The following Terms of Use (“TOU”) govern User (referred to herein as “you” “your” and “user”) access or use of the CardFellow Website (hereinafter “Site”) at www.CardFellow.com . Please read the TOU carefully before using the Site. By using the Site, you accept and agree to be bound and abide by the TOU and our Privacy Policy incorporated herein by reference. If you do not agree to the TOU, you may not visit, use, or access the Site. Processors and Merchants that use the Site are also governed by the Terms of Service (“TOS”) governing use of CardFellow’s Services. If there is any conflict between the provisions of these TOU and the TOS, the provisions of the TOU shall govern.
If you use this Site on behalf of a company or other legal entity, you must have the legal authority to contractually bind such entity to the TOU. If you lack such legal authority to contractually bind or you do not agree with these TOU, you must not use the Site.
CardFellow is an advocate for fair and honest credit card processing fees. The Site provides an online venue where credit card processors (“Processors”) compete for business from Merchants by offering certified quotes that adhere to our strict standards. The Processors also have certified reviews that allow Merchants to make an informed choice.
Processors can contact info@cardfellow.com to request that profile information be updated. Upon verification, CardFellow will make the requested updates in a reasonable time at its sole discretion. Processor profiles will not be deleted. By posting your information and other content on or through the Site (“User Content”), you own and maintain all rights in the User Content, but do grant CardFellow a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site. CardFellow may remove or disable any User Content at any time for any reason, or for no reason at all.
Merchants or Users of the Site that post Processor reviews (“User Content”) own and maintain all rights in the User Content, but do grant CardFellow a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Site. CardFellow may remove or disable any User Content at any time for any reason, or for no reason at all.
Unlike general web reviews, verified reviews are posted by Merchants that have chosen the Processor's quote through CardFellow's marketplace, and CardFellow has confirmed with the Processor that the business is using its service. Merchants can update verified reviews at any time to ensure the review accurately reflects the Processor's performance over time. CardFellow does not endorse the review, but CardFellow does verify that the reviewer used the services of the Processor.
Processors agree by using this Site to respond within 14 days to CardFellow’s request to confirm the validity of any Merchant review. Failure to respond to such request could result in the removal of Processor’s profile from the Site.
Unverified reviews are general web reviews which can be submitted by any User of the Site viewing the profile of a Processor. CardFellow does not verify that the User is using or has used the Processors’ services, and CardFellow does not endorse or validate the review.
Processors can contact legal@cardfellow.com to request removal of a review posted in its profile at CardFellow.com. All requests must include comprehensive details supporting that the review is not valid. CardFellow reserves the right to approve or decline the removal request at its sole discretion.
A review posted on CardFellow is not an endorsement of any particular Processor, and is not a guarantee of a Processor's services. You should not rely solely on the CardFellow reviews in deciding whether to engage a Processor for your business.
Processors can contact legal@cardfellow.com to request removal of a review posted in its profile at CardFellow.com. All requests must include comprehensive details supporting that the review is not valid. CardFellow reserves the right to approve or decline the removal request at its sole discretion.
CardFellow acts as an affiliate for certain products or services. If CardFellow acts as an affiliate for a product or service covered on the Site, a disclosure attesting to that fact will be posted in the content of said product or service.
All rights, title and interest in and to the Site and its information, reviews, profiles, descriptions, algorithms, software, logos, look and feel, design, data, content and Unser Content (collectively “Content”) will remain with and belong exclusively to CardFellow unless otherwise stated herein. You will not (a) commercially exploit or make the Site and any Content available to any third party, (b) use the Site and Content in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Site and Content or their related components, (c) modify, adapt or hack the Site and Content to, or try to, gain unauthorized access to the Site, (d) copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Site and Content, except that you may download, display, and print one copy of the publicly available materials (the Content that does not require a password to access) on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices; (e) use any “page-scrape,” “deep-link,” “spider,” or “robot or other automatic program, device, algorithm or methodology, or any similar manual process, to access, scrape, copy, acquire, data from or monitor any portion of the Site or any Content or data from the site, or (f) obtain or attempt to obtain any Content or other information through any means not made generally available through the Site by CardFellow. CardFellow reserves the right to take any lawful measures to prevent any such activity.
CardFellow is committed to complying with U.S. copyright and related laws. Accordingly, you may not use the Site to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law. We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement and send to legal@cardfellow.com.
CardFellow reserves the right, at its sole discretion, to change or modify portions of these TOU at any time. Your continued use of the Site after the date any such changes become effective constitutes your acceptance of the new or revised TOU.
You represent and warrant to CardFellow that your activity on the Site do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
CardFellow may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these TOU.
NO WARRANTIES ARE GIVEN BY CARDFELLOW, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. THE SITE, ITS CONTENT, AND USER CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL ERRORS AND DEFECTS AND WITHOUT ANY WARRANTIES OF ANY KIND. CARDFELLOW DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH THE SITE AND CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND CARDFELLOW DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE AND CONTENT. CARDFELLOW MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY, INCLUDING MERCHANTS, USERS, AND PROCESSORS.
IN NO EVENT WILL CARDFELLOW FACE LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE, CONTENT, OR USER CONTENT PROVIDED BY THE SITE, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY FOR ANY AMOUNT ABOVE $1.00 (ONE DOLLAR). IN NO EVENT WILL CARDFELLOW (TOGETHER WITH ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, LOST PROFITS, OR LOST DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
If any one or more of the provisions contained herein shall for any reason be held to be unenforceable in any respect, such unenforceability shall not affect any other provision of the TOU, but these TOU shall then be construed as if such unenforceable provision or provisions had never been contained herein. All provisions necessary to CardFellow's enforcement of the TOU will survive termination of use of the Site.
A waiver of a breach or default of these TOU shall not be waiver of any subsequent breach or default hereunder.
This Agreement together with all Terms of Service agreements with CardFellow and any policies posted on the Site related to use of the Site constitute the entire agreement between the parties concerning use of the Site.
All suits, proceedings and other actions relating to, arising out of or in connection with use of the Site will be submitted to the exclusive, in personam jurisdiction to the courts of the State of Connecticut. Venue for all such suits, proceedings and other actions will be exclusively in Connecticut. You hereby waives any claims against or objections to such in personam jurisdiction and venue. Use of the site shall be governed by the law of the State of Connecticut and will apply to any actions or proceedings arising out use of CardFellow’s Site without regard to conflicts of law.
YOU AGREE THAT YOU MAY BRING DISPUTES AGAINST CARDFELLOW ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
BY USING THE SITE YOU WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY TRANSACTIONS CONTEMPLATED HEREBY.