- 1. Eligibility
You must be at least 13 years old to use the TheTabCard.com Website. By using this Service or this Site, you represent and warrant that you are 13 or older, and that you agree to abide by all of the terms and conditions of this Agreement.
- 2. Description of Service
COMPANY is providing Member with TheTabCard.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member access to the Internet, and (3) pay any fees related with such connection.
- 3. Disclaimer of Warranties.
The site is provided by COMPANY on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, COMPANY makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. COMPANY shall have no liability for any interruptions in the use of this Website. COMPANY disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
- 4. Limitation of Liability
COMPANY SHALL NOT be liable for any damages whatsoever, and in particular COMPANY shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if COMPANY has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- 5. Indemnification
Member agrees to indemnify and hold COMPANY, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of Members use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Members computer, of any intellectual property or any other right of any person or entity.
- 6. Modifications and Interruption to Service
COMPANY reserves the right to modify or discontinue the Service with or without notice to the Member. COMPANY shall not be liable to Member or any third party should COMPANY exercise its right to modify or discontinue the Service. Member acknowledges and accepts that COMPANY does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- 7. Third-Party Sites
- 8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While COMPANY makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
COMPANY makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- 9. Governing Law; Consent to Jurisdiction; Jury Trial Waiver
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to its conflicts of law principles. You consent to the personal and exclusive jurisdiction of the Federal and Texas State courts sitting in Dallas County, Texas U.S.A. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT. The U.N. Convention on the International Sale of Goods shall not apply to this Agreement.
- 10. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- 11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is TheTabCard.com, with all rights reserved, or is the property of COMPANY, and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of COMPANY is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of COMPANY.
TheTabCard.com™, Tab Card™, and Card Rewards™ are proprietary marks of COMPANY. COMPANY trademarks may not be used in connection with any product or service that is not provided by COMPANY, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits COMPANY.
All other trademarks displayed on TheTabCard.com's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with COMPANY.
- 12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, TheTabCard.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
9409 Skywagon Lane,
Mckinney TX 75071
By Email: support@TheTabCard.com
- 13. Botnets
COMPANY retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, COMPANY reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- 14. Other Terms