Effective Date: August 1, 2023
These terms of use (“Terms of Use”) are entered into by and between you and Geo. Mijilem & Company, Inc., the DeCA Commissary Card Administrator (“DeCA Cards”, “we”, “us”, or “our”). In these Terms of Use, “you” and “your” refer to: (a) you, the individual accessing the Website; (b) any electronic agent accessing the Website; and (c) the business entity on whose behalf an individual or electronic agent is accessing the Website.
These Terms of Use govern your access to the website located at https://www.decacards.com (the “Website”); and (c) all content, information, text, data, code, software, graphics, images, logos, audio, and other materials on the Website (the “Content”), as well as the design, structure, coordination, expression, “look and feel”, and arrangement of such Content.
These Terms of Use constitute a contract between you and DeCA Cards.
BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS THE WEBSITE.
Minors
DeCA Cards’s Website is intended for a general audience and is not intended for use by minors. If you are a minor in your state of residence, then you are not authorized to use the Website unless: (a) you have secured the authorization of your parent or legal guardian to use the Website and your parent or legal guardian has agreed to these Terms of Use on your behalf; (b) your parent or legal guardian has not revoked such agreement; and (c) you agree to the provisions of these Terms of Use.
Changes to the Terms of Use
DeCA Cards may update or modify these Terms of Use at any time in our sole discretion, effective immediately upon posting the revised Terms of Use, along with the effective date, on the Website. We may give notice of such updates and modifications by any means, including by posting a revised version of these Terms of Use on the Website. Your continued access to the Website after such updates or modifications signifies your acceptance to such updates or modifications.
The version of these Terms of Use posted on the Website on each respective date you visit the Website will be the Terms of Use applicable to your access to the Website on that date. Our electronically or otherwise properly stored copies of the Terms of Use shall be deemed to be the true, complete, valid, and authentic copy of the version of the Terms of Use that was in force on each respective date you accessed the Website.
Ownership of the Website and the Content and Access License
You understand and agree that DeCA Cards owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Website and the Content. You acknowledge that the Website and the Content are proprietary to DeCA Cards and are protected by applicable intellectual property and other proprietary rights, laws, and treaties, and that you acquire no ownership interest in the Website or the Content by accessing the Website.
Subject to these Terms of Use, DeCA Cards grants you a personal, non-exclusive, non-transferable, revocable, and limited license to access the Website solely for your personal use.
Use of the Website
DeCA Cards reserves the right to do any of the following, at any time, without notice or liability: (a) terminate these Terms of Use; (b) refuse, restrict, suspend, discontinue, or terminate operation of or access to the Website, or any portion thereof; (c) modify or change the Website, or any portion thereof, and any applicable policies or terms; and (d) interrupt the operation of the Website, or any portion thereof, as necessary to perform maintenance, error correction, or make other changes.
In connection with your access to the Website, you agree you will not (or allow or assist a third party to):
(a) violate any applicable laws or regulations;
(b) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Website;
(c) access the Website for any unlawful, unauthorized, fraudulent or malicious purpose;
(d) access the Website in a manner that could damage, disable, overburden, or impair any of DeCA Cards’ servers or networks or other users of Website;
(e) access the Website in a manner that could interfere with any other party’s use and enjoyment of the Website;
(f) gain unauthorized access to any accounts, systems, or networks through hacking, password mining or any other similar means;
(g) create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any DeCA Cards representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(h) access systems, networks, data, or information not intended by DeCA Cards to be made accessible to a user;
(i) upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
(j) upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements) or that infringes any intellectual property or proprietary rights of any party;
(k) upload or transmit viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of the Website;
(l) upload or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation, commercial or otherwise;
(m) delete or revise any material posted by any other person or entity;
(n) probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems without the express prior written consent of DeCA Cards;
(o) register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
(p) harvest or otherwise collect information about others, including e-mail addresses;
(q) use any robot, spider, scraper, or other automated or manual means to access the Website, or copy any content, information, or data thereon; or
(r) access the Website in a manner other than for its intended purpose.
DeCA Cards reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms of Use, including, without limitation, the suspension or termination of your access and/or account. DeCA Cards reserves the right at all times to disclose any information as DeCA Cards deems necessary to satisfy the requirements of any applicable law, regulation, legal process or governmental request. You also agree to reimburse DeCA Cards for any damage, loss, cost, or expense DeCA Cards incurs (including fees or costs of attorneys, accountants, professional advisors, and other experts incurred in connection with the defense or settlement of the foregoing) because of your access to the Website for any unlawful or prohibited purpose.
Representations and Warranties
You represent and warrant that: (a) all information, data, materials, or other content that you submit to or through the Website are and shall be true, accurate, complete, and suitable for the purpose which they are intended; and (b) your access to the Website shall comply with all applicable laws and regulations.
Accounts, Logins, Passwords, and Security
In order to utilize certain aspects of the Website, you may need to set up an account (including establishing a login ID and password). You shall update your password at regular intervals, but in no class less frequently than once every six (6) months.
You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account. You agree to notify DeCA Cards immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by DeCA Cards or any other person or entity due to another person using your account, login ID, or password.
We reserve the right to suspend or terminate your account for any reason without notice.
Submissions
Any information, data, communications, or material of any type or nature that you submit to or post on the Website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, a “Submission”) is done at your own risk and without any expectation of privacy. DeCA Cards does not own any Submissions provided via the Website. You are fully responsible for all Submissions, which must comply with these Terms of Use. You hereby agree that by submitting or posting such Submissions, you grant DeCA Cards a nonexclusive, unrestricted, irrevocable, worldwide, sublicensable, transferable, perpetual, unlimited, assignable, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions. You hereby represent and warrant: (a) that you have the full legal right to use such Submissions; (b) the Submissions are not confidential or proprietary to any third party; and (b) you are not using Submissions in violation of any law, regulation, or contractual restriction.
DeCA Cards neither actively monitors general access to the Website, nor exercises editorial control over any Submissions. However, DeCA Cards does reserve the right to monitor such Submissions or other use at any time as it deems appropriate and to remove any Submissions or other materials that, in DeCA Cards’ sole discretion, may be illegal, may subject DeCA Cards to liability, may violate these Terms of Use, or are, in the sole discretion of DeCA Cards, inconsistent with DeCA Cards’ intended purpose for the Website.
Disclaimer of Warranties
The WEBSITE IS provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
DeCA Cards AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE WEBSITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, secure, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT IT, THAT IT IS OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE IDENTIFIED OR CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS. IF YOU ARE dissatisfied WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
DeCA Cards PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE WEBSITE WITHOUT NOTICE. FURTHER, DeCA Cards ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE. DeCA Cards SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE WEBSITE.
Indemnity
You agree to indemnify, defend, and hold harmless DeCA Cards, its affiliates, licensors, licensees, suppliers, or the officers, directors, employees, agents, and contractors of each of the foregoing (collectively, “DeCA Cards Parties”) from and against any loss, damage, liability, claim, demand, cost, or expense (including attorneys’ fees) in connection with, arising out of, or related to: (a) your access to the Website; (b) any content, data, or information that you submit, post to, or transmit through the Website; (c) your violation of these Terms of Use; and (d) your violation of any applicable law or regulation, or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DeCA Cards PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE, EVEN IF DeCA Cards PARTIES WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
WITHOUT LIMITING ANY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IF DECA CARDS PARTIES ARE FOUND LIABLE TO YOU OR ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR THE WEBSITE, THE DECA CARDS PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS SHALL NOT EXCEED USD $100.
Linked Websites
For your convenience, certain hyperlinks may be provided on the Website that link to other websites or social media platforms which are not under the control of DeCA Cards (the “Linked Websites”). DeCA Cards does not endorse or sponsor any Linked Websites and is not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. DeCA Cards disclaims all liability for such websites, for all access to and use thereof, and for use of the links to such websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against DeCA Cards arising from or based upon any use of Linked Websites.
Links to the Website
You may not link to the Website without the express prior written consent of DeCA Cards. You agree that you will promptly remove any link to the Website upon request of DeCA Cards. In no event will you use any logo or trademark of DeCA Cards as a link “button”, or in any other manner, without DeCA Cards’ express prior written consent.
Disclaimer of Third-Party Information
To the extent that any information, material, or functionality on the Website is provided by third party content providers (“Third-Party Materials”), DeCA Cards has no editorial control or responsibility over such Third-Party Materials. Therefore, any opinions, statements, products, services or other Third-Party Materials are those of the applicable third party. DeCA Cards does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of any Third-Party Materials will not infringe rights of third parties not owned by or affiliated with DeCA Cards.
General
These Terms of Use and any other terms by DeCA Cards which reference these Terms of Use (as each may be revised and amended from time to time according to their respective terms) collectively constitute the entire agreement with respect to your access to the Website. You agree that you shall not contest the admissibility or enforceability of DeCA Cards’ copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use. Except as expressly provided for herein, these Terms of Use do not confer any rights, remedies, or benefits upon any person or entity other than you and DeCA Cards. DeCA Cards may assign its rights and duties under these Terms of Use at any time to any third party without notice. You may not assign these Terms of Use without the express prior written consent of DeCA Cards. These Terms of Use shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by DeCA Cards shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any rights not expressly granted herein are reserved. Neither these Terms of Use, nor your access to the Website, create any partnership, joint venture, employment, or other agency relationship between DeCA Cards and you. You may not enter into any contract on our behalf or bind us in any way.
You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Governing Law, Claims Limitation, and Venue
These Terms of Use shall be governed by and construed under the laws of the State of Illinois, without regard to conflicts of laws, principles or rules. Any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Website must be commenced within one year after the cause of action arises. You hereby expressly consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Chicago, Illinois for resolution of any matters related to interpretation, construction, or enforcement of these Terms of Use or otherwise in connection with these Terms of Use or otherwise related to or in connection with your access to the Website. You further expressly waive any claim that venue is improper for any reason in these courts.
Contact Us
DeCA Cards welcomes any comments or questions you may have regarding these Terms of Use or the Website. Please contact us with your comments or questions electronically at [email protected] or via the mail at Geo. Mijilem & Co., Attn: Marshall Reavis, 13700 W. Irma Lee Court, #102 Lake Forest, IL 60045.