By browsing and using this website, you are agreeing to comply with and be bound by the following Terms and Conditions (“T & Cs”) of use which
TransCard Payments, LLC (“TransCard”, “company”, “our”, “we”, “us” or “our” as the context permits) includes our parent company, and their direct and indirect subsidiaries and affiliates, together with our and their employees, officers, directors, successors, and assigns is the owner of www.transcard.com (“the website” which includes all sub-pages thereof). You (“you”, “
These T & Cs may be changed at any time, without notice. Any such revision will be binding and effective immediately upon the posting of the revised T & Cs on our website. Your continued use of our website constitutes
The content of this website is for your general information use only. Both the content and functionality of this website is subject to change at any time without notice. Anything on our website may be out of date at any given time and it could include inaccuracies or typographical errors. We seek to ensure that information published on our website is accurate when posted, but we cannot be held liable for its accuracy or timeliness. You must not rely on information on the website and you acknowledge that you must take appropriate steps to verify this information before acting upon it.
You agree not to: (1) damage, interfere with or disrupt access to the website or do anything which may interrupt or impair its functionality; (2) monitor, gather or copy any content on this website by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind; (3) frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout); (4) engage in any activities through or in connection with this website that violates any right of any third party; (5) attempt to circumvent the security systems of the website; (6) attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any of our servers; and (7) attempt to use the website for any purposes other than those intended by us, as determined by us in our sole discretion.
You also agree that, in using this website, you will not impersonate any person or entity.
Any material transmitted to or through the website by a user shall be considered non- confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. We shall be free to use or copy all information provided by you in any such communications, including ideas, inventions, concepts, techniques, software or know-how disclosed therein, for any and all purposes.
We may store
Your browser should include settings that, among other things, notify you of receipt of a cookie, accept or deny all cookies or accept or deny cookies from specific websites. You may set your browser as you choose, but be aware that you may no longer be able to use all the possibilities and features of our website if you do not permit cookies from us.
We may keep server log files that include information such as your IP address, server IP address, operating system, browser, date and time, referring page and pages accessed. Whether you accept cookies or not, this information could be gathered and our use of this information is the same as for cookies.
The storage and transfer of your data through the internet are secured by means of the current usual techniques.
This website may provide links or references from or to other third party websites and are provided solely for your convenience. If you use these links, you leave our website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites, their content or availability. We
Any user may create links to this website on the basis that the user links to, but does not replicate, the home page of the website, and subject to the following conditions: (a)
you may not remove, distort or otherwise alter the size or appearance of our logo; (b) you do not create a frame or any other browser or border environment around the website; (c) you do not in any way imply that we are endorsing any products or services other than our own; (d) you do not misrepresent your relationship with us nor present any other false information about us; (e) you do not otherwise use any of our trademarks displayed on the website without express written permission from us; (f) you do not link from a website that is not owned by you; (g) you do not in way, in our sole discretion, disparage TransCard; and (h) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes. Unless otherwise indicated, all intellectual property rights in this website and all information provided on or via this website (whether in
The material on the Site is provided "as is", without any conditions, warranties or other terms of any kind.
You agree that we shall not be responsible or liable for any damages or injury of any kind (including but not limited to direct, indirect, incidental, statutory, punitive, special or consequential damages) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, including but not limited to viruses that may infect your computer equipment, property, software or data, any websites linked to or from the website, any material on such linked websites, or from your reliance on any information provided on or via this website.
We expressly disclaim any representations or warranties of any kind, whether express or implied, including but not limited to the accuracy, currency, completeness and/or the merchantability or fitness for a particular purpose of any information contained on or provided via this website and any product described or promoted on this website.
You hereby agree indemnify and hold us harmless from and against all actions, claims
If these T & Cs are or become partially void, the parties will continue to be bound by
Upon the election of either you or us, any Claims (as defined below), except for Claims filed in a small claims court, may be resolved by mandatory, binding arbitration (“Arbitration Provision”). The small claims court exclusion applies only so long as the dispute remains in the small claims court and is an individual (non-class, non- representative) Claim. If a Claim asserted in small claims court is transferred or appealed to a different court, either you or we may then elect mandatory, binding arbitration pursuant to this Arbitration Provision. This Arbitration Provision is made pursuant to a transaction involving interstate commerce and shall be governed by and enforceable under the Federal Arbitration Act (the FAA).
As used in this Arbitration Provision, the following terms have the following definitions. The word Claim means any claim, controversy, or dispute of any kind arising from or relating to the use of the website or any relationship arising from or related to the website. The word Claim includes, but is not limited to, any claim, controversy or dispute involving one or more of the following: (1) the formation, application, enforceability, or interpretation of this arbitration provision or other part of the T & Cs; and (2) any matters relating to the website including but not limited to the contents thereof, your use or reliance upon information contained therein, your use of the website, information you provide to us via the website and information we gather from your use of the website.
All Claims are subject to this Arbitration Provision, regardless of whether the Claim: (i) previously existed, is now existing (whether discovered or undiscovered) or arises later; (ii) is based on a theory of contract, tort (including intentional tort), negligence, agency or other vicarious liability, fraud, statute, regulation, constitution, or any other source of law or equity; (iii) seeks monetary
The party electing arbitration must use the arbitration administrator (“Administrator”) shown below and follow its rules and procedures, except as otherwise stated in this Arbitration Provision. Copies of its current rules, procedures, forms, and related information, including information about how to file a Claim, may be obtained by contacting the Administrator via the following methods of contact: (a) US Mail: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043; (b) Phone: 877-495-4185; (c) Fax: 877-304-8457; or (d) Email: email@example.com.
Except for the small claims court exclusion set forth above, either you or we may ask an appropriate court to compel arbitration, or stay litigation pending arbitration, of any Claim, even if the Claim is part of a lawsuit in court. A party who has asserted a Claim in a lawsuit may nevertheless elect mandatory arbitration with respect to any Claims subsequently asserted in that lawsuit by any other party. Delay in exercising these rights shall not waive such rights. Failure to exercise arbitration rights with respect to a particular Claim shall not waive your right or our right to demand arbitration of any other Claim. If the Administrator declines to administer a Claim in arbitration, then either party shall have the right to proceed with the Claim as a lawsuit in court, in which case the Class Action Waiver set forth below still applies.
You and we hereby knowingly and voluntarily (1) waive the right to proceed as part of any class action and (2) waive the right to a trial by
The parties to this Arbitration Provision acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is
A single arbitrator chosen by the Administrator will resolve Claims pursuant to the rules and procedures of the Administrator and this Arbitration Provision. This Arbitration Provision will govern in the event of
You and we will be responsible for paying the fees of the arbitrator and any administrative fees charged by the Administrator according to the rules and procedures of the Administrator. We will also pay or reimburse you for all or part of other arbitration
The arbitrator’s decision is final and binding on the parties, except for any right of appeal provided by the FAA. Costs will be allocated in the same way as costs are allocated in arbitration by a single arbitrator. A final and binding award is subject to judicial review only as provided by the FAA. An arbitration award will be enforceable under the FAA by any court having jurisdiction.
This Arbitration Provision shall
This website can be accessed from various countries around the world. As each of these countries has laws that may differ from those of the United States of America, by accessing this website you agree that the laws of the United States of America and those of the state of Tennessee shall apply to all matters arising from or relating to the use and contents of this website or information provided to you via this website. We make no representation that materials on this website are appropriate or available for use in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access this website outside the United States do so on their own initiative and are responsible for compliance with local laws to the extent they are applicable. The parties irrevocably consent to the exclusive personal jurisdiction of the federal and state courts located in Chattanooga, Tennessee, as applicable, for any matter arising out of or relating to these T & Cs, except that TransCard may bring any such action necessary to enforce these T & Cs in any court with proper jurisdiction.
Should you have questions or comments, you may contact us in writing