program and each month thereafter in advance on the calendar day corresponding to the commencement of your paid membership in the Discount Program. If you are using the Card, you must pay for a pro-rated year long membership upfront and your membership expire one year after your purchase of the Card. At the end of each year you must purchase a new Card. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
CommuniKey offers fundraising for organizations through our platform at www.fundraise.thecommunikey.com. If you purchase a six ($11.99) or 12 ($19.99) month membership through this platform your membership will be valid for the time period that you purchased. If you fail to cancel your membership before your purchased membership ends, your subscription will be automatically renewed for the same time period/price you originally signed up for. All cancellations must be sent to email@example.com
(f) Card Validity. Each Card issued is valid until the expiration date printed on the Card. You acknowledge and understand that your Card will become invalid on the expiration date printed on the front of the Card and that you will not be entitled to any discounts or promotions offered through the Discount Program after the expiration date printed on the front of the Card. You agree that you will not in any way attempt to alter the expiration date that is printed on the front of your Card. We reserve the right to invalidate your Card at any time if we determine that you have violated any provision of these Terms and Conditions.
(g) App Validity. Each App installed is valid until you cancel services or fail to make payment, or until we terminate services. You acknowledge and understand that the App will become invalid when you stop paying the monthly fee, cancel services, or we terminate services and that you will not be entitled to any discounts or promotions offered through the Discount Program after that date. We reserve the right to invalidate your App at any time if we determine that you have violated any provision of these Terms and Conditions.
(h) Card/App Use. Membership in the Discount Program entitles you to the discounts, savings, benefits and services available at our various participating merchant locations (“Participant(s)”). Information regarding Participants can be found on our Site. In order to receive available discounts, savings, benefits or services at a Participant, you must present your Card/App at the Participant. A Participant has the right to deny a discount if you fail to present your Card/App before purchase or if you fail to present a valid ID that confirms that you are the Eligible Member to whom the App is registered. Participants may take your Card number, redemption code, or other related information in order to track purchases and use of the Card/App. Use of the Card/App or the associated Discount Program benefits in a manner that violates the rules or regulations of these Terms and Conditions or of any Participant is prohibited by these Terms and Conditions and is grounds for invalidation of your Card/App. You acknowledge that the terms of agreement with your respective mobile network provider will continue to apply when using the App and that you may be charged by your mobile provider for access to network connection services for the duration of the connection when accessing the App. You accept responsibility for any such charges that arise.
(i) Lost/Stolen/Damaged Cards. If your Card is lost or stolen, you will need to purchase a new Card. We cannot replace a Card that has been lost or stolen as we have no way to verify that your Card was lost or stolen and not simply given to another person. If your Card is damaged, we will replace your Card for 50% of the current prorated cost of a current membership provided that you send the damaged Card to us. If you cannot provide us with the damaged Card, we cannot replace your Card and you will need to purchase a new Card.
(j) Availability of App. The App is available on mobile devices with Apple iOS and Android Operating Systems. We will use reasonable efforts to ensure the App is available at all times. However, you acknowledge and understand that the quality and availability of the App may be affected by factors outside of our control.
(k) System Requirements. In order to use the App you must have a compatible mobile device, internet access, and the necessary minimum software requirements. The App is compatible with iOS 7 and above. The App is compatible with Andriod 4.2 Jelly Bean and above
2. Proprietary Rights.
(a) In General. As between you and us, we own, solely and exclusively, all rights, title and interest in and to The CommuniKey™ discount card/mobile app, our Site, all the content (including, for example, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, etc.), code, data and materials thereon, the look and feel, design and organization of our Site, and the compilation of the content, code, data and materials on our Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein. Your use of The CommuniKey™ discount card/mobile app or our Site does not grant to you ownership of any content, code, data or materials you may access on or through the same.
(b) Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on our Site or on content available through our Site are our registered and/or unregistered Trademarks and the registered/unregistered Trademarks of others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders. All Trademarks not owned by us that appear on our Site are the property of their respective owners. Nothing contained on our Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written permission of the Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on our Site is strictly prohibited.
3. Limited License. You may access and view the content on our Site on your computer, mobile device, or other device and, unless otherwise indicated in these Terms and Conditions or on our Site, make single copies or prints of the content on the Site for your personal, internal use only. Use of the Site and the services offered on or through the Site, are only for your personal, non-commercial use.
4. Prohibited Use. Any commercial or promotional distribution, publishing or exploitation of our Site, or any content, code, data or materials on our Site, is strictly prohibited unless you have received the express prior written permission from our authorized personnel or the otherwise applicable rights holder. Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Site. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, any of the content, code, data, or other materials on or available through our Site, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through our Site. If you make other use of our Site, or the content, code, data or materials thereon or available through our Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
6. Submitted Materials.
(a) Right to Monitor. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to our Site, and we are not responsible for any such materials posted by users. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable, inappropriate, improper or in violation of these Terms and Conditions, our policies or applicable law. We may also impose limits on certain website(s) or media or restrict your access to part or all of the Site or the forums, blogs or media available through the Site without notice or penalty if we believe you are in breach of the provisions set forth in this paragraph, our Terms and Conditions, or applicable law, or for any other reason without notice or liability.
(c) Prohibited Use. You agree that you shall not upload, post, transmit, distribute or otherwise publish through our Site, or any service or feature made available on or through the same, any materials which (i) restrict or inhibit any other user from using and enjoying our Site, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
(d) Private or Sensitive Information. It is important to remember that comments submitted to a blog or other public forum may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who may read them. It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, embarrassing, proprietary or confidential information in our blog or other public forums.
7. Prohibited Conduct.
(a) You warrant and agree that, while using the Card/App, our Site, and/or the various services and features offered through the Discount Program, you shall not: (i) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (ii) insert your own or a third party’s advertising, branding or other promotional content into any of our Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or
(iii) attempt to gain unauthorized access to other computer systems through our Site.
(b) You shall not: (i) seek to obtain sensitive or personally identifiable information from other users of our Site or engage in any automatic means of obtaining lists of users or other information from or through our Site, including without limitation any information residing on any server or database connected to our Site; (ii) subject our Site to any virus, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (iii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iv) use our Site in any manner with the intent to directly or indirectly interrupt, damage, disable, overburden, or impair the same, including, without limitation, sending spam, junk mail or other unsolicited messages or “flooding” servers with requests; (v) modify or alter any portion of our Site;
(vi) use our Site in violation of our or any third party’s intellectual property or other proprietary or legal rights; or (vii) use our Site in violation of any applicable law.
(c) You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our Site, or any content thereof, or make any unauthorized use thereof. You agree that you shall not use our Site in any manner that could damage, disable, overburden, or impair the same or interfere with any other party’s use and enjoyment of our Site. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through our Site.
8. Contests. From time to time, we may run contests, sweepstakes or other promotions that Eligible Members may enter. The rules and terms and conditions of each contest, etc. will be included on the Site explaining the applicable contest. These contests, sweepstakes and other promotions may require you to provide certain personal information. By entry into a contest or other promotion you represent and warrant that you are an Eligible Member. You further represent and warrant that any and all information you provide for any contest or other promotion will be accurate and complete in all respects. You acknowledge and understand that we rely on these representations and warranties and we have no obligation or responsibility to confirm that a contest entrant is an Eligible Member or that the information they have provided is accurate. We shall have no liability to anyone in the event that someone violates the contest rules or provides inaccurate information in their entry form(s) for the contest, even if any such person ends up winning a particular contest or promotion. Without limiting the foregoing, if we at any time determine that you were not eligible for a particular contest or promotion or that you provided inaccurate information in your entry form(s) for said contest or other promotion, we reserve the right to remove you from eligibility for the contest or promotion or demand return of any prize you may have received from said contest or promotion.
9. Linking to the Site. You agree that if you include a link on any other website to any portion of our Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of the applicable portion of the Site. You are not permitted to link directly to any image hosted on the Site, including, without limitation, “in-line” linking. You agree not to download or use images hosted on our Site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to our Site in any manner such that our Site, or any page of our Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to our Site be discontinued, and to revoke your right to link to our Site from any other website at any time upon written notice to you.
10. Third Party Web Sites. You may be able to link from our Site to third party websites and third party websites may link to our Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by Participants or affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on our Site does not imply our endorsement, sponsorship, or recommendation of that site. We disclaim any liability for links from another website to our Site and to another website from our Site. We cannot guarantee the standards of any website to which links are provided on our Site nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for any transmission received from any linked website. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
11. Site Content.
(a) Discounts and Offers. Our Site offers the most up-to-date information on discounts, savings and benefits offered by Participants. Discount Program members can search for discounts, savings and Participants on our Site Some Participants’ discounts may only be available at certain locations. You should contact the Participant to confirm they offer the discount at the location you are interested in. In addition, certain discounts, events, or featured deals may not be unlimited and may expire or otherwise run out at a certain time or after a certain number have been provided. You should contact the Participant to confirm that a discount, deal or event is still available and what the restrictions may be regarding same. All discounts, events or other deals offered through the Discount Program are subject to the policies and procedures of the applicable Participant. For example, we cannot guarantee that you will be able to receive a particular discount if the Participant has exceeded its limit on number of discounts available, has reached its maximum occupancy or otherwise. You should contact the Participant to get particular details on a discount, event or other deal offered. We are not responsible if you are unable to receive a discount due to the expiration of that discount, eligibility numbers being reached at the Participant, or other policies of the Participant.
(b) Not Responsible for Errors. We take reasonable efforts to maintain the currency of our database of Participants and their discounts. However, we are not responsible for third parties’ restrictions or changes to their offers not communicated to us. Even though we take all efforts to keep the listing of sponsors and savings up to date, our Site may contain errors, may be missing information or may not be current. We reserve the right to correct any errors or omissions and to update information at any time without prior notice. We are not responsible for incorrect or incomplete information regarding a Participant or its discount. If you become aware of an error regarding a Participant or its discount, you may submit corrections to us in an email to Binghamton@thecommunikey.com.
(c) Participants are Independent. The Company and its Participants are independent contractors. WE ARE NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY PARTICIPANT OF THE DISCOUNT PROGRAM, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANY LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY PARTICIPANT OR OTHER THIRD PARTY IN CONNECTION WITH THE DISCOUNT PROGRAM.
(d) Participant Disputes. We are not responsible if a Participant changes its discount at any time. Without limiting the foregoing, if you have a dispute with a Participant to report, we will take commercially reasonable efforts to address the dispute. You may report disputes with Participants by contacting us at Binghamton@thecommunikey.com. Reports must be submitted with the following information: merchant name, merchant address, date of purchase, discount denied and purchase information.
12. Copyright Agent. We respect the intellectual property rights of others, and require that the people who use our Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
(a) Your address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the alleged infringing material is located;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
Notifications should be sent to the following:
James W. J. Orband, Copyright Agent
Millennial Connections, LLC
P.O. Box 3401
Binghamton, NY 13902-3401
By Phone: 607-239-7045
13. Indemnification. You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Card/App, the Site, your placement or transmission of any message, content, information, or other materials through the Site, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
14. DISCLAIMER OF WARRANTIES.
(a) THE CARD/APP, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS PROVIDED THROUGH THE SAME, ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE’S CONTENT, FUNCTIONS OR MATERIALS PROVIDED THROUGH THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE SITE.IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(b) WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF THE WEB SITE). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
15. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE CARD/APP, THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR PURCHASE OF THE CARD.
16. Termination. We may terminate, change, suspend or discontinue any aspect of the Site at any time. We may restrict, suspend or terminate your Card/App or your access to the Site if we believe you are in breach of our Terms and Conditions or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.
17. Changes to Terms and Conditions. We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Y our continued use of the Card/App, the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
18. Miscellaneous. The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York, County of Broome, United States of America. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Broome County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. All parties to these Terms and Conditions waive their respective rights to a trial by jury.