BY ACCESSING THE WEB SITE LOCATED AT WWW.ESPREECARD.COM OR ANY RELATED WEB PAGES (COLLECTIVELY REFERRED TO AS THE “WEB SITE”), PRINTING OR DOWNLOADING MATERIALS FROM THE WEB SITE, OR OTHERWISE USING THE WEB SITE, YOU (“YOU”, “YOUR” OR “USER”) AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS INCLUDED IN THE CARDHOLDER AGREEMENT AS WELL AS THE TERMS AND CONDITIONS THAT ARE SET FORTH BELOW AND THAT ARE POSTED ELSEWHERE ON THE WEB SITE (COLLECTIVELY, THE “WEB SITE TERMS AND CONDITIONS”). THE WEB SITE IS PROVIDED BY FirstView FINANCIAL LICENSES, INC, AND/OR ITS PARENT COMPANIES, AFFILIATES, AND SUBSIDIARIES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS (COLLECTIVELY REFERRED TO AS “WE” OR “US”).
Your continued use of the Web Site means that you agree that the Web Site Terms and Conditions, including the provisions of the Cardholder Agreement, legally bind you in the same manner that a signed, written, non-electronic contract does. You should not use the Web Site in any manner or attempt to access the Web Site if you are not willing to be bound and abide by the Web Site Terms and Conditions, including the terms and conditions included in the Cardholder Agreement. Your continued use of the Web Site also means that you represent and warrant that you are able to enter into legally binding contracts.
For purposes of the Web Site Terms and Conditions, the term “Web Site” includes without limitation the publicly available content, materials and information and those parts of the Web Site that may be available to you if you have created a customer account with the Web Site (collectively, “Content”).
Use of the Web Site and Content.
We grant you a limited, nonexclusive, nontransferable license during the Term (defined below) to access the Web Site solely to display the Content for informational or transactional purposes only and to print and/or save copies of the Content with or on your personal computer, solely for your use in completing transactions through your account or obtaining information regarding us and our subsidiaries and affiliates and information about the status of your account. Any other use of the Content or the Web Site is expressly prohibited. All other rights in the Content and the Web Site are reserved by us and our licensors. We reserve all rights in the Web Site and you agree that the Web Site Terms and Conditions, including the terms and conditions included in the Cardholder Agreement, do not grant you any rights in or licenses to the Web Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Web Site, or in any other way exploit any of the Content or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Web Site (or any part of the Web Site) as part of any Web site or any other work of authorship without our prior written permission.
Web Site Accuracy.
Although we have tried to provide accurate and timely information on the Web Site, please be aware that the Web Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Web Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and we shall have no liability for such decisions. If you need specific details about any information contained in our Web Site, you should contact us at firstname.lastname@example.org.
No Legal or Financial Advice.
From time to time, the Content may provide information regarding financial, tax or legal issues. Such information is provided by way of example and may not be applicable or appropriate to your situation or your company. You should consult your own advisers as to the applicability or desirability of any such information to your own circumstances. Your use or reliance on any Content is at your own risk.
Your Responsibilities as a registered Customer.
If you register to access your accounts via this Web Site, then you are responsible for maintaining the privacy and security of your login information, including your user name and password, and not allowing others to use the login information. You will notify us of any breach in secrecy of your login information. You agree to immediately notify us by e-mail at email@example.com or by telephone at 1-800-936-4360 of any potential breaches of secrecy of the login information.
Web Site Restrictions.
As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or prohibited by these Web Site Terms and Conditions. You will not submit any false, misleading or inaccurate information to us, by mail, phone or the Web Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site. By way of example, and not as a limitation, you will not use the Web Site to:
We have no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. However, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Third Party Content and Links.
From time to time, the Web Site may contain references or links to third-party materials (including without limitation web sites) not controlled by us or our suppliers or licensors. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Web Site, including without limitation content, property, goods or services available on the Linked Sites.
Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (ON OUR OWN BEHALF AND ON BEHALF OF ALL OF OUR SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE LICENSORS AND SUPPLIERS) EXPRESSLY DISCLAIM ALL WEB SITE WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION REGARDING ANY CONTENT OR OTHER INFORMATION ACCESSED THROUGH THE WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. NO CONTENT, MATERIALS OR OTHER ADVICE OR INFORMATION, WHETHER ORAL, WRITTEN OR IN ANOTHER FORM, OBTAINED BY YOU THROUGH THE WEB SITE OR OTHERWISE, WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED TO YOU “AS IS.”
Limitations on Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT WE AND ALL OF OUR SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE SUPPLIERS AND LICENSORS, AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, ADVISORY BOARD MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS AND AFFILIATES (COLLECTIVELY, “FirstView PARTIES”) SHALL NOT HAVE ANY LIABILITY TO YOUR OR ANY PARTY ARISING OUT OF YOUR USE OF THE WEB SITE, ANY CONTENT OR THESE TERMS AND CONDITIONS (WHETHER SUCH CLAIMS ARE BASED IN TORT, CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LAW) FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE FirstView PARTIES FOR DAMAGES OF ANY TYPE, EXPENSES OR LOSSES UNDER ANY CLAIM, CAUSE OF ACTION, LAWSUIT OR PROCEEDING (WHETHER SUCH CLAIMS ARE BASED IN TORT, CONTRACT, NEGLIGENCE, PRODUCTS LIABILITY OR ANY OTHER THEORY OF LAW) ARISING OUT OF OR RELATING TO THE WEB SITE, THE CONTENT OR THESE TERMS AND CONDITIONS EXCEED TEN DOLLARS (US$10). THE LIABILITY LIMITATIONS IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE FirstView PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE APPLICABLE DAMAGES. AS SUCH YOU ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY APPLIES EVEN TO ANY NEGLIGENCE OF THE FirstView PARTIES.
Proprietary Rights and Confidential Information.
The Content located on the Web Site web pages that are only accessible with your user identification and password and any information provided through the interactive sessions are considered our and our affiliates' and associates' confidential and proprietary information. Intellectual property rights in and to the Content are owned by us and/or our affiliates, associates, licensors or suppliers. We and our affiliates, associates, licensors and suppliers reserve all rights in and to the Content that are not expressly granted to you herein. You acknowledge and agree that the Content and other information related thereto or disclosed or delivered to you in relation to this Agreement (“FirstView Information”) represent our confidential and proprietary information. You agree to keep FirstView Information confidential by exercising the necessary care required to prevent its disclosure, but in no event less than reasonable care. You will not copy, print, disclose, divulge, distribute, publish, transmit or transfer FirstView Information to any third party or use FirstView Information for any purpose whatsoever without our prior written permission. Your obligations with respect to FirstView Information deemed a “trade secret” under applicable law shall remain in effect for as long as FirstView Information remains a trade secret. Your obligations with respect to FirstView Information that is not deemed to be a trade secret shall remain in effect for a period of three (3) years following your receipt of FirstView Information. Your obligations set forth under this Section shall survive termination of the Cardholder Agreement and this Agreement.
You agree to defend, indemnify, and hold the FirstView Parties harmless from any and all damages, costs and expenses, including without limitation reasonable attorneys' fees, arising out or relating to any and all third party claims, demands or allegations arising out of or relating to your use of the Web Site or Content, including without limitation arising out of or relating to your violation of the Terms and Conditions, any applicable laws, or your violation of any rights of a third party.
We reserve the right to change or modify the Web Site Terms and Conditions from time to time. If we decide to change the Web Site Terms and Conditions, we will post those changes on the Web Site and may notify you via email or using other contact information you provided to us. We reserve the right to modify or temporarily discontinue your access to the Web Site or parts thereof, with or without notice to you. You agree that FirstView shall not be liable to you or any third-party for any modification to the Web Site or your access to the Web Site.
To use the Web Site, you must at no cost to us: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary for you to make such connection to the World Wide Web, including without limitation a computer and modem or broadband Internet connection; and (c) in order to complete transactions via the Web Site, agree to pay the applicable fees then in effect, as set forth in the Cardholder Agreement or as posted on this Web Site and updated from time to time, for the transaction being effected.
Termination of Customer Accounts.
The term (“Term”) of the Web Site Terms and Conditions (excluding the Cardholder Agreement, which shall be governed by the Cardholder Agreement) shall continue until either you or we terminate your Web Site customer account, with or without cause at any time and effective immediately. We may additionally, in our sole discretion, immediately terminate these Web Site Terms and Conditions and your access to your web account if you fail to adhere to these Web Site Terms and Conditions. You agree that none of the FirstView Parties shall be liable to you or any third party for termination of these Web Site Terms and Conditions. Should you object to any terms or conditions of these Web Site Terms and Conditions or any subsequent modifications to these Web Site Terms and Conditions or become dissatisfied with any part of the Web Site in any way, your sole and exclusive remedy is to immediately: (1) terminate use of the Web Site; and (2) notify us in writing of your termination of your agreement to these Web Site Terms and Conditions. Cancellation of the Cardholder Agreement shall be made exclusively pursuant to the terms and conditions contained in the Cardholder Agreement. Upon expiration of the Term or termination of the Cardholder Agreement or these Web Site Terms and Conditions, your license rights to the Web Site immediately cease. Acceptance of the Web Site Terms and Conditions shall mean agreement and acceptance to the condition that all provisions relating to indemnification, confidentiality, warranty disclaimers, limits of liability, choice of law, non-disclosure, arbitration, equitable relief, assignment, notice and the provision with the heading of “general” shall survive the termination of the Cardholder Agreement and the Web Site Terms and Conditions.
The parties agree that any dispute arising in connection with these Web Site Terms and Conditions (excluding the Cardholder Agreement) or the performance of any party under these Web Site Terms and Conditions (excluding the Cardholder Agreement) or otherwise relating to these Web Site Terms and Conditions (excluding the Cardholder Agreement) shall be shall be referred to binding arbitration in Atlanta, Georgia, in accordance with the rules of the American Arbitration Association by one arbitrator. The arbitration shall be binding, final, not appealable, enforceable and in lieu of any right to sue or seek other arbitration in any court or tribunal. Notwithstanding the foregoing, either party shall be entitled to apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, permanent injunction or other equitable relief, without breach of this arbitration provision. Disputes arising under the Cardholder Agreement shall be governed by the Cardholder Agreement.
You acknowledge that any use or threatened use of the Web Site or Content in a manner inconsistent with the terms and conditions included in the Web Site Terms and Conditions, including the Cardholder Agreement, shall cause immediate irreparable harm to us for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that we shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. The parties agree and stipulate that we shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of US$1000 shall be sufficient. Nothing contained herein shall limit our right to any remedies at law, including without limitation the recovery of damages from you for breach of these Web Site Terms and Conditions, as applicable.
You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Web Site provided under these Terms and Conditions, either in whole or in part without the prior written consent of FirstView. FirstView shall have the right to assign these Terms and Conditions. Any attempt to assign these Terms and Conditions contrary to this Section will be void and have no effect.
All notices other than updates to your contact information that you may deliver to us pursuant to these Web Site Terms and Conditions shall be given in writing and shall be delivered either by hand, by the United States Postal Service, by nationally recognized courier or delivery service, or by facsimile (with confirmation copy delivered by one of the previous methods) addressed to us at the following address, unless an alternate address, physical or electronic, is provided by us for such specific purpose:
2778 Cumberland Pkwy Box 232
Smyrna, GA 30080
Attention: Chief Financial Officer
All such communications shall be deemed received by the receiving party upon the earlier of actual receipt or actual delivery. All notices permitted or required to be given to you may be delivered via email to an email address you provided to us or via any other method if sent to you based on the contact information you have submitted to us.