Terms of Service

1. Hello!

Welcome to our site. This document is the Terms of Service for the PointsCompare website and any associated services. This is an agreement (“Agreement”) between Visual QC LLC (“PointsCompare"), the owner and operator of www.PointsCompare.com (the “Site ”), the PointsCompare software (“Software”), and any PointsCompare services ( “Service(s)”) and you (“you”, “your” or “user(s)”). The Site, Software and Services shall hereafter be referred to collectively as "PointsCompare Service." By accessing the PointsCompare Service, you agree to be bound by this Agreement and our Privacy Policy.
Throughout this Agreement, the words “PointsCompare,” “us,” “we,” and “our,” refer to our company, Visual QC LLC and our PointsCompare Service, or any part of our PointsCompare Service, as is appropriate in the context of the use of the words. We may amend our Terms of Service or Privacy Policy and may notify you when we do so. If you do not agree to the Terms of Service or the Privacy Policy please cease using our PointsCompare Service immediately. Users of our PointsCompare Service must be 18 years of age or above. If you are under the age of 18, you must have a parent or guardian’s permission and be a minimum of 13 years of age.

2. Just what is PointsCompare?

It is a service to help people identify which Credit Cards provide the most reward to them based on their current, expected, or projected spending habits.

3. User Accounts

In order to use our PointsCompare Service you will NOT be required to register for an account. We may collect information from you as outlined in our Privacy Policy. We have the final discretion in granting accounts in the future and reserve the right to reject users without explanation.

4. Our License Grant to You

We make our PointsCompare Service available to you at our discretion. When you access our PointsCompare Service, we grant you a personal, non-exclusive, revocable, limited license to use our PointsCompare Service. You acknowledge that we maintain all rights, title, and interest to the PointsCompare Service.
This license may be terminated at any time for any reason. If you wish to terminate this license simply stop using our PointsCompare Service. After termination, we may keep information you have provided to us for a reasonably commercial time for legal and internal purposes.

5. Your License Grant To Us

By submitting, placing material on or communicating with the PointsCompare Service, you hereby grant PointsCompare a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant PointsCompare the right to use your name in connection with the reproduction or distribution of such material.

6. User Guidelines

You are responsible for your use of the PointsCompare Service, and for any use of the PointsCompare Service made using your device.
(a) You agree not to:
  • Access or otherwise use the PointsCompare Service, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by PointsCompare.
  • Sell the PointsCompare Service anywhere else, share your license to use our PointsCompare Service with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our PointsCompare Service.
  • Use any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the PointsCompare Service in a manner that sends more request messages to PointsCompare servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that PointsCompare grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
  • Violate or infringe other people's intellectual property, privacy, or other rights while using our PointsCompare Service;
  • Spam us or any other users or engage in fraudulent, unlawful, deceitful, or misleading marketing, mailing, or advertising practices;
  • Interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the PointsCompare Service;
  • Take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
  • Upload invalid data, viruses, worms or other software agents through the PointsCompare Service;
  • Collect or harvest any personally identifiable information, including account names, from the PointsCompare Service;
  • Access the PointsCompare Service through any technology or means other than those provided or authorized by PointsCompare;
  • Impersonate any person or entity or misrepresent your affiliation with a person or entity;
  • Use our PointsCompare Service for any criminal communications or for transmitting any child pornography;
  • Use our PointsCompare Service to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent content;
(b) You agree to:
  • Use our PointsCompare Service only in a safe manner and in compliance with all laws.

7. Modification of Service

We reserve the right to alter, update, or remove our PointsCompare Service or your access to it at any time, or demand that you do so, at any time for any reason. We are not required to explain such modifications. Nothing in this section obligates us to take measures to update the PointsCompare Service for security, legal or other purposes. We recommend that you look through this Agreement from time to time. You may refuse to agree to any amendments, but if you do, you must immediately cease using our PointsCompare Service.

8. Service and Site Availability

We do not guarantee that the PointsCompare Service will always be available, work, or be accessible at any particular time. Only users who are eligible to use our PointsCompare Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the PointsCompare Service will work as advertised, or that it will give you the desired results.

9. Service Disclaimer

Although we aim to provide you the best credit card point comparison tool, please be aware that our Service is offered “as-is.” You agree that any information provided may be inaccurate, unsubstantiated, or possibly even incorrect. We cannot guarantee that our Site or Service will assist you in your business or make your business more profitable. You agree to release us from any liability that we may have to in relation to your use of our Software and Service.

10. Compliance With All Laws and Regulations

PointsCompare is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. Please be aware that all email content must not violate any FTC rules, the Can-Spam Act, or any other US federal laws. Our Software and Service is void where prohibited.

11. Intellectual Property Rights

The design of the PointsCompare Service along with PointsCompare created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to PointsCompare, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. PointsCompare reserves all rights not expressly granted by this Agreement to the PointsCompare Service.

12. Payments and Billing

There are no payments required to begin using our PointsCompare Service. If you apply for a credit card linked to from our PointsCompare Service you will fall under their terms for all transactions and payments.

13. Representations and Warranties

OUR POINTSCOMPARE SERVICE IS OFFERED “AS-IS”, INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR POINTSCOMPARE SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR POINTSCOMPARE SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR POINTSCOMPARE SERVICE, SATISFACTORY QUALITY OF OUR POINTSCOMPARE SERVICE, MERCHANTABILITY OF OUR POINTSCOMPARE SERVICE OR THAT OUR POINTSCOMPARE SERVICE IS NON-INFRINGING. WE DO NOT REPRESENT THAT YOU WILL RECEIVE ANY BENEFITS FROM USING OUR POINTSCOMPARE SERVICE OR EXPERIENCE MONETARY GAIN. AS OUR POINTSCOMPARE SERVICE MAY ENABLE YOU TO ACCRUE CREDIT IT IS POSSIBLE THAT YOU MAY LOSE MONEY AFTER USING OUR POINTSCOMPARE SERVICE. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE POINTSCOMPARE SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE POINTSCOMPARE SERVICE WILL BE CORRECTED, OR THAT THE POINTSCOMPARE SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. POINTSCOMPARE IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR POINTSCOMPARE SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE POINTSCOMPARE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE POINTSCOMPARE SERVICE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS OR SERVICES PURCHASED THROUGH OUR POINTSCOMPARE SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.

14. Limitation of Liability

IN NO EVENT SHALL VISUAL QC LLC , ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PointsCompare SERVICE, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PointsCompare SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PointsCompare SERVICE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PointsCompare SERVICE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR POINTSCOMPARE SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR PointsCompare SERVICE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Service, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR PointsCompare SERVICE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 USD OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR PointsCompare SERVICE, WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.

15. Indemnity

You agree to defend, indemnify and hold harmless PointsCompare its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
  • your use of and access to the PointsCompare Service;
  • your violation of any term of these Terms of Service;
  • your violation of any third party right, including without limitation any copyright, property, or privacy right; or
  • any claim that any material you provide to PointsCompare or actions through the PointsCompare Service caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the PointsCompare Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.

16. Choice of Law

This Agreement shall be governed by the laws in force in Wyoming. The offer and acceptance of this contract is deemed to have occurred in Wyoming.

17. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement will be heard solely by a court or tribunal of competent jurisdiction in or nearest to Laramie County, Wyoming.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

18. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

19. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, PointsCompare shall have the sole right to elect which provision remains in force.

20. Non-Waiver/Surviving Terms

We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

21. Assignment

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

22. Electronic Communications

The communications between you and PointsCompare use electronic means, whether you visit the PointsCompare Service, or send PointsCompare emails, or whether PointsCompare posts notices on the PointsCompare Service or communications with you via email. For contractual purposes, you (1) consent to receive communications from PointsCompare in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that PointsCompare provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Last Modified: June 22, 2020

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