Terms & Conditions
Welcome to the TCY Premium Discount Gift Card Center. The TCY Premium Discount Gift Card Center website and affiliated membership program (hereinafter “Website” or “Site” or “Service”) are provided by The Card Yard LLC (hereinafter also referred to as the “Company”) according to the terms set forth in this agreement. The following terms and conditions contained within this agreement (hereinafter “Agreement”) govern your use of and access to the Website and contain important information about your rights, duties, and obligations when using the Website. By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this terms and conditions agreement, whether or not you are a registered user of our Service.By submitting your credit card, telephone billing or other payment information via the TCY Premium Discount Gift Card Center shopping cart checkout form or to a call center affiliate you (hereinafter also referred to as “Member” or “Subscriber”) will be deemed to have read and agreed to the following terms and conditions stated below, in addition to any terms and conditions of the applicable credit card processing company retained by us for processing your credit card. These terms and conditions of Subscription constitute a binding agreement between you and The Card Yard LLC, as hereinafter defined and set forth the terms and conditions associated with a limited license granted to you to access our content databases and receive other benefits granted to Subscribers in good standing. Accordingly, you should thoroughly read and understand the following terms and conditions which will become a contract between you and The Card Yard LLC upon submitting your credit card, telephone billing or other payment method information to the Company for approval. Upon The Card Yard LLC approving your credit card, telephone billing or other payment means, you will become an active subscriber and member of TCY Premium Discount Gift Card Center.
1. PARTIES TO THIS AGREEMENT AND CONSIDERATION. The parties to this Membership Agreement (the “Agreement”) are you, the Member, and The Card Yard LLC. The term “Company” herein shall mean the party selling you the membership service to the TCY Premium Discount Gift Card Center. As used in this Agreement, the terms “we,” and “us” are used interchangeably to refer to the Company, the Website, and any successor in interest to or licensee of Company in the ownership or operation of the Website; the term “you” and “your” is used to refer to you, the member and subscriber.
1.1. You agree that this Agreement is subject to change by the Company at any time and changes shall become effective upon notice to Members by e-mail, or by mail. You may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.
1.2. You agree that any action on your part to Bookmark to a page on this Website whereby the terms and conditions page is bypassed shall constitute an implicit acceptance by you of all the terms and conditions set forth herein as well as an explicit acknowledgment by you of the fact that you are an adult and at least 18 years of age or an adult of the age of majority under the laws of your state, province or country.
2. MONTHLY MEMBERSHIPS; FEES; CANCELLATION. By accepting the membership to the TCY Premium Discount Gift Card Center; and by accessing the content of Website(s) you authorize the charges set forth below and agree to the following terms and conditions:
2.1. Subscription and Membership fees to Website are subject to change at any time at the sole and absolute discretion of Company. The official standard membership rate for the Website is $14.95/month. The current monthly membership rate which will appear on your credit card bill, will be debited from the account you selected when enrolling in the Service.
2.2. TO CANCEL YOUR MONTHLY MEMBERSHIP YOU MUST NOTIFY THE COMPANY OF YOUR CANCELLATION BY E-MAIL, TELEPHONE, OR U.S. MAIL AT LEAST 1 DAY BEFORE THE EXPIRATION DATE OF YOUR CURRENT MEMBERSHIP TERM. PLEASE USE THE CONTACT INFORMATION BELOW TO CANCEL YOUR MEMBERSHIP WITH THE SERVICE.
The Card Yard LLC
2.3. All cancellations received by the Company will be effective upon receipt.
2.4. You hereby authorize the Company, its successors, assigns and their credit card and other payment method processing agents to charge your credit card (which you hereby acknowledge was entered by you into the sign-up page or provided to a call center affiliate) to pay for your trial membership fee and all monthly membership fees to Website at the then current standard membership rate. You further authorize the Company to charge your credit card for any and all purchases of products, services and entertainment available through, at, in or on, or provided by, Website you agree to be personally liable for all charges incurred by you during or through the use of Website. Your liability for such charges shall continue after termination of your membership.
3. REFUND POLICY.
3.1. You hereby acknowledge and agree that if you cancel your monthly membership, or if your membership is cancelled by the Company, your username and password will be removed from the system at the end of the then current monthly membership period and that you will be entitled to receive the full benefits of your monthly membership until the end of such period. You shall not be entitled to any pro-rated or partial refund if you cancel your monthly membership before the end of the then current monthly membership period. You agree that if you cancel at any time after purchasing a monthly membership to Website (e.g., 20 minutes after you sign up), you will still be charged the full month’s membership fee.
3.2. The Company may, at any time and at its sole discretion, cancel any paid trial membership or monthly membership; provided, however, that if the Company cancels any paid membership prior to its expiration, the Company shall provide a pro-rata refund for the unexpired period of the cancelled month’s membership by automatic credit.
4. TRANSFER OR ASSIGNMENT OF MEMBERSHIP.
4.1. You agree that as a Member of the Website you shall not, under any circumstances, have the right to transfer or assign your membership to any other person or entity, and that any attempted transfer or assignment of a membership shall be void. Any access to Materials by any person other than you using your password or other access means shall constitute access in excess of the license granted herein and shall violate the intellectual property rights of Company and may violate civil and criminal laws, including the Stored Communications Act.
4.2. You further agree that the Company, may at any time at its sole discretion and without prior notice to you, transfer or assign your membership in the Website to an affiliated or non-affiliated Company. You agree that Company may transfer your credit card information to such assignee of this website or a duplicate website solely for the purpose of processing any non-cancelled membership renewals.
5. PAYMENT AUTHORIZATION/ NOTICE OF LOST OR STOLEN CARD/ FRAUDULENT USE OF CARD.
5.1. Payment for the services provided to you at, and/or through Website may be made by automatic credit card debit or via online checks and you hereby authorize Company, its successors and assigns and their agents, such as merchant credit card processors (e.g., PayPal, etc.) to transact such payments on your behalf.
5.2. Unless and until you notify Company that you wish to cancel your Subscription to Website, you hereby agree and authorize Company and its designated agents, successors and assignees to automatically renew your subscription to Website on a continuing monthly basis and to charge your credit card (or transact other approved payment methods and facilities) to pay for the ongoing cost of your subscription. You hereby further authorize Company or its successors, designated agents and assignees to charge your credit card (or other approved payment methods and facilities) for any and all purchases of products, services and entertainment provided to you by Website. You expressly agree that the authorization to charge your credit card herein is extended to authorize any of Company’s processing agents, successors in interest or any licensees of Company to charge your credit card for membership access to the Website and for other goods or services which you purchase at or in connection with the Website in accordance with these terms and conditions during the period that any such party processes for Company, sells access to, or operates the Website.
5.3. You further agree that as a Member, you must promptly inform Company of any and all of the following: loss or theft of the credit card used to pay for Membership to Website or other goods or services obtained in, at or through Website; changes in the expiration date of the credit card; changes in home or billing address; apparent breaches of security regarding your Membership, such as loss, theft, unauthorized disclosure or use of an ID or password; and all other changes pertaining to your credit card account used to pay for services pursuant to this Agreement which may affect Company’s ability to expeditiously obtain payments due to Company. You agree that you will remain liable for any unauthorized use of Website or any of its services associated with your Membership, until you have notified Company’s Customer Service at 800-211-1988 or email@example.com.
5.4. You hereby agree that any fraudulent reporting of a lost or stolen credit card used to obtain goods or services from Website or any fraudulent reporting of an unauthorized charge to Website on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to Website remains outstanding at the time of such fraudulent reporting, you shall be liable to the Company for liquidated damages up to $10,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
5.5. You further acknowledge and agree that you will remain liable to the Company for any unauthorized use of the Website associated with your Membership after the termination of this Agreement.
6. TERMINATION OF MEMBERSHIP. Either Company or Member may terminate at any time, and without cause, membership to the Website, subject to the cancellation policy and procedures set forth in this Agreement. Your liability for all charges incurred during your Membership term shall continue after termination, for any reason, of your Membership.
7. PASSWORD SECURITY. Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Website. Access to and use of the Website is through the use of a password. Each Member must keep their password strictly confidential and you agree that if you share your unique Login name and/or your Password with another individual that your access to the Website is subject to immediate termination without notice or reimbursement of any kind. Any sharing of passwords or any other methods of unauthorized access to the Website with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to you to access the Materials, violates the intellectual property rights of the Company, and may violate civil and criminal laws, including the Stored Communications Act.
8. NO WARRANTIES; LIMITATIONS ON COMPANY’S LIABILITY.
8.1. YOU HEREBY AGREE THAT THE MATERIAL, AND ALL OTHER SERVICES PROVIDED TO YOU BY COMPANY, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCT OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THE COMPANY EXPRESSLY DISCLAIMS SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE MATERIAL, AND ALL SERVICES PROVIDED BY COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR INCONVENIENCE TO YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, OR OTHER SUBSCRIBERS, OR THEIR SUPPLIERS, LICENSEES, RESELLERS OR SUBSCRIBERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE WEBSITE.
8.2. ANY LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OR ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT OF MEMBERSHIP FEE PAID BY, OR ON BEHALF OF, THE SUBSCRIBER TO THE COMPANY FOR THE PRECEDING MONTHLY BILLING PERIOD OR PAID TRIAL PERIOD, AS APPLICABLE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. COMPANY IS NOT LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY MATERIAL, DATA, ADVERTISEMENT OR OTHER COMMUNICATION AT OR THROUGH THE WEBSITE.
9. TRADEMARK AND SERVICE MARK. The name of this website is a service mark of or under license to Company. No use of this mark shall be permitted except through the prior written authorization and permission of Company or the licensor of the mark. All rights reserved.
10. NOTICES TO COMPANY OR MEMBERS. Notices from the Website to Members may be given by means of electronic messages, by general posting on the Website, or by conventional mail. Communications from you to the Company may be made by electronic messages or conventional mail, unless otherwise specified in the Agreement. All notices to the company shall be sent by electronic mail to firstname.lastname@example.org.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the Member and Company regarding Members’ use of the Website, and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.
12. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION. This Agreement shall be governed by and construed under the laws of the State of CALIFORNIA and the United States as applied to agreements between California state residents entered into and to be performed within the State of CALIFORNIA, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any disputes arising under this Agreement shall be resolved by arbitration.
13. UNENFORCEABILITY OF PROVISIONS. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of the Company to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.
14. AFFIRMATION OF AGREEMENT. You hereby acknowledge and affirm that you have read this entire agreement and that you AGREE to all its terms and conditions by authorizing the use of your credit card for payment of charges and fees for you maintaining a membership to the Website and for any other charges which you may incur for goods or services ordered at or in association with the Website.