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This Internet site at https://www.allstarcardsystems.com
(the "Site") is owned and operated by AllStarcard Systems Corporation
("AllStar Card Systems"), and is subject to the following terms and
conditions ("Terms of Use"). By accessing or using the Site, you signify
your and your company's agreement to these Terms of Use. If you do not
agree to these Terms of Use, please do not access or use the Site.
In
order to access and use the Site, you may be required to provide
information about yourself (such as your name, contact details and basic
profiling data, including type of company and products and services
used) as part of the registration process for the Site. You agree to
provide AllStar Card Systems with accurate, correct and up to date
information. Note that we describe our current practices related to
personally identifiable information collected through the Site in our
Privacy Statement. By accessing or using the Site, you signify your
agreement to the Privacy Statement.
Ownership, Copyright, and Trademark Notices
All
information, text, graphics, software, and other content that make up
the Site ("Materials") are the property of Zebra or its licensors. You
acknowledge that certain Materials available on the Site are protected
by copyright, trademark, patent, or other intellectual property rights
of AllStar Card Systems and its licensors. Except as expressly provided,
nothing within the Site or Materials shall be construed as conferring
any license under any of AllStar Card Systems' or its licensors'
intellectual property rights, whether by estoppel, implication, waiver,
or otherwise.
AllStar Card Systems grants you a limited,
personal, nontransferable, nonsublicensable, revocable license to access
and use the Site and Materials only in the manner presented by AllStar
Card Systems and as expressly permitted by AllStar Card Systems, and
where applicable, for the purposes of placing orders, checking the
status of orders placed and obtaining marketing leads on customer end
users. Except as expressly provided herein or as otherwise permitted by
mandatory provisions of applicable law, you agree that you will not
copy, reproduce, alter, reverse engineer, modify, create derivative
works, broadcast or publicly display any Materials from the Site without
the prior express written permission of AllStar Card Systems.
Notwithstanding the foregoing sentence, you may download one copy of any
Material expressly designated by AllStar Card Systems as downloadable
for your personal, non-commercial use only, provided you keep intact all
copyright and other proprietary notices. Any other use of the Materials
for any other purpose is a violation of these Terms of Use and AllStar
Card Systems' or its licensors' copyright and other intellectual
property rights. Use of any such Material on any other web site or
networked computer environment is strictly prohibited.
Trademarks, Service Marks, and Trade Names
All
trademarks, service marks, and trade names appearing in the Site are
the property of AllStar Card Systems or the respective owners of such
marks or names, and are protected by U.S. and international copyright
and trademark laws. You agree not to defame or disparage AllStar Card
Systems and its trademarks, service marks, and trade names, or any other
aspect of the Site or the Materials. Any use of any of the trademarks,
service marks, or trade names appearing throughout the Site without the
express written consent of AllStar Card Systems or the owner of the mark
or name, as applicable, is strictly prohibited.
Any rights not expressly granted in these Terms of Use are reserved.
Spidering, Monitoring, and Interference
You
agree you will: (1) not use any robot, spider, other automatic device,
or manual process to monitor or copy the pages of the Site or the
Materials contained herein without the prior express written permission
of AllStar Card Systems; (2) not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Site;
and (3) not take any action that imposes an unreasonable or
disproportionately large load on AllStar Card Systems's infrastructure.
Account Information
You
are responsible for maintaining the confidentiality of any user names
or passwords associated with any account you use to access the Site, for
monitoring all activity under the account, and you agree to assume full
responsibility for all activities that occur under your account (unless
such activities result from a security breach for which AllStar Card
Systems is responsible). You may not disclose or share your user name or
password with any third parties or use them for any unauthorized
purpose. If you become aware of any unauthorized use of your password or
your account, you agree to notify AllStar Card Systems immediately at
the email address or phone number provided for notice in the Privacy
Statement.
Products And Pricing
All products
sold as a result of accessing the Site will be subject to the then
current version of AllStar Card Systems' standard terms of sale unless
otherwise agreed by AllStar Card Systems. You agree that the prices,
configurations and availability of the AllStar Card Systems products may
be subject to change by AllStar Card Systems at any time.
Links to other Internet Sites
The
Site may contain links to other Internet sites and services that are
operated and maintained by third parties. You acknowledge, understand
and agree that AllStar Card Systems, to the extent permitted by law,
will not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
the use of or reliance on any such content, products or services
available on such other sites.
Changes
AllStar
Card Systems reserves the right to modify, suspend, or discontinue any
portion of the Site and Materials, or otherwise disable your access to
all or a portion of the Site, at any time, with or without notice.
AllStar Card Systems reserves the right to modify any part of these
Terms of Use at any time. Any modifications shall be effective upon
posting to the Site. You agree to review these Terms of Use periodically
so that you are aware of any such modifications. Your continued use of
the Site after any such modifications have been posted shall be deemed
to be your acceptance of any modifications to the Terms of Use. If, at
any time, the Terms of Use are not acceptable to you, you should
immediately cease use of the Site. You agree that the above-stated
standard for notice of modifications is reasonable.
WARRANTY DISCLAIMER
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE
MATERIALS IT CONTAINS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, ALLSTAR CARD SYSTEMS DISCLAIMS ALL WARRANTIES,
CONDITIONS, TERMS, REPRESENTATIONS AND UNDERTAKINGS, EXPRESS OR IMPLIED,
WHETHER ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY
ALLSTAR CARD SYSTEMS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
SATISFACTORY QUALITY, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ALLSTAR CARD SYSTEMS
DOES NOT WARRANT THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT ALLSTAR CARD
SYSTEMS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
ALLSTAR CARD SYSTEMS MAKES NO REPRESENTATIONS OR
WARRANTIES REGARDING (1) THE CURRENCY, CORRECTNESS, COMPLETENESS,
RELIABILITY, SUITABILITY, AVAILABILITY, OR OPERATION OF THE SITE AND THE
MATERIALS; (2) YOUR USE OF THE SITE OR MATERIALS; OR (3) ANY
THIRD-PARTY PRODUCTS AND SERVICES YOU MAY OBTAIN OR ANY THIRD-PARTY WEB
SITE YOU MAY ACCESS THROUGH THE SITE. DESPITE THE CHOICE OF ILLINOIS
LAW, THE MANDATORY LAW OF SOME JURISDICTIONS DOES NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, TERMS,
REPRESENTATIONS OR UNDERTAKINGS, SO THE ABOVE EXCLUSIONS ARE PROVIDED TO
THE EXTENT PERMITTED BY LAW AND SOME MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
ALLSTAR CARD SYSTEMS, ITS SUPPLIERS, OR LICENSORS, THEIR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES AND EACH OF THEM
BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
OR PUNITIVE DAMAGES, LOST PROFITS, REVENUE, INTEREST OR BUSINESS,
WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATED TO YOUR
OR ANY THIRD PARTY'S CLAIMS (INCLUDING, BUT NOT LIMITED TO, RELIANCE ON
OR THE USE OF, DELAY IN BEING ABLE TO USE, OR INABILITY TO USE, THE
SITE, THE MATERIALS IT PROVIDES, OR ANY OTHER HYPERLINKED WEB SITE OR
ANY THIRD-PARTY PRODUCTS OR SERVICES) REGARDLESS OF LEGAL THEORY, EVEN
IF ALLSTAR CARD SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. DESPITE THE CHOICE OF ILLINOIS LAW, THE MANDATORY LAW OF SOME
JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES IN CERTAIN
CIRCUMSTANCES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE
AGGREGATE LIABILITY WHICH ALLSTAR CARD SYSTEMS, ITS SUPPLIERS, AND ITS
LICENSORS, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND
AFFILIATES AND EACH OF THEM MAY INCUR FOR ALL DAMAGES, LOSSES AND CAUSES
OF ACTION EXCEED $100. THIS LIABILITY CAP WILL APPLY ONLY WHEN AND TO
THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY DESPITE THE EXCLUSION
AND LIMITATION IN THE PRIOR PARAGRAPH.
Indemnity
You
agree to indemnify and hold harmless AllStar Card Systems, its
suppliers and licensors, their respective officers, directors,
employees, agents, and affiliates, and each of them from any third-party
claim, liability, loss, damage, cost, or expense (including without
limitation reasonable attorneys' fees) arising out of or related to your
use of the Site or any Materials it contains; your failure to comply
with these Terms of Use; your infringement, violation, or
misappropriation of any third party rights or any applicable law or
regulation.
Jurisdiction
The Site is
controlled and operated by AllStar Card Systems from its offices within
the State of Illinois, United States of America. AllStar Card Systems
makes no representation that Materials in the Site are appropriate or
available for use in other locations. Those who choose to access the
Site from other locations do so on their own initiative and are
responsible for compliance with local laws, if and to the extent local
laws are applicable. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms of Use,
including without limitation this paragraph.
General
Unless
otherwise required by local law, these Terms of Use shall be governed
by, and construed in accordance with, the laws of the State of Illinois,
United States of America without regard to its conflicts of law
principles. AllStar Card Systems' performance of these Terms of Use is
subject to existing laws and legal process, and nothing contained in
these Terms of Use shall derogate AllStar Card Systems' right to comply
with law enforcement requests or requirements relating to your use of
the Site or information provided to or gathered by AllStar Card Systems
with respect to such use. We may provide notices to you via postings on
the Site, via email or via any other means of communication for which
you have provided contact information. If any provision of these Terms
of Use shall be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and
shall not affect the validity and enforceability of any remaining
provisions. No waiver of any provision of these Terms of Use by AllStar
Card Systems shall be deemed a further or continuing waiver of such
provision or any other provision, and AllStar Card Systems's failure to
assert any right or provision under these Terms of Use shall not
constitute a waiver of such right or provision. These Terms of Use
constitute the entire agreement between the parties relating to the
subject matter herein, and replace all prior or contemporaneous
communications, oral or written. If there is any discrepancy between the
English version and other language versions of these Terms of Use, the
English version shall prevail.
Date Last Modified: January 2, 2012.