Last Modified: January 11th, 2023
Select Innovations, Inc., “Select”, "we," "our," "us") provides its Service (as defined below) to you ("you" or "your") through its website located at http://www.selectcard.co (the "Site"), subject to these Terms of Service ("Agreement").
1. Acceptance of Terms
1.1 This Agreement constitutes a binding legal contract that governs your use of the Site and Select Services. By using the Site or Services you agree to accept the terms of this Agreement.
1.2 By accepting this Agreement, or by accessing the Site, you represent and warrant the following:
We reserve the right to update this Agreement at any time, in our sole discretion, and will notify you of such updates either via email or by posting such changes on our Site, or such other reasonable means. You can find the most recent version of this Agreement at https://www.selectcard.co /terms with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof. If you do not agree to the revised terms and conditions, your sole recourse is to cancel your account and cease use of the Service. Your continued access and use of the Service, including the continued use or enjoyment of any Incentives offered through the Service, following notification of an updated version of this Agreement shall constitute your acceptance of the revised Agreement
2. The Select Service
2.1 Our service consists of access to our Site, Mobile App, Concierge, and the platform contained therein in which we make certain access, perks, incentives, and discounts to venues, products, and services (the "Incentives") offered by a wide range of participating merchants and vendors ("Vendors") available to you (the "Service"). Subject to and conditioned on your compliance with the terms of this Agreement, you shall have a non-exclusive, non-transferable, non-sublicensable, limited right, during the Term to access and use the Service.
3. Use of the Service
3.1 Acceptable Use. You agree that you will not (and will not permit or encourage any Users or other third party to) directly or indirectly:
(a) Use the Service in any manner or for any purpose other than as permitted by this Agreement;
(b) Use the Service in violation of any federal, state, local, or international laws or regulations;
(c) Reproduce, duplicate, copy, sell, resell, rent, lease, or exploit any portion of the Service, use of the Service, or access to the Service without our prior written consent;
(d) Use the Service to store or transmit malicious code, viruses, Trojan horses, or worms of a destructive nature or that may damage or harm the Site, Service, and/or our computer systems;
(e) Attempt to gain unauthorized access to the Service or to another User’s account or any related systems or networks;
(f) Take screenshots or videos of the Site and/or Service in order to share the information with one of our competitors or a company seeking to create and/or offer services similar to the Service;
3.2 Notice of Unauthorized Use. You will immediately notify us of any unauthorized use of your account or the Service that comes to your attention. In the event of any such unauthorized use, you will take all steps necessary to terminate such unauthorized use.
4. Changes and Updates to the Service
You understand that the Service may change over time as we refine and add more features or content. We reserve the right to update, modify, or discontinue the features, functionality, content or other aspects of the Service, including any and all Incentives, at any time, with or without notice, in our sole discretion. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to this Agreement. Select does not guarantee the availability of the Service and/or any of the Incentives or Discounts contained therein, and they are all subject to change at any time without notice.
5.1. Select may terminate your access to the Services and access to this Site at any time without notice in its sole discretion. In the event of termination, Disclaimer of Warranties, Proprietary Rights, Limitation of Liability, Indemnity, Applicable Laws, Confidentiality, Miscellaneous sections of this Agreement shall survive.
6. Proprietary Rights
6.2 Trademarks. The Site and/or Service contain valuable trademarks owned and used by us to distinguish the Site and Service from those of others. The Site and/or Service may also contain references to other entities’ trademarks and service marks, but such references are for identification purposes only and are used with the permission of their respective owners. We do not claim ownership in, or any affiliation with, any third party trademarks or service marks appearing on the Site and/or Service. You agree not to use or display any trademarks you do not own without our prior written consent or the consent of the owner of such mark.
7. Electronic Communications
By registering for the Service, you understand that we may send you communications regarding the Service, including but not limited to updates, and promotional information and materials regarding the Service, all in electronic form via the email, live chat, or app-based messages and notifications. You may unsubscribe from such communications by contacting us at [email protected] or selecting “unsubscribe” on the email received.
8. Third Party Linked Service and Content
The Site and Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including but not limited to websites, software, applications, products and/or services, and the Internet as a whole. When you engage a third party’s website or service which is linked to the Site and/or Service, you are interacting with the third party and not with us. Such linked websites are not under our control and we are not responsible for the contents of any linked website or any link contained within a linked website, or any changes or updates to such websites maintained by third parties.
9. Disclaimer of Warranties
WE PROVIDE OUR SERVICE TO YOU "AS IS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SERVICE (INCLUDING ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN, OR RESULTS OBTAINED THEREFROM) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, SELECT DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. SELECT MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE VENDORS OR ADVERTISERS LISTED ON THE SITE. ACCORDINGLY, SELECT IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF THE PERKS, DISCOUNTS, OR PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
You agree to indemnify, defend, and hold harmless Select, its subsidiaries, and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers against all claims (including all associated costs, expenses and reasonable attorneys’ fees) from and against any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees and court costs) arising out of or related to: (a) your breach of these Terms, or (b) your violation of applicable laws, rules, or regulations in connection with the Service.
11. Limitation of Liability
11.1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SELECT, OR ITS OFFICERS, OR EMPLOYEES, BE LIABLE TO YOU (OR ANY PARTY CLAIMING THROUGH YOU) FOR ANY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
11.2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SELECT, AND ITS OFFICERS, EMPLOYEES, AND VENDORS MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE, SITE OR THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO SELECT FOR ACCESS TO THE SERVICE.
12.1. No Waiver. Our failure to enforce any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance.
12.2 Severability. If a court of competent jurisdiction deems any provision unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
12.3 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its principles regarding conflicts of law.