Terms and Conditions of Use
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Revised April 19, 2019 at 16:00 GMT -08:00
Connection Card (herein, "SYSTEM"), administered by Connection Card, Inc., a Corporation incorporated in the state of Colorado (herein, "COMPANY") shall be used by the registered user (herein, "USER") subject to the terms of this agreement. This agreement applies to USER irregardless of which account or organization's account that USER is part of or using. This agreement shall apply to all of USER's use of SYSTEM.
1) License: The non-exclusive license is granted to USER to use SYSTEM in part or in its entirety, while it is hosted by COMPANY. This license allows USER to use the SYSTEM on an unlimited number of computers within a single location or on mobile computers and devices at other locations when use of that mobile computer or device is directly associated with the normal single location of use and/or when the use of that mobile computer or device is taking place at another location which is not a regular meeting location. Additionally, USER may pay an additional fee and only upon payment of this fee, USER would also be entitled to use SYSTEM on an unlimited number of computers and devices across multiple locations as long as all locations are directly associated with and part of a single organization. This license does not grant USER the right to use SYSTEM on behalf or in benefit of more than one organization, as a separate license for each organization is required. No part of SYSTEM may be used outside of COMPANY's servers without the express written permission of COMPANY.
2) Use Only: USER is only entitled to the use of SYSTEM. USER may not edit or manipulate the source code, USER may not sell, resell, distribute, or redistribute, for free or for a fee, any piece or part of SYSTEM.
3) Payment: USER agrees to pay a monthly or annual fee which grants USER monthly or annual access, respectively, to SYSTEM. Monthly or annual fee is based on the fee schedule in use at the time of subscription associated with the package and any additional services that USER selects at the time of subscription. If USER changes the selected package for service, the then-current fee for the new service(s) will become the USER's monthly or annual fee. If monthly or annual fee is not paid in a timely manner, USER's account may be suspended, limited or terminated which may additionally result in the temporary suspension or permanent revocation of this license. COMPANY reserves the right, at any time, with or without warning, to change the fee(s) or pricing structure of the SYSTEM and/or to put a new Pricing Plan in effect. However, upon doing so, all current users of the SYSTEM at the time the change of pricing goes in effect will remain under the terms of the previous Pricing Plan until 12 months after the current billing cycle, as long as USER's account remains in good standing. If USER closes an account and reopens an account under the new Pricing Plan, USER's new account will be immediately subject to the new pricing plan.
4) Cards: If selected by USER, USER is granted the non-exclsive license to use the supplied images/templates for printing cards. USER may not edit, manipulate, or alter the provided images with the exception of specific changes allowed on certain images as stated on the downloads page. USER agrees to only use barcodes within the specified range, or contained in the provided list of available barcodes, and to the specifications to be used for plastic cards for use with SYSTEM. Barcodes outside of these specifications may not work correctly or may have adverse effects on USER's account. However, barcodes printed for any other purpose aside from plastic cards (such as items for check-out, temporary cards, etc) are not obligated by this agreement to meet any specifications, although certain technical specifications may be required to function properly. COMPANY does not assume any responsibility for quality or integrity of any plastic cards that USER orders from any third party.
5) Cards Printing and Artwork Requirements: Any card(s) which USER prints or orders that contain a Connection Card logo or the phrase "Connection Card" anywhere on the card is required to meet certain artwork and quality specifications and must be approved by COMPANY prior to being printed. Cards which do not contain the Connection Card logo and do not contain the phrase "Connection Card" are not required to meet these requirements and do not require approval by COMPANY. For cards that require approval, art-work must be full-bleed, fully covering the face of the card, with no white edges or borders and must be minimum 300 DPI resolution. Cards which require approval will also be required to contain a disclaimer and information on the back of the card which will be provided by COMPANY.
6) REMOVED January 29, 2019
7) Card Numbers: USER is granted the right to print plastic cards which contain 12-digit or 13-digit card numbers along with 12 to 26 digit barcodes or magstripes as per provided specifications and within the range assigned to USER. USER may request a larger range, which may or may not incur an additional fee or increase the monthly or annual service fee. USER agrees not to print plastic cards which contain barcodes or encoded magnetic data outside of USER's assigned range or which do not meet the provided specifications, as those will not work with USER's account. Barcodes used for any purpose other than plastic cards may be within any USER-defined range as per certain technical requirements. USER understands that failure to meet the provided technical specifications may prevent cards/barcodes/magnetic stripes from working and COMPANY is not responsible for any costs incurred by USER.
8) Use of System: USER may not use the SYSTEM for any illegal activity or purpose or for any purpose outside of the intended use of SYSTEM.
9) Use of Web Interface: USER may choose to use the hosted web interface, or may choose to integrate the web interface (for online Connection Card profiles) into USER's own web site (if and when available by the SYSTEM). If integrating the web interface into USER's web site, the integration of the web interface shall also be subject to the terms of this agreement and may be revoked if account is suspended or terminated. USER agrees that USER's web site does not contain pornography, child pornography, pirated or unauthorized videos, software, music, or downlaods, illegal content or illegal downloads, or any other illegal content. USER also agrees that USER's web site does not endorse alcohol, under-aged drinking, drug-use, substance abuse, or any other illegal activities. USER also agrees that USER's web site does not support, endorse, fund, or otherwise facilitate hate speech, terrorism, or any other illegal act.
9) Privacy: COMPANY will take appropriate measures to maintain the privacy of all data associated with USER's account. COMPANY will not sell, barter, trade, or distribute any personal information or account information associated with USER's account to any third-party organization, with the exception of contact information demanded by court order or required in the assistance of a law enforcement agency. COMPANY does however reserve the right to use information obtained from USER for demographic and/or statistical purposes, so long as USER's personal contact information is not revealed. The contact and personal information of USER and USER's card holders shall not in any way be made public or posted on the internet in a way that is viewable to the public, with the exception of certain personal information posted in certain ways as agreed by USER or USER's card holders from time to time.
10) Privacy Obligations: USER agrees to and understands that USER must be aware of and in compliance with any and all local, state, federal, or international privacy laws which apply to USER and the group or organization which USER represents. USER warrants that any necessary privacy information is appropriately posted on USER's premesis in compliance with local, state, federal, or international laws which apply to USER. USER agrees to hold harmless COMPANY and employees, associates, affiliates, partners, and volunteers from any and all claims concerning the privacy of the card holders originating from USER's account, group or organization. USER understands related Child Privacy Laws, Privacy Laws, and Online Privacy Laws which may apply to USER and USER warrants that USER has taken all necessary precautions to ensure the privacy of USER's card holders. USER farther agrees to maintain the privacy of all data collected from card holders and agrees that USER nor the organization which USER represents nor anyone acting on their behalf or on the behalf of USER will not in any way sell, distribute, give, barter, exchange or otherwise make available any personal information collected from card holders to anyone outside of the organization which USER represents and outside the common use of such information in such organization. Information collected may be used for internal use only in a way which is legal and of typical practice of the collecting organization. USER and all administrative users associated with USER's account will take the necessary precautions to maintain the privacy and security of collected information and the security of login credentials which grant access to such information. USER agrees to take the necessary precautions to inform other users and administrators of the privacy concerns and of USER's obligations to this agreement and to local, state, federal, and international privacy laws.
11) Transfer of Personal Information: It is understood that personal information collected by card holders may be transferred, upon verification of card holder's identification and physical presence by way of correct entry of PIN or Password set by card holder, to other Connection Card enabled group when card holder visits another Connection Card enabled group. It is understood that those groups have agreed to the same policies and are held to the same agreement. When a user visits another group, only the personal information which that group normally collects at the time of registration is transferred. Other personal information which USER's group collects or in another way acquired, which is not typically collected by the other group from first-time visitors, will not be transferred. It is also understood that information is separated for each organization and each organization only has access to the information which that organization stored with the exception of some personal information which was transferred to another organization's database as per the process defined in this section. It is understood that if and when USER or a representative of USER uses the Online Camp Booking feature of the SYSTEM, USER has the option to transfer information to the camp facility's Connection Card enabled database. It is understood that the information being transferred is the same information which the camp facility would normally otherwise request of all participants or attendees of their camp and that the camp facility has also agreed to and is subject to the terms of this agreement. Camp Facilities which are granted access to select personal information about card holders originating from USER's account will only have access to such information during the time that card holders are physically present at the camp.
12) Camp Facility Card Hold Privacy: If USER is a camp facility, when card holders originating from other Connection Card enabled groups visit USER's camp facility, USER agrees that USER will not print or save unnecessary or excessive copies of personal information of camp attendees. USER farther agrees to destroy, shred, or delete all copies of personal information of campers once the camper leaves or once the group which the camper is with leaves, with the exception of any records which are required to be kept by law or by other contractual obligations or normal procedural practices so long as all information is stored and mainted in a secure environment. Select personal information about campers attending camp will be made available to Camp Facilities prior to the arrival of a camper, this select information is limited to first and/or last name, age, and gender.
13) Children: Children, age 12 and under, receiving Connection Cards from USER will not be granted automatic access to the Connection Card Online Interface. USER assumes all liability associated with collecting personal information from children, age 12 and under. When a card holder, age 12 or under, visits another Connection Card enabled location which is not his or her originating card location, a parent or legal guardian must be present to verify that it is ok for the group or organization which card holder is visiting to collect personal information on card holder from card holder's existing Connection Card account. It is the responsibility of the representatives of such a group or organization to verify that the card holder who is 12 years of age or younger has verifiable parental consent to allow card holder personal information to be collected. USER agrees to this term and agrees to take all appropriate actions to comply with this term. Children, age 12 and under, who wish to receive an access code or activation code in order to access the Connection Card Online Interface for their card account may have a parent or legal guardian request an activation code or access code on the child's behalf. The USER agrees to be responsible for making sure that verifiable parental consent is obtained before granting an access code or an activation code to any card holder who is 12 years of age or younger. USER may use any method to confirm verifiable parental consent, so long as it is consistent with the terms of this agreement and with all applicable local, state, federal, and international laws.
14) Confidential Information: USER hereby assumes all risk and liability for any confidential information which is saved, uploaded, or input by USER, USER's employees, volunteers, and/or anyone acting on behalf of USER or anyone whom USER grants access to. USER should not save Credit Card information or other highly-confidential information which may pose a security risk to any corporation or nation. Tax payer identification (including Social Security Number, Social Insurance Number, or Employer Identification Number) should only be stored in the appropriate places within the financial features of Connection Card and should not be stored in any custom fields. USER should limit access to confidential information to only those that absolutely must have access to it.
15) System Updates: COMPANY reserves the right to limit system access during times of system updates, maintainance or other system issues, whether or not scheduled in advance. Although COMPANY will try to prevent system downtime and will work hard to maintain system uptime, there shall be no guarantee of uptime and USER accepts this risk.
16) COMPANY shall have the right to post text or image advertisements in any non-kiosk portion of the SYSTEM's web interface which are related to any product or service offered by COMPANY, their partners, affiliates, or associates, so long as these advertisements do not impede the use of the SYSTEM as per the discretion of COMPANY. No advertisements of any type will appear within the kiosk-viewed portions of the SYSTEM's web interface.
17) Limit of Liability: USER hereby holds harmless COMPANY, their partners, associates, affiliates, employees, and successsors from any and all claims which may arise out of use of SYSTEM. USER waives COMPANY, their partners, associates, affiliates, employees, and successors from any and all liability of USER's use of SYSTEM, including but not limited to, data loss, system downtime, system sustainability, system use, viruses, trojans, security, USER privacy, any privacy matters, and the like. To the extent allowed by law, USER hereby agrees to never file suit against COMPANY, their partners, associates, affiliates, employees, or successors for any reason whatsoever, whether known or unknown.
18) Audits: COMPANY reserves the right to audit any account, any organization's account or any user's account at any time for any reason in order to maintain the integrity of the system and the integrity of accounts. Such audits will likely not impede USER's user of system and should usually not require any additional input from USER. COMPANY reserves the right to monitor USER's use of SYSTEM in order to maintain and improve the overall quality of SYSTEM.
19) Termination: If USER is found to be in violation of this agreement, draining an unusually high-amount of system resources beyond the intention of SYSTEM, or using SYSTEM in an illegal or inappropriate way, or in an attempt to gain access to information about other users, USER's account may be immediately suspended or terminated at the discretion of COMPANY without notice. The termination of USER's account will result in the immediate revocation of this license without refund of any fees already paid.
21) USER's Warranties: USER warrants that USER will not sell, barter, trade, give, or distribute any personal information collected from USER's card holders in any way. USER warrants that all information collected from USER's card holders will be used for internal educational, administrative and/or ministerial purposes only to the extent required by USER's educational or religious organization and to the extent necessary for USER's liability or for obligatory assistance with law enforcement. USER warrants that information collected by minors under the age of 13 is collected with the knowledge and consent of minor's parent or legal guardian. USER warrants that access to all personal or contact information obtained using SYSTEM will be limited only to those staff, teachers, faculty and leaders (including volunteers) who are required to view information in order to carry out ministerial, educational, administrative, technical or organizational tasks, also understanding that USER is able to grant and revoke specific permissions from certain individuals. USER releases COMPANY from the liability presented by the "Children's Online Privacy Protection Act of 1998" and agrees to assume liability upon self for individual compliance of that act.
23) Text Messages: If USER chooses to use the text message capabilities offered by SYSTEM, there is an additional fee. USER's account is limited to the agreed upon number of sent text messages per month and COMPANY does not make any guarantee that USER will be able to send more than the allotted number of text messages. The text messaging service is provided through a third-party service, COMPANY makes no warranty or guarantee that third-party software or services will be operable. If USER uses text messaging capabilities, USER authorizes COMPANY to create a local phone number for USER's account. USER will not use text messaging services or capabilities for spam, fraud or illegal activities and will not use it to misrepresent or impersonate any party. USER is solely responsible for their organization's use of all text messaging capabilities and holds harmless COMPANY and SYSTEM in the event that USER or users authorized by USER have used any functionality of SYSTEM for fraudulant or illegal activities. USER authorizes COMPANY to send text messages on their behalf when created by USER. This includes automated text messages and reminders which are part of SYSTEM's text message capabilities. USER understands that he/she is solely responsible for the settings related to how SYSTEM sends text messages within his/her account. COMPANY reserves the right to refuse service, disable text messaging capabilities, or cancel an account, without refund, if found in violation of any of these terms.
24) Payment Processing: If USER chooses to use the donation and payment processing services offered by SYSTEM, there is an additional monthly or annual fee. All payments processed through SYSTEM are subject to a transaction fee, agreed upon at the time that USER subscribed to the payment processing service. USER authorizes COMPANY to collect and process payments and donations on their behalf. COMPANY is merely acting as a payment processor. All funds collected are transferred directly from the payer's bank to USER's bank, minus applicable transaction fees. COMPANY may not declare processed payments as income and may not claim payments processed on behalf of USER as expenses or donations. USER is accepting payments directly via means of SYSTEM's payment processing capabilities. In the event that additional transaction fees apply, such as exchange rates or international card processing, USER is subject to the payment of those fees, which may be deducted from a received payment or which may be billed to USER. USER authorizes COMPANY to act as USER's payment processor and payment gateway, whichever and wherever applicable. USER agrees not to use payment processing services in a fraudulant or illegal manner and will not accept payments for illegal or fraudulant activities, purposes, goods, services or products. USER holds harmless COMPANY and SYSTEM from any of USER's uses of payment processing services. USER agrees to declare all payments received through SYSTEM's payment processing services as income and report to the applicable tax agencies. USER is liable for reporting and for paying all taxes, levies, and tarriffs imposed on all income received through SYSTEM's payment processing services and agrees to make all applicable declarations. COMPANY reserves the right to refuse service, disable payment processing capabilities, or cancel an account, without refund, if found in violation of any of these terms.
25) Reverse Phone Address Lookup: If USER chooses to use the reverse phone number address lookup service offered by SYSTEM, there is an additional monthly or annual fee. USER agrees to use this service only for obtaining addresses associated with members, guests, and other individuals which have an association or connection to USER's organization. USER will not use this service for fraudulant or illegal activities. If USER's use of this additional service becomes excessive, COMPANY reserves the right to limit USER's use of this additional service without refund or adjustment of fees. COMPANY reserves the right to refuse service, disable reverse phone address lookup, or cancel an account, without refund, if USER violates any of these terms.
26) Background Checks and Criminal Record Checks: If USER chooses to use the background check capabilities of SYSTEM, there will be an additional fee associated with each background check performed. USER understands that any users or persons authorized by USER to run background checks will be authorized to authorize these additional fees. The cost of each background check will be clearly presented to USER prior to ordering each background check. USER will have the ability to accept the cost or cancel the order. Once an order for any background check is place, it may not be refunded. All background checks are non-refundable. Background checks are performed through a third-party background check service. Background checks are run through a series of databases and lists to obtain the most accurate background check available, however, COMPANY and SYSTEM do not make any guarantee or warranty that any background check performed is complete and without error or ommission. USER agrees that USER will obtain consent from any individual prior to running a background check on that individual. USER warrants that USER is solely responsible for knowing, understanding, and carrying out the laws within the applicable jurisidction with regard to background checks, storing and securing information, initiating background checks, obtaining consent to run background checks, and making decisions based on background check results. USER authorizes the cost of each background check order to be immediately debited to their account or to their payment method which is on file and agrees to pay all charges immediately. COMPANY reserves the right to refuse service, disable background check capabilities, or cancel an account, without refund, if USER violates any of these terms.
27) USER warrants that it will comply with all applicable laws and regulations, and that if USER is found to be non-compliant, COMPANY may take any action necessary to restrict, prevent, or revoke USER's access to SYSTEM, either temporarily, indefinitely, or until USER has become compliant.