Terms and Conditions

 

Acceptance of Terms and Conditions

This Website (the “Website”) is owned and operated by SVM, LP and its subsidiaries and affiliates (collectively, “SVM”, “us”, “our”, or “we”). SVM offers this Website, including all information, products, tools and services available from this Website, to you, the user (“you”), conditioned upon your acceptance of all the terms, conditions,  policies and notices stated herein (the “Terms and Conditions”),. Your continued access or use of the Website constitutes your agreement to all such terms, conditions, policies and notices.  If you do not agree to these Terms and Conditions, please do not access or use the Website, use any of our products or services or otherwise interact or communicate with us.

We may change these Terms and Conditions at any time, without prior notice. If you access or use the Website after SVM posts a change, you accept that change. If you do not accept the change, please do not access or use the Website. You should check these Terms and Conditions periodically. 

If you purchase gift cards or other products using this Website, you also agree to the specific terms and conditions imposed by the merchant or sponsor on the use of its gift cards or other products (generally the merchant’s/sponsor’s terms and conditions are set forth on the back of its card; these merchant/sponsor specific terms and conditions may also be available on the merchant’s/sponsor’s website).

Additional terms and conditions of sale, either specifically stated herein or by reference through links to external websites, may apply to purchases of goods or services at either our public Website at www.svmcards.com (“Public Site”) or our password protected business-to-business portal Website at www.svmdirect.com (“SVMDirect”). If you make purchases at these Websites, you agree to abide by such other terms and conditions as applicable. If there is a conflict between these Terms and Conditions and the terms of sale for any goods or services offered through either of these Websites, the latter terms shall control with respect to your purchase or use of those goods or services.

As a condition to your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions.

SVM reserves the right to terminate your privilege of using all or any portion of this Website at any time and without notice to you for any reason in its sole discretion, including, without limitation, any breach by you of any of these Terms and Conditions.

 

Website Accounts, User Name, and Passwords

SVM grants you a non-exclusive, limited, and revocable license to access and use the Website. This license does not include any right to resell or make commercial use of the Website or its contents. The Website and its content may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purposes without the express written consent of SVM.  SVM may terminate this license at any time for any reason in its sole discretion.  This license terminates automatically if you breach any of these Terms and Conditions.  Upon termination, you must destroy all copies, deactivate all accounts, and disable all user names and passwords for the Website.

SVM cannot and does not guarantee continuous, uninterrupted or secure access to the Website. You acknowledge that there may be interruptions in service or events that are beyond our control. The Website may be unavailable from time to time for a variety of reasons including, without limitation, routine maintenance.  We retain the right in our sole discretion to deny service or access to the Website to anyone at any time and for any reason.

Certain parts of the Website, specifically SVMDirect, require accounts (“Accounts”) that will be password protected and accessible only to users with valid usernames and passwords.  You are the only individual authorized to use your password and Account.  Any transfer of passwords to, or use of passwords or Accounts by, an unauthorized person is strictly prohibited.  You will maintain the confidentiality of the user IDs and passwords by which you access the Website, and will allow access to the Website only by authorized persons, and not by any program, expert system, electronic agent, "bot" or other automated means. You acknowledge that neither SVM nor any third party associated with SVM will contact you to solicit your user ID or password. Therefore, you should not provide your user ID or password to any person whom you do not authorize to use your Account. Any use of your assigned user IDs or passwords will be deemed to be your use. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and one that is not typically found in a dictionary. You may never use someone else's Account, username or password without that person's permission. When creating your Account, you must provide accurate and complete information. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ACCOUNT, AND YOU AGREE THAT YOU ARE FULLY RESPONSIBLE FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT; AND THAT SVM IS NOT RESPONSIBLE FOR VERIFYING AND HAS NO LIABILITY FOR ANY ACTIVITIES THAT OCCUR UNDER YOUR PASSWORD OR ACCOUNT.  If there is a breach of security involving your Account, you must immediately change your password and notify us of such breach.  You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your user ID and password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction.

If you are under 18, you may not use the services provided via this Website.  You may be held liable for any losses incurred by SVM due to someone else’s use of your Account, user name, or password.  We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion.

 

User Obligations

You agree that you will not, and will not permit others to: (i) provide any purposely inaccurate information, commit fraud or falsify information in connection with the use of this Website and the use of your Account; (ii) provide any unauthorized third party with access to the Website, your Account, or any information, data, text, links, images, software, chat, communications or other content proprietary to SVM (collectively, "Content"); (iii) modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your use of the Website or your Account; (iv) engage in any activity that does not comply with applicable laws and regulations (including federal, state and local laws and regulations) or otherwise engage in any illegal, manipulative or misleading activity through the use of the Website; (v) introduce into the Website any code intended to disrupt the Website, alter or delete its Content, access confidential Content on the Website or interfere with the operation of the Website, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (vi) attempt to access any data not intended for you or attempt to scan or test the security or configuration of the Website or to breach security or authentication measures without proper authorization; (vii) post any material on the Website that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity; or (viii) infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Website, or (ix) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the  Website. You may post comments and other content; make other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is in compliance with the rules and conventions for postings and not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.

If you do post content or submit information or material to the Website, Linked Websites (defined below), through social media accounts administered by SVM, through email directed to us, or through other communications, then,  unless we indicate otherwise, you grant SVM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SVM the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity.

SVM has the right but not the obligation to monitor and edit or remove any activity or content. SVM takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Links to Other Websites

The Website provides hyperlinks, which are highlighted words or pictures within a hypertext document that, when clicked, take you to other websites not controlled by us ("Linked Websites").  These Linked Websites may contain terms and conditions and privacy provisions that are different from those provided herein. In addition, if you use a social media platform or your mobile device or other method of communication to interact with SVM or the Website, these applications also have terms and conditions and privacy provisions that govern the use of personal information related to that application. We are not responsible for the content, operation, actions or omissions of any linked website nor for the collection, use or disclosure of information collected through Linked Websites, social media platforms, mobile devices or other methods of communication and we expressly disclaim any and all liabilities related to such matters.

 

Ownership and Trademarks

SVM, or the applicable third party owner, retains all right, title and interest in, to and under all patents (including all reissues, divisions, continuations and extensions of such patents), patent applications, trademarks, trademark registrations, service marks, trademark registration applications, tradenames, domain names, all other names and slogans embodying business, product or service goodwill, copyrights, computer software, specifications, data, designs, trade secrets, technology, diagnostic tools, inventions, know-how, processes and confidential and proprietary information and any other intellectual property or other right, in all information and content (including all text, data, graphics, and logos) on the Website. SVM may enforce all rights to the full extent of the law.

Without the prior written consent of SVM, you are strictly prohibited from modifying, copying, transmitting, distributing, disclosing, displaying, performing, reproducing, publishing, licensing, framing, creating derivative works from, transferring or otherwise using in any other way for commercial or public purposes, in whole or in part, any information, text graphics, images, video clips, directories, databases, listing or software obtained from the Website. Systematic retrieval of content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Website without written permission from SVM is strictly prohibited.

Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, logo or service mark on the Website. Unless otherwise specified, the Website is for your non-commercial use only and you may print, copy and download any information or portion of the Website for your personal use only. Copying or downloading material from the Website does not transfer title to any material on the Website to you. If you copy or download any information or software from the Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You are prohibited from using any logos and marks for any purpose including, but not limited to, use in promotional materials and use as metatags on other pages or sites on the World Wide Web without the written permission of SVM or such third party, which may own the marks. You will not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.  Any unauthorized use terminates the permission or license to use granted by SVM or such third party, which may own the marks.

You recognize the value of the goodwill associated the Website and acknowledge that the Website and all rights therein and goodwill pertaining thereto belong exclusively to SVM. You further agree that it is critical that such goodwill be protected and enhanced and, toward this end, you shall not during your access or use of the Website or thereafter: (i) attack the title or any rights of SVM in or related to the copyright, trademarks, patents and other intellectual property of the Website; (ii) attack the validity of these Terms and Conditions; (iii) do anything by action or omission which might impair, violate or infringe the copyright, trademarks, patents, and other intellectual property of the Website; (iv) claim (adversely to SVM or anyone claiming rights through SVM) any right, title or interest in or to the copyright, trademarks, patents and other intellectual property of the Website; (v) misuse or harm the copyright, trademarks, and other intellectual property of the Website or bring SVM or the Website into disrepute; (vi) for your benefit, directly or indirectly, register or apply for registration of SVM's trademarks or any mark which is, in SVM's opinion, the same as or confusingly similar to any of SVM's trademarks; and/or (vii) for your benefit, directly or indirectly, register, maintain or apply for registration of a domain name which is, in SVM's opinion, the same as, confusingly similar to or incorporates any of the SVM's trademarks.

 

Communications

We may send you certain information that could include: (i) information regarding your Account and other information necessary for your Account and/or user administration; (ii) promotional communications which will inform you of special offers and products we believe might be of interest to you; and (iii) promotional communications from third parties that have a relationship with us.  As a user of the Website, you have consented to receive all of the kinds of information described above. If, at any time, you wish to no longer receive promotional communications, you may opt-out of the receipt of such promotional communications by unclicking (i.e. de-selecting) the “Receive SVM marketing newsletters and promotional information” box within the SVMDirect Website”.   Whether promotional emails come directly from SVM or indirectly from our vendors, such electronic communications include a link allowing you to opt out from receiving such communications in the future. In addition, either using SVMDirect or the Public Site, if you would like to opt out of receiving such communications in advance, or request that we not maintain a record of your email address, you may contact us at unsubscribe@svmcards.com.  Requests to be unsubscribed or to opt out of promotional communications will be processed promptly, however you may be included in the selection for additional promotional communications for a short period of time after you make your request. We reserve the right to send out certain communications relating to your Account information and other Account and/or user administration messages, and updates regarding your order status without offering you the opportunity to opt out of receiving them.

 

Collection and Use of Certain Information

You acknowledge that in order to use the Website, we will collect information about you, your company, and your order activities. You agree to hold us harmless for any information so disclosed to us.

You authorize us to use any such information and to disclose such information (i) to our representatives and agents in order to administer the Website, (ii) to third parties, where necessary or convenient for order processing and approvals or otherwise in connection with the Website, and (iii) otherwise in accordance with the terms of the Privacy Policy.

 

Gift Card Purchases and Use

For any and all purchases of gift cards or other services or use of this Website, you warrant that you are of legal age and, if applicable, are duly authorized to act on behalf of your entity or organization. You agree to pay to SVM the full purchase amount for any gift cards, goods and services that you purchase, including all applicable shipping, handling fees, processing fees, and taxes.

All prices and products are subject to change at any time without notice.

All orders submitted and purchases made using this Website are final. Gift cards purchased via this Website are not exchangeable, refundable, transferable or redeemable for cash and cannot be replaced if lost or stolen.

SVM makes every effort to satisfy customer requests for returns and exchanges, however, SVM reserves the right to refuse a gift card return or exchange request.  Please click here to view SVM's Gift Card Return and Exchange Policy

We, at our sole discretion, may refuse to issue or sell a gift card to any person or entity for any reason.

SVM distributes gift cards for various merchants and does not determine the terms and conditions that apply to their use. Each merchant specifies and imposes the terms, conditions, and restrictions that apply to the use of its gift cards. The amount of funds shown on the records of the merchant shall be deemed the available balance on the gift card.  You must have sufficient, available funds on your gift card to pay for all transactions. If your card balance is zero or becomes zero, the card will be terminated unless it is a refillable or reloadable gift card.

Certain Gasoline Gift Cards and Gasoline Reward Cards distributed by us (i.e. with a SVM logo on the back of the card) with low balances may not function at certain pumps or stations.  If this occurs, you may obtain a refund for the full remaining balance on your card by calling SVM at 1-800-786-8028.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR TRANSACTIONS MADE, AND GOODS AND SERVICES OBTAINED, WITH GIFT CARDS THAT YOU PURCHASE FROM SVM. THOSE TRANSACTIONS ARE SOLELY BETWEEN THE MERCHANT FOR WHOM THE GIFT CARD WAS ISSUED AND THE GIFT CARD USER. SEE ALSO THE PROVISIONS ENTITLED “DISCLAIMERS” AND “LIMITATION OF LIABILITY” BELOW.

 

Gasoline Reward (or Promotional) Cards (“Gasoline Reward Cards”)

Gasoline Reward Cards are for loyalty, award and promotional business sponsored purposes only and may not be purchased by individuals.  Gasoline Reward Cards come with unique pricing options and flexible expiration periods that afford the advantage of choice, providing you greater control over your corporate loyalty, award, or promotional program.  Unlike a conventional gift card, Gasoline Reward Cards are offered in a variety of denominations and expiration periods.  Upon expiration of the Gasoline Reward Card, the card will be terminated and may no longer be used.  Gasoline Reward Cards may not be resold or reloaded by you or the card recipient.  Minimum quantities may apply depending on denomination, expiration, and pricing structure.  All Gasoline Reward Card orders are subject to approval. 

 

Special Orders

Certain cards or denominations are not held in inventory and may require a special order.  Denominated products requiring special order will require a minimum order amount of US $1,000 for the card selected.  Other terms and conditions may also apply.

 

Prepaid Visa, American Express, Discover, and MasterCard

For purposes of these Terms and Conditions, Prepaid Visa, American Express, Discover and MasterCard Reward Cards (“Prepaid Reward Cards”) shall mean plastic or digital MasterCard, American Express, Discover or Visa-branded pre-denominated non-reloadable prepaid reward cards, including the SVM Visa Reward Card.

Prepaid Reward Cards may only be used in connection with bona fide loyalty, award or promotional business sponsored programs (“Programs” or “Program”) where individuals (“Participants”) are awarded a Prepaid Reward Card in connection with a Program, and where no money or other thing of value is given by the Participant in exchange for the Prepaid Reward Card including no price increase to cover the cost of the Prepaid Reward Card.  Unless otherwise stated, Prepaid Reward Cards shall have a valid through date at least twelve months after purchase by you and may not be resold to consumers or other businesses.

Prepaid Reward Cards are subject to customer identification and recordkeeping as required by the USA PATRIOT Act, and/or the PC Act including the following elements thereof: notification, collection, verification and recordkeeping of you, the “Purchaser”, and/or Participant information.Purchaser must undergo customer identification pursuant to 31 CFR 103.125 (also known as know-your-customer rules or “KYC”).You shall provide us the name, address, tax identification number and other information necessary for us to reasonably verify your identity, for performance of KYC, OFAC/OFSI screenings, and any other compliance activities, prior to or at the time of your Account set up and first order on the Website.You shall not be allowed to place orders for Prepaid Reward Cards without the necessary Purchaser identification data and verification.

If you desire to purchase Prepaid Reward Cards on SVMDirect, you shall first complete a KYC due diligence questionnaire provided in advance by your SVM sales representative.  SVM shall provide all completed KYC due diligence questionnaires to the bank program manager and/or card issuer for approval prior to placement of the initial order for SVM Visa Reward Cards.  Once the bank program manager and/or card issuer approves your company information and corporate funded purchase for loyalty, award, or promotional purposes, your SVM sales representative shall enable the "Add to Cart" button on the respective product which will allow you to purchase the Prepaid Reward Cards on SVMDirect.

The complete document describing the Terms and Conditions for Prepaid Reward Cards can be found at http://www.svmcards.com/home/images/TermsAndConditionsRewardCard.pdf and by purchasing Prepaid Reward Cards from SVM, you agree that you have read, understand, and agree to these Prepaid Reward Card Purchaser Terms and Conditions.

 

Order Processing

For any and all orders, you understand and agree to the following:

Additional Shipping & Handling Information

  • Please be aware of estimated shipping times for the various shipping methods.

  • We do not ship or deliver on holidays, Saturdays or Sundays.

  • Excluding orders for SVM Visa Reward Cards, the following estimated order processing times apply:

    • Gift card orders placed on SVMDirect after 11:00 am CT (or on the Public Site after 12:00 pm CT) are typically processed the next business day.

    • Gift card orders placed on Friday or prior to holidays after 11:00 am CT on SVMDirect; or on the Public Site after 12:00 pm CT; or anytime on Saturday and Sunday on either SVMDirect or the Public Site; are typically processed the following business day.

    • Gift card orders placed on Friday before 11:00 am on SVMDirect (or before 12:00 pm CT on the Public Site) for overnight delivery will typically be delivered on Monday. If Monday is a holiday, delivery will typically be the next business day.

    • Orders placed during holiday rush periods may experience delays.

    • On SVMDirect, depending on your account administration, you may be able to use your company’s existing FedEx or UPS account number. In these cases, you may be charged a handling charge for special handling of your corporate shipping option. The amount of the handling fee shall be disclosed to you automatically before you finalize and submit your order for processing.

    • Since the fulfillment and shipping process for plastic and electronic gift cards is quite different, we recommend that you separate your purchase of plastic and electronic gift cards onto two different orders.

  • On SVMDirect, depending on your account administration, you may be able to use your company’s existing FedEx or UPS account number.In these cases, you may be charged a handling charge for special handling of your corporate shipping option.The amount of the handling fee shall be disclosed to you automatically before you finalize and submit your order for processing.

Package Delivery

  • When shipping on SVM’s courier account and a receiving signature is required, SVM will guarantee the package to the point that it reaches its destination and a person signs for it, as long as the address is a business location.

  • If the customer chooses to ship on their own courier accounts and/or the customer chooses to waive the receiving signature requirement, SVM cannot guarantee the delivery of the package once it leaves our fulfillment facility.If the address is not a bona fide business location, SVM cannot guarantee the delivery of the package once it leaves our fulfillment facility.

Shipments Outside of the United States

  • We regret that we are not able to ship cards internationally, to APO/FPO addresses, or to Puerto Rico.

What verification methods are used?

  • We use Address Verification Service (AVS) for all credit card orders to verify accurate billing addresses. Orders placed with an invalid billing address are immediately rejected.

  • We reserve the right to cancel orders that do not meet our verification standards.

Shipments by First Class Mail

  • Shipping by First Class Mail is only available for orders of $150.00 card value or less. First Class Mail deliveries are sent via the US Postal Service and are not guaranteed. All risk associated with First Class Mail shipments is incurred by the purchaser. SVM (as card fulfillment provider) will not refund missing orders that are shipped via First Class Mail.

  • The U.S. Postal Service estimates 7-10 business day’s delivery time for First Class Mail to most locations.

Shipments by FedEx

  • Shipments via FedEx require a physical address for delivery. FedEx cannot deliver to a PO Box. If your billing address is a PO Box and your order will ship by FedEx, please confirm your physical shipping address in the "Order Remarks" section (available in the "Confirm Order" step of the order process on the Public Site) or the “Special Handling Instructions” section (available in the “Check Out” step of the order process on SVMDirect).

  • Shipments by FedEx OverNight generally have an afternoon arrival.

  • Shipments by FedEx Ground generally arrive in 3-5 business days depending on your location.

  • If your address is physically located outside of the continental United States (Hawaii, Alaska) you cannot choose 3-Day Express. You must choose FedEx Ground, FedEx 2 Day Air, or FedEx Overnight Air.

    Please be aware that if FedEx is unable to deliver your package due to improper addressing or inability to obtain delivery signature, you will be responsible for FedEx surcharges. In addition, you are responsible for subsequent shipping charges if your package has to be re-shipped to the correct address.

  • Ground shipping is not available on orders with a value of $5,000 or more.

 

Processing and Compliance Fees

  • All orders placed on the Public Site are charged a 3.95% processing and compliance fee.

  • For orders placed on SVMDirect, a processing and compliance fee shall be automatically calculated and charged based on the parameters of your account administration.The amount of the processing and compliance fee shall be disclosed to you before your finalize and submit your order for processing.

Payments by Credit Card

  • We accept Visa, MasterCard, Discover®, American Express, and Diner's Club (Diner’s Club only on the Public Site).

  • If applicable, you may be contacted to verify your order.

  • For the Public Site, we have partnered with PayPal to ensure that your credit card payment is handled securely.A PayPal account is not required.

  • For SVMDirect, we have partnered with CyberSource to ensure that your credit card payment is handled securely.CyberSource is a tokenized payment gateway.

  • SVM does not store your credit card information on file.

  • The maximum credit card purchase is $5,000.For orders over $5,000, payment must be by check, wire, or ACH.

Payments by Check

  • All checks must be drawn in U.S. funds from a U.S. bank.

  • Your first 3 orders will be approved for shipping 5 business days after the day we receive your check, money order or bank draft.

    Please make all checks payable to SVM, and mail to 3727 Ventura Drive, Arlington Heights, IL 60004, Attn: Check Dept. This information will be emailed to you for your reference.

 

Disclaimers

THE INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE WEBSITE AND OTHERWISE ARE PROVIDED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS. SVM DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED AS PART OF THE USE OF THE WEBSITE GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SVM EXPRESSLY DISCLAIMS THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. SVM WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE WEBSITE. SVM SHALL NOT BE LIABLE FOR ANY FAILURE OF THE PRODUCTS, SERVICES OR THE WEBSITE ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND SVM’S CONTROL.

IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SVM OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

 

Limitation of Liability

NEITHER WE, OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, OWNERS OR PARTNERS HAVE ANY RESPONSIBILITY OR LIABILITY FOR ANY EXPENSE, LOSS, COST, INJURY, DAMAGE, DELAY, ACCIDENT OR ANY OTHER MATTER OR THING WHATSOEVER (COLLECTIVELY, "COSTS"), HOWEVER SUFFERED OR CAUSED (INCLUDING COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR DAMAGES FOR LOSS OF INCOME OR PROFITS), DIRECTLY OR INDIRECTLY ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEBSITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC MAIL MESSAGES EITHER WE SEND YOU OR YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

General

These Terms and Conditions constitute the entire agreement between you and us regarding your use of the Website, your ability to access the Website, your ability to purchase products on the Website, and obtain any other services or benefits on the Website.  Interpretation of these Terms and Conditions shall be at the sole discretion of SVM.  Except as expressly provided herein, SVM reserves all rights with respect to the Website, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies and notify your Internet Service Provider of any fraudulent activity we associate with your use of the Website) in the event of any violations. When you deal with us over the Internet, you consent to the formation of contractual relations through electronic communications. We are the final authority as to the interpretation of these Terms and Conditions and as to any other questions or disputes regarding the Website. The Website, any purchase of products and services from this Website, and these Terms and Conditions are governed by the laws of the State of Illinois and the United States, without reference to its conflicts of law provisions, and specifically excludes the United Nations Convention for the International Sale of Goods.  All disputes arising out of or related to these Terms and Conditions will be subject to the exclusive jurisdiction and venue of the Illinois state courts of Cook County, Illinois or if in federal court, the United States District Court for the Northern District of Illinois, and the parties consent to the personal and exclusive jurisdiction of these courts in any such action or proceeding and waives any objection to venue laid therein.  If any provision of the Terms and Conditions is invalid or unenforceable, such provision shall not affect the validity and enforceability of the remaining Terms and Conditions. No waiver by SVM of any breach or default or failure to exercise any right allowed under the Terms and Conditions is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under the Terms and Conditions.

The Website is controlled from offices within the United States. SVM makes no representation that Website, the services provided by us or the content or materials in the Website are appropriate or available for use in all jurisdictions. Access to the Website, the services provided by us or the Website content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to use the Website, to use the services provided by us or to access the Website from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.  Any offer for any feature, product or service on the Website is void where prohibited.  SVM reserves the right to limit, in its sole discretion, the provision and quantity of any Website feature, product or service to any person or geographic location. 

 

Indemnification and Release

You agree to indemnify and hold SVM and its subsidiaries and affiliates, and their officers, directors, employees, shareholders, members, owners and partners,  harmless from and against any and all liabilities, damages, losses or costs, including without limitation, attorneys' fees and costs, incurred in connection with any claim directly or indirectly arising out of or related to your use of the Website or any breach by you of these Terms and Conditions or any activity related to your Account or password (including but not limited to negligent or wrongful conduct), by you or any other person accessing the site using your Account or password. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

SVM reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. You further agree to cooperate as requested by SVM in the defense of any claim. You shall not settle any claim subject to indemnification without the written consent of SVM.  By using this Website, you release SVM and its subsidiaries and affiliates from any claims, liabilities, damages, losses or costs that may arise from your use of this Website.  In the event that any taxes are payable upon your purchase of goods, services, or use of this Website, you agree to pay such taxes and to indemnify and hold SVM and its subsidiaries and affiliates harmless from any such taxes.

 

Contact Information
If you have any questions or comments about the Website or the Terms and Conditions for the Website, please contact either a Sales Representative at 1-877-300-1786 or Customer Service at 1-800-972-7481 (8am to 5pm CST, Monday through Friday). Or, you can write to us at:


SVM, LP
Attn: Customer Service
3727 Ventura Drive
Arlington Heights, IL 60004

Email: info@svmcards.com