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USER
AGREEMENT FOR USE OF TreasureCard™ SERVICE
This
Agreement applies to your use of TreasureCard's™ payment
and remittance service and any related products and services
(collectively the "Service"). This Agreement affects your
rights and you should read it carefully.
In
this Agreement, "you" or "your" means any person or entity
using the Service ("Users"). Unless otherwise stated, "TreasureCard"
will refer collectively to TreasureCard, TreasureCom Inc.
and their respective parent or subsidiary companies, affiliates,
officers, employees and agents.
By
checking the consent box on the account signup page, you represent
that you understand and accept the terms and conditions of
this Agreement. We may amend this Agreement at any time by
posting the amended terms to our site, and your continued
use of the Service will constitute acceptance of the amended
terms. This Agreement was last modified on March 10th, 2001.
I.
User Responsibilities
1.
Eligibility. In order to use the Service, you must register
for an account. You agree that you will register for and
maintain no more than one account. TreasureCard reserves
the right to terminate duplicate accounts. You must be at
least 16 years of age to register for an account. If you
are under the age of 18, you hereby represent that you are
using the service with the consent of your parent or guardian.
2.
No Multiple Accounts. Should you register for more than
one account, TreasureCard reserves the right to terminate
all of your accounts and will restrict you from the system
going forward. Users may register and hold only one account.
3.
Registration Information. You agree to provide true,
accurate and complete registration information and to maintain
and promptly update your information as applicable. You
agree not to impersonate any person or use a name that you
are not authorized to use. If any information you provide
is untrue, inaccurate, not current, or incomplete, without
limiting other remedies, TreasureCard has the right to
terminate your use of the Service and TreasureCard, its
agents, suppliers, and subcontractors have the right to
recover from you any costs or losses incurred as a direct
or indirect result of the inaccurate or incomplete information.
You authorize TreasureCard and its agents, suppliers and
subcontractors to make any inquiries they consider necessary
to validate your registration.
4.
Credit Card Transfer Limit. Personal Accounts are limited
to transferring from a credit card to a TreasureCardTM $100
per month of credit card Transfers. Payments funded from
the sender's checking account or TreasureCard account balance
will not count against the Transfer's limit. Payments funded
wholly or partially by a credit card are classified as credit
card payments in the TreasureCard system.
5.
TreasureCard Transfer Limit. Transfers made from a TreasureCard
are subject only to the availability of funds on the specific
denominated TreasureCard to you the user is transferring
funds from.
6.
TreasureCard. In no way and under no circumstances will
TreasureCard and or its affiliates and or holding company
accept liability for a lost or stolen TreasureCard or use
by someone else. A TreasureCard is a prepaid debit card
and of such is a direct cash instrument. If after purchasing
a TreasureCard your card is lost or stolen and or used by
someone else other than you, TreasureCard, and or its affiliates
and or its holding company will not provide a refund. TreasureCard
will only provide refunds if and only if it fails to provide
the services to which the card maybe used.
7.
Receipt of Money Transfers. Risk of Reversal of Transactions;
Collection of Funds you owe TreasureCard. When you receive
a money transfer through the Service, unless you follow
the steps necessary to qualify for our Remitter/Seller Protection
Policy described in Part IV of this User Agreement, you
are not protected against a subsequent reversal of the transaction.
In the event that the sender's transaction is reversed for
any reason and you do not qualify for the Remitter/Seller
Protection Policy for that transaction, you will owe TreasureCard
for the amount of the reversed transaction plus any fees
imposed on TreasureCard as a result of the reversal. Examples
of such a reversal include, but are not limited to, a credit
card charge-back by the sender of the transfer, and a reversal
of the transaction because the sender of the transfer was
using a stolen credit card or unauthorized checking account.
TreasureCard will seek to recover the funds from you by
debiting your TreasureCard and or TreasureCard balance
and, if there are not sufficient funds in your TreasureCard
and or TreasureCard balance, TreasureCard reserves the
right to collect your debt to TreasureCard by any other
legal means. You authorize TreasureCard to charge your
credit card or debit card in the amount of any debt to TreasureCard.
You authorize TreasureCard to obtain a credit report on
you in the event that you incur a debt to TreasureCard.
8.
Confirmation of Credit and Debit Cards. TreasureCard
requires all users to complete a confirmation process before
their credit and debit cards are available for use in their
TreasureCard account.
9.
Electronic Transfers. When you make a payment funded
by Instant Transfer or eCheck, you are requesting an electronic
transfer from your checking account. Upon your request,
TreasureCard will make electronic transfers via the Automated
Clearing House (ACH) system to and from your U.S. checking
account in the amount you specify. You agree that such requests
constitute authorization for such transfers. If you request
an electronic transfer from your checking account, you also
authorize TreasureCard to confirm your control of your
checking account by making two small deposits to your checking
account at TreasureCard's own expense. Your checking account
and your TreasureCard account will be considered verified
once you correctly enter the deposit amounts on the TreasureCard
website. Support for international checking accounts is
coming soon.
TreasureCard
will never make electronic transfers from your checking
account without your explicit permission. Furthermore, TreasureCard
provides you unlimited protection against unauthorized withdrawals
from your checking account.
You
may be charged a service fee for any ACH transactions that
result in a returned ACH, such as but not limited to those
caused by insufficient funds, closure of you bank account,
or if the bank account number or other information you provided
is incorrect. Currently, International users are charged
$30USD per returned ACH.
10.
No Cash Advances. You agree not to engage in behavior
that could reasonably be construed as providing yourself
a cash advance from your credit card, and agree not to assist
users who engage in behavior that could reasonably be construed
as providing themselves a cash advance from their credit
cards. Such behavior includes, but is not limited to, a
User paying someone by charging a credit card, then receiving
the funds back from the original Recipient and attempting
to withdraw the funds from an account. TreasureCard reserves
the right to reverse all such transactions and to terminate
any accounts that are associated with such behavior.
11.
Correct E-mail. For eCheck transfers you agree that
you have access to the Internet and to a current e-mail
address. You have sole responsibility for providing TreasureCard
with a correct and operational e-mail address. TreasureCard
will not be liable for any undelivered e-mail communications
or any costs you incur for maintaining Internet access and
an e-mail account. You must promptly notify TreasureCard
of any change in your e-mail or postal mailing address.
If you do not have a valid email address you may apply for
a free one at TreasureCard.
12.
Electronic Communications. To the fullest extent permitted
by applicable law, this Agreement and any other agreements,
notices or other communications regarding your account and/or
your use of the Service ("Communications"), may be provided
to you electronically and you agree to receive Communications
in an electronic form. Electronic Communications may be
posted on the pages within the TreasureCard website and/or
delivered to your e-mail address. You will print a copy
of any Communications and retain it for your records. All
Communications in either electronic or paper format will
be considered to be in "writing," and to have been received
no later than five (5) business days after posting or dissemination,
whether or not you have received or retrieved the Communication.
TreasureCard reserves the right but assumes no obligation
to provide Communications in paper format. Your consent
to receive Communications electronically is valid until
you revoke your consent by notifying TreasureCard of your
decision to do so, by sending an email message to help@TreasureCard.com
or by telephoning customer service. If you revoke your consent
to receive Communications electronically, TreasureCard
may terminate your right to use the Service.
13.
No Spam. You agree not to use unsolicited email, Usenet,
message board postings, or similar methods of mass messaging
(Spam) to gather referral bonuses. The use of Spam to promote
the Service has strict negative consequences. We will immediately
and permanently terminate the account of any User who has
used unsolicited email to gain referrals. In addition, you
may be subject to state and federal penalties and other
legal consequences under applicable law if you send unsolicited
email. Our Anti-Spam Policy is intended to protect our users,
the Internet, and us.
14.
Privacy. View our Privacy Policy. You agree that you
have had an opportunity to review, download or print our
Privacy Policy. You consent to have your name, email address,
date of sign-up, and whether you have verified (or not verified)
an account at another financial institution made available
as identification to anyone whom you have paid or who is
attempting to pay you through the TreasureCard service.
15.
Handheld Devices. In the event of the loss or malfunction
of your handheld device, payments made since your last connection
to the TreasureCard server may be lost, and TreasureCard
Corp. disclaims all liability for such loss.
16.
Not a Bank. You acknowledge that (i) the Service is
not a banking service (ii) Service accounts are not insured
by any government agency of any nation, (iii) the Service
is not subject to banking regulations and (iv) TreasureCard
will invest in liquid assets and that interest earned on
those assets will be the property of TreasureCard.
17.
Escheat. If you do not access your account for a period
of five years, it will be terminated. After the date of
termination, you will have 90 days to redeem your account
balance, after which it will be subject to applicable state
laws regarding escheat of unclaimed property.
18.
Passwords. You may not divulge your account password(s)
to anyone else, nor may you use anyone else's password.
TreasureCard is not responsible for losses incurred by
Users as the result of their misuse of passwords.
19.
Close Account. You may close your account at any time,
provided all applicable fees for services and account management
have been paid in full. Upon closure of an account, any
monies remaining in the account, less any applicable fees,
will be immediately and automatically paid in full. You
will remain liable for all obligations related to the account
even after such account is closed.
20.
Hacking. If you use, or attempt to use the Service for
other purposes including but not limited to tampering, hacking,
modifying or otherwise corrupting the security or functionality
of Service, your account will be terminated and you will
be subject to damages and other penalties, including criminal
prosecution where available.
21.
Assignability. You may not transfer any rights or obligations
you may have under this Agreement without the prior written
consent of TreasureCard. TreasureCard reserves the right
to transfer any right or obligation under this Agreement
without your consent.
22.
Indemnification. You agree to indemnify and hold TreasureCard,
its affiliates, officers, directors and employees harmless
from any claim, action, demand, loss, or damages (including
attorneys' fees) made or incurred by any third party arising
out of or relating to your use of the Service.
23.
Choice of Law. This Agreement is governed by the laws
of the state of Florida, U.S.A as such laws are applied
to agreements entered into and to be performed entirely
within Florida by Florida residents.
24.
Arbitration. Any controversy or claim arising out of
or relating to this Agreement or the provision of Services
shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in West Palm Beach,
Florida, and judgment on the arbitration award may be entered
in any court having jurisdiction thereof. Either you or
TreasureCard may seek any interim or preliminary relief
from a court of competent jurisdiction in West Palm Beach,
Florida necessary to protect the rights or property of you
or TreasureCard Corp. (or its agents, suppliers, and subcontractors)
pending the completion of arbitration.
II.
Rights and Disclaimers of TreasureCard
1.
Processing. TreasureCard shall make reasonable efforts
to ensure that requests for electronic debits and credits
involving checking accounts, credit or debit cards (including
TreasureCards), and check issuances are processed in a timely
manner. However, a number of factors, several of which are
outside of our control, will contribute to when the funds
are received. We make no representations or warranties regarding
the amount of time needed to complete processing, such as
delays in the banking system or the U.S. or international
mail service, nor shall we be liable for any actual or consequential
damages arising from any claim of delay.
2.
Miscellaneous Disclaimers.
(a)
TreasureCard reserves the right to hold funds beyond the
normal distribution periods for transactions it deems suspicious
to ensure integrity of the funds.
(b)
TreasureCard shall not be responsible for payments made
to unintended Recipients due to the input of incorrect information
by Senders or for payments made in incorrect amounts. TreasureCard
shall not be responsible for the verification of the identity
of Users.
(c)
TreasureCard shall not be responsible for any information
lost due to malfunction or loss of a handheld device.
(d)
TreasureCard shall not be obligated to pay a User for any
Payments for which TreasureCard has not been fully paid
by the Sender's credit card issuer.
(e)
TreasureCard will not have any liability in connection
with any unauthorized interception or use of data relating
to you or the TreasureCard service; any inability to use
or access the service or the TreasureCard website for any
reason; any actions or transactions by an individual that
uses your user name and password; or any cause over which
TreasureCard does not have direct control, including problems
attributable to computer hardware or software (including
computer viruses), telephone or other communications, or
Internet service providers.
(f)
In no event shall TreasureCard be liable (A) for damages
caused other than by intentional misconduct or (B) for any
indirect, special, incidental, consequential or punitive
damages whatsoever (including, but not limited to, damages
for lost profits, disclosure of confidential information,
or loss of privacy), arising out of or in any way related
to the use of or inability to use business service or the
TreasureCard website or any of the associated services,
even if TreasureCard has been advised of the possibility
of such damages. In no event shall TreasureCard be liable
for any act or omission of any third party (such as, for
example, any provider of telecommunications services, internet
access or computer equipment or software) or any circumstances
beyond our control (such as, for example, a fire, flood,
or other natural disaster, war, riot, strike, act of civil
or military authority, equipment failure, computer virus,
or failure or interruption of electrical, telecommunications
or other utility services).
3.
Restrictions. TreasureCard.com, at its sole discretion,
reserves the right to restrict an account for any one of
the events listed below. If your account is restricted,
you may forfeit all funds currently in your balance.
1.
Reports of unauthorized or unusual credit/debit card (including
TreasureCard) use associated with the account including,
but not limited to, notice by the card issuing bank.
2.
Reports of unauthorized or unusual checking account use
associated with the account.
3.
Complaints received regarding non-shipment of merchandise,
merchandise not as described, or problems with merchandise
shipped
4.
Initiation of a chargeback process through your issuing
bank.
5.
Receipt of potentially fraudulent funds
6. Unconfirmed identity
7. Initiation of transactions considered to be cash advances
or assisting in cash advances
8. Sending unsolicited, commercial email or posting referral
links on websites where they are not permitted
9. Opening multiple Personal accounts
10. The account has been used in or to facilitate fraudulent
activity
11. Inability of United States Postal Service to deliver
the street address confirmation letter to the address
associated with the account
12. Reports of someone other than the intended recipient
receiving the Street Address Confirmation letter in the
mail
13. Name on the checking account associated with the TreasureCard
account does not match the name on the TreasureCard account
14. Insufficient funds in the TreasureCard account to
cover the return of an Electronic Funds Transfer for insufficient
funds in the checking account, incorrect bank routing
number, or incorrect checking account number
15. Insufficient funds in the TreasureCard account to
cover the return of a check sent in for deposit.
16. Use of an anonymizing proxy.
4.
Termination. TreasureCard, in its sole discretion,
reserves the right to terminate this Agreement, access to
its website, or access to Service without notice for any
reason and at any time.
5.
Trademarks. TreasureCard.com, TreasureCard and all
related logos, products and services described in this website
are either trademarks or registered trademarks of TreasureCard,
or their licensors, and (aside from "Use of Logos" below)
may not be copied, imitated or used, in whole or in part,
without the prior written permission of TreasureCard. In
addition, all page headers, custom graphics, button icons,
and scripts are service marks, trademarks, and/or trade
dress of TreasureCard and may not be copied, imitated,
or used, in whole or in part, without the prior written
permission of TreasureCard. Use of Logos. Notwithstanding
the above, HTML logos provided by TreasureCard through
its Affiliate Program, Web Accept feature, or Auctions Tools
features ("Logos"), may be used without prior written consent
for the purpose of directing web traffic to the Service.
These Logos may not be altered, modified, or changed in
any way, or used in a manner that is disparaging to TreasureCard
or the TreasureCard service. Logos may not be displayed
in any manner that implies sponsorship or endorsement by
TreasureCard. TreasureCard is a payment service, and no
agency, partnership, joint venture, employee-employer or
franchiser-franchisee relationship is intended or created
by this Agreement.
III.
Customer Liability and Error Resolution
1.
It is very important that you contact us at once if you
believe your user ID or password has been compromised, or
if someone has transferred or may transfer money from your
account without your permission. Under applicable banking
regulations, the extent of your liability for an unauthorized
transaction is largely determined by your promptness in
notifying us or your bank if someone has gained access to
your password, or if a transfer or withdrawal in your monthly
statement is incorrect or unauthorized. Notifying us quickly
limits your liability:
a)
If you notify us within two business days after you learn
that your password or other means to access your account
may have become known by an unauthorized person, you can
lose no more than $50.00 if an unauthorized person uses
your password or other means to access your account without
your permission to initiate a transaction. If you do not
notify us within two business days, and we can prove that
we could have stopped someone from using your password or
other means to access your account without your permission
if you had told us, you could be liable for as much as $500.00.
b)
We will periodically email you a notice to inspect your
transaction history online. If your transaction history
shows electronic funds transfers that you did not make or
authorize, notify us at once. If you do not notify us within
60 days after receiving notice, you may not recover any
money you lose after the 60 days if we can prove that we
could have stopped someone from taking the money if you
had notified us in time. If a good reason (such as a long
trip or hospital stay) kept you from notifying us, we may
extend the time periods.
c) In case of unauthorized transactions, payment problems,
errors or questions about your account, you should notify
TreasureCard through application messaging or e-mail. You
must:
1) Tell us your name and primary email address;
2) Describe the error or the transaction you are unsure
about, and explain as clearly as you can why you believe
it is an error or why you need more information; and,
3) Tell us the dollar amount of the suspected error. If
you tell us by telephone, we may require that you send your
complaint in writing within ten (10) business days. We will
tell you the results of our investigation within ten (10)
business days after we hear from you, and will correct any
error promptly. If we need more time, however, we may take
up to forty-five (45) calendar days to investigate the complaint
or question. If we decide to do this, we will provisionally
credit your transaction account within ten (10) business
days for the amount you think is in error, so that you may
have the use of the money during the time it takes us to
complete our investigation. If we ask you to put your complaint
or question in writing and we do not receive it within ten
(10) business days, we may not provisionally credit your
transaction account. If we determine there was no error,
we will mail you a written explanation within three (3)
business days after we finish the investigation. You may
ask for copies of documents which we used in our investigation.
We may revoke any provisional credit provided to you if
we find that an error did not occur.
IV. Consumer Protection Policies
1.
In general. TreasureCard's consumer fraud protection
policies as defined below are designed to reduce fraud by
encouraging users of the Service to become Verified, to
help buyers recover from sellers who do not ship the promised
goods, and to reduce the risk of charge-backs for sellers
who follow specified risk-reduction procedures. A Verified
User is a registered user of the Service who maintains a
confirmed checking account on the TreasureCard website,
thereby providing TreasureCard with proof that he or she
holds ownership of an account at a bank or other financial
institution. TreasureCard considers this verification process
a secure and easy way to gain additional proof of a User's
identity without asking for additional items of sensitive
personal information during the registration process. This
process, in conjunction with our other proprietary authentication
methods, lowers our company's financial risk and allows
us to provide the Buyer and Seller Protection Policies listed
below. Because the verification process is not available
for non-US residents, the Buyer and Seller Protection policies
cover only U.S. residents.
2.
Buyer Protection Policy. If you pay a seller who does
not ship the promised goods, you should first contact the
seller and attempt to resolve the dispute directly with
the seller. You should also file a Fraud Report with TreasureCard
as soon as possible if you suspect that fraud is involved.
For instructions on how to file a Fraud Report, please contact
Customer Service through the TreasureCard Website or by
e-mail at service@TreasureCard.com. If you are not able
to resolve the dispute directly with the seller, and the
seller is a Verified User, you may file a buyer protection
claim under TreasureCard's Buyer Protection Policy, as
described below. This Policy does not apply to disputes
about the quality or attributes of delivered goods, goods
that have been lost in the mail as shown by seller's presentation
of proof of shipment, payments for services, payments to
Unverified sellers, or a seller's failure to deliver intangible
goods. In order to be eligible for the Buyer Protection
Policy, you must have paid for the undelivered goods with
a single payment from a single TreasureCard account. The
seller's Verification status will be displayed to you on
the TreasureCard website when you confirm the details of
your transaction, giving you the opportunity to cancel the
transaction prior to sending payment if you do not want
to pay an Unverified seller.
B.
Transactions on or after November 10, 2000
i.
All Transactions If after contacting the seller you are
unable to resolve the dispute and the seller has not shipped
the goods, and if you have filed a Fraud Report no later
than 30 days after the purchase transaction, you may file
a Claim with TreasureCard. In order to file a Claim, you
must be a Verified User at the time of filing. TreasureCard
will investigate your claim, contact the seller and, if
the seller does not present appropriate proof of shipment,
a full refund or other evidence of a satisfactory resolution,
TreasureCard will restrict the seller's account and seek
to collect the amount you paid from the seller. You and
other buyers who file claims against the same seller will
be entitled to the return of any and all funds TreasureCard
is able to collect from the seller, on a first-come, first-served
basis. Recovery of your claim is not guaranteed.
Claims
must be filed not earlier than 30 days after the date of
payment, and not later than 60 days from the date of payment.
To obtain instructions on how to file a claim, please log
in to your account and click on the "Help" button at the
top of the page. Then click on "Contact Customer Service"
and choose the "Buyer Protection Claim" selection from the
drop-down menu. You will receive an automatic response containing
the instructions for filing a claim by e-mail. TreasureCard
will seek to resolve the complaint within 30 days from the
date the claim is filed, though such time frame may be extended
to accommodate the investigation.
3.
Seller Protection Policy. Beginning August 23, 2000,
TreasureCard agrees to indemnify sellers of physical goods
for chargeback liability resulting from a buyer's fraudulent
use of a stolen credit card and/or false claims of non-shipment
of goods for purchases made through the Service for payments
received through TreasureCard of up to $5,000 per year
when the following conditions are met:
1.
The seller is a Verified Business or Verified Premier
Account (U.S.).
2. The seller ships to the buyer's Verified Shipping Address.
3. The seller can provide reasonable proof-of-shipment
which can be tracked online. This documentation must show
that you shipped to the Verified Shipping Address. (Most
U.S. carrier companies offer this service, including the
U.S. Postal Service.) Because comparable proof-of-shipment
is not currently available for electronically delivered
items, we are currently unable to offer Seller Protection
for digital goods and other electronically delivered items.
4. The seller accepted a single payment from only one
TreasureCard account for the purchase. (Multiple payments
from different accounts for a single item are a fraud
indicator. Sellers should not accept such payments.)
5. The seller ships to a domestic (U.S.) buyer at a U.S.
address.
When
you receive funds through TreasureCard, if the sender's
transaction is reversed for any reason and you do not qualify
for the Seller Protection Policy for that transaction, you
will owe TreasureCard for the amount of the reversed transaction
plus any fees imposed on TreasureCard as a result of the
reversal. You agree to reimburse TreasureCard from either
your TreasureCard account or by other means. Although TreasureCard
will vigorously pursue debt collection of any amounts owed
to it, TreasureCard will never make electronic transfers
from your checking account without your explicit permission.
TreasureCard
prompts buyers to provide sellers with a Verified Shipping
Address when making a purchase. Shipping to this address
minimizes the risk of being paid by a fraudulent buyer.
If no Verified Shipping Address is given by the buyer, the
seller must either refuse the payment and ask that the buyer
show their billing address, or accept the chargeback risk
in shipping the item outside of this Seller Protection Policy.
Tools for Premier and Business Accounts to screen out payments
where the buyer chooses not to share his Verified Shipping
Address can be found on the Preferences page in the Profile
subtab under the My Account tab.
4.
Credit Card Transactions: The Buyer Protection Policy
does not obviate any other consumer rights Users may have,
including chargeback rights that may be granted by a User's
credit card issuer. TreasureCard is the merchant of record
with respect to all credit card transactions through the
TreasureCard service to purchase goods or service. As such,
we afford customers the rights and privileges expected of
a credit card transaction. You acknowledge that TreasureCard
does not control the outcome of any chargeback decision
initiated through a customer's credit card issuing bank.
TreasureCard
encourages all buyer purchase disputes to be filed and resolved
through the TreasureCard dispute resolution process, and
reserves the right to terminate or restrict account privileges
of buyers who file chargeback complaints without attempting
to resolve the complaints through TreasureCard. If a chargeback
claim is initiated, whether as a result of a dispute or
for any other reason, the parties agree to provide to any
requesting party on a timely basis any and all necessary
documentation to resolve any chargeback or dispute. TreasureCard
DOES NOT act as the agent of either party in any transaction
or resulting dispute, though TreasureCard does control
the outcome of disputes initiated through the Service's
dispute resolution process.
If
you receive funds through a TreasureCard transaction funded
with the sender's credit card, in the event the credit card
transaction is charged back and you do not qualify for the
Seller Protection Policy, you agree to hold TreasureCard
harmless for the chargeback amount and to reimburse TreasureCard
from either your TreasureCard account or by other means.
Although TreasureCard will vigorously pursue debt collection
of any amounts owed to it, TreasureCard will never make
electronic transfers from your checking account without
your explicit permission.
5.
Termination. Excessive disputes or chargebacks by you,
multiple complaints or claims to TreasureCard by other
Users against you, failure to respond to reasonable requests
for information or other abuses of the Service are, without
limitation, grounds for restricting your account and/or
terminating your right to use the Service.
V.
Additional Terms of Use for Business and Premier Accounts
The
terms below apply specifically to use of Premier and Business
Accounts through the Service and any related products and
services (collectively, the "Premier/Business Service").
1.
Account Information. In addition to the terms listed
above, you further agree that TreasureCard may access and
disclose information about you or your use of the Premier/Business
Service when TreasureCard deems necessary or appropriate
to comply with the law or legal process, to protect TreasureCard's
systems and customers, or to ensure the integrity and operation
of TreasureCard's business and systems. Unless otherwise
prohibited by law, such disclosure may include, without
limitation, user profile information (e.g., name, e-mail
address, etc.), transaction information, IP address and
traffic information, and usage history.
2.
Contact and Refund Information. Each user of the Premier/Business
Service will be required to input its customer service contact
information into the Premier/Business Account application
upon registration. You agree to clearly identify your customer
service contact information, including but not limited to
your business name, address, telephone number, fax number
and e-mail address. You further agree to update such information
to keep it true, accurate, current, and complete.
3.
Taxes. Each user of the Business Service is required
to provide its Tax Identification Number (TIN) upon request.
It is your responsibility to determine what, if any, taxes
apply to the payments you make or receive and to collect,
report and remit the correct tax to the appropriate tax
authority. TreasureCard is not obligated to determine whether
taxes apply, and is not responsible to collect, report,
or remit any taxes arising from any transaction.
4.
Security Features. TreasureCard strongly suggests that
you use a web browser with 128-bit encryption. Regardless
of whether you use a web browser with security features,
TreasureCard is unable to ensure that data transmitted
via the Premier/Business Service is secure and/or will not
be intercepted by third parties.
5.
Account Use. By accepting the terms as outlined in this
Agreement and using your Premier or Business Account, you
attest that you hold all the necessary licenses to engage
in the advertising and sale of the goods and services offered
for sale or use through your Premier or Business Account,
and that you do not provide unlawful or illicit products
or services. You will not use the Business Service, the
website or any of the services offered therein for any unlawful,
fraudulent or improper activity. If TreasureCard has reason
to believe that you may be engaging in or have engaged in
fraudulent, unlawful, or improper activity, including without
limitation any violation of any terms and conditions relating
to the Premier/Business Service, the website or any related
services, your access to the website and any services contained
therein may be suspended or terminated. You will cooperate
fully with TreasureCard to investigate any suspected unlawful,
fraudulent or improper activity.
6.
Fees. TreasureCard's current Fee Schedule for using
the Premier/Business Service is posted on the website. Unless
otherwise stated, all fees quoted are in U.S. dollars. Users
are responsible for paying all fees associated with the
use of their Premier or Business Accounts and the Premier/Business
Service.
VI.
Additional Terms of Use for TreasureCard Shops
The
terms below apply specifically to use of the Website Registration
feature, which enables TreasureCard users to display information
about their website to other TreasureCard users utilizing
the www.TreasureCard.com website.
1.
Accuracy of website registration information. All information
you provide at the time of TreasureCard Shops registration
must be truthful, including the website's title, description,
category, and all other requested information. If any change
occurs in your TreasureCard Shops registration information,
you must promptly update the information through the TreasureCard
website. Failure to comply will result in removal of any
mention of your website from the TreasureCard website,
and may result in permanent ineligibility from registering
a website with TreasureCard. Provision of deceptive information
may result in the locking or closing of your TreasureCard
account. You grant TreasureCard the right to access your
site through manual observation or automated "spidering"
in order to monitor the accuracy of your registration information.
TreasureCard is under no obligation to monitor the accuracy
of your site.
2.
Eligibility. Any Verified premier or business account
user with a registered credit card who has opened a TreasureCard
Money Market Reserve Fund account and is not banned from
the TreasureCard service is eligible to register a website
in TreasureCard Shops. If at any time the owner of a registered
Shop removes information necessary for verification of his
or her TreasureCard account, that website will cease to
be registered with TreasureCard and displayed to its users.
By registering, you grant TreasureCard the right to run
a credit check on you or your business at any time. TreasureCard
reserves the right to remove the listing of any website
from the TreasureCard Shops directory for any reason and
at any time.
3.
License to Use Your Information. By providing Website
registration information to TreasureCard, you grant TreasureCard
a non-exclusive, worldwide, perpetual, royalty-free license
to copy, publish and display the information on the TreasureCard
website or in e-mail messages related to your TreasureCard
transactions. This license will terminate upon closing or
termination of your TreasureCard account.
4.
No Endorsement. TreasureCard's presentation of website
registration information is not an endorsement of the website
or of any goods or services offered on the website. Any
attempt to state or imply TreasureCard's endorsement of
your goods or services constitutes grounds for immediate
termination of your participation in the website registration
program.
5.
No Illegal Websites or Websites which violate the TreasureCard
Shops Allowable Goods and Services Guidebook. You may
not register a website that promotes or facilitates illegal
actions, including but not limited to the sale of goods
or services that infringe on the intellectual property of
a third party. You also may not register a website that
violates the rules outlined in the TreasureCard Shops Allowable
Goods and Services Guidebook (available soon). Any such
registration constitutes ground for immediate termination
of your participation in the website registration program
and immediate closure of your TreasureCard account.
6.
Shopping at Websites Registered with TreasureCard.
Website registration information is provided by the owner
of the website, and TreasureCard is not responsible for
any errors or misrepresentations in such information. TreasureCard
specifically disclaims all warranties with respect to website
registration information, including but not limited to the
warranty of merchantability and the warranty of accuracy
of informational content. TreasureCard does not guarantee
any level of security in shopping at third-party websites
registered with TreasureCard, nor does TreasureCard guarantee
the quality of goods or services offered on these websites.
For more information on security in Web shopping, please
visit our Security Tips page.
7.
Fees. Placement in TreasureCard Shops is currently
free. Fees may be introduced in the future, but no changes
will be made without first notifying you.
This
Agreement is subject to change at any time without prior notice,
by posting of the revised agreement on the TreasureCard website
and you may review the current terms of use prior to initiating
a transaction at any time at our Terms of Use page
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