Terms and Conditions

1. RULES

1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THE ZIPCARD OR THE ZIPCARD SITE. If you use the The ZipCard web site, zipcarded.com, (the "Site") and any of the services provided through it and through the physical ZipCard card, you are agreeing to abide by all of the provisions set forth in this Agreement between you and ZipCard.

1.2 ZipCard is based in New York, New York.  ZipCard makes no claims that the Content (see Section 2.1) is appropriate or that it may be downloaded or used outside of the United States. Access to the Content or Product (see Section 2.3) may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

1.3 ZipCard may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the site.

1.4 ZipCard may discontinue, change, or suspend any aspect of the site or the products that are offered via this site or its card at any time with no liability, monetary or otherwise, to users. ZipCard may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. ZipCard may impose limits on features, including services, use, or restrict your access to parts or all of the Site without notice or liability.

1.5 These Terms and Conditions may be available in multiple languages on various zipcarded.com websites; in the case of a conflict between any other language version and the English language version of these Terms and Conditions, the English language version shall always control.

2. ZipCard CONTENT & PRODUCT

2.1 The Content and Product contained in the Site are intended for your informational, demonstration, educational, networking, marketing and shopping purposes only. All materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the "Content") are protected by copyright, and owned or controlled by ZipCard or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.

2.2 ZipCard does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.

2.3 The site and its Content are protected by copyright pursuant to U.S. and international copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce , create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of ZipCard, except that you may reproduce as provided herein.

2.4 Content or Product is subject to change without notice at the sole discretion of ZipCard. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy your ZipCard and any copies you have made of any portion of the Content or Product.

2.5 Some of the Content and Product are furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects.

3. PRIVACY STATEMENT AND POLICIES

3.1 ZipCard is committed to protecting the personal information that you provide to us when using the ZipCard Site. This Online Privacy Statement describes how we treat all user data collected during your visit to the ZipCard Site, both anonymous data and personally-identifying data.

The ZipCard may occasionally update this Statement. We will post any changes on this Web page, so be sure to check back periodically. If we do make material changes, we will post a notice on our home page that the Online Privacy Statement has been modified and provide a link to the revised Online Privacy Statement. Any information that you submit after a change has been posted will be subject to the new provisions.

3.2 We collect two types of User Data: (1) anonymous data that is automatically collected from all visitors to the ZipCard Site; and (2) personally-identifiable data that you voluntarily submit to us (described below under "Personal Data").

Anonymous Data. We automatically collect Internet Protocol addresses and domain names through our server and through cookies. (See the section on Cookies below for more information.) We also track the number and frequency of hits per page on an aggregate basis.

Personal Data. We may collect Personal Data that you voluntarily provide, such as your name and postal address, phone number, e-mail address, and similar information, when you participate in certain activities on the ZipCard Site, including (but not limited to) when you:

- join or renew your membership to the ZipCard
- sign up for our ZipCard e-mail network ;
- participate in one of our online surveys; or
- participate in any activity that requires your Personal Data.

3.3 We collect some data through the use of cookies. Cookies are alphanumeric identifiers that are transferred either to your computer's hard drive ("Long-term Cookies") or temporarily to your computer's Random Access Memory ("Session Cookies").

We use Long-term Cookies only when you select a "remember" option on the ZipCard Site, for example the "remember my login" option offered when you log on to the ZipCard Site.  If you select these options, a Long-term Cookie will be stored on your computer's hard drive solely for the purpose of automatically filling in the remembered information, for example, automatically filling in your password when you log in to the ZipCard Site. These "remember" options are offered only for your convenience and are completely voluntary. If you do not select a "remember" option, no Long-Term Cookie will be stored on your computer's hard drive.

We use Session Cookies whenever you visit the ZipCard Site to run the Site's interactive applications, such as the rewards program. Session Cookies last only as long as your session on the ZipCard Site. They expire when the session ends and are not written onto your computer's hard drive.

3.4 We use anonymous data to identify the source of user traffic, but we are not able to use this data to identify individual users. We use data on which sections of the ZipCard site are most visited, so that we can evaluate the popularity of our different Web pages and continue to improve the ZipCard Site. We do not link any anonymous data with the Personal Data you provide to us.

We use your Personal Data for various purposes:
- To fulfill the request for which you specifically provided the data;
- To allow you to set and change user preferences;
- To allow you to renew your membership in the ZipCard;

The ZipCard Site is hosted by servers in the United States. Accordingly, if you are located outside of the United States, the Personal Data you provide to us will be transferred to the United States. By submitting your Personal Data, you consent to its transfer and storage in the United States and its use in accordance with the purposes for which it was originally collected (see below regarding third-party sharing of Personal Data from non-U.S. residents).

3.5 We enter into agreements with outside companies to provide services to our users. When we enter into such agreements, we require that these companies adhere to the same strict privacy standards in regards to the security and confidentiality of your information. We also do not allow such third party companies to disseminate your information to any other party.

3.6 As a service to our users, we partner with unaffiliated third parties to offer products and services. At no time is your confidential information provided to these third parties.

3.7 There may be occasions where we are legally required to disclose information about you, such as in response to a subpoena, to prevent fraud, or to comply with a legally permitted inquiry by a governmental agency.

3.8 Our site provides an opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you. Further, by not opting-out at the applicable places, you are opting-in to our use of your private information as laid out in this privacy statement and policy.

3.9 If you linked to this site from another site, use of that site is subject to the privacy statement and policies of that site.

3.10 This web site contains links to other sites. Please be aware that ZipCard is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.

3.11 The Personal Data we collect about you is stored on a secure, password protected server. We use industry-standard encryption technologies with respect to the receipt and transfer of Personal Data you submit to us on the Zipcard Site and only authorized personnel have access to your information. Nevertheless, despite our best efforts, no transmission over the Internet can be guaranteed to be 100% secure.

3.12 To update your Personal Data or to make corrections, you can do so by using your Member Page or by sending us the update via postal mail sent to Membership Department, 67 Clinton Street, NYC, NY 10002.

Note: Use of this Site constitutes consent to monitoring. All web site traffic on this site is monitored for copyright, security, and statistical purposes. Unauthorized attempts to upload or change information, to download the entire web site, or otherwise cause damage are strictly prohibited and may be punishable under any applicable local, state, federal, and/or international laws.

4. MEMBERSHIP

4.1 Users that decide to become a Member of ZipCard must pay annual membership dues. Upon full receipt of payment the Member understands that the membership fee will be automatically debited annually. Membership payments are non-refundable and will not be pro-rated due to early termination. By becoming a Member you are agreeing to the non-refundable annual billing and it is understood that a charge will be made to your credit card account and at that time is non-refundable. It is the Member's sole responsibility to terminate the membership before the reoccurring billing date.

4.2 It is understood and agreed that, should any or all of the services offered by the ZipCard or the ZipCard site be discontinued, the annual membership fee paid by users of the ZipCard and the ZipCard site will not be refunded.

5. COPYRIGHTS AND TRADEMARKS

5.1 Copyright Notice

Copyright 2012 ZipCard, 67 Clinton Street, NYC, NY 10002. All rights reserved. All material on this site is owned by ZipCard, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is prohibited.

5.2 Trademarks

ZipCard is a trademark of Torquay NY LLC. The names of companies and products mentioned and contained on the Site may be the trademark of their respective owners.

6. IDEA SUBMISSIONS

Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.

7. REPRESENTATIONS AND WARRANTIES

7.1 You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.

7.2 USE OF THIS SITE AND THE ZIPCARD PRODUCTS IS AT YOUR SOLE RISK. ZIPCARD DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK.

7.3 THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ZIPCARD AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. ZIPCARD AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRSENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.

7.4 ZIPCARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABILE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTIAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZIPCARD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE AND ALL OTHER ZIPCARD SERVICES. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

8. TRANSMISSION

ZIPCARD IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT LIMITED TO, THE FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET, ROUTERS, CARRIER LINES, AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND INTERNET SERVICE PROVIDERS. THESE DEVICES ARE MAINTAINED, SERVICED, AND OWNED BY THIRD PARTIES. THEIR MAINTAINANCE AND SERVICE IS OUT OF THE CONTROL OF ZIPCARD.

9. INDEMNIFICATION

You agree to defend, indemnify and hold ZipCard, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. ZipCard will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.

10. LINKS

ZipCard is linked to by other Internet sites and resources. ZipCard is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.

11. PROTECTION OF ID AND PASSWORD

You are required to have a password and user ID to access portions of our Site.  Additionally, you are given a membership ID, a password, and a user ID assigned specifically for your use only. Any abuse of your password, membership ID, or user ID may result in termination of said membership.

11.1 You are given a password and a user ID during registration. The password you are given is the pin number of your first order. You can change your password through account management in the "Membership" section of the Site. Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.

11.2 You must notify ZipCard at, security@zipcarded.com,  of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.

11.3 You are responsible for any and all use and activity on your ZipCard account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at ZipCard’s sole discretion, grounds for termination of your account. In certain circumstances, ZipCard may refer you to appropriate law enforcement agencies.

12. USE OF SOFTWARE

12.1 Software that is made available to download from this Site ("Software") is the copyrighted work of ZipCard, its Customers, Partners, Suppliers, or Affiliates. Your use of the Software is governed by the license agreement ("License Agreement"), if any, that is included with the Software. You may only download and install Software, that contains a License Agreement, upon agreeing to the License Agreement terms.

12.2 The Software provided to and downloaded by you in accordance with Section 11.1, is licensed to you, subject to the terms contained herein. You have no rights to the Software, code, enhancements, or modifications provided to you beyond the terms contained in the License Agreement. You may not assign, sublicense or transfer any license granted to you by ZipCard, its Customers, Partners, Suppliers, or Affiliates. Any attempt to sublicense, transfer, or assign shall be null and void, as if no such attempt had been made. You may not copy, create derivative works, reverse engineer, distribute, or modify the software, code, enhancements, or modifications except that you may make one copy for archival purposes.

12.3 Your use of the Software constitutes your acknowledgment that the Software, and any accompanying technical information and documentation, is subject to applicable United States of America export controls laws and regulations. Further, you agree that you will not export or re-export the Software directly or indirectly to any countries that are subject to United States of America export restrictions.

13. TERMINATION

13.1 You can terminate your account at any time. All Membership are billed with automatic renewal. Memberships payments are non-refundable and will not be prorated due to early termination. To terminate your account, send an e-mail to: accounts@zipcarded.com . It is the Member's responsibility to notify us of cancellation before the next reoccurring cycle. Zipcard is not responsible for failure to notify ZipCard or the Member's credit card company of termination and will not provide any refunds for the Member's failure to contact said company.

13.2 ZipCard may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination include, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of ZipCard and/or its Customers, Partners, Suppliers, or Affiliates.

14. CHOICE OF FORUM

These Terms of Use and the relationship between you and ZipCard shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within New York County, in the State of New York for the resolution of any disputes arising out of or relating to these.

15. CHOICE OF LAW

The User Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.

16. UNITED STATES INFORMATION CONTROLS

The United States government polices and controls the export of products and information, including, but not limited to, software. You must comply with restrictions placed on products and information by the United States government and not export or re-export the Content, Information, Service, Products, Software, or Demonstrations to countries or persons prohibited under the export control laws. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are agreeing that you are not in a country to which such export of products and information is prohibited. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are also agreeing that you are not a person or entity to which such export of products and information is prohibited. You are solely responsible for complying with all laws of your local jurisdiction, as well as laws of the jurisdictions in which the information travels through to got to you, regarding the import, export, or re-export of the Content, Information, Service, Products, Software, or Demonstrations.

17. SEVERABILITY

If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.

18. WAIVER

No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.

19. FORCE MAJEURE

ZipCard is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to ZipCard.

20. COMPLETE AGREEMENT

These provisions constitute the entire Agreement between you and ZipCard with respect to the use of the ZipCard Card and the ZipCard Site and any Software, Content, or Product contained therein or , unless specified and marked "ADDENDUM" on the site.

21. OFFICIAL CORRESPONDENCE

Official correspondence must be sent via postal mail to:

ZipCard

67 Clinton Street
New York, NY 10002

In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, ZipCard, 67 Clinton Street, New York, NY 10002  or by e-mail at info@zipcarded.com