Terms and Conditions
MYDINERSCLUB INTERNET APPLICATION FROM DINERS CLUB ®
IMPORTANT! READ BEFORE ACCESSING OR USING ANY DINERS CLUB® INTERNET APPLICATION.
The MyDinersClub Internet Application (the "Application") is subject to the terms and conditions detailed in the following license agreement (this "Agreement").
DINERS CLUB INTERNATIONAL LTD. ("DCI") LICENSES THE APPLICATION TO YOU SOLELY UPON THE CONDITION THAT YOU ACCEPT ALL THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. BEFORE YOU CLICK ON THE "I ACCEPT" BUTTON AT THE END OF THIS DOCUMENT, YOU SHOULD READ CAREFULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DCI IS UNWILLING TO LICENSE THE APPLICATION TO YOU, IN WHICH CASE YOU SHOULD CLICK THE "I DO NOT ACCEPT" BUTTON, AND YOU WILL BE RETURNED TO THE INITIAL PAGE. BY CLICKING ON THE "I ACCEPT" BUTTON OR OTHERWISE DOWNLOADING AND/OR USING THE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY, WARRANTING AND COVENANTING YOUR COMPLIANCE WITH AND BECOMING A PARTY TO THIS AGREEMENT AND WARRANTING THAT THE INDIVIDUAL WHO ACCEPTS THIS AGREEMENT HAS THE POWER AND AUTHORITY TO DO SO.
DEFINITIONS. "We", "Us" or "Our" means DCI, the exclusive owner, and/or the authorized licensor of the Application. "You" or "Your" means the individual, entity, or agent of such individual or entity which accepts the Application and the terms of this Agreement by clicking on the "I ACCEPT" button or by otherwise downloading and using the Application. By "Application", We mean the computer program contained on this website and any update to it which We may later provide to You. Your right to use the Application under this Agreement is called the "License".
LICENSE. After Your acceptance of this Agreement, You will have a limited, non-exclusive, non-transferable, terminable License to use the Application subject to the terms and conditions of this Agreement, but You do not own the Application.
AUTHORIZED USER. You alone have the right to use the Application. Your access to the Application shall be granted through Your user identification and password. The Application may not be used on any time sharing, service bureau, or similar system. You have an obligation to safeguard Your user identification and password. We will not be responsible for any loss or damage to You as a result of Your failure to properly safeguard user name and/or password.
AUTHORIZED USE. The Application is intended for use only by authorized Diners Club credit and/or charge card account customers in connection with information management. You may use the Application for data processing operations solely in Your capacity as a Diners Club credit and/or charge card account customer and in conjunction with an active Diners Club credit and/or charge card account relationship for information management purposes only. This Application shall not be used as a payment vehicle.
You may NOT, nor permit others to, (i) reproduce, modify, republish, sublicense, loan, sell, share, distribute or otherwise transfer the Application (or any portion thereof) to anyone else or use the Application for any commercial purpose, (ii) access or use the Application except as expressly and unambiguously authorized in this Agreement, (iii) reverse engineer, reverse translate, decompile, cross-compile, unbundle, disassemble or in any other way derive any source code from the Application, (iv) merge or embed the Application into another program; or (v) modify or alter the Application.
OWNERSHIP OF INFORMATION. The Application contains information regarding Your use of a Diners Club credit and/or charge card including, but not limited to, name, charge history, write-offs and other specifics regarding your account (the "Information"). All Information is and shall remain Our sole and exclusive property.
USER COMMUNICATIONS. In order to improve and better manage Our Application, We reserve the right to communicate directly with You, an authorized user of Our Applications. This may be done from time to time as We reasonably determine.
INDEMNIFICATION. You shall indemnify and hold us harmless from all liability, costs, claims, causes of action, or any other liability directly or indirectly related to your negligent acts or Your breach of this Agreement.
ENTIRE AGREEMENT. This Agreement represents the entire agreement between Us and You regarding the Application. It takes the place of any prior agreement, oral or written, and any other communications regarding the Application. This Agreement may be modified by You only in writing signed by You and one of Our authorized officers. However, We may at any time modify prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the application or the terms and conditions of this agreement including, but not limited to, your continued use of the application, and such modifications shall be effective upon notification by any means reasonable to give you actual or constructive notice.
ASSIGNMENT. You may not assign this Agreement, and any such assignment shall be void.
SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties and their permitted successors and assigns.
SEVERABILITY. Should any term of this Agreement, for any reason, be held to be illegal or unenforceable by court of competent jurisdiction, the remaining terms of this Agreement will continue in full force and effect, and the offending term shall be limited or modified to render the offending term enforceable.
ENFORCEABILITY. Our electronically or other properly stored copy of this Agreement shall be deemed to be the true, complete, valid, authentic and enforceable copy of this Agreement. You agree that You shall not contest the admissibility or enforceability of Our copy of this Agreement in a court for any proceedings arising out of this Agreement. This Agreement and Your acceptance of this Agreement shall be deemed to be as effective as execution of this Agreement by written signature performed manually by You, and this Agreement shall be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the Agreement is written and accepted electronically. Our records of the date on which you accept this Agreement, and the effective date of all future changes to this Agreement, shall be conclusive evidence as to the effective date.
GOVERNING LAW. This Agreement shall be governed by the laws of the State of New York, without application of conflict-of-law principles, and federal law of the United States of America, and shall be deemed entered into in New York.
BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS OF THIS AGREEMENT. TO REJECT THESE TERMS, CLICK "I DO NOT ACCEPT." YOU WILL NOT BE GIVEN ACCESS TO MYDINERSCLUB UNLESS YOU ACCEPT ALL TERMS OF THIS AGREEMENT. FAILURE TO ABIDE BY THE TERMS OF THIS AGREEMENT MAY RESULT IN LOSS OF ACCESS TO THE APPLICATION WITHOUT FURTHER NOTICE.
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