Effective as of April 4, 2011
THE WEB SITE IS PROVIDED BY ITC FINANCIAL LICENSES, INC ("ITCFL"), IH FINANCIAL LICENSES, INC. ("IHFL") AND/OR THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AND/OR THEIR RESPECTIVE SUPPLIERS AND LICENSORS (INDIVIDUALLY AND COLLECTIVELY REFERRED TO AS "WE", "US" OR "OUR").
THIS WEBSITE IS INTENDED TO BE ACCESSED AND USED ONLY BY INDIVIDUALS THAT HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE THEY ARE LOCATED (EITHER 18 OR 19 YEARS OF AGE DEPENDING UPON THE JURISDICTION). YOU MAY NOT USE OR ACCESS THIS WEBSITE UNLESS YOU HAVE REACHED THE LEGAL AGE OF MAJORITY IN THE JURISDICTION WHERE YOU ARE LOCATED.
Your use of the Web Site means that you agree that these Web Site Terms and Conditions, including the provisions of the User Agreement, legally bind you in the same manner that a signed, written, non-electronic contract does. You may not use the Web Site in any manner or attempt to access the Web Site if you are not willing to be bound and abide by these Web Site Terms and Conditions, including the terms and conditions included in the User Agreement. Your continued use of the Web Site also means that you represent and warrant that you are able to enter into legally binding contracts. Your use of certain content and features offered through the Web Site may be subject to additional terms and conditions. By using such content and features, you also agree to be bound by such additional terms and conditions.
We reserve the right to change or modify these Web Site Terms and Conditions, or modify or discontinue any portion of the features and functionality provided through the Web Site, from time to time without notice to you. If we decide to change these Web Site Terms and Conditions, we will post such changes on the Web Site and such changes will be effective at such time. We reserve the right to modify or temporarily discontinue your access to the Web Site or parts thereof, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification of the Web Site, these Web Site Terms and Conditions, or your access to the Web Site.
For purposes of these Web Site Terms and Conditions, the term "Web Site" includes without limitation the publicly available content, materials and information and those parts of the Web Site that may be available to you if you use the Web Site to redeem a Vanilla Reload Network PIN or access any features associated with the Vanilla Reload Network (collectively, "Content").
Use of the Web Site and Content.
We grant you a limited, nonexclusive, nontransferable license, subject to these Web Site Terms and Conditions, to access and use the Web Site solely to view the Content for informational or transactional purposes, to conduct transactions using your Vanilla Reload Network PIN, or to obtain information regarding the status of your Vanilla Reload Network PIN. Any other use of the Content or the Web Site is expressly prohibited. All other rights in the Content and the Web Site are reserved by us and our licensors. We reserve all rights in the Web Site and you agree that these Web Site Terms and Conditions, including the terms and conditions included in the User Agreement, do not grant you any rights in or licenses to the Web Site or the Content, except for this express, limited license. You will not otherwise copy, transmit, distribute, sell, license, de-compile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another Web Site, or in any other way exploit any of the Content or any other part of the Web Site or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Web Site (or any part of the Web Site) as part of any other web site or any other work of authorship without our prior written permission. If you violate any of these Web Site Terms and Conditions, your permission to access and use the Web Site may be immediately terminated in our sole discretion. In addition, we reserve the right to all remedies available at law and in equity for any such violation.
Web Site Accuracy.
Although we intend to provide accurate and timely information on the Web Site, the Web Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. The information published on the Web Site is provided as a convenience to our customers and is provided for informational or transactional purposes only. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained in the Web Site are your sole responsibility and we shall have no liability for such decisions. If you need specific details about any information contained in our Web Site, you should contact us at 1-877-429-8141.
Web Site Restrictions.
As a condition of your use of the Web Site, you represent and warrant that you shall not use the Web Site for any purpose that is unlawful or otherwise prohibited by these Web Site Terms and Conditions. You will not submit any false, misleading or inaccurate information to us, by mail, phone or the Web Site. You will abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all of your acts or omissions that occur while you use the Web Site. By way of example, and not as a limitation, you will not use the Web Site to:
- Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
- Publish, distribute or disseminate any harmful, inappropriate, profane, vulgar, infringing, obscene, tortuous, indecent, immoral or otherwise objectionable material or information;
- Transmit or upload any material to the Web Site that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Interfere with or disrupt the Web Site networks or servers;
- Harvest or otherwise collect information from the Web Site about others, including without limitation email addresses, without proper consent;
- Use the account or Vanilla Reload Network PIN information of another party to access or use the Web Site;
- Otherwise attempt to gain unauthorized access to the Web Site, other accounts, computer systems or networks connected to the Web Site, through password mining or any other means; or
- Interfere with another individual's or entity's access to or use of the Web Site.
We have no obligation to monitor your use of the Web Site or retain the content of any of your sessions on the Web Site. However, we reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Third Party Content and Links.
From time to time, the Web Site may contain references or links to third-party materials (including without limitation web sites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Web Site, including without limitation content, property, goods or services available on the linked sites.
To access and use the Web Site, you must at, at your expense: (a) provide for your own access to the Internet and pay any service fees associated with such access; and (b) provide all equipment necessary for you to make such connection to the Internet, including without limitation a computer and modem or broadband Internet connection.
Disclaimer of Warranties.
THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEB SITE OR ANY FEATURE OR ANY PART THEREOF AT ANY TIME. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE; THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEB SITE WILL BE SECURE; THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEB SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY CONTENT ON THE WEB SITE IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, SUBSIDIARIES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE WEB SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, USES, PRODUCTS OR CONTENT AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless ITCFL, IHFL, and their respective affiliates and subsidiaries, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your violation of these Web Site Terms and Conditions, any applicable laws, or your violation of any rights of a third party. If you cause a technical disruption of the Web Site or the systems transmitting the Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.
You agree that any action at law or in equity arising out of or relating to these Web Site Terms and Conditions or the Web Site shall be filed, and that venue properly lies, only in state or federal courts located in Atlanta, Georgia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that the Web Site, or any Content used in connection therewith, is appropriate or available for use in any particular location. Those who choose to access the Web Site do so on their own initiative and are responsible for compliance with all applicable laws, including any applicable local laws.
These Web Site Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Georgia and the laws of the United States, without giving effect to any principles of conflicts of law. The United Nations Convention on the International Sale of Goods shall not apply to these Web Site Terms and Conditions or any products or services provided under these Web Site Terms and Conditions.
If any provision of these Web Site Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Web Site Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Web Site Terms and Conditions by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Web Site Terms and Conditions shall not constitute a waiver of such right or provision.
YOU AGREE THAT ANY CLAIM RELATED TO ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE WEB SITE TERMS AND CONDITIONS OR THE WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
The supply of goods, services and software through the Web Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Web Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Web Site if: (1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or (2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
You acknowledge that any use or threatened use of the Web Site or Content in a manner inconsistent with the terms and conditions included in these Web Site Terms and Conditions, including the User Agreement, shall cause immediate irreparable harm to us for which there is no adequate remedy at law. Accordingly, you acknowledge and agree that we shall be entitled to immediate and permanent injunctive relief from a court of competent jurisdiction in the event of any such breach or threatened breach by you. You agree and stipulate that we shall be entitled to such injunctive relief without posting a bond or other security; provided however that if the posting of a bond is a prerequisite to obtaining injunctive relief, then a bond in the amount of US$1000 shall be sufficient. Nothing contained herein shall limit our right to any remedies at law, including without limitation the recovery of damages from you for breach of these Web Site Terms and Conditions, as applicable.
You will not assign (including without limitation by operation of law, change of control or otherwise) your rights or licenses to the Web Site provided under these Web Site Terms and Conditions, either in whole or in part, without the prior written consent of ITCFL or IHFL, and any attempted assignment contrary to the foregoing will be void and have no effect. We may assign all or a portion of our rights under these Web Site Terms and Conditions.
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control.
The section titles in these Web Site Terms and Conditions are for convenience only and have no legal or contractual effect.
If you have any questions or comments regarding the Web Site, these Web Site Terms and Conditions, or the Vanilla Reload Network, please contact us by writing to:
View My Card Balance Customer Service
PO Box 826 Fortson, GA 31808
Or calling us at: 1-877-429-8141