Comity Terms of Use

Last updated 8 November 2021

INTRODUCTION

Comity Inc. (“Comity”, “we”, “us”, or “our”) provides these Terms of Use (“Terms”), which govern your use of this website, and any other websites or mobile applications associated with Comity (collectively, our “Sites”) where these Terms are posted.  Please read these Terms carefully before using our Sites.  By using our Sites or any of the products and services available on our Sites, you agree to be bound by these Terms.  If you do not agree to these Terms, please immediately discontinue using our Sites.  By accepting these Terms, you also agree to our Privacy Policy, which also governs your visit to our Sites and is incorporated by reference into these Terms.

‍CONTENT

Our Sites may provide general information about our products and services.  Your eligibility for products and services is subject to our final determination, restrictions, and acceptance.  We may discontinue or make changes to the information, products, licenses, or services described on our Sites at any time.  Any dated information is published as of its publication date only.  We do not undertake any obligation or responsibility to update or amend any such information.  Although we try to provide current information on our Sites, there may be inadvertent, technical, or factual inaccuracies and typographical errors.  For these reasons, we cannot warrant the accuracy, completeness, or timeliness of the information, text, graphics, links, or other items on our Sites. 

Our Sites’ content, including but not limited to all music, audio clips, images, icons, text, design, graphics, code, software, logos, expressions, downloads, interfaces, and ideas, is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions.  In addition, our Sites’ content is protected by patent and trademark laws, the laws of privacy and publicity, and the various communication regulations and statutes.  We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access our Sites and view the content therein on a single browser in accordance with these Terms, and not for distribution, resale, sublicensing, or other unintended usage.  We reserve all rights not expressly granted in the foregoing sentences.  Any unauthorized use or other activity by you in violation of these Terms will cause the licenses granted to you by us in this paragraph to terminate immediately and automatically.LINKS TO OTHER WEBSITESOur Sites may contain links to third-party websites, such as social media websites, which we do not own or control, but which are being provided for your convenience.  If you visit another website linked from one of our Sites, you do so at your own risk and subject to the terms and conditions established by the operator of that website.  The fact that we provide a link to a website does not necessarily mean we endorse, authorize, or sponsor that third-party website, or that we are affiliated with the third-party website’s owners or sponsors.  We reserve the right to terminate a link to a third-party website at any time.

‍ACCESSING OUR SITES 

Our Sites are not intended to be accessed by persons under the age of 18 years.  Our Sites are not intended for access by persons in any jurisdiction or country where such access would be contrary to applicable laws or regulations.  You are responsible for compliance with all local laws.  By offering information, products, or services via our Sites, no solicitation is made by us to any person in jurisdictions where the provision of our Sites’ information, products, or services is prohibited by law.  We may restrict your access to our Sites based on your geographic location.To access our Sites, you will need a working connection to the Internet via a web browser on your computing device for which you are responsible for all costs, expenses, and fees.  From time to time, due to the performance of maintenance, malfunctions or failures of software, equipment, or telecommunications devices, unusual transaction volume, or similar reasons, our Sites may not be accessible to you.  Your access to our Sites is limited to the intended functions of our Sites.  Unauthorized use of our Sites and/or our systems, including but not limited to misuse of any information posted on our Sites or unauthorized entry into any of our systems is strictly prohibited.  You are prohibited from using our Sites in any manner that:

  • Accesses data that is not intended for you; 
  • Attempts to harvest, collect, gather, or assemble information or data without proper authorization; 
  • Invades the privacy of, obtains the identity of, or obtains any personal information about any other user of our Sites; 
  • Probes, scans, or tests the vulnerability of our Sites, our network, our security, or authentication measures without proper authorization; 
  • Attempts to interfere with service to any user, host, or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” our Sites; 
  • Copies, modifies, redistributes, reverse engineers, decompiles, or disassembles any aspect of our Sites or any content delivered to you via our Sites, including, without limitation, any audio or video content delivered via our Sites;
  • Sends unsolicited mail, including promotions and/or advertising of products and services;
  • Is unlawful, fraudulent, or deceptive; 
  • Communicates any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material; 
  • Constitutes or encourages conduct that could be a criminal offense or that gives rise to civil liability;
  • Violates these Terms or any other policies or agreements that you enter into with us;
  • Fails to comply with applicable third-party terms; or
  • Constitutes any other inappropriate conduct, as determined by us in our sole discretion.

In addition, you may not either directly or using any device, software, Internet site, web-based service, or other means:

  • Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the content of our Sites or any digital rights management mechanism, device, or other content protection or access control measure associated with the content on our Sites, including geo-filtering mechanisms;
  • Copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit, or retransmit the content on our Sites (except as expressly permitted by these Terms);
  • Incorporate the content on our Sites into, or stream or retransmit the content via any hardware or software application or make it available via frames or in-line links; or
  • Create, recreate, distribute, or advertise an index or any signification portion of the content on our Sites.

You may not build a business utilizing the content on our Sites, whether or not for profit.  In addition, you are strictly prohibited from creating derivative works or materials that otherwise are derived from or based on any of the content on our Sites, including without limitation, montages, mash-ups and similar videos, and merchandise, unless it is expressly permitted by us in writing.  This prohibition applies even if you intend to give away the derivative materials free of charge.

If you violate any provision of these Terms, we reserve the right to terminate your access to our Sites.  Additionally, we, in our sole discretion, may suspend or terminate any user account that you have established with us at any time, with or without notice.  We may at any time, with or without cause, and without prior notice to you deny you access to our Sites.  We may terminate these Terms or our Sites, in whole or in part, at any time without prior notice to you.  In the event we terminate these Terms, any existing transactions you have entered into with us shall remain in effect.

USER SUBMISSIONS

With respect to any content you submit or make available through or on our Sites (other than personal information, which is handled in accordance with our Privacy Policy), you grant us a non-exclusive, perpetual, irrevocable, non-terminable, unrestricted, worldwide, royalty-free license to use, copy, reproduce, distribute, publicly display, publicly perform, transmit, modify, create derivative works, and sublicense such content or any part of such content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without any notice or permission from you or any other person, and without compensation or attribution to you or any other person.

You acknowledge that when you leave a customer review, whether through Comity (such as through a survey) or not (such as through an app store review), you consent to our use of your review for marketing purposes.

Please retain copies of all content you submit, as we are under no obligation to store or return any such content to you.  Your submission of content will not be subject to any obligation of confidentiality, attribution, or otherwise.  We are under no obligation to monitor any user-submitted content or use of our Sites, but we reserve the right to monitor or moderate user content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any user-submitted content.  We reserve the right to discard or remove any user-submitted content from our Sites in our sole discretion and without any liability.  You acknowledge that you are responsible for any content you may submit through our Sites, including the legality, reliability, appropriateness, originality, and copyright of any such content.

COMMUNICATIONS

If you submit an e-mail address to us through our Sites, we may use your e-mail address to communicate with you electronically.  E-mail is not secure and you understand that there are risks associated with communicating via e-mail, including: the possibility of unauthorized access; failure to receive e-mails because they have been misdirected or sent to a spam folder; your inability to access e-mail due to power outages, hardware or software malfunctions, or failures of your computing device; or matters affecting the Internet or your access to the Internet.  Do not rely on e-mail if you need to contact us immediately.  For security reasons, we may not be able to respond to certain e-mail requests.

By providing a telephone number to us, you agree to receive text messages (short message service or SMS) from us. You understand that your cellular service provider may charge you a fee for transmitting and delivering text messages. By executing the agreement, you authorize us to deliver, or cause to be delivered, texts messages using an automatic telephone dialing system. You are not required to providing this consent as a condition to purchasing a product or service from us. We will confirm your consent to opt-in to text messages by sending a confirmation message to your wireless device number that instructs you to either confirm or cancel your consent by replying to the confirmation message.

SECURITY

We have taken steps to protect the privacy and security of your personal information as well as your transactions with us.  Although we use administrative, technical, and physical security measures to protect your account and other personal information, the Internet is a public network, and we cannot guarantee that any information transmitted or transactions conducted via the Internet are absolutely secure or that a third party will not be able to access or intercept such information.  We are not responsible for any electronic virus or viruses that you may encounter as you use the Internet.  We suggest that you routinely scan your devices using a virus protection product.

We are committed to stopping fraud, and we reserve the right to take all reasonable measures to detect and prevent it.  For security purposes, we may view, monitor, and record activity on our Sites without notice to or permission from you.  Any information obtained by monitoring, viewing, or recording may be subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on our Sites.  We will also comply with all court orders involving requests for such information.  Actual or attempted fraud or other unauthorized use of our Sites may result in criminal and/or civil prosecution and immediate termination of your right to access our Sites.

To protect the security of your information, we may require you to authenticate your identity (i.e., prove that you are who you say you are) to conduct certain transactions on our Sites.  Use of unique login information may be required to access certain portions of our Sites.  You acknowledge that your login information is unique and must be kept private and confidential to protect the security of your account.  You agree not to give or make available your login information to any unauthorized individual.  If you believe your login information has been compromised, lost, or stolen, someone without authorization has attempted to use your account, or your account has been accessed by someone without authorization, you must notify us immediately (using the contact information below).  If you lose or forget your login information, contact us immediately.  If you fail to notify us, you may be liable for all unauthorized activity on your account.  

WARRANTIES / LIMITATIONS OF LIABILITY / INDEMNIFICATION

OUR SITES’ CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, THAT MAY ARISE IN CONNECTION WITH: OUR SITES; OR FROM YOUR USE OF, OR INABILITY TO USE, OUR SITES OR ANY INFORMATION PROVIDED ON OUR SITES; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; OR DISCLOSURE OF INFORMATION WHEN REPLYING TO YOU BY E-MAIL OR OTHER ELECTRONIC MEANS OR RECEIVING E-MAILS FROM YOU.  Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages.  In such jurisdictions, our liability is limited to the greatest extent permitted by law.

WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY VIRUSES THAT MAY INFECT OR DAMAGE YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, USE OF, OR BROWSING OF OUR SITES, THE INTERNET, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OUR SITES OR THE INTERNET.

WE DO NOT WARRANT NOR REPRESENT THAT YOUR USE OF MATERIALS DISPLAYED ON OUR SITES WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR AFFILIATED WITH US.

You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, or liabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (including any intellectual property claim) arising out of your access or use of our Sites in violation of these Terms or in violation of any applicable law.  You further agree that you will cooperate fully in the defense of any such claims.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.

OTHER TERMS AND CONDITIONS

These Terms will be governed by the laws of the United States and the State of Delaware without giving effect to any conflict of laws to the contrary.  

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

These Terms and our Privacy Policy constitute the entire agreement between you and Comity with respect to our Sites and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to our Sites.  No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.  Except as expressly set forth herein, in the event of a conflict between these Terms and any applicable terms to specific products or services that you receive from us, the terms of the specific product or service shall govern.

If any provision in these Terms change due to applicable law or is declared invalid by order of a court, the remaining provisions of these Terms will not be affected, and these Terms will be interpreted as if the invalid provisions had not been placed in these Terms.  The headings in these Terms are intended only to help organize these Terms.

We may assign our rights and duties under these Terms to any party at any time without notice to you. 

CHANGES TO THESE TERMS 

You agree that we may from time to time amend all or any part of these Terms, including, without limitation, establishing, increasing, or decreasing the fees and charges for products and services made available through our Sites and changing the features and functionality to our Sites.  If required by law, we will notify you electronically of any change to these Terms.  Any such changes shall take effect as soon as they are posted on our Sites unless otherwise stated.  Your use of our Sites after the effective date of any change shall constitute your agreement to be bound by the change.  You should review these Terms periodically for any changes.

CONTACT US

If you have any questions or concerns regarding these Terms, please contact us at members@comitycard.com.