WEBSITE TERMS OF USE

Interactive Communications International, Inc. ("InComm") maintains or arranges for the maintenance of this website (the "Website") through which InComm receives requests from you for balance inquiries and transaction histories of your third party closed loop gift card (each, a "Card"). By using this Website you agree that you have read and understood these Terms and unconditionally agree to be bound by these Terms, and to comply with all applicable laws and regulations regarding use of this Website. If you do not or cannot agree with any part of the following Terms, you may not use the Website or attempt to activate any Card through the Website.

The Terms may be changed by InComm at any time in the future. Upon any change to the Terms, an updated version of the Terms will be posted on the Website. Your use of the Website following any amendments will constitute agreement to such amendments. InComm will not be bound by any message or material received from you at variance with these Terms, including amendments.

By submitting a balance inquiry request or a transaction history relating to a Card through the Website, you represent and warrant to InComm that (i) all of the information provided in connection with such request is complete and correct, (ii) that you are the lawful holder of the Card, and (iii) that you have read and agree to be bound by the terms and conditions applicable to the Card.

USE RESTRICTIONS

The contents of this Website, including all information, data, graphics, images, logos, editorial content, and software ("Materials") referenced on this Website are protected under United States and foreign copyright laws, patent laws, trademark laws, and other intellectual property laws and treaties. InComm grants you permission to view and use the Materials on this Website subject to these Terms. You may download, print, reproduce, display and distribute Materials contained on this Website on a limited basis solely for your internal, informational and non-commercial personal use, provided that you do not modify such Materials and provided further that you retain all copyright and proprietary notices as they appear in such Materials.

If you violate any of the Terms, your permission to access and use the Website may be immediately terminated in InComm's sole discretion. In addition, InComm reserves the right to seek all remedies available by law and in equity for such violations.

You may not:

  • access, use, reproduce, display, distribute, transmit, perform, modify, create derivative works or compilations from, sell or otherwise exploit, in whole or in part, any Materials, except as provided above;
  • "mirror" or frame any content contained on or through this Website by any means;
  • remove, decompile, disassemble or reverse engineer any Website software;
  • use any robot, spider, other automatic device or process to monitor or copy any portion of this Website or any Materials;
  • probe, scan or test the vulnerability of the Website or to breach security or authentication measures; or
  • export or re-export the Website or any portion thereof or any Materials in violation of the export control laws or regulations of the United States.

InComm reserves the right to modify or to discontinue any and all Materials or any portion or attribute thereof with or without notice to you. InComm shall not be liable to you in the event that InComm exercises its rights under this provision of the Terms.

CONTENT OWNERSHIP

Unless otherwise noted, the Materials and any intellectual property and other rights relating thereto are and will remain the property of InComm or its licensors and suppliers. The trademarks, logos and service marks on the Website owned by InComm or used with permission by InComm, whether registered or unregistered, may not be used in connection with any product or service that is not InComm's or its licensors, in any manner that is likely to cause confusion with customers, or in any manner that disparages InComm. Nothing contained on the Website or within the Materials should be construed as granting by implication, estoppel or otherwise, any license or right to use an trademark, logo or service mark on this Website without the express written permission of InComm, InComm's licensors or suppliers, or the third-party owner of any trademark, as applicable.

As between you and InComm, InComm retains all rights, title, interests and ownership of any kind, including but not limited to, any and all intellectual property rights of every kind whatsoever, in and to this Website and all Materials contained on or available through this Website. No user shall be deemed to obtain any rights to this Website or the Materials, and nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright, trademark, or other intellectual property law.

THIRD PARTY WEBSITES

Our Website may contain links to third party websites. These links and pointers to third party websites are not part of our Website. InComm makes no representations or warranties regarding these third party websites. We are not responsible for any losses or damages in connection with the information, security, privacy practices, availability, content or accuracy of materials of such third party websites. These third party websites might have privacy policies different from us and third party websites may provide less privacy and/or security than our Website. We encourage you to review the privacy and security policies of all third party websites before you share any personally identifiable information.

ERRORS

InComm intends for the Materials contained on this Website to be accurate and reliable. These Materials may, however, contain technical inaccuracies, typographical errors or other mistakes. InComm reserves the right to make corrections, modifications, enhancements, improvements and other changes to its products and services at any time or to discontinue any products or services without notice.

DISCLAIMER OF WARRANTIES

EXCEPT AS MAY BE PROHIBITED OR RESTRICTED BY APPLICABLE LAW, ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS FOR YOUR USE. INCOMM DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND INCOMM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

YOU AGREE NOT TO HOLD INCOMM LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF THE WEBSITE, YOUR ATTEMPTED BALANCE OR REQUEST FOR A TRANSACTION HISTORY, OR INCOMM'S FAILURE TO PROVIDE SUCH BALANCE OR TRANSACTION HISTORY. IN NO EVENT SHALL INCOMM BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE PROVISION OF THE SERVICES, HOWEVER SUCH DAMAGES ARISE AND/OR WHETHER IN TORT, CONTRACT OR OTHER CLAIM, EVEN IF SUCH PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify, defend and hold InComm harmless from any legal action, claim, liability, loss or damages (including reasonable attorneys' fees, expenses and costs of settlement or litigation), arising from your violation of applicable law or any violation of any term, condition, representation, or warranty set forth in these Terms of Use.

MISCELLANEOUS

GOVERNING LAW

These Terms and the relationship between you and InComm, including, without limitation, your use of or access to the Website, the Materials, any linked Web Website, or any other content or information available on or through the Website, are to be construed in accordance with and governed by the internal laws of the State of Georgia without giving affect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Georgia to the rights and duties of the parties. Each party hereby submits to the exclusive jurisdiction of the state courts in Fulton County, Georgia or the federal courts the Northern District of Georgia, and waives any jurisdictional, venue, or inconvenient forum objections to such courts.

SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of all of the other provisions hereof shall in no way be affected or impaired.

DISCLOSURES

The Website is operated by InComm, and access to and use of the Website, the Materials, or any other content or information available on or through the Website shall be deemed to occur in Atlanta, Georgia.

PRIVACY

Please read the Website Privacy Policy. If you have any questions, comments, criticisms, or complaints about InComm or this Website, please contact us by writing to:

InComm
250 Williams Street
5th Floor, Suite 5-2002
Atlanta, Georgia 30303