This agreement was last modified on September 5, 2013.
This Agreement will remain in full force and effect from the time and date of your account creation until your account is terminated. Accounts may be terminated by either party pursuant to terms contained within this Agreement.
In order to use this Service, you must have reached the age of majority. Under the Governing Laws of this Agreement, this age is eighteen (18) years of age. This restriction notwithstanding, in your geographic area there may be a higher age of majority, in which case this would the required age for creating an account on our Website. You must further possess the legal ability and right to enter into this Agreement and use our Website. You are not permitted to use our Service in any unlawful way, or in any way which may interfere with our ability to provide our Service. Your right to use the Service is subject to any limitations, conditions and restrictions established by us, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.
Intellectual Property Rights
Our Service contains content and technology that are our exclusive intellectual property, which is protected by copyright, patent, trade secret and other laws. Use of our Service does not convey to you any right of ownership. As our customer, you are granted a non-exclusive right to use our Service. The Rebilly name and logo are trademarks of Rebilly, and no license or right is granted to you to use them.
We make every effort to keep our Website and Service available at all times. However, unforeseen events, maintenance issues or upgrades may limit or even deny access at times. We will make an effort to notify our users before any disruptions in service, however we cannot guarantee that this will always be feasible. As such, we make no guarantee whatsoever as to the availability of this Service.
You may terminate use of our Service at any time by closing your account. You remain obligated to settle any outstanding balances owed to us at that time.
The Service is provided on an “as is” basis. We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions or other unforeseen issues in the availability or functionality of the Service. Where permitted by law, you acknowledge that the Service is provided without any warranties of any kind whatsoever, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. You acknowledge that use of the Service is at your own risk and that the Website makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. We do not represent or endorse the accuracy or reliability of any member profile, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any user of the Service or any other person or entity. You acknowledge that any reliance upon any such opinion; member profile, advice, statement or information shall be at your sole risk. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension. We may discontinue or change the Service or its availability to you at any time, and you may stop using the Service at any time.
Limitation of Liabilities
Except in jurisdictions where such provisions are restricted, in no event will the Service be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profits arising from your use of the Website or the Service, even if the Service has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Service’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Website for the Service during the term of membership.
You agree to defend, indemnify, and hold us harmless from and against all claims, liability, loss or damage, cost or expense, relating to use of our Services.
We will maintain PCI DSS compliance against the current version of PCI DSS published on the PCI Security Standards Council website. Within the limitations set forth elsewhere in this Agreement, We shall be responsible for the security of cardholder data that we possess, including functions relating to storage, processing, and transmission of the cardholder data. We will immediately notify you if we learn that we are no longer PCI DSS compliant and will notify you of steps being taken to remedy the non-compliance status. In no event shall Rebilly’s notification be later than fourteen (14) calendar days after We learn We are no longer PCI DSS compliant.
This Agreement is entered into in Barbados. You agree that the laws of Barbados will govern it, and any disputes that arise from this Agreement will be subject to the courts of Barbados. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Both parties specifically agree that the performance of this agreement, in all its aspects, take place within the jurisdiction of Barbados.
We may modify this Agreement from time to time based on changes in the law, our need to accurately reflect our data collection and disclosure practices, or your comments or suggestions. Notification of changes in this Agreement will be posted on the Website or sent via electronic mail, as we may determine in our sole discretion. If you object to anything in this Agreement or in the Privacy Statement, do not use the Website or the Service. Your continued use of the Service will constitute a binding acceptance by you of this Agreement, or any subsequent modifications. You may contact us by email: email@example.com.