JCPENNEY CARD
ONLINE CREDIT CENTER
WEB SITE USAGE
AGREEMENT
PLEASE READ
THESE TERMS CAREFULLY BEFORE
USING THIS SITE
This
web site, the JCPenney Card
Online Credit Center (the
"Site"), is provided
by GE Money Bank, the issuer of
the JCPenney Card (the "Issuer").
The
Site may be used only for
the following purposes: obtaining
information about the JCPenney
Card; obtaining and submitting
applications for the JCPenney
Card; reviewing the status
of your JCPenney Card account
online; and obtaining online
customer service assistance
regarding your JCPenney Card
account.
By using the Site or downloading
materials from the Site, you
agree to abide by the terms
and conditions set forth in
this notice as well as all
other policies described in
the Site. If you do not agree
to abide by these terms and
conditions or any future terms
and conditions, please
do not use the Site or download
materials from the Site.
These
terms apply exclusively to
your access to and use of
the Site and do not alter
the terms or conditions of
any other agreement you may
have with the Issuer, including
the credit card agreement
for the JCPenney Card.
RESTRICTIONS
ON USE:
In
order to use the Site, you
must be:
In addition, use of the Site
is restricted to personal,
family or household use. The
Site may not be used for commercial
purposes or for governmental
purposes.
If you do not satisfy the
above restrictions on use,
please do not use the Site
or download materials from
the Site.
LIMITED
LICENSE:
Subject to the terms and conditions
set forth in this Agreement,
the Issuer grants you a non-exclusive,
non-transferable, limited
right to access, use and display
the Site and the materials
thereon.
The Issuer authorizes you
to view and download the information
("Materials") at the Site
only for your personal, non-commercial
use in connection with applying
for or using a JCPenney Card.
This authorization is not
a transfer of title in the
Materials and copies of the
Materials and is subject to
the following restrictions:
-
you must retain, on all
copies of the Materials
downloaded, all copyright
and other proprietary
notices contained in the
Materials;
-
you may not modify the
Materials in any way or
reproduce or publicly
display, perform, or distribute
or otherwise use them
for any public or commercial
purpose; and
-
you must not transfer
the Materials to any other
person.
You
agree to abide by all additional
restrictions displayed on
the Site as it may be updated
from time to time. The Site,
including all Materials, is
copyrighted and protected
by worldwide copyright laws
and treaty provisions. You
agree to comply with all copyright
laws worldwide in your use
of the Site and to prevent
any unauthorized copying of
the Materials. Except as expressly
provided herein, the Issuer
does not grant any express
or implied right to you under
any patents, trademarks, copyrights
or trade secret information.
USER
CONDUCT:
In
using the Site, you agree:
-
not to disrupt or interfere
with the security of,
or otherwise abuse, the
Site, or any services,
system resources, accounts,
servers or networks connected
to or accessible through
the Site or affiliated
or linked web sites;
-
not to disrupt or interfere
with any other user’s
enjoyment of the Site
or affiliated or linked
Sites;
-
not to upload, post or
otherwise transmit through
or on the Site any viruses
or other harmful, disruptive
or destructive files;
-
not to use or attempt
to use or access another’s
person account or personal
information, or create
or use a false identity
on the Site; and
-
not to attempt to obtain
unauthorized access to
the Site or portions of
the Site which are restricted
from general access.
In addition, you agree that
you are solely responsible
for actions and communications
undertaken or transmitted
under your account, and that
you will comply with all applicable
local, state and federal laws
and regulations, that relate
to your use of or activities
on the Site.
DISCLAIMER:
THE
MATERIALS MAY CONTAIN INACCURACIES
AND TYPOGRAPHICAL ERRORS.
THE ISSUER DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT
OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE
SITE. YOU ACKNOWLEDGE THAT
ANY RELIANCE ON ANY SUCH OPINION,
ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT
YOUR SOLE RISK. THE ISSUER
RESERVES THE RIGHT, IN ITS
SOLE DISCRETION, TO CORRECT
ANY ERRORS OR OMISSIONS IN
ANY PORTION OF THE SITE. THE
ISSUER MAY MAKE ANY OTHER
CHANGES TO THE SITE, THE MATERIALS
AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY)
DESCRIBED IN THE SITE AT ANY
TIME WITHOUT NOTICE.
THE ISSUER DOES NOT MAKE
ANY WARRANTY THAT YOUR USE
OF THIS SITE OR THE MATERIALS
WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR FREE, OR
THAT DEFECTS, IF ANY, WILL
BE CORRECTED. THE ISSUER ASSUMES
NO RESPONSIBILITY FOR ANY
DAMAGES THAT MAY BE SUFFERED
BY YOU, INCLUDING, BUT NOT
LIMITED TO, LOSSES FROM DELAYS,
NONDELIVERIES OF CONTENT OR
ANY COMMUNICATIONS, ERRORS,
SYSTEM DOWN TIME, MISDELIVERIES
OR MISCOMMUNICATIONS, NETWORK
OR SYSTEM OUTAGES, FILE CORRUPTION,
OR SERVICE INTERRUPTIONS CAUSED
BY THE NEGLIGENCE OF THE ISSUER,
ITS AFFILIATES, ITS LICENSORS,
OR YOUR OWN ERRORS AND/OR
OMISSIONS.THE SITE, THE INFORMATION
AND MATERIALS ON THE SITE,
AND ANY SOFTWARE MADE AVAILABLE
ON THE SITE, ARE PROVIDED
"AS IS" WITHOUT ANY REPRESENTATION
OR WARRANTY, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR
PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION
OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
THIRD-PARTY
SITES:
As
a convenience to you, the
Issuer may provide, on the
Site, links to web sites operated
by other entities. If you
use these sites, you will
leave the Site. If you decide
to visit any linked site,
you do so at your own risk
and it is your responsibility
to take all protective measures
to guard against viruses or
other destructive elements.
The Issuer makes no warranty
or representation regarding,
and does not endorse, any
linked web sites or the information
appearing thereon or any of
the products or services described
thereon. Links do not imply
that the Issuer or the Site
sponsors, endorses, is affiliated
or associated with, or is
legally authorized to use
any trademark, trade name,
logo or copyright symbol displayed
in or accessible through the
links, or that any linked
site is authorized to use
any trademark, trade name,
logo or copyright symbol of
the Issuer or any of its affiliates
or subsidiaries.
INFORMATION
PROVIDED BY YOU:
The
Issuer does not want you to,
and you should not, send any
confidential or proprietary
information to the Issuer
via the Site, except for certain
information requested in the
application for the JCPenney
Card or in connection with
customer service. You agree
that, except as provided in
the Issuer’s Privacy
Policy("Privacy Policy")
for the JCPenney Card Online
Credit Center, any information
or materials that you or individuals
acting on your behalf provide
to the Issuer will not be
considered confidential or
proprietary. By providing
any such information or materials
to the Issuer, you grant to
the Issuer an unrestricted,
irrevocable, worldwide, royalty-free
license to use, reproduce,
display, publicly perform,
transmit and distribute such
information and materials,
except as limited by the Privacy
Policy, and you further agree
that the Issuer is free to
use any ideas, concepts or
know-how that you or individuals
acting on your behalf provide
to the Issuer. You further
recognize that the Issuer
does not want you to, and
you warrant that you shall
not, provide any information
or materials to the Issuer
that are defamatory, threatening,
obscene, harassing, or otherwise
unlawful, or that incorporates
the proprietary material of
another.
LIMITATION
OF DAMAGES:
IN
NO EVENT SHALL THE ISSUER
OR JCPENNEY OR ANY OF THEIR
RESPECTIVE AFFILIATES OR SUBSIDIARIES
BE LIABLE TO ANY ENTITY FOR
ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL OR OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS
INTERRUPTION, LOSS OF INFORMATION
OR PROGRAMS OR OTHER DATA
ON YOUR INFORMATION HANDLING
SYSTEM) THAT ARE RELATED TO
THE USE OF, OR THE INABILITY
TO USE, THE CONTENT, MATERIALS,
AND FUNCTIONS OF THE SITE
OR ANY LINKED WEBSITE, EVEN
IF THE ISSUER OR JCPENNEY
IS EXPRESSLY ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
CHANGES:
The Issuer reserves the right,
at its sole discretion, to
change, modify, add or remove
any portion of this Agreement
in whole or in part, at any
time. Changes in this Agreement
will be effective when notice
of such changes is posted
on the Site. Your continued
use of the Site after any
changes to this Agreement
are posted will be considered
acceptance of those changes.
The
Issuer may terminate, change,
suspend or discontinue any
aspect of the Site, including
the availability of any features
of the Site, at any time.
The Issuer may remove, modify
or otherwise change any content,
including that of third parties,
on or from the Site. The Issuer
also may impose limits on
certain features and services
or restrict your access to
part or the entire Site without
notice or liability. The Issuer
may terminate the authorization,
rights and license given above
and, upon such termination,
you shall immediately destroy
all Materials. The Issuer
may terminate your use of
the Site at any time in its
sole discretion.
INTERNATIONAL
USE AND CHOICE OF LAW:
The
Site is controlled, operated
and administered by the Issuer
from its offices within the
United States of America.
Access to the Site from territories
where its contents are illegal
is prohibited. This Web Site
Usage Agreement shall be governed
by the laws of the State of
New York and the federal laws
of the United States of America,
without giving effect to their
conflict of laws provisions.
For all disputes arising from
or related to the Site, you
agree to submit to the personal
and exclusive jurisdiction
of the state and federal courts
located in New York.
This
Agreement constitutes the
entire agreement between the
Issuer and you with respect
to the terms of usage for
the Site. Any cause of action
you may have with respect
to your use of the Site must
be commenced within one (1)
year after the claim or cause
of action arises. If for any
reason a court of competent
jurisdiction finds any provision
of this Agreement or portion
thereof to be invalid or unenforceable,
that provision shall be enforced
to the maximum extent permissible
so as to effect the intent
of this Agreement, and the
remainder of this Agreement
shall continue in full force
and effect.
PRIVACY
POLICY:
The
Issuer has a Privacy
Policy that describes
the types of information that
the Issuer collects when you
visit the Site and how the
Issuer uses that information.
Copyright
Notice.
Except
as otherwise noted on this
web site, the contents of
this web site are copyrighted©
2000 by GE Money Bank. All rights
are reserved. No part of the
materials on this web site,
including web site text, graphics
and html code, may be reproduced
or transmitted in any form
by any means without the express
written consent of GE Money Bank.
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