Summary of the myContactCard Terms of Use

myContactCard User Agreement

myContactCard 'Free Service' are no charge to you, and there are no hidden obligations. Use of any of the myContactCard services (including, but not limited to the Free Service and the Premium Service), through both the myContactCard website and through the card access site (collectively the "Service") is governed by these Terms of Use. Use of the Service constitutes your agreement to follow these Terms of Use and to be bound by them. The Service is provided by myContactCard Inc., a Nevada corporation (the "Company") with offices at 8001 Irvine Center Drive, Suite 400, Irvine, Ca 92618. This User Agreement is a legal agreement ("Agreement") between you and myContactCard, please read the Agreement carefully before registering for the Service. By completing your registration and checking on the "I agree to the myContactCard Terms of Use" on the website, you will become a registered user of the Service (a "Registered User") and you agree to be bound by the Terms of Use of this Agreement for as long as you continue to be a Registered User. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT REGISTER FOR THE SERVICE. The Terms of Use are subject to change by the Company at any time, effective upon posting updated Terms of Use on our website; any use of the Service after such notice will constitute acceptance by you of such changes.

1. PRIVACY.

Please review our Privacy Policy located on our website www.myContactCard.com, which also governs your use of the Service, to understand our practices relating to usage of your information. By becoming a Registered User you agree to the terms of the Privacy Policy.

2. SUBCRIBE TO MYCONTACTCARD (OPT-IN).

To become a Registered User (opt-in) to our service, you can register from our website, www.myContactCard.com and we will guide you through the process.

3. MYCONTACTCARD CHARGES AND DATA STORAGE.

myContactCard does not charge for the ‘Free Service'. No credit card or future obligation to pay is required to use the Free Service.

Registered User agrees to pay all fees, including Subscription Fees, Implementation and Development Fees, if applicable, to the Company as specified in the Order Form (the "Fees"). The Company reserves the right to change the Fees to be effective for any successive term of this Agreement by delivering notice (which may be sent by email prior to the end of the then applicable term). The Fees exclude all applicable sales, use, and other taxes and Registered User will be responsible for payment of all such taxes. Any portion of the Fees that is not paid when due will accrue interest at two percent (2%) per month plus all expenses of collection, from the date when such payment was due until payment in full, with interest and collection expenses, is made. All Fees are payable in advance. The Fees will automatically be debited on the last business day of the billing month as described in the Order Form and automatically renewed for the original term. Registered User must contact myContactCard at Support@myContactCard.com thirty (30) days prior to the subscription term to cancel the subscription renewal. Payment by fraudulent means will result in immediate and permanent termination of the Services.

The Services may include hyperlinks, references, third party sites, or third party’s products or prices (collectively, the "Third Party Information"). The Company does not have control over or responsibility for such third parties or such Third Party Information, and such third parties are solely responsible for any such content or sites or performance accepting myContactCard programs.

Reasonable Use Policy

myContactCard products are designed and sold to the Registered User for individual email use only. myContactCard reserves the right to terminate services where the product is applied to other than individual email contact to contact applications e.g. bulk email or excessive list type applications including mass distribution blogs or other clickable platforms.

4. LIMITED LICENSE AGREEMENT.

myContactCard grants to the Registered User a non-exclusive, non-transferable, revocable, limited license to access and use the Services solely for Registered User’s internal purposes. Registered User agrees not to, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise translate or attempt to derive the Source Code or underlying ideas or algorithms of the Services; modify, adapt, alter, translate, or create derivative works based on the Services; copy or otherwise imitate the look and feel of the displayed Services; or otherwise use or copy the Services.

5. HELP AND SUPPORT.

Many common questions can be answered through the "Support" link on the web page. Problems with the Service can be submitted via the "User Feedback/Technical Request" via the "Support" link on the web page, through email to Support@myContactCard.com.

6. COPYRIGHT.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of myContactCard, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of MyContactCard, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of myContactCard, Inc. or its software suppliers and protected by United States and international copyright laws.

7. PROPRIETARY RIGHTS.

The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, patented and patent pending technology, and other proprietary information of the Company, its licensors and licensees.

8. COPYRIGHT INFRINGEMENT.

You shall be solely responsible for your own data and the consequences of publishing them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to upload all content used in your Service.

9. WARRANTIES.

a. THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

b. The Company does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.

10. LIMITATION OF LIABILITY.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.

11. INDEMNITY BY REGISTERED USER.

You will indemnify and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Service, including any breach by you of the Terms of Use in this Agreement.

12. NO RESALE OF SERVICES.

You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

13. COMPLAINTS.

To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Support" link on the MyContactCard web site or via email to support@myContactCard.com. For credit card transaction questions, call 949-309-3099.

14. TERMINATION (OPT-OUT).

You can stop using the Free Service at any time. You are under no long term obligations. If you have active subscriptions to any premium services and email STOP support@myContactCard.com, you will receive a clarification message to determine if you want to stop a subscription. ACTIVE SUBSCRIPTIONS ARE NOT CANCELLABLE. NO REFUNDS WILL BE GIVEN FOR ANY UNUSED PORTION OF THE ANNUAL SUBSCRIPTION TERM. THE ONLY CONDITION FOR A REFUND IS WHEN YOU CAN DEMONSTRATE THAT THE PRODUCT DOES NOT WORK IN YOUR EMAIL SYSTEM. REFUNDS WILL NOT BE HONORED IN ANY CASE AFTER 30 DAYS FROM YOUR INITIAL SUBSCRIPTION DATE.

As with most services, myContactCard reserves the right to terminate your account at any time effective upon providing you electronic notice via email message to the e-mail address on file. If myContactCard terminates your account for any reason, your right to use the Service immediately ceases. The Company currently does not plan to terminate any accounts, other than for non-use or for violating this agreement. Under no circumstances will the Company be responsible for lost or inability to access any Data due to the termination or expiration of this Agreement.

15. GOVERNING LAW.

This Agreement shall be construed and interpreted in accordance with Nevada law without regard to their conflict of law principles. The parties hereby consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California, for resolution of any disputes arising out of, related to, or in connection with this Agreement. If any legal action is brought to enforce this Agreement, the prevailing party will be entitled to receive its actual attorneys’ fees, court costs, and other collection expenses, in addition to any other relief it may receive. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16. WAIVER

The waiver by either party of a breach or default of any of the provisions of the Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or any other provisions, nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder, operate as a waiver of any breach or default by the other party.

17. SEVERABILITY

If any provision of the Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.