Terms of Use
| Kwedit Terms of Use |
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(Revised April 2, 2010)
0. Introduction. We (Kwedit, Inc.) operate this Website to enable access to our Kwedit Payment Network™ (the “Network”) by persons thirteen years of age and older. If you access or use the Website or the Network (the “Content”), then you agree to these terms. Because your access or use is acceptance, please read these terms very carefully. If you don’t agree to the terms, then please don’t access the Website or use the Content. Specific areas of this Website may have additional or different terms and conditions. If there is a conflict between this Agreement and a more specific term of use, then the more specific term will apply. Kwedit may modify these terms at any time at our complete discretion without prior notice and the changes will be effective immediately. Continued use indicates your renewed acceptance of the revised terms. The most recent revision date for these terms is identified above. You are accepting these terms voluntarily and without duress after carefully reviewing them and having an opportunity to consult counsel of your choice. Kwedit may reasonably rely on these assurances.
The Network is a proprietary, web-based software as a service that allows its users to buy, license, access and use various participating third party (“vendor”) internet offerings and either to pay for them currently or to promise to pay for them later. If you make a promise to pay for something later, you are called a “promisor”. This “promise” is not a legally binding obligation. Neither we nor the vendor can pursue a claim against you if you elect not to keep your promise to pay later in accordance with these terms. The Kwedit Network does keep track of who keeps their promises, however, and your ability to continue to use the Network or access vendor offerings and related features and promotions can be limited by nonpayment.
Payment can be made or a promisor can fulfill a promise with payment by regular mail, credit card, or application of any available surplus (or “Kweds”) in the promisor’s account, through participating retailers such as a 7-ELEVEN store or prepaid card, or through a friend or a relative who has agreed to pay on your behalf. The person making the payment is called a “payer”. Upon receipt of a payment, the promisor and payer accounts are updated. We pay our vendors, adjust appropriate promisor and payer accounts and update each promisor’s and payer’s standing on the Network with proprietary methods. Promisors who fulfill their promises can continue to “play now and pay later” on the Network subject to vendor policies and continuing availability at our discretion. Payment through participating retailers is processed through a “Kwedit Slip”, currently a proprietary form printed by payer) that is presented to the retailer and that includes the information necessary to process the payment and adjust the appropriate accounts. The Kwedit Slip may use other information exchange protocols (e.g., barcodes/cellphones) and may include other promotional material. Kwedit has separately contracted with various vendors and retailers and established their terms of use for the Network. Your use of the Network as a promisor and payer is subject to these terms below. Please review these terms closely. Failure to abide by them could disable use of the Network and limit access to vendor offerings as well as create legal liability.
Please do not confuse the promise to pay later functionality offered on the Network with real-world credit and binding obligations to pay. If your account has a surplus, you will be deemed to have purchased a virtual currency called “Kweds” that can only be used on the Network. Kweds are not a real-world currency, have no monetary value and cannot be redeemed, used or exchanged for value outside of the Network. All payments are final and non refundable, except at our discretion or as required by law.
Kwedit is not responsible for content on sites using the Network, e.g., vendor sites. Kwedit is not a bank, money services business or money transmitter. The Network may not be used by persons under the age of thirteen or to send or receive payments for: any form of gambling activities; where the total payment amount exceeds two hundred dollars per day or one thousand dollars per month (or US dollar equivalents); controlled substances, prescription drugs, steroids, or paraphernalia; copyrighted materials where the vendor does not have the proper license or right to sell such materials; or any unlawful activity. Again, you must be at least thirteen years of age to use the Network. You assure us that you are not younger than thirteen years of age and we may reasonably rely on this assurance.
Pursuant to these terms, Kwedit will at its complete discretion: (1) Create and host an account for each promisor and payer (including proposed friends and family) upon Kwedit's verification and approval of information submitted during the registration process; (2) Process payments and timely and accurately credit and debit an account using vendor policies, payment history and Kwedit’s proprietary methods; (3) Issue Kweds for account surpluses; (4) Reflect the terms of third party offerings and promotions when adjusting accounts; (5) Adjust and assess each promisor’s/payer’s standing or honorary credit score; and (6) Provide standard support information to address inquiries regarding use of the Network.
Promisor and payer must provide complete and accurate information during the registration and payment process and must timely and truthfully update all account information when active. Promisor and payer must not create false or multiple identities without Kwedit’s express approval. Promisor and payer expressly authorize Kwedit to exercise all reasonable and lawful measures to verify the information provided. Promisor and payer will not use any information provided through the Network for any purpose other than for making payments and fulfilling promises. Promisor and payer will always act reasonably and in good faith in connection with activities on the Network, recognizing that the Network’s purpose is to facilitate internet commerce and enhance the integrity of internet-based transactions, particularly for persons without credit cards. If Kwedit concludes at its complete discretion that any user detracts from this purpose, Kwedit may remove the user's Kwedit balance, and/or prohibit the user from using some or all of the Network, and/or publish its conclusion and publicly identify the user in order better promote this purpose.
This Website and the Content are for your own personal, noncommercial use, rather than for resale or distribution purposes. For any other proposed use, you may request permission by contacting webmaster@Kwedit.com. Kwedit reserves the right to terminate your access to all or any portion of the Website and the Content. The terms of this Agreement will continue as applicable, however. More specifically, while using the Network, you agree not to:
Kwedit makes no representation or warranty that the Website or the Content is appropriate or available for use outside the United States. If you access this Website from outside the United States, you do so at your own risk and are solely responsible for such use.
As part of the registration process, you will be asked to select a username and password and you will have an opportunity to provide an image or photo. We may refuse to grant you a username or allow the use of any image or photo that is confusing or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, as determined by us in our complete discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Network to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by logging into your account and changing your password and immediately notify us of the problem by emailing us at security@kwedit.com.
Once a balance has been established in your account, such credits or Kweds may be used for the purchase of then eligible vendor offerings. We reserve the right to change eligible vendors without notice and cannot guarantee the availability of a specific vendor. Any account balance remaining after one year’s inactivity will be cancelled at our discretion, except to the extent unlawful, in which case such balance will be made available to a charity designated by Kwedit that promotes that integrity of internet commerce, again, except to the extent unlawful. Although you may view your account on the Website, you will not be issued a statement in connection with your account. Neither Kwedit nor any vendor or supplier will be held responsible if portions of your account are lost, stolen, destroyed or used without your permission.
No credit card, credit line, overdraft protection or deposit account of any kind is associated with your account. Unless otherwise required by law, any value associated with your account is non-refundable and may not be redeemed for cash. We do not pay interest or any other earnings on any value associated with your account. The value associated with your account is not insured by the FDIC or any other federal or state agency. If you permit someone else to use your account, we will treat this use as if by you. You cannot cancel the issuance of Kweds or require refund or redemption. Kwedit does not act as the agent or representative of any Destination Bank or the National Automated Clearing House Association for any purpose and does not accept deposits on behalf of any bank or financial institution. Kwedit accepts no responsibility to User for any acts or omissions of the Destination Bank or intermediary financial institutions. Kwedit does not endorse or recommend the services of any specific bank or financial institution.
1. Privacy and Links. Kwedit may, but is not obligated to, monitor usage of the Website and complaints related to it. We may track the pages you view for our web performance records. Except as necessary to limit fraud and to promote the integrity of internet commerce, we do not collect any personally identifiable information, unless you voluntarily submit it to us. (We may also receive your email address from a participating vendor to whom you have provided it, when the vendor transfers your account to us for processing. We would pre populate your email address field with this information, subject to your ability to cancel the process, in which case we will not retain this forwarded email address. If you confirm the information, we will retain the email address as if you had voluntarily submitted it to us directly.) Any personal information you do voluntarily submit to us signifies an interest in Kwedit and we may use it in connection with the Network. Kwedit may, at any time, in its sole discretion, use third parties to facilitate or perform all services associated with the Network, provided that they agree to abide by Kwedit’s Privacy Policy. User expressly authorizes all such third party service providers to undertake and perform their respective responsibilities, including, without limitation, use and disclosure of nonpublic personally identifying information both within and outside the United States of America. Kwedit may provide links to other websites. Kwedit is not responsible for other sites, their content or their privacy practices. These links are not an endorsement or recommendation by Kwedit of these websites or any content of the websites. Any sweepstakes, promotions, contests or games that are accessible through the Network or these links are governed by specific rules. We urge you to read the applicable linked rules. Use of the Network with online games or online/mobile content will require an Internet connection and may require the download, installation and/or purchase of certain software or equipment for which you are responsible. Customer service and support in connection with the purchase of eligible goods or services is provided by the specific vendor. We do not assume responsibility or liability for the actions, content, goods or services of any vendor. See our Privacy Policy.
2. Ownership. Kwedit and/or its suppliers either own all right, title, and interest in the Website and the Content or have a license to such Website and Content, and may change the Website or the Content at any time. The Website and the Content are protected by copyright and other rights or laws. You will not challenge either Kwedit’s or its suppliers’ rights in the Website or the Content. You will not delete or alter any intellectual property notices contained in the Website or the Content or any personal copies you make of any Content which are permissible pursuant to the Agreement. You may report bugs and fixes, provide feature requests, comments, testimonials, feedback and suggestions to Kwedit (“Feedback”). Kwedit will own all intellectual property rights in the Feedback and may use the Feedback without any compensation, notice or attribution to you. KWEDIT AND THE PAYMENT PROMISE NETWORK are marks of Kwedit, Inc. Third party marks used in connection with the Website and the Content are those of their respective owners. You are not entitled to use any of these marks without permission of the owners of the marks. Reference to any products services, trademarks, or service marks on the Website or in the Content is not an endorsement or recommendation by Kwedit of these products or services. Click here “DMCA”, if you believe your copyright has been violated by any Content.
3. WARRANTY DISCLAIMER
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS.” KWEDIT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. KWEDIT DOES NOT WIARRANT THAT THE WEBSITE OR THE CONTENT ARE ACCURATE, THE FUNCTIONS CONTAINED IN THEM WILL MEET YOUR REQUIREMENTS, OR THAT THEIR OPERATION WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER COMPONENTS THAT MIGHT CAUSE DAMAGE TO YOUR PROPERTY, OR THAT DEFECTS OR ERRORS IN THE WEBSITE OR THE CONTENT WILL BE CORRECTED. YOUR SOLE REMEDY FOR ANY SURVIVING WARRANTIES WILL BE TO CEASE USE OF THE WEBSITE AND CONTENT OR TO TIMELY ADVISE KWEDIT OF ANY DEFICIENCY AND ALLOW KWEDIT TO CORRECT IT TO THE EXTENT PRACTICAL AS REASOANBLY DETERMINED BY KWEDIT. THE DURATION OF ANY SURVIVING WARRANTY THAT CANNOT BE DISCLAIMED WILL NOT EXCEED NINETY DAYS OR ANY LONGER LEGALLY SPECIFCALLY MANDATED PERIOD.
4. LIMITATION OF LIABILITY
KWEDIT WILL NOT BE LIABLE TO ANYONE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE, INABILITY TO USE, OR OPERATION OF THE WEBSITE OR THE CONTENT. KWEDIT WILL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING, FOR EXAMPLE, BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, EVEN IF KWEDIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL THE KWEDIT GROUP BE LIABLE TO USER IF LOSSES RESULT FROM: use of the Network in a manner that violates applicable law or these terms; losses or delays in transmission of instructions arising out of the use of any internet access service provider or caused by any browser or other software; provision of late, incorrect or incomplete information; malfunction or inoperability of any equipment or systems; insufficient creditworthiness or lack of good standing based on Kwedit’s proprietary methodologies; circumstances beyond Kwedit's reasonable control, such as, but not limited to, power outages, fire, flood, change of law or enforcement practices, mechanical, telecommunications or systems failures; interception of payments by legal process or other encumbrances restricting execution of the payment; Kwedit's inability to confirm user's identity; or, suspected fraud.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, KWEDIT’S TOTAL LIABILITY TO YOU WILL NOT EXCEED $1 and we reserve the right to modify other terms to adjust assumed risk equitably in the event that some limitations do not apply.
5. Disputes. In consideration of Kwedit’s providing to you access or use of the Website and the Content, you agree to waive all rights to a jury trial and instead agree to arbitrate all claims or disputes with Kwedit and the Kwedit Group arising out of or related to these terms (“Disputes”). Disputes are subject to binding arbitration under the arbitration rules set forth under Delaware USA law. You understand that this agreement to arbitrate also applies to all Disputes that Kwedit and the Kwedit Group may have with you. You agree that any arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), pursuant to its Streamlined Arbitration Rules & Procedures (the “JAMS Rules”) in San Francisco, California by one or more arbitrators as described in the JAMS Rules, unless Kwedit elects to designate another arbiter and process that is impartial. The arbitrator(s) will have the power to decide any motions brought by any party to the arbitration prior to any arbitration hearing, will issue a written decision on the merits, will have the power to award any remedies, including reasonable attorneys’ fees and costs, available under applicable law, and will administer and conduct any arbitration in a manner consistent with the JAMS Rules (or alternative process, if applicable). Each party will pay their own arbitration costs pending the arbitrator’s decision. All Disputes must be commenced within one year after the Dispute arises. The decree or award rendered by the arbitrator may be entered as a final and binding judgment in any court having jurisdiction. The arbiter shall award attorneys’ fees and costs to the prevailing party except as prohibited by law. Arbitration will be the sole, exclusive, and final remedy for all Disputes, except that Kwedit may seek equitable relief in any court with jurisdiction for any misappropriation of its intellectual property rights.
6. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Delaware, USA, except for its conflict of law rules. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts in Delaware for all purposes concerning arbitration or court actions pursuant to this Agreement. This Agreement constitutes the complete and exclusive expression of the agreement between the parties and supersedes all communications relating to the Website and the Content. These terms will not be construed against any party for reason of its drafting or preparation and may be modified or waived only in writing. If any term is determined to be unenforceable, then that term will be modified or removed to the extent necessary, and all other terms will remain in full force and effect to the extent equitable. These terms bind and benefit the, executors, administrators, and permissible assigns of both parties. You may not assign or transfer any of your rights or delegate any of your duties related to these terms. Kwedit may assign its obligations and delegate its duties under this Agreement at its complete discretion.
7. Indemnification. At your expense, you will defend and indemnify Kwedit and its employees, consultants, service providers, trustees, officers, and directors, and any third parties Kwedit uses to implement the Website or the Content (the “Kwedit Group”) from and against any claims filed against them by any third party or damages suffered by them, arising out of, relating to, or resulting from your use, inability to use, misuse, or operation of the Website or access to the Content, and from your breach of any of these terms.
8. California Notice. Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
9. DMCA. Kwedit, Inc. respects the intellectual property of others. It is our policy to respond to any notices of alleged copyright infringement. To file a notice of infringement with us, you must provide a written communication, by fax or regular mail, not only by email, that sets forth the items specified below. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Please consult an attorney prior to sending a notification.
Failure to include all of the above information may result in a delay of the processing of your complaint. In accordance with the Digital Millennium Copyright Act and in accordance with these terms of use, Kwedit reserves the right to terminate Website and Content access to users who are repeat infringers of the rights of copyright owners. |
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