CARDSCORE LLC TERMS OF USE


These Terms of Use (these “Terms” or this “Agreement”) govern your use of the CardScore hardware, software, and service (collectively, “CardScore”) and constitute a license for your use of CardScore. By accessing, viewing, or using CardScore, you acknowledge that you have read, understand, and agree with these Terms. If you disagree with these Terms and the Privacy Policy at app.cardscore.com and/or do not wish to be bound by these Terms or the Privacy Policy, do not use CardScore. If you are accepting these Terms on behalf of a business entity, you represent and warrant that you have sufficient authority to bind said entity, and that your acceptance of these Terms shall bind the entity on whose behalf you are accepting these Terms.


Your Use of CardScore.

CardScore is the intellectual property of and owned by CardScore LLC. CardScore LLC grants you a limited, nonexclusive, non transferable, revocable license to use CardScore and its service subject to the restrictions set forth in these Terms of Use. 


CardScore is offered and available to users who are at least 18 years of age or order, and reside in the United States of America or any of its territories or possessions. By using CardScore, you represent and warrant that you are of legal age to form a binding contract with CardScore LLC and meet all of the eligibility requirements for doing so in the state in which you reside. If you are under the age of 18 and/or are otherwise unable to enter into a binding contract, you must not access CardScore. CardScore is not intended for children under the age of 13. 


Access and Account Security.

CardScore LLC reserves the right to withdraw or amend any service or material it provides, in its sole discretion, and without notice. CardScore will not be liable if for any reason all or any part of its service is unavailable at any time or for any period, if its hardware malfunctions, or if, as a result of such unavailability or malfunction, you claim to suffer any damages. From time to time, CardScore may restrict access to some or all of its service to users, including registered users.


You are responsible for:


To access CardScore or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of CardScore that all information you provide to CardScore, at any time, without condition or limitation, is correct, current, and complete. You agree that all information you provide to register with CardScore or otherwise, including but not limited to through the use of any interactive features on CardScore, is governed by our Privacy Policy https://www.cardscore.com/privacy-policy and you consent to all actions CardScore takes with respect to your information consistent with CardScore’s Privacy Policy.


If you choose, or are provided with, a user name, password or any other piece of information as part of the CardScore’s registration procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person or entity with access to your CardScore account or CardScore service using your user name, password, or other security information. You agree to notify CardScore immediately of any unauthorized access to or use of your user name or password, or any other breach of security. 


CardScore has the right to disable any user name, password, or other identifier, whether chosen by you or provided by CardScore, at any time in our sole discretion for any or no reason, including, but not limited to, if, in our opinion, you have violated any provision of these Terms of Use, and/or any local, state, or federal law or regulation. 


Intellectual Property Rights. 

CardScore and its entire contents, services, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by CardScore LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.


You agree that you shall not reproduce, distribute, modify, reverse engineer, decompile, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any CardScore service accessed by you, except as follows:



You must not:


If you print, copy, modify, download or otherwise use or provide any other person with access to any part of CardScore in violation of the Terms of Use, your right to use CardScore will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to CardScore or any content on CardScore is transferred to you, and all rights not expressly granted are reserved by CardScore. Any use of CardScore not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.


CardScore’s name and logo, and all related names, logos, product, and service names, designs, and slogans are trademarks of CardScore LLC or its affiliates or licensors. You must not use such marks without the prior written permission of CardScore. All other names, logos, product, and service names, designs and slogans on CardScore are the trademarks of their respective owners.


Prohibited Uses. 

You may use CardScore only for lawful purposes and in accordance with these Terms of Use. You agree not to use CardScore:



Additionally, you agree not to:



Monitoring and Enforcement; Termination. 

CardScore at all times shall have the right to:



Without limiting the foregoing, CardScore has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through CardScore. YOU WAIVE AND HOLD HARMLESS CARDSCORE AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY ADMINISTRATOR OF CARDSCORE DURING OR AS A RESULT OF SUCH AN  INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CARDSCORE OR LAW ENFORCEMENT AUTHORITIES.


CardScore does not undertake to review all material before it is accessible by CardScore users, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, CardScore assumes no liability for any action or inaction regarding transmissions, communications, or content placed on CardScore by any user or third party, and shall have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.


Content Standards; License.

These content standards apply to any and all contributions to CardScore made by any user (each, a “User Contribution”) and use of any interactive services offered by CardScore. User Contributions must in their entirety comply with all applicable local, state, and federal laws, rules, and regulations. By submitting a User Contribution, you grant to CardScore a non-exclusive, worldwide, irrevocable, perpetual, transferable, and royalty-free right to use, copy, distribute, display, perform, modify, translate, store, or otherwise exploit the User Content (including identifying information, such as your name, likeness, etc.) in any media throughout the world. You represent and warrant that you own or have all necessary rights to provide your User Content and license it to CardScore LLC for use as described above and in accordance with any Additional Terms that may apply; that your User Content is accurate; and that use of your User Content does not violate these Terms or violate or infringe on the rights of any third party and will not cause harm . At our request, you will provide us with documentation to verify your compliance with these Terms. To the fullest extent permitted by law, you waive any “moral rights” you may have in your User Content, even if you do not agree with our use or how we have modified it. Without limiting the foregoing, User Contributions must not: 




Use CardScore at Your Own Risk. 

You agree that your access to and use of CardScore and its service is at your own risk. CardScore will have no responsibility for any harm that results from your access to or use of its content or its service.


Disclaimer of Warranties. 

You understand that CardScore cannot and does not guarantee or warrant that files available for downloading from the internet or the CardScore Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. CardScore WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CARDSCORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH CARDSCORE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.


YOUR USE OF CARDSCORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CARDSCORE IS AT YOUR OWN RISK. CARDSCORE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CARDSCORE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CARDSCORE NOR ANY PERSON OR ENTITY ASSOCIATED WITH CARDSCORE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF CARDSCORE. WITHOUT LIMITING THE FOREGOING, NEITHER CARDSCORE NOR ANY PERSON OR ENTITY ASSOCIATED WITH CARDSCORE REPRESENTS OR WARRANTS THAT CARDSCORE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH CARDSCORE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT CARDSCORE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CARDSCORE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SCORE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 


CARDSCORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability.

IN NO EVENT WILL CARDSCORE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CARDSCORE, ANY WEBSITES OR SERVICES LINKED TO IT, ANY CONTENT ON CARDSCORE OR OTHER WEBSITES OR ANY SERVICES LINKED TO IT, OR ITEMS OBTAINED THROUGH CARDSCORE OR OTHER WEBSITES LINKED TO IT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT WILL THE TOTAL LIABILITY TO YOU BY CARDSCORE LLC, ITS AFFILIATES, ITS MEMBERS, ITS MANAGERS, ITS EMPLOYEES, AND ITS CONTRACTORS, FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO CARDSCORE IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO YOUR CLAIM OR $10, WHICHEVER IS GREATER.


Indemnification. 

You agree to defend, indemnify, and hold harmless CardScore LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, members, managers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of CardScore, including, but not limited to, your User Contributions, any use of CardScore’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from CardScore, or the violation of these Terms of Service by a third party to whom you granted your access to CardScore.  


Third Party Access. 

If you grant an employee, agent, volunteer, contractor, or other Third Party access to your data, such Third Party shall be deemed to have read, understand, and agree with these Terms. Under no circumstances shall CardScore be liable for any action taken by such a Third Party, including, but not limited to, data loss, data corruption, a violation of Content Standards, and any action on another site or via a different entity which the Third Party uses your data accessed on CardScore. 


Miscellaneous

No waiver of any breach of any provision of these Terms will be deemed a waiver of any preceding or succeeding breach or of any other provision of these Terms. No extension of time for performance of any obligations or acts will be deemed an extension of the time for performance of any other obligations or acts.


In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms, but these Terms shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. 


You agree that these Terms and your use of CardScore is governed by the laws of the State of Michigan, United States of America. Both you and CardScore LLC waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action.  Except for CardScore LLC’s right to seek injunctive or equitable relief in a state and federal court located in Kent County, Michigan (or any other court with jurisdiction over the parties), the parties each agree to finally settle all disputes arising out of or relating to CardScore only through binding arbitration before a sole arbitrator under the streamlined arbitration rules procedures of JAMS Inc. (“JAMS”). In arbitration, there is no judge or jury, and review is limited. With limited exceptions, the arbitrator’s decision and award is final and binding, and judgment on the award may be entered in any court with jurisdiction. If JAMS does not set a hearing date within 14 days of the filing of a “demand for arbitration,” then a party may elect to have the arbitration administered by a mutually-agreed arbitration service. If an in-person hearing is required, it will take place in Grand Rapids, Michigan. A dispute will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason a court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction. 


CardScore’s Service is controlled by facilities in the United States of America. CardScore makes no representations that CardScore is appropriate or available for use in other locations. If you access CardScore from any location outside the United States of America, you do so at your own risk and you are solely responsible for your compliance with all local laws and regulations. 


These Terms of Use are the entire and exclusive agreement between CardScore and you regarding the CardScore and its Service, and these Terms of Use supersede and replace any prior agreements between CardScore and you regarding CardScore and its Service.