Before utilizing the www.utilicard.com website (referred to as the “"Service"”) provided by UtiliCard (“us”, “we”, or “our”), please carefully review these Terms of Service (“"Terms"”). Your access to and usage of the Service is subject to your acceptance of and adherence to these Terms. These Terms are applicable to all visitors, users, and others who intend to access or utilize the Service. By accessing or using the Service, you are acknowledging your agreement to abide by these Terms. If you disagree with any aspect of these terms, you are not permitted to access the Service.

Purchases

If you decide to make a purchase ("Purchase") of any product or service offered through the Service, you may need to provide specific information relevant to your Purchase, such as your credit card number, credit card expiration date, billing address, and shipping information. You affirm and guarantee that: (i) you have the lawful authority to use any credit card(s) or other payment method(s) for any Purchase; and (ii) the information you provide to us is accurate, truthful, and complete.

To facilitate payment processing and the fulfillment of Purchases, the service might utilize third-party services. By supplying your information, you authorize us to share this information with these third parties, subject to our Privacy Policy.

We retain the right to decline or revoke your order at any time due to factors including, but not limited to, product or service availability, inaccuracies in product or service descriptions or prices, errors in your order, or other justifiable reasons. Furthermore, we reserve the right to refuse or annul your order if we suspect fraud or an unauthorized or illegal transaction.

Product Availability, Errors, and Inaccuracies

As we continuously enhance our range of products and services on the Service, occasional delays may occur in updating information both on the Service itself and in our advertisements on external websites. It's important to note that the information provided on the Service may occasionally contain errors or inaccuracies and might not always be exhaustive or up-to-date. There may be instances where products or services are inaccurately priced, described, or temporarily unavailable on the Service. While we strive for accuracy, we cannot guarantee the completeness or precision of all information available on the Service. Therefore, we retain the right to modify or amend information, and rectify any errors, inaccuracies, or omissions at our discretion and without prior notice.

Intellectual Property

The Service, along with its original content, features, and functionality, constitutes the exclusive property of UtiliCard and its licensors, and will continue to do so. Protected by copyright, trademark, and other applicable laws of both the United States and foreign countries, the Service enjoys legal safeguards. Any use of our trademarks or trade dress in association with any product or service requires prior written consent from UtiliCard.

External Website Links

UtiliCard may provide links to third-party websites or services that are not under UtiliCard's ownership or control. UtiliCard does not have authority over, and bears no responsibility for, the content, privacy policies, or practices of these third-party websites or services. The inclusion of such links does not imply endorsement of the offerings of these entities or individuals, nor of their websites.

By using our Service, you acknowledge and agree that UtiliCard is not liable, directly or indirectly, for any damage or loss arising from or allegedly related to the use of or reliance on any content, goods, or services provided by these third-party websites or services.

We strongly recommend reviewing the terms and conditions, as well as the privacy policies, of any third-party websites or services you visit. This ensures a clear understanding of their practices and policies.

Termination

UtiliCard reserves the right to terminate or suspend your access to the Service at any time, without prior notice or liability, at our sole discretion. This action may occur for any reason whatsoever, including, but not limited to, a violation of the Terms. Upon termination, all provisions of the Terms that should logically survive termination will do so. These include, but are not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify, and hold UtiliCard, its licensees, licensors, employees, contractors, agents, officers, and directors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, including but not limited to attorney's fees, arising from or related to: (a) your use and access of the Service, or (b) any breach of these Terms.

Limitation Of Liability

Under no circumstances shall UtiliCard, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, loss of profits, data, use, goodwill, or other intangible losses resulting from: (i) your access to or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content. This applies whether the damages are based on warranty, contract, tort (including negligence), or any other legal theory, and regardless of whether UtiliCard has been advised of the possibility of such damages. Even if a remedy set forth herein is found to have failed of its essential purpose, this limitation of liability stands.

Disclaimer

Your utilization of the Service is solely at your own risk. The Service is furnished on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express or implied. These include, but are not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. UtiliCard, its subsidiaries, affiliates, and licensors do not warrant that: (a) the Service will operate uninterrupted, securely, or be available at any specific time or location; (b) any errors or defects will be rectified; (c) the Service is free of viruses or other harmful components; or (d) the outcomes of utilizing the Service will fulfill your requirements.

Exclusions

In certain jurisdictions, the exclusion of specific warranties or the limitation or exclusion of liability for consequential or incidental damages may not be permitted by law. Therefore, the limitations outlined above may not be applicable to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. UtiliCard's failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

Updates to Terms of Service

UtiliCard reserves the sole discretion to amend or replace these Terms at any time. In the event of a significant revision, we will offer at least 30 days' notice before the new terms take effect. The determination of what constitutes a material change will be made solely by UtiliCard. By continuing to access or use our Service after the effective date of any revisions, you agree to abide by the updated terms. If you do not agree to the revised terms, you are no longer authorized to use the Service.

Contacting Us

If you have any questions or concerns about our Terms of Service or any other content on our website, please don't hesitate to contact us. We value transparency and want to ensure that our users have a clear understanding of our policies and content. Your feedback is important to us, and we're here to assist you with any inquiries you may have. Feel free to reach out to our team, and we'll be happy to address your concerns promptly.

Acknowledgment

By engaging with the Service, you affirm that you have thoroughly reviewed and understood these Terms of Service, thereby consenting to the use of cookies and similar technologies as outlined herein.