Free Shipping by MasterCard Terms of Use


Introduction

These Terms of Use (these "Terms of Use") constitute a binding contract between you and MasterCard International Incorporated ("MasterCard" or "we") and describe the terms of your use of the FreeShippingbyMasterCard.com web site (the "Site") powered by Clarus Marketing Group, LLC (the "Site Operator") and the services available to you on and through the Site (the "Services"), including the Service known as the "Free Shipping by MasterCard Service," which provides to you the benefit of a credit to help reimburse  you for certain merchant ("Eligible Merchant") shipping fees for online purchases made using the applicable link on the Site to access such Eligible Merchant.  By accessing and using the Site or the Services, you accept and agree to these Terms of Use without limitation or qualification. If you do not agree to these Terms of Use, you may not use the Site or the Services.

Terms of Use Format

By accessing the Site or becoming a subscriber ("Subscriber") to the Service known as the "Free Shipping by MasterCard Service" you consent to have these Terms of Use provided to you in electronic form. You have the right to receive these Terms of Use in non-electronic form. You may request a non-electronic copy of these Terms of Use either before or after you electronically accept these Terms of Use. To receive a non-electronic copy of these Terms of Use, please contact us online or send a letter and self-addressed stamped envelope to: Free Shipping by MasterCard c/o Clarus Marketing Group LLC, 100 Roscommon Drive, Ste. 302, Middletown, CT 06457.

Registering as a Subscriber

You are not required to be a Subscriber to view benefits available through this Site, but only Subscribers can access the features of the Free Shipping by MasterCard Service. By registering and becoming a Subscriber, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or if you violate these Terms of Use, as determined in our sole discretion, we have the right to suspend or terminate your subscription and refuse any and all current or future use of the Site and the Services (or any portion thereof). You may not become a Subscriber if you are a resident of Iowa or of any country other than the United States. There is a limit of one Subscriber per household. 

Complimentary Service; Premium Service; Obligations for Credits; Recurring Billing

Complimentary Service.  As a Subscriber of the six (6) month complimentary Free Shipping by MasterCard Service, you will have access to and the ability to access Free Shipping by MasterCard Service benefits for six (6) months at no cost to you.  At the time of enrollment in the complimentary Free Shipping by MasterCard Service, you will be asked to provide certain personal information, including the number for your MasterCard-branded payment card (your "MasterCard Card"). Please note that your MasterCard Card number will be used to verify your status as a MasterCard cardholder, and your MasterCard Card account will be credited with your applicable credits.  Your MasterCard Card will not be charged for the six (6) month complimentary period.  

Premium Service.  If you choose to subscribe to the premium version of the Free Shipping by MasterCard Service, you will be asked to provide and authorize your MasterCard Card number to be charged for the premium features.  By enrolling, you agree to allow us to charge your MasterCard Card the subscription fee at the time of enrollment and at prices then in effect for your use of the Service, and to credit your MasterCard Card with applicable credits. We reserve the right to correct any billing or credit errors or mistakes made, even if we have already requested or received payment, and to update your information from available third-party sources. 

Your Obligations for Credits. Your credits for two (2) day shipping fees under the complimentary and premium Free Shipping by MasterCard Services are subject to: (i) the specified program limits on maximum credit amounts per purchase and maximum credit amounts per time period, (ii) your use of your MasterCard Card for your purchase at an Eligible Merchant using the link on the Site to access such Eligible Merchant, (iii) your submission of a valid receipt to us specifying the shipping fees within thirty (30) days of the applicable purchase, and (iv) any other applicable rules specified.  The list of Eligible Merchants for the complimentary and premium version of the Free Shipping by MasterCard Services may differ, and the list of Eligible Merchants may be changed at any time.

Recurring Billing. Access to the premium Free Shipping by MasterCard Service requires a subscription. If your subscription has an initial and recurring payment feature, you accept responsibility for all recurring charges prior to cancellation. To change or cancel your subscription at any time, go to the Customer Service link, or send your request to us using the Contact Us link on any page of the Site or by calling the Customer Service Department toll-free at 877-769-9725. Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. If you cancel your annual subscription, you will be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period, unless you have simply requested that your subscription not be renewed, in which case you may continue to access your subscription benefits until the end of your current term. Your non-termination or continued use of the Service reaffirms that MasterCard or the Site Operator, acting on MasterCard's behalf,  is authorized to charge your MasterCard Card on the recurring basis agreed to (e.g., monthly or yearly). We may submit those charges for payment, and you will be responsible for such charges. WE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR MASTERCARD CARD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, GO TO "CUSTOMER SERVICE," OR SEND YOUR REQUEST TO US USING THE "CONTACT US" LINK ON ANY PAGE OF THE SITE OR BY CALLING THE CUSTOMER SERVICE DEPARTMENT TOLL-FREE AT 877-769-9725. TO CHANGE YOUR MASTERCARD CARD, GO TO THE "ACCOUNT" SECTION OF THE SITE.

Current Information Required

YOU MUST PROMPTLY NOTIFY US IF YOUR MASTERCARD CARD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE CUSTOMER SERVICE SECTION OF THE SITE. IF YOU FAIL TO PROVIDE US ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.

Payment Method

The terms of your payment will be based on and may be determined by agreements between you and your MasterCard Card issuer (the "Payment Method Provider"). If Free Shipping by MasterCard does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand.

Change in Amount Authorized

If the amount to be charged to your MasterCard Card varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), we shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your MasterCard Card. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Free Trials and Other Promotions

Any free trial or other promotion that provides subscription access to the Service must be used within the specified time of the trial.

Age Requirement

You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to subscribe to the Free Shipping by MasterCard Service and to use the Services.

Right to Use Site Content

We are granting you a limited, nonexclusive, revocable license for you to view, share, print or download any Content, as defined below, from the Site and Services for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare derivative works or engage in any other non-personal use of any Content on the Site and Services. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Site and Services in any way that could or is intended to damage or impair the Site or Services, or any server or network underlying the Site or Services, or interfere with anyone else's use and enjoyment of the Site or Services. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray MasterCard, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page, or content by MasterCard.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site or Services. You agree not to collect personally identifiable information of other users of the Site or Services or to sell or otherwise exploit that information. 

Except for the limited rights expressly granted herein, all rights, title, and interest in and to the Site and Services and all Content contained therein are reserved and owned by MasterCard.

MASTERCARD RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE OR SERVICES TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the Site, Services and Terms of Use

MasterCard reserves the right to change or modify Content, materials, or information appearing on or in connection with this Site and Services, including these Terms of Use, at any time upon notice to you on the Site or via email. If you continue to use the Site or Services after such notice, you are bound by such revisions.

Intellectual Property Rights

The Content is protected by applicable intellectual property laws, and all Content is owned by MasterCard or used by MasterCard under a license or with permission. All text, formatting (including without limitation the selection, coordination, and arrangement of materials on the Site and Services, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos), and other materials and information on this Site and Services are subject to the intellectual property rights of MasterCard, its subsidiaries and affiliates, and their respective licensors and licensees (collectively "Content"). Certain features on this Site may be covered by, or licensed under, U.S. Patent 6,091,956. These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed, or transferred in any form by you. Nothing contained on the Site or available via the Services shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any MasterCard trademark, intellectual property right, or copyrighted material without MasterCard's prior written permission. The trademarks, logos, trade names, and service marks, whether registered or unregistered (collectively the "Trademarks"), displayed on the Site and Services are Trademarks of MasterCard and its third-party alliance partners. Nothing contained on the Site and Services should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Site or via the Services without the written permission of MasterCard or such third party that may own the Trademark.  Any unauthorized commercial use of these materials will violate MasterCard's intellectual property rights and will be subject to MasterCard's full legal rights and remedies.

Copyright Complaints

In operating the Site and Services, MasterCard may act as a "services provider" (as defined by DMCA) and offer services as online provider of materials and links to third-party web sites. As a result, third-party materials that MasterCard does not own or control may be transmitted, stored, accessed, or otherwise made available using the Site or Services. MasterCard has in place certain legally-mandated procedures regarding allegations of copyright infringement occurring on the Site and Services and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of MasterCard or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use. If you believe any material available through the Site or Services infringes a copyright, you should notify MasterCard using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). MasterCard will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices under the DMCA to: Copyright Agent, 2000 Purchase Street, Purchase, NY 10577, Attn: Law Department or to [email protected]

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Site or Services that you claim is infringing, with enough detail so that MasterCard may locate it on the Site or Services;
  3. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature.

MasterCard may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's e-mail address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you under the penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Interactive Forums and Groups and Feedback

User Submissions and Conduct. As a user of the Site or Services you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content, and links to such content if allowed by the Site and Services (collectively referred to as "User Submissions"). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorize MasterCard to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use, and disclose any personally identifiable information, images, or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site or Services and these Terms of Use. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant MasterCard all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission. You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and MasterCard regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials.

Ownership and Use of User Submissions. By making a User Submission, you understand that you are granting MasterCard a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive license in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The license you are granting to MasterCard includes the right of MasterCard and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license, and apply for copyright registration of the transformed User Submission in the name of MasterCard throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits MasterCard and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by MasterCard or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.

No Moral Rights. By making a User Submission, you are waiving and agreeing not to assert any copyrights or "moral" rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements, or other work contained in the Submission. You are also agreeing to appoint MasterCard as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that MasterCard can use the User Submission that you are licensing in any way MasterCard sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.  Upon request of MasterCard, you shall execute and deliver such additional instrument of license, as may be solely deemed by MasterCard, reasonably necessary to establish MasterCard's ability to use the User Submission as it sees fit and that "Moral Rights of Authors" are waived under these Terms of Use. Should MasterCard fail to request the said license instrument as stated, that shall not be deemed a waiver of MasterCard's rights and MasterCard may at a later time request the instrument.

Submissions or Feedback

From time to time, we may ask you for your feedback on MasterCard's Site or Services and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by MasterCard, (b) become the property of MasterCard, and MasterCard shall exclusively now and hereinafter own all rights, title, and interest therein, and (c) used without restriction by MasterCard licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or Services or otherwise. And MasterCard shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, MasterCard maintains a policy of not accepting or considering any creative ideas, suggestions, or materials from the public regarding its products and services ("Submissions"), and therefore, you should not make any Submissions to MasterCard in any communications through this Site or Services or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of MasterCard, and MasterCard shall exclusively now and hereinafter own all rights, title, and interest therein. Furthermore, MasterCard shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. MasterCard shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future MasterCard products and services.

Eligible Merchant and Merchants Offers

Eligible Merchants may provide to MasterCard certain discounts, rebates, or other benefits  on the purchases of goods and services ("Offers") that will be available on the Site or Services. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. MasterCard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. Except as set forth herein, all matters, including but not limited to delivery of goods and services, returns, and warranties, are solely and strictly between you and the applicable Eligible Merchants. You acknowledge that MasterCard does not endorse or warrant the Eligible Merchants that are accessible through the Site or Services nor the Offers that they provide.

Sweepstakes

From time to time, we make you aware of certain MasterCard-related sweepstakes or other promotions. All such sweepstakes and promotions are subject to the Official Rules for such sweepstakes and promotions and all related applicable laws, regulations and statutes.

Third-Party Content and Links to Other Websites

The Site or Services may contain third-party content and links to other web sites that are completely independent of the Site or Services. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by MasterCard. Moreover, MasterCard is not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked website and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by MasterCard but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Privacy Policy

MasterCard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on our web sites. The MasterCard Global Privacy Policy (linked below) provides an overview of what you can expect when you enroll in one of our programs, use the Services or simply browse the Site. Different or program specific policies may be applicable to our country-specific or program-specific pages. Please see the link at the bottom of any page for the applicable version of our policy. Click here to view our Global Privacy Policy.

Indemnification

You agree to indemnify, defend, and hold MasterCard and its business partners, staff, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorneys' fees and expenses, related to either your violation of these Terms of Use or your use of the Site or the Services. You will indemnify and hold MasterCard harmless from and against any claim, suit or proceeding brought against MasterCard arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions. You will indemnify and hold MasterCard harmless from and against any claims, damages, and costs resulting directly or indirectly from the use, disposition, reproduction, publication, or public communication of the User Submission. You are solely responsible for your own interactions with any merchants accessed through the Site or Services.

To the extent permitted under applicable laws, you hereby release us from any and all claims or liability related to any product or service of a Eligible Merchant, any action or in-action by a Eligible Merchant, including a Eligible Merchant's failure to comply with applicable law and/or failure to abide by the applicable Service terms. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction), which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Disclaimer of Warranties

MasterCard will use reasonable efforts to ensure that all material on this Site or via the Services is correct; however, accuracy cannot be guaranteed and MasterCard does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site or available via the Services.

THE SITE, THE SERVICES AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM MASTERCARD THROUGH THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, MASTERCARD DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE OR SERVICES, THAT THE SITE OR SERVICES WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR OWN RISK, ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE OR VIA THE SERVICES ARE PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE AND SERVICES, INCLUDING,  WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL MASTERCARD OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA, OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE, SERVICES OR CONTENT, EVEN IF MASTERCARD OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL MASTERCARD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100)(WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY SITE OR SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Inapplicability of Terms of Use to any MasterCard Payment Card Cardholder Agreement

MasterCard is a leading payment services organization. MasterCard is not a financial institution and does not issue credit, debit, check, or payment cards of any type of nature. Your MasterCard-branded payment card relationship is with an issuing bank or financial institution, and not with MasterCard directly. Any and all questions or issues regarding your MasterCard-branded payment card or cardholder account should be directed to the bank or financial institution that issued your card, and not to MasterCard. While MasterCard has a relationship with your issuing bank or financial institution, that relationship does not pertain to individual cardholders or payment card accounts.

Termination

We can suspend or terminate your Subscription to the Free Shipping by MasterCard Service and your access to the Site or the Services, in whole or in part, at any time, immediately and without notice if, at our sole discretion, you fail to comply with any of these Terms of Use. Upon termination, you must destroy all materials obtained from this Site and the Services and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Term of Use shall survive.

Access to Services

You understand and agree that your subscription in Free Shipping by MasterCard  Service is subject to and conditioned upon the following: Your continued adherence to these Terms of Use and any future modifications thereto. Your violation of these Terms of Use or any other agreement between you and us constitutes grounds for immediate termination of your subscription without further notice,  at our sole discretion. We may also terminate your subscription at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the Free Shipping by MasterCard community. Termination of your Subscription will result in cancellation of all rights of access and use of Services granted to Subscribers, and cancelled Subscribers may be denied access to Services or re-enrollment as Subscribers. We reserve the right to change, discontinue, or suspend the Free Shipping by MasterCard Service or any of the Services at any time for any reason. Subscribers may terminate their subscription at any time by sending their request to us, using the "Contact Us" button on any page of the Site, or by calling the Customer Service Department toll-free at 877-769-9725. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Use. Any decision that we make relating to termination or suspension of any Subscriber's account shall be final and binding. You agree that we may terminate, modify, discontinue, or abandon the Site or Services with or without notice to you and that we will not be liable to you or any third-party as a result of such termination, modification, discontinuance, or abandonment.

Operation of Site and Services

The Site and Services are operated by the Site Operator on behalf of MasterCard and its affiliates. You acknowledge and agree that the Site Operator may undertake the obligations and exercise the rights of MasterCard hereunder, and that Site Operator makes the warranty disclaimers and is subject to the limitations of liability herein. MasterCard may change the Site Operator at anytime.

Miscellaneous

These Terms of Use shall be construed, interpreted, and performed exclusively according to the laws of the State of New York, United States of America, without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use, the Services, or this Site shall be filed only in the federal or state courts sitting in New York. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site or Services, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Content and software from the Site and Services may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site and Services, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control, and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from the Site and Services, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from the Site and Services has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

These Terms of Use may not be assigned by you. MasterCard may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and MasterCard pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools, or other materials that you may access within the Site or Services. MasterCard's failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent), and your acceptance will be deemed binding between you and MasterCard. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.

©2014 MasterCard. MasterCard and the MasterCard Brand Mark are registered trademarks of MasterCard International Incorporated.