Legal

Privacy Policy

Terms of Service

DMCA Policy

Last Updated: March 16, 2021

Credit Card Curator, LLC (“Card Curator”, “CCC” “we” our” or “us”) respects your privacy and is committed to protecting it through our compliance with this privacy policy. This privacy policy explains our policies and procedures regarding the collection, use, disclosure, and security of certain information that we receive, with a focus on information that would be considered “personal information,” including information by which you may be personally identified. It is our sincere hope that by explaining our practices for handling information, we will develop a trusting and long-lasting relationship with you.

Card Curator provides services that enable you to maximize the efficacy of the use of your credit cards, including when and where to use the correct credit cards to maximize earning potential and the optimal way to use your points and miles for travel (as modified from time to time, collectively, the “Curator Services”).

 

Please note that by accessing and using the Curator Services, downloading, accessing or using Card Curator’s mobile application (the “Mobile App”), www.cardcurator.com  (the “Site”), and the various other related services, premium and other features, functions, software, applications and websites (together with Curator Services, the Site and the Mobile App, collectively the “CCC Services”), you are accepting the practices described in this privacy policy. This privacy policy is incorporated by reference into the Terms of Service that govern your use of Curator Services and the other CCC Services (the “Terms”).

This policy describes the types of information we may collect from you or that you may provide when you access or use the Curator Services, the Mobile App, the Site and the other CCC Services and our practices for collecting, using, maintaining, protecting and disclosing that information.

This policy applies to information we collect or may collect:

  • In registering and creating an account to access and use the Curator Services.
  • In accessing and using the Mobile App.
  • In accessing and using the Curator Services
  • In accessing and using the Site and the other CCC Services.
  • In e-mail, text and other electronic messages sent through or use of the Site and the other CCC Services.
  • When you interact with Card Curator.
  • Through services provided to us or you by our third-party companies, agents or contractors.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Card Curator or any third party; or
  • Our Service Providers (as defined below) and other third parties that provide us or you with certain services.
  • Any third party, including through any application or content (including advertising) that may be accessible from or on the Site or any of the other CCC Services.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your only choice is not to access or use the Curator Services, the Mobile App or any of the other CCC Services. By accessing or using any of the Curator Services, the Mobile App or any of the other CCC Services, you agree to this privacy policy. This policy may change from time to time. Your continued use of Curator Services, the Mobile App, the Site and/or any of the other CCC Services, after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Minors under the Age of 18

None of the Curator Services are intended for minors under 18 years of age. No one under age 13 may provide any information on or through the Curator Services, the Site or the other CCC Services. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on or through any of the Curator Services or any of its features or register on the Site use any of the interactive or public comment features of any of the Curator Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under 13, please contact us at support@cardcurator.com.

Information We Collect About You and How We Collect It

We collect or may collect several types of information from and about you and other users of the Site and the other CCC Services, including:

  • Information by which you may be personally identified, such as your full name, phone number and e-mail address (“personal information”);
  • Financial and billing information, including credit card information;
  • Information regarding your purchases:
  • Analytics information;
  • Information that is about you but individually does not identify you, such as IP address and date and time of visit;
  • Mobile analytics to better understand the functionality of our Mobile App on your mobile device, including the events that occur within the Mobile App, aggregated usage, performance data, and where the application was downloaded from.
  • Usage details and information;
  • Device, internet and mobile information such as the hardware model, operating system version, unique device identifiers, browser type, language, wireless network, and mobile network information (including the mobile phone number);
  • Geo-location information when you specifically opt-in and use the Curator Services and the Mobile App (some services may not be available without geo-location services);
  • When you report a problem with Curator Services, the Mobile App, the Site or any of the other CCC Services;
  • Records and copies of your correspondence (including e-mail addresses), if you contact us;
  • Details of transactions you carry out through the Curator Services, the Mobile App or any of the other CCC Services; and/or
  • Your search queries on or through any of CCC Services.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through or use the Curator Services and the Mobile App.
  • From our Service Providers and other third parties that provide us or you with certain services.
  • Please be aware that we may monitor and, in some cases, record such calls for staff training or quality assurance purposes.

Use of Cookies and Other Tracking Technologies.

We do not currently use cookies or other tracking technologies.

Do Not Track Policy

Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not honor any web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services. At present, no universally accepted standards exist on how companies should respond to do-not-track signals. In the event a final universally accepted standard is established, we will assess and provide an appropriate response to these signals. 

 

Third-party Responsibilities and Services.

We may use or partner with third-parties, agents or contractors for various purposes in connection with our business and operations (collectively, “Service Providers”), including, enabling the connection of certain of your financial accounts (e.g., Plaid), tracking frequent flyer miles and hotel points (e.g., Award Wallet), providing geo-location information (e.g., TomTom), , billing and payment services and the performance of services on our behalf, such as gathering and analyzing information and the provision of services to you. In the course of performing these responsibilities and providing such services, these other companies may have access to your personal information. We may also share information, including your personal information, with these Services Providers in order to enable them to perform these responsibilities and to provide these services. Many Services Providers have adopted their own privacy policies, which are not subject to control by Card Curator. You should always review the policies of these Service Providers to make sure that you are comfortable with the ways in which they collect, use, maintain, protect and disclose your information. We do not list our current Service Providers because they change from time to time. If you would like the names of any of Service Providers, please email us at support@creditcardcurator.com.

We use commercially reasonable efforts to ensure that Service Providers that have access to your personally identifiable information in connection with providing services are required to keep your personal information confidential and are not permitted to use this personal information for any purpose other than to fulfill the services in connection with the Curator Services or the other CCC Services.

The Service Providers may also transmit cookies to your computer or device, when you click on ads that appear on or through the Service. Also, if you click on a link to a third-party website, such third party may also transmit cookies to you and we do not have any control over that. Please be aware that cookies placed by third parties may continue to track your activities online even after you are no longer using any our Services, and those third parties may not honor “Do Not Track” requests you have set using your web browser.

How We Use Your Information

We will only use information that we collect about you or that you provide to us, including any personal information for purposes described in this privacy policy and when applicable law allows us to do so. We will generally use your information on the following legal grounds:

  • Where the use of your information is necessary to provide the Curator Services or any of the other CCC Services;
  • Where the use is necessary for the purposes of our legitimate interests (or those of a third party);
  • Where we need to comply with a legal or regulatory obligation; or
  • Where you have given your consent (which can be withdrawn at any time).

We use information that we collect about you or that you provide to us for the following purposes:

  • To provide you the Curator Services, the Mobile App and the other CCC Services.
  • To confirm your identity in connection with the access and use of the Mobile App and the Curator Services.
  • To provide technical and other support to you.
  • To send you promotional communications, such as providing you with information about services and features, provided that you have given your consent if required by applicable law.
  • To enable Service Providers to perform certain responsibilities and provide certain services in connection with our business and operations.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account.
  • To carry out our obligations and enforce our rights arising from the use of the Curator Services and the other CCC Services, including for billing and collection.
  • To notify you about changes to the Curator Services, the Mobile App, the Site and the other CCC Services.
  • To enhance the safety and security of all of the Curator Services.
  • To verify your identity and prevent fraud or other unauthorized or illegal activity.
  • To enable marketing, remarketing and targeted advertising and similar services from us or Service Providers, including direct and indirect marketing and on-line behavioral advertising regarding our own and third-party products and services that we believe may be of interest to you, including advertisement on third party websites, provided you have given your consent if required by applicable law.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

Some of the information that we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties or you provide to us. It helps us to improve the Curator Services and the other CCC Services, and to deliver a better and more personalized service, including enabling us to:

  • Estimate our audience size and better understand usage patterns.
  • Speed up your searches.
  • Recognize you when you return to the Site.

Storage and Transfer of Your Information

We may store any information that we collect (personal or otherwise) ourselves or in databases owned and maintained by us, our affiliates, agents or Service Providers.

If you access or use the Curator Services, the Mobile App, the Site or any of the other CCC Services outside of the United States, information that we collect about you may be transferred to servers inside the United States and maintained indefinitely, which may involve the transfer of information out of countries located in the European Economic Area and other parts of the world unless otherwise prohibited by applicable law or agreed by Card Curator and you. By allowing Card Curator to collect information about you, you consent to such transfer and processing of such information without restriction. We may also store some information locally on your computer or other devices. For example, we may store information as local cache so that you can open the Site and view content faster.

Although users from all over the world may access and use Curator Services, the Mobile App, the Site or any of the other CCC Services, keep in mind that no matter where you live or where you happen to use our services, you consent to us processing and transferring information in and to the United States and other countries whose data-protection and privacy laws may offer fewer protections than those in your home country.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To Service Providers we use to support our business as more particularly described in the Third-party Responsibilities and Services provision above.
  • To a potential or actual buyer, assignee or other successor (including its related advisors and agents) in the event of a divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Card Curator’ assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Card Curator about members and users of the Site is among the assets that may be or are actually transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply the Terms and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Card Curator.

We may share information that is anonymized or in an aggregated form that does not directly identify you and we may use and share any such information for any purpose without restriction so long as it does not violate the terms of this privacy policy or any applicable law. We will never sell personal information that is not anonymized or in an aggregated form but we may share it with our affiliates.

Choices About How We Use and Disclose Your Personal Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your personal information:

  • Promotional Materials from Card Curator. If you do not wish to have your e-mail address/contact information used by Card Curator to promote our own or third parties’ products or services, you can opt-out through your profile settings in the Mobile App. This opt out does not apply to information provided to Card Curator as a result of a service or product purchase, product service experience or other transactions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com.

 

Accessing and Correcting Your Personal Information

You may change, correct or delete any personal information that you have provided to us through your profile settings in the Mobile App. We may not accommodate a request to change personal information or other information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section §1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to support@cardcurator.com or write to us at: Card Curator, LLC, P. O. Box 642, Lakeville, CT 06039.

How Long We Store Your Personal Information

We will only retain your personal information, in a form which permits us to identify you, for as long as necessary to fulfil the purposes we collected it for. We will retain and use your personal information as necessary to satisfy any legal, accounting or reporting requirements, to resolve disputes or to enforce our agreements and rights. After that, we will either securely delete or anonymize your personal information so that it cannot be linked back to you.

Information Security

We understand that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information. However, despite our efforts, no security controls are 100% effective and Card Curator cannot ensure or warrant the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

The safety and security of your information also depends on you. You may elect two-factor authentication or biometric security. We ask you not to share any of this information with anyone.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the home pages of the Site for at least 30 days. If we make material changes to how we treat our users’ personal information that are materially less protective than provided in this policy, we will use reasonable efforts to notify you by e-mail to the e-mail address specified in your account and/or through a notice on the home pages of the Site and to attempt to get your consent to the changes. The date the privacy policy was last updated is identified above. You are responsible for ensuring that we have an up-to-date active and deliverable e-mail address for you, and for periodically visiting the Site and this privacy policy to check for any changes. Like our Terms, of which this privacy policy is a part, your use, and/or continued use after our efforts to contact you, of the Curator Services, the Mobile App, the Site or any of the other CCC Services, means that you agree to be bound by such changes.

 

Survival

The policies indicated in this privacy policy will remain effective, even if the Terms and the other agreements between us are terminated and you are no longer using Curator Services, the Site or any of the other CCC Services.

 

Contact Information

To ask questions or comment about this privacy policy and our privacy practices or need to reach us for any other reason, you may contact us by e-mail at support@cardcurator.com or by mail at Credit Card Curator, LLC, P. O. Box 642, Lakeville, CT 06039.

© Copyright Credit Card Curator, LLC 2021

 

 

 

 

 

View More

Last updated: March 16, 2021

Welcome to Card Curator. Card Curator provides services that enable our customers (“Customers” or “you”) to maximize the efficacy of the use of their credit cards, including when and where to use the correct credit cards to maximize earning potential and the optimal way to use your points and miles for travel (as modified from time to time, collectively, the “Curator Services”). Card Curator’s mobile application (as modified from time to time, the “Mobile App”), the website at www.cardcurator.com (the “Site”) and the various other related services, premium and other features, functions, software, applications and websites (together with the Curator Services, the Mobile App and the Site, collectively the “CCC Services”) are provided and operated, and are being made available to you and the other Customers, and the other users of any of the CCC Services (collectively, “Users”) by Credit Card Curator, LLC (“Card Curator”, “us” or “we”). All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service.

 

IMPORTANT! THESE TERMS OF SERVICE (“TERMS”) GOVERN YOUR USE OF THE CURATOR SERVICES, THE MOBILE APP, THE SITE, AND THE OTHER CCC SERVICES. BY CLICKING “I AGREE”, DOWNLOADING, USING, CONFIGURING OR ACCESSING THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR OTHERWISE SIGNIFYING YOUR ACCEPTANCE OF THESE TERMS, YOU REPRESENT AND WARRANT THAT (A) YOU ARE AUTHORIZED TO ENTER THESE TERMS OF SERVICE FOR AND ON BEHALF OF YOURSELF, AND ARE DOING SO, (B) YOU (CAN LEGALLY ENTER INTO THESE TERMS AND (C) YOU HAVE READ AND UNDERSTAND AND AGREE THAT YOU (AND YOUR ORGANIZATION) AND EACH USER SHALL BE BOUND BY THESE TERMS OF SERVICE AND CARD CURATOR’S PRIVACY POLICY (https://www.cardcurator.com/Legal) (THE “PRIVACY POLICY”) AND ALL MODIFICATIONS AND ADDITIONS PROVIDED FOR. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE CURATOR SERVICES OR ANY OF THE OTHER CCC SERVICES.

 

These Terms contain an Arbitration provision which will, with limited exception, require you to submit disputes you have against Card Curator to binding and final arbitration. You will only be permitted to pursue claims against Card Curator on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

  1. Eligibility.

To access and use the Curator Services, the Mobile App, the Site and the other CCC Services, you must be at least 18 years of age. BY CLICKING THE “I AGREE” BUTTON, BY DOWNLOADING, INSTALLING OR OTHERWISE ACCESSING OR USING THE CURATOR SERVICES, THE MOBILE SERVICES OR ANY OF THE OTHER CCC SERVICES, YOU REPRESENT THAT:

 

  • HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES;

 

  • YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CREDIT CARD CURATOR;

 

  • YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES AND REGULATIONS; AND

 

  • YOU ARE NOT A COMPETITOR OF CARD CURATOR AND DO NOT INTEND TO USE THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES FOR REASONS THAT ARE IN COMPETITION WITH CARD CURATOR OR OTHERWISE TO REPLICATE SOME OR ALL OF THE OTHER CCC SERVICES FOR ANY REASON.

 

  1. Privacy.

Your privacy is important to Card Curator. Our goal is to make the Curator Services and the other CCC Services as good, useful and rewarding for you as possible. In order to do that, Card Curator may collect and process information from you when you use the Curator Services, the Mobile App or any of the other CCC Services. Card Curator will collect certain personally identifiable information from you as set forth in more detail in our Privacy Policy. By accessing or using the Curator Services or any of the other CCC Services, you agree that Card Curator may collect, use and disclose, as set forth in the Privacy Policy, the information you provide when you access and use the Curator Services or any of the other CCC Services, and in some cases, information that is provided by or through any of the CCC Services.

 

  1. The Curator Services

3.1       Accessing and Using the Curator Services.

(a)        To access and use the Curator Services, you must first download the Mobile App onto your phone or other mobile device from the Google Play Store or the Apple App Store (the “App Store”). After that, you must register and create an account.

 

(b)        In registering and creating an account, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted during the registration and account creation process (“Registration Data”), and (ii) maintain and promptly update the Registration Data, including credit card information, to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Card Curator has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Card Curator has the right to suspend or terminate your account and prohibit you from accessing and using the Curator Services and/or any of the other CCC Services. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or to access and use the Curator Services or any of the other CCC Services if you have been previously removed by Card Curator or if you have been previously banned from accessing and using the Curator Services or any of the other CCC Services.

 

(c)        When accessing the Curator Services through the Mobile App that was downloaded from an App Store, you acknowledge and agree that: (a) these Terms are concluded between us, and not with the App Store, and that we are solely responsible for the Mobile App (and not the App Store); (b) the App Store has no obligation to furnish any maintenance and support services with respect to the Mobile App; (c) the App Store is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and (iv) any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights; and (d) you must also comply with all applicable third party terms of service, including the Apple App Store Terms and Conditions and the Usage Rules or the Google Play Terms of Service, when using the Mobile App.

 

3.2       Features.

            (a)        The standard features of the Curator Service enable us to advise you on how to maximize the earnings on your spending by determining which credit card to use and when to use a credit card, based on your credit card and spending history (as modified from time to time, the “Standard Features”). Certain of the Standard Features require you to opt-in to providing us with real-time geo-location information to fully function.

            (b)        The Curator Services also offer certain premium features (as modified from time to time, the “Premium Features” and together with the Standard Features, collectively, the “Features”). The current Premium Features enable you to set your goals regarding travel, flight, hotel cash back, or maximizing points and with that, our proprietary algorithm can help determine which credit cards in the specific order are necessary to achieve your goals. There may be restrictions on your ability to change your goals depending on the Fee Option that you have selected.

 

(c)        Card Curator reserves the right, at its sole discretion, to change, modify, add, or remove any of the Features. Card Curator will use commercially reasonable efforts to notify you of any such change. Card Curator may provide notice through a pop-up or banner within any of the CCC Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms.

 

  1. Fees, Payments and Refunds

4.1       Fees

There are various fee options to be able to access and use the Curator Services, including a free option and a pay-what-you- want option (collectively, the “Fee Options”). The current Fee Options and the fees can be found on the Website and the Mobile App under your “My Profile > Usage Options (collectively, the “Fees”). Not all Features are available under all of the Fee Options. You may change your Fee Option on the Website and the Mobile App under your “My Profile > Usage Options.          

 

4.2       Payment and Taxes

(a)       Payments. Unless otherwise agreed by Card Curator, all Fees shall be paid in accordance with the Fee Option that you selected by credit or debit card. You authorize Card Curator (i) to keep your credit or debit card number on file for future Fees and (ii) to charge your credit or debit card for any such Fees.

 

(b)        Payment Processing. Unless otherwise agreed by Card Curator, all Fees and other payments made in connection with the Features and the Curator Services shall be made through a third-party payment processor directed by Card Curator (e.g., Stripe, etc.) (any such third-party payment processor, the “Payment Processor”). By agreeing to these Terms or continuing to use any of the CCC Services, you agree to be bound by the Payment Processor’s terms of service or other agreement that apply to the applicable payment processing services. As a condition of Card Curator’s enabling payment processing services through a Payment Processor, you agree to provide Card Curator accurate and complete information about you, your business, your credit or debit card or bank account and such other information required by the Payment Processor, and you authorize Card Curator to share it and any relevant transaction information related to your use of the payment processing services provided by the Payment Processor.

(c)        Future Services. In paying any of the Fees, you acknowledge and agree that you are not relying on future availability of any of the Features. 

4.3       Changes in Fees and Payment Methods.

Card Curator reserves the right at any time to change the Fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on any of the CCC Services or by notifying you by email.

 

4.4       Refunds

ALL FEES ARE NON-REFUNDABLE, NON-CANCELLABLE AND NON-CREDITABLE UNLESS OTHERWISE REQUIRED BY LAW OR AGREED TO BY CARD CURATOR IN ITS SOLE DISCRETION.

 

  1. License Grant; Unauthorized Use.

5.1       License Grant

Subject to your compliance with all the terms and conditions set out in these Terms, Card Curator hereby grants to you a limited, non-exclusive, non-transferable, freely revocable (a) license to install, access and use the Mobile App on your mobile and other devices and (b) right to access and use the Curator Services, the Site, and the other CCC Services, to the extent of, and in accordance with, these Terms.

5.2       Prevention of Unauthorized Use

Card Curator reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Curator Services, the Mobile App or the circumvention of the other CCC Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.

 

  1. Additional Policies.

            When requesting, accessing or using the Curator Services or any of the other CCC Services, you may be subject to any additional posted policies, guidelines or rules applicable to the Curator Services, the Mobile App, the Site and the other CCC Services and the Features which may be posted from time to time (as modified from time to time, the “Policies”). All such Policies are hereby incorporated by reference into these Terms.

 

7.         Respecting other People’s Rights.

Card Curator respects the rights of others and so should you. You therefore shall treat all Users with respect, including all other Customers.

 

  1. Account Security.

You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile devices, and you agree to accept responsibility for all activities that occur under your account or password.

 

If you change or deactivate the email that you used to create your account, you must update your account information within 72 hours so that Card Curator can continue to communicate with you.

 

If, at any time, you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any payment information (if applicable)), then you shall immediately notify Card Curator at support@cardcurator.com . You may be liable for the losses incurred by Card Curator or others due to any unauthorized use of your account or any of the CCC Services.

  1. Modification of these Terms.

Card Curator reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time by posting the amended Terms to the Site, the Mobile App or any of the other CCC Services. If Card Curator updates these Terms, it will update the “last updated” date at the top of the Terms. Please check these Terms, including any Policies, periodically for changes. Your continued use of the Curator Services, the Mobile App or any of the other CCC Services after the posting of changes constitutes your binding acceptance of such changes. In the event of a change to these Terms that materially modifies your rights or obligations (including applicable fees), Card Curator will use commercially reasonable efforts to notify you of such change. Card Curator may provide notice through a pop-up or banner within any of the CCC Services, by sending an email to any address you may have used to register for an account, or through other similar mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, Card Curator may require you to provide consent by accepting the changed Terms. If Card Curator requires your acceptance of the changed Terms, changes are effective only after your acceptance. For all other changes, except as stated elsewhere by Card Curator, such amended Terms or fees will automatically be effective, replacing the previously-effective Terms or fees, thirty (30) days after they are initially posted on any of the CCC Services. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE CURATOR SERVICES AND ALL OF THE OTHER CCC SERVICES.

 

To the extent that any modifications to the Terms or Policies are not allowed under applicable laws, the prior most recent version of the Terms or Policies shall continue to apply.

 

  1. Digital Millennium Copyright Act.

It is Card Curator’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to Credit Card Curator’s DMCA Notification Guidelines at http://creditcardcurator.com/DMCA/. If you file a notice with our copyright agent, it must comply with the requirements set forth in 17 U.S.C. § 512(c)(3). Credit Card Curator reserves the right to terminate without notice any User’s access to the Curator Services, the Mobile App, the Site and the other CCC Services if that User is determined by Credit Card Curator to be a “repeat infringer.” In addition, Credit Card Curator accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

 

  1. Prohibited Conduct.

BY ACCESSING OR USING THE CURATOR SERVICES, THE MOBILE APP OR ANY OF THE OTHER CCC SERVICES YOU, AGREE NOT TO:

11.1      Decipher, decompile, disassemble, reverse engineer, modify, translate, or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Mobile App or any of the other CCC Services, in whole or in part (except to the extent that the laws of your jurisdiction make such restrictions unenforceable);

11.2      Accessing or using the Curator Services or any of the other CCC Services for the benefit of anyone other than yourself except in accordance with these Terms, including selling, reselling or distributing, in whole or in part, the Curator Services, or using the Curator Services as part of a service bureau or outsourcing offering;

11.3      Provide any services, directly or indirectly, that are similar to, or based on, the Curator Services or any of the other CCC Services or any other services based upon any of the CCC Services;

11.4      Reproduce (except as expressly permitted herein), modify, adapt, translate or otherwise make any changes to the Mobile App or any part thereof;

11.5      Copy, disclose, or distribute any data or other information available through the Curator Services, the Mobile App, the Site or any of the other CCC Services, including any information, in any medium, including without limitation on the Site, by any automated or non-automated “scraping;”

11.6      Interfere with, circumvent or disable any security or other technological features or measures of the Mobile App or the Curator Services or attempt to gain unauthorized access to the Curator Services;

11.7      Use bots or other automated methods to: access the Mobile App or any of the Curator Services, download any information, send or redirect messages or perform any other activities through the Mobile App or any of the Curator Services;

11.8      Take any action that Card Curator determines, in its sole discretion, imposes or may impose, an unreasonable or disproportionately large load on its infrastructure;

11.9      Upload invalid data, viruses, worms or other software agents through the Site, the Mobile App and/or any of the other CCC Services;

11.10    Impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;

11.11    Use the Curator Services, the Mobile App or any of the other CCC Services for any unlawful or inappropriate activities, such as gambling, obscenity, pornography, violence, transmission of deceptive messages, or harassment; or

11.12    Use any of the CCC Services for any commercial solicitation purposes.

 

  1. Third-Party Sites.

The Curator Services and/or any of the other CCC Services may include links or references to other web sites or services (“Third-Party Sites”) solely as a convenience to Users. These sites or services may include links for applying for credit cards. Card Curator does not endorse any such Third-Party Sites or the services, information, materials, products, or services contained on or accessible through Third-Party Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through any of the CCC Services are solely between you and such advertiser. Access and use of Third-Party Sites, including the information, materials, products, and services on or available through Third-Party Sites are solely at your own risk.

 

13.       Mobile and Data Services.

You are responsible for any mobile and data charges that you may incur for using the Mobile App, the Curator Service and any of the other CCC Services. If you’re unsure what those charges may be, you should ask your service provider before using the Mobile App, the Curator Services or any of the other CCC Services. In addition, downloading, installing, or using the Mobile App may be prohibited or restricted by your mobile carrier, and the Mobile App may not work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile App is available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile App, and how much they will cost you. All use of the Mobile App must be in accordance with these Terms.

 

  1. Termination; Terms of Use Violations.

14.1      Card Curator.

You agree that Card Curator in its sole discretion, for any or no reason, and without penalty, may terminate your access and use of the Curator Services or any of the other CCC Services or any account (or any part thereof) that you may have with Card Curator and remove and discard all or any part of your account, user profile, at any time. Card Curator may also in its sole discretion and at any time prohibit you from accessing and using the Curator Services or discontinue providing access to the Curator Services or any of the other CCC Services, or any part thereof, with or without notice. You agree that any termination of your ability to access or use the Curator Services, the Mobile App or any of the other CCC Services or any account you may have or portion thereof may be effected without prior notice, and you agree that Card Curator will not be liable to you or any third party for any such termination. Card Curator reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Card Curator to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Card Curator may have at law or in equity. As provided herein, Card Curator does not permit copyright infringing activities on the Site, the Mobile App, or any of the other CCC Services, and Card Curator shall be permitted to terminate access to the Curator Services or any of the other CCC Services. BY ACCEPTING THESE TERMS, YOU WAIVE AND SHALL HOLD CARD CURATOR HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CARD CURATOR DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CARD CURATOR OR LAW ENFORCEMENT AUTHORITIES.

 

14.2      You.

Your only remedy with respect to any dissatisfaction with (i) the Curator Services, the Mobile App, the Site or any of the other CCC Services, (ii) any term of these Terms or (iii) any policy or practice of Card Curator in operating the Curator Services, the Mobile App, the Site or the other CCC Services, is to terminate your use of the Curator Services and the other CCC Services and your account. You may terminate your use of the Curator Services and any of the other CCC Services and your account at any time. After such termination, you must refrain from using the Curator Services and any of the other CCC Services until authorized by Card Curator.

 

  1. Ownership; Proprietary Rights.

The Curator Services, the Mobile App, the Site and the other CCC Services are owned and operated by The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the CCC Services provided by Card Curator (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on any of the CCC Services are the property of Card Curator or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Card Curator or its affiliates and/or third-party licensors. Except as expressly authorized by Card Curator, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Card Curator reserves all rights not expressly granted in these Terms.

 

You hereby grant to Card Curator a non-exclusive, worldwide, fully paid-up, royalty-fee, non-terminable, perpetual, irrevocable right and license to use, disclose, modify, reproduce, license, distribute, commercialize and otherwise freely exploit any feedback, comments, or suggestions that you provide with respect to the Curator Services, the Mobile App, the Site and/or the other CCC Services and all related intellectual property, without restriction of any kind and without any right of accounting.

 

  1. Indemnification.

You agree to indemnify, defend, and hold Card Curator its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any third-party claims, losses, damages, or liabilities, including legal fees and expenses, arising out of your use or misuse of the Curator Services, the Mobile App, the Site or any of the other CCC Services, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Card Curator reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Card Curator and you agree to cooperate with Card Curator’s defense of these claims. Card Curator will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

  1. No Warranties; Disclaimers.

17.1      No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARD CURATOR AND ITS AFFILIATES, CONTRACTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, THE “CARD CURATOR PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED WITH RESPECT TO THE CURATOR SERVICES, THE MOBILE APP, THE SITE, THE OTHER CCC SERVICES AND THE FEATURES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CARD CURATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, THAT THE CURATOR SERVICES, THE MOBILE APP, THE SITE, THE OTHER CCC SERVICES OR THE FEATURES, WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE CARD CURATOR PARTIES OR THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR THE OTHER CCC SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

 

17.2      “As Is” and “As Available” and “With all Faults”.

YOU EXPRESSLY AGREE THAT THE CURATOR SERVICES, THE MOBILE APP, THE SITE AND ANY OF THE OTHER CCC SERVICES, AND THE FEATURES, ANY DATA, ASSESSMENTS, RESULTS, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT, THIRD-PARTY SITE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH ANY OF THE CCC SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.

 

17.3      Platform Operation and Content.

THE CARD CURATOR PARTIES DO NOT WARRANT THAT THE DATA, RESULTS, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

 

17.4      Accuracy.

EXCEPT AS SPECIFICALLY PROVIDED IN WRITING BY CARD CURATOR, THE CARD CURATOR PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY OF THE CCC SERVICES OR ANY THIRD-PARTY SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

17.5      Harm to your Mobile Devices.

YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, ASSESSMENTS, RESULTS OR DATA THROUGH THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

 

  1. Limitation of Liability and Damages.

18.1      Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING, NEGLIGENCE, WILL THE CARD CURATOR PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THE FEATURES OR ANY THIRD-PARTY SITE, OR ANY OTHER INTERACTIONS WITH CARD CURATOR OR ANY OTHER CUSTOMER, EVEN IF CARD CURATOR OR AN CARD CURATOR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CARD CURATOR’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

18.2      Limitation of Damages.

IN NO EVENT WILL THE CARD CURATOR PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS AND USE OF THE CURATOR SERVICES, THE MOBILE APP, THE SITE OR ANY OF THE OTHER CCC SERVICES OR THESE TERMS OR THE FEATURES, OR YOUR INTERACTION WITH CARD CURATOR (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE GREATER OF (A) $50 AND (B) AN AMOUNT EQUAL TO THE FEES (IF ANY) PAID BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.

 

18.3      Release for Disputes between Users.

If you have a dispute with any other Users (including any other Customer) or other third parties, you hereby release Card Curator and the other Card Curator Parties from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

18.4      Third-party Sites.

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN CARD CURATOR AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE CCC SERVICES OR RECEIVED THROUGH ANY THIRD-PARTY SITES.

18.5      Basis of the Bargain.

YOU ACKNOWLEDGE AND AGREE THAT CARD CURATOR HAS OFFERED THE CURATOR SERVICES, THE MOBILE APP AND THE OTHER CCC SERVICES AND THE FEATURES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CARD CURATOR, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CARD CURATOR. CARD CURATOR WOULD NOT BE ABLE TO AUTHORIZE YOU TO ACCESS AND USE OF THE CURATOR SERVICES OR ANY OF THE OTHER CCC SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

 

18.6      Limitations by Applicable Law.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

 

  1. United States Export Controls.

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of the Curator Services or any of the other CCC Services or any underlying intellectual property, information or technology except in full compliance with all United States, foreign and other applicable export control laws and regulations.

 

  1. Miscellaneous.

20.1      Notice.

Card Curator may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on any of the CCC Services. Notice will be deemed given twenty-four hours after the email is sent, unless Card Curator is notified that the email address is invalid. Alternatively, Card Curator may give you legal notice by mail to a postal address, if provided by you through any of the CCC Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on any of the CCC Services are deemed given 30 days following the initial posting.

 

20.2      Waiver.

The failure of Card Curator to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Card Curator.

 

20.3      Dispute Resolution.

If a dispute arises between you and Card Curator, the goal is to provide you with a neutral and cost-effective method of resolving the dispute quickly. Accordingly, you and Card Curator agree that any dispute, claim or controversy at law or equity that arises out of these Terms, the Curator Services, the Mobile App, the Site or any of the other CCC Services (a “Dispute”) will be resolved in accordance with this Section 20.3 or as Card Curator and you otherwise agree in writing. Before resorting to these dispute methods, Card Curator strongly encourages you to first contact Card Curator directly to seek a resolution.

 

(a)        Choice of Law. These Terms shall be governed in all respects by the laws of the State of New York, without regard to its conflict of law provisions. EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE OR OTHERWISE IN CONNECTION WITH THESE TERMS OR ANY OF THE CCC SERVICES.

(b)        Arbitration and Class Action Waiver.

PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

(i)         ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CARD CURATOR (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) IN CONNECTION WITH THESE TERMS OR ANY OF THE CCC SERVICES, INCLUDING WITHOUT LIMITATION YOUR RIGHTS OF PRIVACY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION AND YOU AND CARD CURATOR HEREBY EXPRESSLY WAIVE TRIAL BY JURY. ANY ARBITRATION SHALL BE IN ENGLISH AND THE PLACE OF ARBITRATION SHALL BE NEW YORK COUNTY, NY. YOUR ARBITRATION FEES AND YOUR SHARE OF ARBITRATOR COMPENSATION SHALL BE GOVERNED BY SUCH RULES. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND CARD CURATOR WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU MAY BRING DISPUTES ONLY ON YOUR OWN BEHALF.

Neither you nor Card Curator will participate in a class action or class-wide arbitration for any disputes covered by these Terms to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST CARD CURATOR INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Card Curator is a party to the proceeding.

This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

(ii)        Judicial Forum for Disputes. In the event that the agreement to arbitrate under Section 20.3(b) is found not to apply to you or your claim, you and Card Curator agree that any judicial proceeding (other than small claims actions) must be brought solely and exclusively in, and will be subject to the service of process and other applicable procedural rules of, the federal or state courts covering New York County, NY. Both you and Card Curator irrevocably consent to venue and personal jurisdiction there. Notwithstanding the foregoing, Card Curator may bring a claim for equitable relief in any court with proper jurisdiction.

(iii)       Survival. This arbitration agreement will survive the termination of your use of the Curator Services or any of the other CCC Services or your relationship with Card Curator.

(c)        30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 20.3 above by sending written notice of your decision to opt-out to support@creditcardcurator.com. The notice must be sent to Card Curator within thirty (30) days of your use of any of the CCC Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

(d)        Improperly Filed Claims. All claims you bring against Card Curator must be resolved in accordance with this Section 20.3. All claims filed or brought contrary to this Section 20.3 shall be considered improperly filed. Should you file a claim contrary to this Section 20.3, Card Curator may recover attorneys’ fees and costs up to $15,000, provided that Card Curator has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

 

(e)        Prevailing Party. In the event that either party institutes any legal suit, action or proceeding against the other party arising out of or relating to these Terms, the Privacy Policy, the Curator Services or any of the CCC Services, the prevailing party in the suit, action or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action or proceeding, including reasonable attorneys' fees and expenses and court costs.

 

(f)        Limitation on Time to File Claims. ANY CAUSE OF ACTION OR DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE PRIVACY POLICY, ANY OF THE CURATOR SERVICES OR ANY OF THE OTHER CCC SERVICES OR YOUR RELATIONSHIP WITH CARD CURATOR MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR DISPUTE IS PERMANENTLY BARRED.

 

20.4      Severability.

If any provision of these Terms (including any Policies) is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

 

20.5      Relationship of the Parties.

The parties agree that nothing in these Terms shall be construed as creating a joint venture, partnership, franchise, agency, employer/employee, or similar relationship between the parties, or as authorizing either party to act as the agent of the other. You are and will remain an independent contractor in your relationship to Card Curator. Nothing in these Terms shall create any obligation between either party and a third party.

 

20.6      Assignment.

These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Card Curator without restriction. Any assignment attempted to be made in violation of these Terms shall be void.

 

20.7      Survival.

Upon termination of these Terms, your use of the Curator Services, the Mobile App, the Site or any of the other CCC Services or the Features or your relationship with Card Curator any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 1, 2, 4 and 10 - 20.

 

20.8      Headings.

The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

 

20.9      Entire Agreement.

These Terms, together with the Privacy Policy and the Policies, are the entire agreement between you and Card Curator relating to the subject matter herein and will not be modified except by a change to these Terms or Policies made by Card Curator as set forth in Section 9 above.

 

20.10    No Agency.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.

 

20.11    Geographic Restrictions.

Card Curator is based in the state of Connecticut in the United States. Card Curator makes no claims that accessing or using or that any of the CCC Services or any of the content is accessible or appropriate outside of the United States. Accessing or using the Curator Services, the Mobile App, the Site or any of the other CCC Services may not be legal by certain persons or in certain countries. If you access any of these CCC Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Card Curator with respect thereto.

 

20.12.   Electronic Communications.

The communications between you and Card Curator use electronic means, whether you visit the Site or the other CCC Services or send Card Curator e-mails, or whether Card Curator posts notices on the Site or the other CCC Services or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Card Curator in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Card Curator provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect your statutory rights.

 

20.13    Disclosures.

The Curator Services, the Mobile App, the Site and the other CCC Services are offered by Credit Card Curator, LLC located at: P. O. Box 642, Lakeville, CT 06039 and email: support@cardcurator.com.

 

If you are a California resident, you may have this same information emailed to you by sending a letter to Credit Card Curator, LLC, P. O. Box 642, Lakeville, CT 06039 with your email address and a request for this information.

 

California users are also 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

© 2021 Credit Card Curator, LLC

View More

Effective starting: March 16, 2021

Credit Card Curator, LLC (“Card Curator”, “CCC”, “we”, “our” or “us”) respects the intellectual property rights of others and expects its users to do the same as described in this policy. This policy is incorporated by reference into Credit Card Curator’s Terms of Service located at https://www.cardcurator.com/Legal (the “Terms”). Defined terms used in this policy that are not otherwise defined herein shall have the same definitions as in the Terms.

We do not allow copyright infringing activities on our Site or through any of our CCC Services (and will remove a party’s Content from the Site or the CCC Services if properly notified that such Content infringes on another's copyright rights. Card Curator has a policy of terminating, in appropriate circumstances and at our discretion, to disable and/or terminate the accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. You are a “repeat infringer” if, on more than two occasions, you have been notified of infringing activity or have had your Content removed from our Site or any of the CCC Services. We also reserve the right in our discretion to terminate any of your accounts suspected of infringing copyrights upon the first incident without further notice, at our sole discretion.

If you believe that any Content on our Site or in any of the CCC Services violates your copyright, you should notify Card Curator's copyright agent in writing pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3). The contact information for our copyright agent is below.

In order for Card Curator to take action, you must do the following in your written notice (the “DMCA Takedown Notice”):

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site or in any of the CCC Services, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We will promptly notify the alleged infringer that you have claimed ownership of the rights in this Content and that we have complied with your DMCA Takedown Notice for the Content.

Here is the contact information for our copyright agent:

Credit Card Curator, LLC

  1. O. Box 642

Lakeville, CT 06039

Attn: Copyright Agent
E-Mail: support@cardcurator.com

View More