Welcome To Shop Somerdale
PLEASE READ THESE TERMS OF USE CAREFULLY. FINCREDIT, ITS SUBSIDIARIES, ITS AFFILIATES, THE SOMERDALE BOROUGH ITS ECONOMIC DEVELOPMENT COMMITTEE AND SHOP SOMERDALE (COLLECTIVELY “PTC”) REQUIRE THAT ALL THE VISITORS TO THE SITE (“USERS”) ADHERE TO THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. BY ACCEPTING BELOW AND ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. BY ACCEPTING BELOW, YOU FURTHER AKNOWLEDGE THAT YOU HAVE READ THE SITE’S PRIVACY POLICY.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS HEREWITH OR WITH OUR PRIVACY POLICY, OR IF YOU ARE NOT IN GOOD STANDING WITH YOUR PROPERTY TAX PAYMENTS PLEASE DO NOT REGISTER AND DO NOT USE THE SHOP SOMERDALE SECTION OF THIS WEBSITE.
These terms of use and service ("Terms") apply to (a) your access to, and use of, the web site of Fincredit Inc. , also doing business as Propertytaxcard.com, its wholly-owned subsidiaries and its affiliates (collectively "Fincredit”), located at www.propertytaxcard.com on the World Wide Web (the “Site") and (b) the services accessed through the Site as more fully described below (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Fincredit Inc., or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site and/or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Fincredit Inc. for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits. Fincredit Inc., at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, Users should consult the Terms regularly. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
Description of Services
Fincredit is the administrator of the Shop SOMERDALE property tax reward program (the “Program”). Under the Program, when using a Shop SOMERDALE loyalty-type reward card (the “Card”) at participating SOMERDALE Borough merchants and other selected participating merchants located outside of the Borough of SOMERDALE (collectively the “Merchants”), the Merchants will provide SOMERDALE Borough's property owner(s) (the “Homeowner” or “Homeowners” or the “Cardholder” or “Cardholders”) a rebate on purchases in the form of property tax credits (the "Rebate" or “Rebates”). Individuals participating in the program that do not own a property in the Borough of SOMERDALE will receive a check for the total amount of the rebate accumulated over the Shopping Period. Checks are subject to a $7 check handling fee. Weekly, Fincredit collects and deposits all the Rebates from the participating merchants in a dedicated bank account.
CARDHOLDERS HEREBY AKNOWLEDGE AND AGREE THAT FINCREDIT AND ITS AFFILIATES WILL HAVE THE RESPONSIBILITY TO COLLECT REBATES FROM PARTICIPATING MERCHANTS AND TO TRANSFER SUCH REBATES TO the BOROUGH OF SOMERDALE, FOR THE PURPOSE OF CREDITING HOMEOWNERS PROPERTY TAX BILL OR TO SEND NON-PROPERTY OWNER PARTICIPANTS A REBATE CHECK. BY ACCEPTING THESE TERMS AND CONDITIONS, CARDHOLDERS AGREE THAT FINCREDIT AND ITS AFFILIATES ACT AS MERE AGENT IN THE COLLECTION AND PAYMENT OF FUNDS FROM THE MERCHANTS OFFERING THE REBATES TO THE BOROUGH OF SOMERDALE FOR THE BENEFIT OF THE HOMEOWNERS’ PROPERTY TAX BILL OR AS CHECK REBATES FOR THE BENEFIT OF NON-PROPERTY OWNER PARTICIPANTS.
IF FINCREDIT IS UNABLE TO COLLECT REBATES FROM THE MERCHANTS FOR REASONS INCLUDING, BUT NOT LIMITED TO, NON-SUFFICIENT FUNDS IN THE MERCHANT ACCOUNT AT THE TIME THE REBATE PAYMENTS ARE REQUESTED FOR COLLECTION BY FINCREDIT, YOU AGREE THAT FINCREDIT, ACTING AS A MERE AGENT, WILL HAVE NO LEGAL RESPONSIBILITY, WITH THE EXCEPTION OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, AND THAT ANY AND ALL CLAIMS REGARDING ANY FAILURE OR BREACH WITH RESPECT TO THE PROGRAM ARE LIMITED TO CLAIMS AGAINST ANY AND ALL MERCHANTS. PTC HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY MERCHANT OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH MERCHANT OR SUPPLIER AND YOU HEREBY EXONERATE PTC FROM ANY LIABILITY WITH RESPECT TO THE SAME.
YOU FURTHER AGREE THAT THE BOROUGH OF SOMERDALE ITS ECONOMIC DEVELOPMENT COMMITTEE AND ITS AGENTS INCLUDING, BUT NOT LIMITED TO, EDMUNDS ASSOCIATES, WILL HAVE NO LIABILITY WHATSOEVER AND THAT THE BOROUGH OF SOMERDALE WILL CREDIT YOUR PROPERTY TAX BILL ONLY AFTER RECEIVING PAYMENT FROM FINCREDIT SPECIFIC TO YOUR PROPERTY TAX ACCOUNT. IF THE BOROUGH OF SOMERDALE DOES NOT RECEIVE PAYMENT RELATING TO TAX CREDITS, WHETHER OR NOT SUCH REBATES WERE COLLECTED BY FINCREDIT, CARDHOLDERS WILL BE RESPONSIBLE FOR THE FULL AMOUNT OF THE PROPERTY TAX LIABILITY AS IF THE REBATES WERE NEVER PROVIDED BY THE MERCHANTS TO THE CARDHOLDERS. THE BOROUGH OF SOMERDALE HEREBY DISCLAIM ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY THE SERVICE PROVIDERS OR OTHER SUPPLIER THROUGH THE SITE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH SERVICE PROVIDER OR AND YOU HEREBY EXONERATE THE BOROUGH OF SOMERDALE FROM ANY LIABILITY WITH RESPECT TO THE SAME.
CARDHOLDER AGREES AND ACKNOWLEDGES THAT THIS IS A PRIVATE AGREEMENT BETWEEN THE PARTIES AND THAT THE BOROUGH OF SOMERDALE IS NOT A PARTY TO THIS AGREEMENT. NEITHER MERCHANT NOR FINCREDIT ARE ASSOCIATED WITH NOR ARE THEY AGENTS, SERVANTS OR EMPLOYEES OF BOROUGH OF SOMERDALE AND THEY HAVE NO AUTHORITY TO BIND OR MAKE REPRESENTATIONS ON BEHALF OF THE BOROUGH OF SOMERDALE.
The total Rebate amount earned by each individual Homeowner is transferred yearly to the BOROUGH OF SOMERDALE. In the case of renters and non-property owning individuals, rebate checks are also processed yearly. Rebates earned from May 1st of year 1, through April 30 of year 2 are allocated to Homeowner’s year2/year3 property tax bill.
Example:
12 months rebates earned: Transfer to BOROUGH OF SOMERDALE For credit to tax year: or processing of rebate checks will occur on or about:
From: May 1, 2013 to: April 30, 2014 June 1, 2014 2013/2014
It will be entirely at the discretion of the BOROUGH OF SOMERDALE on how the Rebates will be applied to your property tax bill. You understand and acknowledge that your participation in the Program is totally voluntary.
ONLY THOSE ACCOUNTS CURRENT ON ALL MUNICIPAL CHARGES ARE ELIGIBLE FOR PARTICIPATION IN PROGRAM. FURTHERMORE, YOU HEREBY ACKNOWLEDGE AND AGREE THAT IF, ON THE DATE FINCREDIT RECEIVES THE TAX BILL FROM BOROUGH OF SOMERDALE FOR THE PURPOSE OF TRANSFERRING THE PROPERTY TAX CREDITS, YOU ARE NOT IN GOOD STANDING WITH YOUR PROPERTY TAX PAYMENT AND WATER AND SEWER PAYMENT, PTC WILL HAVE THE RIGHT, AT ITS SOLE DISCRETION, TO REVOKE YOUR MEMBERSHIP IN THE PROGRAM. MOREOVER, IF THE ABOVE PAYMENT DELINQUENCY EXISTS, PTC WILL ALSO HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO DISPOSE YOUR ACCUMULATED REBATES FOR THE ENTIRE YEAR IN A MANNER DIFFERENT THAN PROPERTY TAX CREDITS, AT ITS SOLE DISCRETION, REGARDLESS TO WHETHER OR NOT YOU WERE IN GOOD STANDING WHEN YOU EARNED THE REBATES UNDER THE PROGRAM.
To register in the Program and to use the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Fincredit, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Fincredit.
Upon registration, Cardholders will be able to access their account and review Rebates earned.
Cardholders will have access to a list of Merchants and the related percentage of tax rebate that the Merchants will provide when shopping at their location. The amount indicated is net of program fees and expenses. Program fees and expenses to manage the program is a percentage of the Rebate provided to the Cardholders by the Merchants.
Usage of the Card may not be combined with any other offer(s). Merchants will have the right, at their sole discretion, to decline acceptance of the Card. You acknowledge and agree that PTC has no control over the Merchants policy on accepting the Card. PTC will take no responsibility on the loss of Rebate or on the collectability of the Rebate due to a Merchant’s policy change towards the Program. You further acknowledge and agree that PTC will make every effort to keep the list of Merchants updated on the Site database. Notwithstanding the foregoing, PTC will not take responsibility for the accuracy of the Merchant’s list on the Site and/or on the related Rebates offered.
Cardholders acknowledge that information will be collected and stored by Fincredit. Cardholders hereby acknowledge and agree that the Registration Data and shopping record will be available to patronized Merchants. Merchants have the right to utilize the Registration Data, for statistical and marketing reasons, including, but not limited to, special offers via email. Upon your expressed acceptance at the time of Card registration, Merchant may text also you its special offers.
Rebates on current property tax accounts will result in prepayments of future property taxes.
Section 61 of the Internal Revenue Code provides that that gross income means all income from whatever source derived. A rebate received by a buyer from the party to whom the buyer directly or indirectly paid the purchase price for an item is an adjustment in purchase price, not an accession to wealth, and is not includible in the buyer’s gross income. See Rev. Rul. 76-96, 1976-1 C.B. 23, as modified by Rev. Rul. 2005-28, 2005-1 C.B. 997. Notwithstanding the foregoing, PTC makes no representation and will have no responsibility on the accuracy and enforcement of this ruling. Cardholders should consult their accountant when making a determination on handling taxation relating to Program-related Rebates.
Issues concerning Rebates when a Cardholder sells its property are the sole responsibility of the Cardholder and its buyer. PTC makes no representation and will not be involved in any adjustments and/or negotiations with regard to Rebates.
When moving to another location in the same town, the Cardholder may edit the information on its account and any unpaid rebates on its account will be automatically transferred to the new account. However if the Cardholder moves out of town and sells its property, then it is the responsibility of the Cardholder to negotiate payment of the outstanding credits with its buyer. PTC will not have any involvement in the private transaction of transferring the property tax credit from one Cardholder to another.
When a Cardholder returns an item that was previously subject to a Rebate, the original purchase receipt, the Rebate receipt and the Card must be presented for full reimbursement. If the item is returned after the Rebates are paid to the BOROUGH OF SOMERDALE on the Homeowner’s property tax account or after a rebate check is issued, the Cardholders will be entitled only to the difference of the purchase price paid and the amount of the Rebates paid from the Merchant to the Cardholders, including fees paid to Fincredit. You may request reimbursement of the fee by writing to Fincredit, PO Box 43, Marlboro NJ 07746 or by sending an email with the transaction details to Support@propertytaxcard.com.
Notwithstanding the foregoing, returns are subject to the return policy of the Merchants participating to the Program. PTC makes no representation or has no opinion or takes any responsibility with regard to the return policy of Merchants.
Upon registering the Card, an account is created whereby the Cardholders may review their purchase activity at participating Merchants and monitor their Rebates. Cardholders acknowledge and agree that PTC will have no responsibility as to the accuracy of this information. PTC disclaims any liability, whether based on contract, tort, strict liability or otherwise, including without limitation liability for any direct, punitive, special, consequential, incidental or other supplied through the Site, including without limitation, liability for any act, error, omission, injury, loss, accident delay or irregularity which may be incurred through the fault, negligent or otherwise, of such service provider and you hereby exonerate PTC from any liability with respect to the same.
License
You are granted a limited, non-sub licensable license to access and use the Site solely in connection with the Program.
The Site is licensed from the owner Fincredit, Inc., a New Jersey company located at P.O. Box 43, NJ 07746 and is subject to your acceptance of these Terms. Such license is subject to these Terms and does not include: (a) any resale or distribution of the Site and its contents; (b) modifying or otherwise making any derivative uses of the Site, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading of any portion of the Site except as expressly permitted on the Site; or (e) any use of the Site other than for its intended purpose. Any use of the Site or the Site contents other than as specifically authorized herein, without the prior written permission of Fincredit, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
You assume responsibility for the selection of the Site to achieve your intended results, and for the installation, use, and results obtained therefrom. Fincredit reserves the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you.
You must be at least 18 years of age to create an account and to use the Site. By registering, you represent and warrant to us that you are 18 years of age or over. Should Fincredit be notified or otherwise become aware that you are under 18 years of age, Fincredit reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.
Fincredit reserves the right to refuse service to anyone at any time with or without notice for any reason.
User ID
To gain access to the Site, you will be required to register an access ID and password. The access ID and password may only be used by you. You will be responsible and liable for all activities occurring under your access ID and for keeping your password secure.
Links to Third Party Sites
The Site contains links to third party web sites, third party text, video feeds, offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by PTC and PTC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PTC is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. PTC is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by PTC of the site or any association with its operators. You acknowledge and agree that PTC may disable your use of or remove any third party linked sites on the Site to the extent that they violate these Terms.
User Privacy:
PTC reserves the right at all times to disclose any information as necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, (c) detect, prevent or otherwise address fraud, security or technical issues, (d) reply to user support requests or (e) protect the rights, property or safety of its users and the public.
Always use caution when giving out any personally identifying information about yourself or your children in any site. Personal information provided in connection with the Site is collected by Fincredit. The Site Privacy Policy does not apply to, and we are not responsible in any manner for, any information you provide to third parties (e.g. “Linked Sites”) in connection with the Site or how the Linked Sites or third parties may use the personal information you provide to them.
Use and Storage
Materials uploaded to Site may be subject to posted limitations on usage, reproduction and/or dissemination. Fincredit retains the right to create and/or change limits on use and storage at its sole discretion at any time with or without notice. You are responsible for adhering to such limitations.
Monitoring; Privacy
Fincredit reserves the right, but is not obligated, to monitor the use of its servers and related content within user accounts, whether published or unpublished, in the interests of security. You acknowledge that you have no expectation of privacy with respect to any such communications or postings, and you expressly consent to such monitoring. For information as to how we collect and use personal information we collect on this Site, please see our Privacy Policy.
Intellectual Property Rights
You acknowledge that Fincredit owns all right, title, and interest in and to the Site, including all intellectual property rights. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Site or Site IP.
Indemnification
You agree to hold harmless and indemnify PTC and its subsidiaries, affiliates, officers, agents and employees from and against any third party claim, including but not limited to, Merchants claim, arising from or in any way related to your use of the Program as described under Description of Services and/or the Site, including any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature.
Limited Warranty
PTC DOES NOT WARRANT THAT THE SITE AND/OR THE PROGRAM WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE AND THE PROGRAM ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE PROGRAM IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT PTC, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Liability Disclaimer
THE INFORMATION, CONTENT, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE AND THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FINCREDIT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE OR ANY USER SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PTC MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SAFETY AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON SITE OR ACCESSED THROUGH THE SERVICES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PTC HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PTC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR THE PROGRAM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PTC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, THE PROGRAM OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES AND THE PROGRAM.
YOU AGREE THAT PTC, ITS AFFILIATES AND ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF PTC IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. PTC CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.
Service Contact
Termination/Access Restriction
Fincredit reserves the right, in its sole discretion, to terminate your account and your access to the Site and the Program, or any portion thereof, and to remove or block access to any User Site or any User Content at any time without notice for any reason or for no reason.
Consent to Disclose Information
You acknowledge, consent and agree that Fincredit may access, preserve and disclose your account information (including your name and contact information) and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary or appropriate to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Site, its users and the public. Please see our Privacy Policy for more information on how we may use and disclose your account information.
Governing Law and Jurisdiction
To the maximum extent permitted by law, this agreement is governed by the laws of the state of New Jersey and the United States of America, and you hereby consent to Fincredit, being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the the Site and/or the Program. Use of the Site or the Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fincredit as a result of this agreement or use of the Site.
The performance of Fincredit per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by Fincredit with governmental, court and law enforcement requests or requirements relating to your use of Fincredit or information provided to or gathered by Fincredit with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Cardholder and PTC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Cardholder and PTC with respect to the Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright
All Content and other material on the Site are the proprietary property of Fincredit Inc. or its licensors or users and are protected by U.S. and international copyright laws. All rights not expressly granted in these terms are expressly reserved.
Trademark
PTC logos and any other product or service name or slogan contained in the Site are trademarks of PTC, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PTC or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing Property Tax Card or any other name, trademark or product or service name of PTC without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Fincredit and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Notices and Procedure for Making Claims of Copyright Infringement
If you believe that anything on the Site or the Service infringes upon any copyright which you own or control, you may file an e-notification of such infringement with our Designated Agent as set forth below.
To be effective, the notification must be a written communication that includes the following:
1.A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2.Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4.Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5.A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6.A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Fincredit has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Fincredit subscribers or account holders who are deemed to be repeat infringers. Fincredit may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
