These Terms and Conditions constitute the agreement between CardTapp, Inc.
(“CardTapp”) and the user of the FNTG App® App service provided by CardTapp
(“Service”) and the associated software for the creation and maintenance
of the FNTG App® Application
(“Licensed Application” or “Software”), which you must download
to your computer and install on an authorized mobile device in order to use the
By using the Service or downloading, installing or using the associated Software, you expressly agree to be bound by these Terms and Conditions, including the End User License Agreement below, and future amendments and additions to these agreements as published from time to time at http://www.cardtapp.com (collectively, the “Terms and Conditions” or “Agreement”). CardTapp is sometimes referred to as “we,” “us,” “our,” or “CardTapp” and the user is sometimes referred to as “you,” “your,” or “user,” or “customer.”
These Terms and Conditions constitute a legal agreement between you, the end user, and CardTapp. This Agreement is a service Agreement. Please read it carefully before accepting it. Where this Agreement is provided in languages other than in English, in the event of a conflict in terms, the terms of the English version shall prevail.
By entering into these Terms and Conditions, you expressly confirm
that you are legally entitled and of legal age to enter this Agreement, that you
have read and understand fully its terms and conditions, and that you have confirmed
that your use of this Software and Service is permitted under the laws of your country.
CardTapp will not be responsible if the use of the Software or the Service does
not comply with the laws of your country.
You also represent and warrant that any information you provide to us in connection with your use of the Service or the Software (including, without limitation, your mobile telephone number) is accurate.
The Service is designed to enable users that have the Software installed and registered on their Compatible Devices (as defined below) to do the following from within the U.S. and other select countries and destinations: (i) design and create on their computer their own electronic business card website, which is a customized Internet-based application to be installed on their smartphones to market and promote their mortgage broker and related financial services to their customers and prospective customers, and (ii) maintain and support their application utilizing the Service for a recurring subscription fee. The Service and the Licensed Application will operate in a high quality Wi-Fi network environment and high quality 3G/4G network environment worldwide.
In order to use the Service, you must satisfy the following requirements:
You may only access the Service using authorized Software and Compatible Devices. It is your responsibility to download the correct Software for your Compatible Devices. CardTapp is not liable if you do not have Compatible Devices or if you have downloaded the wrong version of the Software. CardTapp reserves the right to terminate this Agreement should you be using the Service or the Software with a device that is not identified as a Compatible Device.
To use the Service, you must first manually open the Licensed Application
on your computer which is a Compatible Devices. You are solely responsible for the
use of the Service and payment thereof. You are responsible for ensuring the security
of your computer and mobile device, and the security of your user account details
and password with the Apple App Store, Google Play and similar third party services.
For more information on how to use the Service and the Software, see our Frequently Asked Questions at http://www.cardtapp.com/FAQ
If you provide us with your cell phone number, you consent to receiving account-related and Service-related information from us via SMS. You also agree that you are solely responsible for the SMS charges that your wireless provider may charge for both sending SMS to us and for receiving any account-related or Service-related SMS from us.
For more information on our customer service, please review the “Help Center” and “E-Mail Customer Support” sections within the Licensed Application and our website http://www.mortgagemapp.com. We assume no obligation to provide support services for any third party products or services, or for problems with our Service caused by third party products or services. Unless you have entered into a separate services agreement with us, we may change or terminate the customer service options we make available to users at any time.
Our Service is subject to our business policies, practices and procedures, which we can change at any time, with or without notice. In addition, our Service may be discontinued in its entirety for any reason at any time, with or without notice. Unless otherwise prohibited by applicable law, we can also change the terms and conditions of the Service plan (such as features, prices and free offers) at any time, with or without notice.
We may terminate your access to or use of the Service for any reason or no reason at any time in our sole discretion. If we terminate your access to or use of the Service for your violation of this Agreement, you will forfeit and not be refunded any unused pre-paid Service fees, charges and credits.
Our current fees and charges for your license of the Software and use of the Service are subject to a 365-day money back guarantee. All subscription fees for each calendar month of the term of this Agreement are due and payable by Customer in advance on or before the first day of the month, commencing after the purchase and download of the Software (the “Effective Date”), These fees and charges are subject to change at any time by the Company, effective upon thirty (30) days prior notice to you.
You may not assign your rights under these Terms and Conditions unless expressly agreed by CardTapp. CardTapp’s assignment rights are unrestricted.
CardTapp’s Service is solely for normal commercial use for you and your business. If you use the Service in a way that is inconsistent with such use, we reserve all right to terminate the Service. We also reserve the right to terminate your access to or use of the Service at any time for any reason or no reason.
You may use our Service, the Software and your device only for lawful, proper and appropriate purposes. You may not use our Service, the Software or your device in any way that is illegal, improper or inappropriate. As a means of example only, you may not use our Service to impersonate another person; send bulk unsolicited messages; use robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute information from our Service or use any automated means to manipulate our Service; use our Service to violate any law, rule, or regulation; violate any third party’s intellectual property or personal rights; or exceed your permitted access to our Service.
The Service is designed to be accessible on a world-wide basis. You will be solely responsible for any violations of local laws and regulations because of your use of our Service.
You have not been granted any license to use the Software we use to provide our Service or that we provide to you in providing our Service other than a nontransferable, revocable license to use the Software in object code form (without making any modification to it) strictly according the terms and conditions of these Terms and Conditions and the End User License Agreement below. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the Software.
We will track your usage of the Service, and may monitor the use of our Service for violations of these Terms and Conditions. We may remove or block all communications if we suspect a violation of these Terms and Conditions, or if we think it necessary in order to protect our Service, or CardTapp, its parent, affiliates, managers, members, officers, agents, and employees from harm.
If we believe that you have used our Service or your device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es) and all other account information, as follows:
We have the right to suspend or discontinue your access to the Service generally, or to disconnect your access to the Service, at any time, for any or no reason. By way of example, we reserve the right to immediately disconnect your access to the Service at any time without notice in the following circumstances:
You are the sole person authorized hereunder to use the Service for any purpose. You may not resell or transfer your right to access or use the Service or provide a business or marketing service to anyone else by using the Service or features of the Service without first getting our written consent.
YOU AGREE THAT OUR SERVICE IS PROVIDED “AS IS,” EXCEPT
TO THE EXTENT PROVIDED BELOW. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE
OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT WARRANT
OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, TEXT,
GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE AGENTTAPP®
APP, NOR ANY HARM THAT MAY BE CAUSED BY THE TRANSMISSION OF A COMPUTER VIRUS, WORM, TIME BOMB, LOGIC BOMB, OR OTHER SUCH COMPUTER PROGRAM. NEITHER CARDTAPP NOR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, DEVICES, OR PRODUCTS TO THE CUSTOMER FOR OUR SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR PREMISES OR EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS, DEVICES, OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF CARDTAPP’S OR ITS SERVICE PROVIDER’S OR VENDOR’S NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING OUR SERVICE, IF ANY, BY CARDTAPP OR CARDTAPP’S AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
In no event will CardTapp, its officers, managers, members, employees,
affiliates or agents or any other service provider who furnishes services to you
in connection with our Service be liable for any damages, including but not limited
to personal injury, wrongful death, property damage, loss of data, loss of revenue
or profits, or damages arising out of or in connection with the use or inability
to use the Service. CardTapp shall have no liability with respect to the content
of the FNTG App®> App or
any part thereof, including but not limited to errors or omissions contained therein,
libel, infringements of rights of publicity, privacy, trademark rights, business
interruption, personal injury, loss of privacy, moral rights or the disclosure of
confidential information. These limitations apply to claims founded in breach of
contract, breach of warranty, product liability, tort, and any and all other theories
of liability. CardTapp is not responsible for any impact the Software may have
on your device or any impact the download and installation of the Software may have
on your device. These limitations apply whether or not we were informed of the likelihood
of any particular type of damages.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You shall defend, indemnify, and hold harmless CardTapp, its officers, managers, members, employees, affiliates and agents, and any other service provider who furnishes services to you for our Service, from any and all claims, liabilities, losses, damages, fines, penalties, costs, and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of our Service, relating to our Service, including, without limitation, use of our Service by you or others using your account (whether or not such usage is expressly authorized by you).
You are responsible for all costs, damages and other liabilities that may arise from the content transmitted to any person, whether or not you authorize it, using the Service. You promise that you and anyone who uses the Service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our Service.
The law of the state of Washington, U.S.A., will govern this Agreement as well as the relationship between you and us, except to the extent such law is preempted by or inconsistent with applicable U.S. federal law. Because this Agreement is a transaction in interstate commerce, the Federal Arbitration Act (“FAA”), and not state arbitration law, shall govern the interpretation and enforcement of the arbitration provision contained herein. Venue of any legal action between the parties arising out of or in connection with this Agreement shall be with the competent state or federal court in King County, Washington.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. CardTapp reserves all of its rights at law and equity to proceed against anyone who uses its Service illegally or improperly. All determinations by CardTapp under this Agreement and exercise of its rights are made and done in our sole and absolute discretion.
The provisions of this Agreement that by their sense and context are intended to survive shall survive the termination or expiration of this Agreement.
If you are not a party to this Agreement, you do not have any remedy, claim, liability, reimbursement, or cause of action. This Agreement does not create any third party beneficiary rights.
These Terms and Conditions, the End User License Agreement (below), the Service plan terms and conditions (including the rates for the Service found on our website or displayed by us via the Service or Software), if applicable, as well as any future modifications to the foregoing, constitute the entire agreement between you and CardTapp. This Agreement governs your use of our Service as well as the use of our Service by others you allow to utilize the Service. This Agreement supersedes any prior agreements between you and CardTapp concerning its subject matter. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable,
all other parts of this Agreement will remain valid and enforceable. This invalidity
or non-enforceability will not invalidate or render unenforceable any other portion
of this Agreement.
It is important that you read this entire section carefully. This section provides for resolution of disputes through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
CardTapp and you agree to arbitrate any and all disputes and claims between you and CardTapp arising under this Agreement or the End User License Agreement below. Arbitration means that all disputes and claims will be resolved by a neutral arbitrator instead of by a judge or jury in a court.
Our Customer Care department can resolve most customer concerns quickly and to the customer’s satisfaction. If you have a dispute or claim against us, you should first contact the CardTapp customer care department by e-mail at email@example.com. In the event your dispute or claim is not resolved to your satisfaction, you may seek to have that dispute or claim resolved as set forth below.
A party who intends to seek arbitration must first send to the other
party a written Notice of Dispute. A Notice of Dispute to CardTapp must be sent
to CardTapp by certified mail addressed to: CardTapp, Inc., Attn:
Ben Brashen, 12708 Northup Way, Suite 301,Bellevue, WA 98005. A Notice of Dispute
must be sent to you by email addressed to you at the last known email address or
by certified mail at the last known mailing address, if any, known to CardTapp
either directly or through information provided to CardTapp, from third party
providers. The Notice of Dispute must describe the nature and basis of the dispute
or claim and set forth the specific relief sought.
If you and CardTapp do not reach an agreement to resolve the dispute or claim within thirty (30) days after the Notice of Dispute is received, you or CardTapp may commence an arbitration proceeding. You may download or copy a form to initiate an arbitration proceeding from the AAA website: http://www.adr.org/fileacase.
The arbitration shall be administered by the American Arbitration Association (“AAA”). You may contact the AAA by telephone at 1-800-778-7879, by email at Websitemail@adr.org., or by mail at 701 Pike Street, Suite 950, Seattle, WA 98101. The arbitration shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Unless you and CardTapp mutually agree otherwise, all hearings conducted as part of the arbitration shall take place in Seattle, Washington If your claim is for $10,000 or less, you or CardTapp may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim is in excess of $10,000, the right to a hearing will be determined by the AAA Rules.
You are responsible for all additional costs that you incur in the arbitration, including, but not limited to, attorneys or expert witness fees. If the arbitration proceeding is decided in CardTapp’s favor, you shall reimburse CardTapp its reasonable legal fees and costs. If the arbitration proceeding is decided in your favor, you will not be required to reimburse CardTapp for any of CardTapp’s fees and costs. If a party elects to appeal an award, the prevailing party in the appeal shall be entitled to recover all reasonable attorneys’ fees incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, CardTapp shall pay all fees and costs which it is required by law to pay.
You and CardTapp agree that, by entering into this Agreement, you and CardTapp are waiving the right to a trial by jury.
Class arbitrations are not permitted. You and CardTapp agree that the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and CardTapp agree that you and CardTapp may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. You and CardTapp agree that, unless you and CardTapp agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding. Despite any provision in this Agreement to the contrary, if this specific waiver of class actions provision, or any portion thereof, is found to be unenforceable, then the foregoing provisions of this Agreement requiring and setting forth procedures for binding arbitration of disputes (see Arbitration, Arbitrator and Arbitral Rules, Location and Procedure of Arbitration, Fees and Costs) shall be null and void.
You must contact us within one (1) year of the date of the occurrence of the event or facts giving rise to a dispute (except for billing disputes addressed above), or you waive the right to pursue a claim based upon such event, facts, or dispute.
Notwithstanding the foregoing, you and we agree:
Despite any provision in this Agreement to the contrary, if CardTapp makes any substantive change to this arbitration provision, you may reject any such change and require CardTapp to adhere to the language in this provision.
We may change these Terms and Conditions from time to time. By agreeing to these Terms and Conditions, you agree that we may provide to you by use of electronic communications required notices, agreements, and other information concerning CardTapp, including changes to these Terms and Conditions. Where applicable, we may give you notice of a change on the mortgagemapp.com home page, on the relevant web page of the applicable Service, by e-mail, via the Licensed Application, or by other permitted communication. Such notices will be considered given and effective on the date posted. These changes will become binding on you on the date they are posted and we are not required to give you further notice. By continuing to use the Service after revisions are in effect, you accept and agree to all revisions. If you do not agree to the changes, you must terminate your access and use of the Service and Software immediately. When posted, these Terms and Conditions supersede all previously agreed to electronic and written terms of service with respect to the subject matter hereof. If you want to withdraw your consent to receive notices electronically, you must discontinue your use of CardTapp services. If you continue to use our Service, we will consider this your acceptance of any changes.
You agree to comply fully with all relevant export laws and regulations of the United States, including but not limited to the U.S. Export Administration Regulations, administered by the Department of Commerce, Bureau of Industry and Security. You also expressly agree that you shall not export, directly or indirectly, re-export, divert, or transfer any portion of our Service or any direct product to any destination, company, or person restricted or prohibited by U.S. export controls.
The Service, our Software, website content, our materials, services,
logs, service marks and trademarks are protected by trademark, copyright, or other
intellectual property laws, and international treaty provisions. Infringement by
you may result in civil or criminal prosecution. You acknowledge and agree that
we (or our licensors) own all legal right, title and interest in and to the Service
and the Software, including any intellectual property rights which subsist in the
Service and the Software (whether those rights happen to be registered or not, and
wherever in the world those rights may exist) including, without limitation, all
rights with respect to copyrights, patents, trademarks, service marks, moral rights,
trade names, domain names, technology, mask works, know-how, design rights, trade
dress, trade secrets, inventions, ideas, processes, formulas, source code and object
code, data, and similar rights including the information in any application, registration,
or renewal thereof that may be protected under the intellectual property laws, regulations,
or rules of any country. You agree that in using the Service or Software, you will
not use any trademark, service mark, trade name, logo of any company or organization
in a way that is likely or intended to cause confusion about the owner or authorized
user of such marks, names or logos.
Third parties may make materials available using our Service. These third parties are not within our control. We do not review the content posted on our Service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit any material we know infringes another party’s copyright to remain on our Service. If you believe any materials on our Service infringe a copyright, you should give us written notice.
CardTapp will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.