إخلاء المسئولية القانونية Legal Disclaimer

The Translation

Inc. disclaims liability for losses suffered by Cardholders due to ,.........

a.) failure to complete a transaction because of inadequate funding of the Card at time of fund transfer
b.) failure of an electronic terminal to operate properly at time of transaction
c.) failure to complete a transaction because of circumstances beyond normal control-such as communication interruptions, computer problems, fire, flood, and other acts of God beyond the control of __ Inc.-------despite application of our best efforts
d.) refusal of merchants to accept the Card in any particular transaction
e.) a Cardholder's account being frozen as the result of that Card being reported lost or stolen by the properly identified Cardholder
g.) a hold or freeze being put on a Cardholder's account for any legitimate reason
f.) funds that are subject to legal process or any other encumbrance that restricts the transfer of such funds, and/or if authorization of transfer in question terminates by operation of law
h.) all failures in the transfer of funds due totally or in part to misinformation, deliberate or otherwise, or fraudulent acts of a Cardholder in providing essential information relative to registration for and/or use of the Card and
i.) all other similar applicable exceptions not listed above but stated elsewhere in this agreement and other agreements with Cardholders



Warranties



Inc. provides all services, as stated in applicable agreements with Cardholders and/or Merchants, on an "as is" or "as available" basis and disclaims all warranties of any kind, express, implied, or statutory, arising from or related to this Agreement, the __, Inc. website, __, Inc. services aforementioned in this agreement; this includes, but is not limited to, any warranty of quality, suitability, merchantability, suitability for any particular purpose, accuracy of information, and any warranty with respect to the absence of patent, copyright, or trademark infringement; that Cardholders and/or Merchants expressly agree to and understand that the use of and/or acceptance of the __ Card is solely at their own riskNotwithstanding anything to the contrary, __, Inc., its employees, officers, directors, affiliates, and/or third party providers of services described within this and other agreements with Cardholders and/or Merchants, are not parties to nor responsible in any way whatsoever for any such underlying transactions for which __ services are provided; therefore, __, Inc., its employees, officers, directors, affiliates, and third party service providers, disclaim any and all responsibility relative to unavailability of the website or services provided by or requested of __, Inc.; that this disclaimer of responsibility encompasses such unforeseen occurrences as viruses caused by third parties that affect the website itself or services normally provided by __, Inc., errors on the website or associated with services provided, or with information provided by third parties( including, but not limited to, misinformation contained within emails, hard copy, and/or telephonic communications made by Cardholders and/or to __, Inc. and/or its Customer Care Section); and that this disclaimer shall extend to damage or losses caused by, directly or indirectly, accidentally or deliberately, unauthorized use of or interception of data relating to the Cardholder, the __ website, and/or __, Inc. services whether arising by misinformation provided by the Cardholder, or by any other means not contemplated at the time of this agreement

Violation of Rules and Regulation

__, Inc. reserves the right to seek all available remedies available at law and equity for violations of this agreement and other such agreements, which exist or may arise between Cardholders and __, Inc., and/or merchants whether arising inadvertently or deliberately

Indemnification

Cardholders and/or Merchants agree to fully indemnify, defend and hold harmless __, Inc., its employees, officers, directors, affiliates, and third party service providers (collectively, the "indemnified parties") from and against any and all losses, damages, liabilities, all claims and fees, costs, and expenses of any kind associated totally or in part (including, but not exclusively, reasonable attorney fees and other associated costs) incurred by the indemnified parties with respect to and in connection with any claim whatsoever arising out of, based upon, or resulting from in any manner whatsoever a.) the Cardholder's and/or Merchants use or misuse of the __, Inc. site or its services, b.) violation of any part of this agreement, including but not limited to deliberate or inadvertent providing of misinformation at time of registration or in the course of receiving services, and/or c.) any action taken by a Cardholder and/or merchant with intent to commit a fraudulent act or which causes, in any manner whatsoever, actions taken and services provided which are contrary to federal/state law. __, Inc. reserves the right to assume exclusive defense and control over any matter arising subject to indemnification by Cardholders and/or Merchants, at its own expense; Cardholders may not settle any such associated matter without the written consent of __, Inc

Copyright and Trademarks

Inc., its web site and services, the content thereof, and all intellectual property attaching to same and contained therein ( including but not limited to all copyrights, patents, database rights, trademarks, and service marks) are solely owned by __, Inc. or third parties. All rights, titles, and interest therein are and shall remain the property of __, Inc. and/or any such third parties. The __, Inc. web site and services may be used only for the purposes stated within this agreement and are permitted by the agreement and/or are specified on the __, Inc. site. Cardholders and/or Merchants are authorized solely to view and retain a copy of the pages of the __, Inc. site for their own personal use but may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of such, post on the World Wide Web, or in any way distribute or exploit the __, Inc. website, services, or of any portion thereof for any public or commercial purpose without the express permission and consent of __, Inc. Except as agreed upon by the parties to the agreement, removal or alteration of the copyright, trademark, or other proprietary notice or legend displayed on the __, Inc. site( or printed pages thereof) is strictly prohibited. The name __ and other names and indicia of ownership of __ products and/or services described within this agreement are exclusive marks and property of __, Inc. Similarly, other products, services and company names mentioned on the site or within agreements between __, Inc. and its Cardholders and/or Merchants may be trademarks of their respective owners

Right to Terminate

Inc. reserves the right to refuse service to and/or may terminate the agreement to provide service to a Cardholder and/or Merchant for any reason or cause that adversely affects its business interests

Severability

In the event that any stated provision of the Cardholder Agreement and/or the Merchant Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such defect in that one provision shall not affect the other provisions of the agreements or the validity and/or enforceability of the agreement itself

Governing Law

This agreement shall be governed by, and fully construed in accordance with applicable Federal law and the laws of the State of __. Any action or proceeding taken by __, Inc. or any of its Cardholders with respect to any provision of this agreement, with the agreement itself, or with services described within this agreement, shall be brought exclusively before a federal or state court in the District of __

In order to become a __ Cardholder, you authorize __, Inc. to check the accuracy of the personal information you have provided to us. You understand that in order to verify your personal information, __ may disclose your personal information to third parties and such third parties may provide verification of such personal information to __ from information they have previously collected about you