Terms, Conditions and Rules of Use of iDeal Card
Please review and accept the Terms, Conditions and Rules of Use of iDeal Card
By activating your iDeal Card you agree to be bound by all terms, conditions and rules of use. iDeal Card terms, conditions and rules of use are available on this site and you should periodically review this site for any updates or changes. Your continued use of iDeal Card shall constitute notice and acceptance of any such changes.
THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU THE CARDHOLDER AND IDEAL CARD, INC. ("iDeal Card") THE PRODUCTS AND SERVICES OF IDEAL CARD ARE PROVIDED TO YOU ON THE CONDITION THAT YOU AGREE TO TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND AGREE TO FOLLOW THE RULES OF USE LISTED ON THIS SITE. YOU WILL BE BOUND BY THE TERMS AND CONDITIONS AND AGREE TO FOLLOW RULES OF USE IF YOU SELECT THE "YES, I ACCEPT" BUTTON BELOW. IF YOU DO NOT AGREE TO FOLLOW THE RULES OF USE, OR TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT OR DO NOT WANT THEM TO BE BINDING ON YOU, DISCONTINUE USE OF YOUR IDEAL CARD AND CANCEL YOUR ACCOUNT. IDEAL CARD MAY REVISE AND UPDATE THIS AGREEMENT AT ANY TIME. YOUR CONTINUED USAGE OF YOUR IDEAL CARD WILL MEAN YOU ACCEPT THOSE CHANGES.
I.LIMITED LICENSE TO USE IDEAL CARD AND RULES OF USE
A.Subject to the rules of use, and the terms and conditions of this Agreement, iDeal Card grants You a personal, nonexclusive, nontransferable limited license to use the Products and Services provided by iDeal Card solely during the time frame that the iDeal Card Products and Services are available on our website and participating merchants. You may print or download a single copy of the information found on our website for Your personal, noncommercial use.
B.Your iDeal Card is non-transferable and for your personal use and must be activated using your legal name and correct mailing address. You may only have one active iDeal Card, any violation of this policy may result in cancellation of all cards activated and permanent loss of any Reward Points earned, iDeal Dollars, Promotional Dollars, eCoupons, and benefits. You may not use your iDeal Card for the benefit of a third party or give any third party beneficial use of your iDeal Card.
C.You may not copy, download, upload or in any other way reproduce the content found on our website for commercial use unless you have obtained the written permission of an authorized agent for iDeal Card.
D.You may not sell, distribute, sublicense, provide access to, or transfer your iDeal Card, in whole or part, to a third party.
E.You may not create compilations or derivative works of the Products and Services provided by iDeal Card.
F.You may not reverse engineer, decompile or disassemble any part of the Products or Services provided by iDeal Card.
G. You agree to indemnify, reimburse, and hold iDeal Card harmless against all claims and damages (including, without limitation, reasonable attorneys' fees) arising out of or related to any use of the Products and Services, unless such claims or damages result from the infringement of any copyright or other proprietary right of any third party (except if due to a combination, addition or modification, if applicable).
II.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A.IDEAL CARD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ANY SERVICE OR PRODUCT, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR REPRESENTATIONS CONCERNING MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR THAT PRODUCTS OR SERVICES WILL BE ERROR-FREE OR USED WITHOUT INTERRUPTION. TO THE EXTENT THAT A PRODUCT OR SERVICE UTILIZES THE INTERNET OR YOUR INTERNAL COMPUTER NETWORK, YOU ACKNOWLEDGE THAT IDEAL CARD HAS NO CONTROL OVER THE FUNCTIONING OF THE INTERNET OR YOUR COMPUTER NETWORK AND THAT IDEAL CARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE PERFORMANCE OF THE INTERNET OR YOUR COMPUTER NETWORK. IN ADDITION, NO WARRANTIES OR REPRESENTATIONS ARE MADE AS TO ANY THIRD PARTY SOFTWARE OR CONTENT THAT MAY BE CONTAINED IN ANY PRODUCT AND ALL REFERENCES TO PRODUCTS IN THIS SECTION MEANS THE PRODUCT EXCEPTING ANY THIRD PARTY SOFTWARE OR CONTENT.
A.NOTWITHSTANDING ANY PROVISIONS IN THIS AGREEMENT TO THE CONTRARY, UNDER NO CIRCUMSTANCES WILL IDEAL CARD BE LIABLE TO LICENSEE UNDER, OR WITH RESPECT TO ANY SUBJECT MATTER OF, THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS EVEN IF INFORMED OF THE POSSIBILITY THEREOF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE AND APPLY TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS.
B.IN NO EVENT SHALL THE AGGREGATE LIABILITY OF IDEAL CARD ARISING UNDER OR IN CONNECTION WITH ANY PRODUCT OR SERVICE PROVIDED UNDER THIS AGREEMENT EXCEED ONE-HUNDRED DOLLARS ($100). SUCH LIMITATION IS AN ESSENTIAL PROVISION OF THIS AGREEMENT AND WAS AND IS A CONDITION UPON WHICH THE PRODUCTS AND SERVICES ARE AVAILABLE ON THIS WEBSITE AND AVAILABLE AT PARTICIPATING MERCHANTS.
III.COPYRIGHT & TRADEMARKS
A.The Products, the copyrights thereto, and the trademarks utilized in connection therewith are and shall remain the sole property of iDeal Card or its third-party licensors. iDeal Card regards the Products and Services, or any part thereof, as proprietary information ("Proprietary Information"). You shall not, nor permit others to, provide, disclose, or otherwise make such Proprietary Information available to, or accessible by, any person.
A.This Agreement constitutes the entire understanding between the parties hereto with respect to the subject matter hereof.
B.This Agreement shall be construed and the rights and liabilities of the parties determined in accordance with the laws of the State of Oklahoma, venue Tulsa County, without giving effect to any body of law or precedent relating to conflicts of laws.
C.Regardless of the form of action, no action arising from this Agreement may be brought by You more than twelve (12) months after the cause of action arises.
D.You acknowledge that a violation of any term of this Agreement could result in irreparable injury to iDeal Card and its business, and iDeal Card may be entitled to equitable remedies, including an injunction for threatened or continuing breach of this Agreement, in addition to any other remedy that iDeal Card may have at law or in equity.
E.Notwithstanding the expiration or termination of this Agreement for any reason whatsoever, the provisions of Sections II and III shall survive and bind the parties indefinitely.
F.In the event that any provision of this Agreement is adjudged by a court to be invalid, void or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms.
G.The failure of either party to give notice of nonperformance, breach or termination, or to otherwise enforce any rights hereunder, shall not constitute a waiver of any terms or conditions of this Agreement
H.iDeal Card retains the right to alter the Products and Services provided by iDeal Card as seen fit without express notification or consent of you, the end-user, as these terms and conditions should be periodically reviewed for changes. These changes may include but are not limited to the changing or altering of point systems, programs, incentives or promotions. Reward Points and associated iDeal Dollars earned will be voided and forfeited if iDeal Card is unable to debit the merchant's bank account that is associated with the Reward Points earned. Your continued use of your iDeal Card constitutes agreement to any changes of these terms and conditions.
I.iDeal Card retains the right to cancel, expire, transfer or void reward points earned, iDeal Dollars, Promotional Dollars, eCoupons and benefits of users who violate the terms, conditions, and rules of use of this agreement. Further, iDeal Card retains the right to convert, modify, transfer, cancel or expire Reward Points earned, iDeal Dollars, Promotional Dollars, eCoupons and other benefits of the program at any time for any reason unless restricted by law.
After 12 months of non-use of your iDeal Card; your iDeal Dollars, Reward Points, eCoupons, the promotional part of iDeal Dollar Promotions, and other Benefits will expire. Non-use is defined as not using your iDeal Card to earn Reward Points or redeem an eCoupon.