Last Modified: September 2016
1. Other Agreements. Nothing in these Terms is intended to supersede, replace, or otherwise modify the existing agreements governing your use of any Card (each a "Card Agreement"), and the applicable Card Agreements continue to apply to your use of a Card with the Service. In the event of any conflict between these Terms and an applicable Card Agreement, the terms of the Card Agreement will apply. In addition, your use of the Service may be subject to, and governed by, additional agreements with third parties, such as your wireless service provider.
2. Eligibility and Use. You understand that not all Cards are eligible for use with the Service, and that such eligibility, and your access to and use of the Service, may be subject to change, suspension, or termination by Camden at any time for any reason, such as if Camden suspects fraud with a Card or if applicable laws change. Your further understand that the Service may not be accepted at all locations. If your rights to use the Service are terminated for any reason, you will remain obligated to us for all of the Card transactions initiated through the Service, even if they occur or are completed after your access to the Service has been terminated.
3. Your Responsibilities. As a condition of using the Service, you agree to: (i) protect and keep confidential your User ID, passwords, Card information and all other information required to make purchases with a Card using the Service (the "Credentials"); (ii) install updates and other software to your devices as required from time to time by any third parties; (iii) comply with all applicable laws in connection with your use of the Service, including laws governing the reporting and payment of any and all taxes; and (iv) assume full responsibility for the payment of any and all fees in connection with your use of the Service or your receipt of notices hereunder, including fees charged by your wireless service provider or a merchant. You are responsible for all transactions initiated by any person to whom you provide your Credentials, and you agree that a payment instruction received by us from the Service authorizes us to process that payment instruction using the applicable Card. Please notify us at once if a device enabled to use a Card with the Service has been lost or stolen.
4. Privacy. By using the Service, you are changing your information use and sharing choices to allow Camden to: (i) share your information with Service and other providers, including wireless service providers, and with any applicable card network (e.g., Visa, MasterCard) to facilitate your use of the Service; and (ii) share your information to enable the Service to be provided and to improve the Service and other products or technology.
5. Agreement to Electronic Notice. You agree to receive notices by electronic means, including via emails, text messages, or both to the email address or phone number you have provided to us. You agree to provide us with updates when your email address or phone number change. All notices from us will be effective when we have sent them to your last known email address, phone number, or mailing address in our records. Notices from you will be effective when received by us at the address specified in the applicable Card Agreement.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. SERVICE PROVIDERS PROVIDE AND ARE SOLELY RESPONSIBLE FOR THE USE AND FUNCTION OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAMDEN DISCLAIMS ANY AND ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE), INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, NON-INFRINGEMENT, PERFORMANCE, THAT THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT THE INFORMATION AVAILABLE THROUGH THE SERVICE WILL BE ACCURATE OR COMPLETE. EXCEPT AS SPECIFICALLY PROVIDED IN AN APPLICABLE CARD AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, CAMDEN IS NOT LIABLE FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, ARISING DUE TO CAMDEN'S NEGLIGENCE OR OTHERWISE, THAT ARE INCURRED IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICE, OR WITH ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNTS VIA THE SERVICE, AND YOU AGREE TO HOLD CAMDEN HARMLESS FROM ANY AND ALL LIABILITY ARISING FROM SAME.
7. Miscellaneous. This Agreement, and the documents that relate to it, including any applicable Card Agreement, represent your and our entire agreement. It supersedes and replaces all other agreements regarding the substance hereof. This Agreement may not be modified orally. If any provision of this Agreement is found for any reason to be invalid or unenforceable, or contrary to provisions of applicable law, then the remaining terms of this Agreement shall remain in full force and effect. However, if a provision of this Agreement is inconsistent with a law or regulation that allows for parties to modify its terms by agreement, then you agree that the provision of this Agreement is such a modification and is controlling. We may delay or forgo enforcing any rights that we have under this Agreement without losing them. If we fail to enforce our rights in a particular instance that waiver applies only to that instance and does not prevent us from exercising such rights in the future or in other situations. This Agreement shall be governed by the laws of the State of Maine, to the extent not preempted by federal law.
8. For Further Information. If you have questions about the use of a Card, the provisioning of a Card to the Service, or Camden's activities in connection with a Card, please contact Camden by referring to the contact information in the applicable Card Agreement. For all other questions related to the Service, please contact your Service provider.