Liberty Platinum Card Terms & Conditions
Thank you for visiting this website, a property of Liberty Platinum Card ("Company"). By using and/or accessing the website,
you agree to comply with and be bound by the following Terms and Conditions ("Terms and Conditions"), the Privacy Policy ("Privacy Policy")
and any and all other applicable Company operating rules, policies, price schedules and other supplemental terms and conditions or
documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the "Agreement").
Please review the complete terms of the Agreement carefully. If you do not agree to the Agreement in its entirety, you are not authorized
to use the website in any manner or form.
I. Requirements. The website is not intended for use by individuals under eighteen (18) years of age
or the applicable age of majority, if greater than eighteen 18 years of age. If you are under eighteen (18) years of age or the applicable
age of majority, you do not have permission to use and/or access the website. The website, and the ability to apply for services, are
available only to individuals who can enter into legally binding contracts under applicable law.
II. Agreement Acceptance. This agreement constitutes the entire and only agreement between you and
company with respect to your use of this website, and supersedes all prior agreements, representations, warranties and/or understandings
with respect to the website. As such, you agree to the terms and conditions set forth in this agreement with respect to your use of the
website. We may amend the agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any
amendment or modification to the arbitration provisions, prohibition on class actions provisions or any other provisions applicable to
dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification. The latest agreement will
be posted on the website, and you should review the agreement prior to using the website. By your continued use of the website, you hereby
agree to comply with and be bound by all of the terms and conditions contained within the Agreement effective at that time (other than
with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, which shall be governed by the
Dispute Resolution Provisions in effect at the time of the subject dispute).
III. Description of the Website. The website provides users with an opportunity to apply for products
and/or services ("Services"), as offered by Company's affiliated third-party service providers (the "Third Party Service Providers"). Please
be advised that Company does not itself provide services, and the ultimate terms and conditions of any product or service provided by its
Third Party Service Providers willbe determined by those Third Party Service Providers. To qualify to receive Services, you must first fully
complete the application form located at the website, as well as the application form set forth on the applicable Third Party Service
Provider's website. The information that you must supply on the website includes, but is not limited to: (a) your full name; (b) mailing
address; (c) telephone number; (d) email address; (e) date of birth; (f) highest educational level attained; (g) degree program requested/area
of study; (h) whether you or your spouse has served in the military; (i) year graduated from high school; and/or (j) any other information
requested on the Site Application (collectively, the "Site Registration Data"). Company's use of the Site Registration Data shall be governed
by the Privacy Policy.
To access the Privacy Policy please
click here.
Upon entering your Site Registration Data and clicking on the applicable submission button on the website, you may be redirected to the
website of a Third Party Service Provider. Company may also transfer your Site Registration Data to its Third Party Service Providers in
connection with facilitating the processing of your Services application. The information that you must supply on the TP Application
shall be determined by the applicable Third Party Service Providers (collectively, the "TP Registration Data" and, together with the
Site Registration Data, the "Registration Data"). Any information that you supply to any Third Party Service Provider shall be governed
by that Third Party Service Provider's privacy policy. Services application approval, and the ultimate terms and conditions of any
product or service provided by any Third Party Service Provider(s), will be determined by those Third Party Service Providers. Unless
explicitly stated otherwise, any future offers made available to you on the Site that augments or otherwise enhances the current features
of the Site shall be subject to the Agreement. You understand and agree that Company is not responsible or liable in any manner whatsoever
for your use of, or inability to use and/or qualify for, Services or other Third Party Service Provider sponsored products and/or services,
or for any dispute between you and any Third Party Service Providers. You understand and agree that Company shall not be liable to you or any
third party for any modification, suspension or discontinuation of any product, service or promotion offered by any Third Party Service
Providers. If Company terminates the Agreement for any reason, Company shall have no liability or responsibility to you. You understand and
agree that refusal to use the website is your sole right and remedy with respect to any dispute with Company, and the Agreement only
governs your use of the Site.
IV. Privacy Policy. We reserve the right to use all information regarding your use of the Site, and any
and all ther personally identifiable information provided by you, in accordance with the terms of our
Privacy Policy.
Use of the website, and all comments, feedback, information, Site Registration Data or materials that you submit through or in association
with the website, is subject to our Privacy Policy.
V. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation,
digital conversion, software, services and other matters related to the website are protected under applicable copyrights, trademarks and
other proprietary (including intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the website
is strictly prohibited. Retrieval of material from the website by automated means or any other form of scraping or data extraction in order
to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is
prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the
website. The posting of information or material on the Site by Company does not constitute a waiver of any right in such information and/or
materials. The website name and logo, and all associated graphics, icons and service names, are trademarks of Company. All other trademarks
are the property of their respective owners. The use of any trademark without the applicable trademark owners express written consent is
strictly prohibited.
VI. License Grant. You are granted a non-exclusive, non-transferable, revocable and limited license to
access and use the website and associated content in accordance with the Agreement. Company may terminate this license at any time for any
reason. You may use the site on one computer for your own personal, non-commercial use. No part of the website may be reproduced in any
form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease,
sell, modify, decompile, disassemble, reverse engineer or transfer the website or any portion thereof. Company reserves any rights not
explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper
working of the website. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure.
Your right to use the website is not transferable.
VII. Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or
otherwise interfere with the operation of the website, is a violation of criminal and civil law. Company will pursue any and all remedies
in this regard against any offending ndividual or entity to the fullest extent permissible by law.
VIII. Modification. Company reserves the right to edit, modify, or delete any documents, information
or other content appearing on the website in our sole discretion.
IX. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates,
and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against
any and all claims, expenses (including reasonable attorneys fees), damages, suits, costs, demands and/or judgments whatsoever, made by
any third party due to or arising out of: (a) your use of the website and/or Services; (b) your breach of the Agreement; (c) any dispute
between you and any Third Party Service Providers; and/or (d) your violation of any rights of another individual and/or entity. The
provisions of this Section IX are for the benefit of Company, its parents, subsidiaries and/or affiliates, and each of their respective
officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and
entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
X. Disclaimer of Warranties. The site, services and/or any other products and/or services that you
may apply for through the site are provided to you on an "as is" and "as available" basis and all warranties, express and implied, are
disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties
of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a
limitation thereof, company makes no warranty that: (a) the site, services and/or any other products and/or services that you may apply
for through the site will meet your requirements; (b) the site, services and/or any other products and/or services that you may apply for
through the site will be uninterrupted, timely, secure or error-free; (c) you will qualify for services from our third party providers;
or (d) the results that may be obtained from the use of the site, services and/or any other products and/or services that you may apply
for through the site will be accurate or reliable. The site, services and/or any other products and/or services that you may apply for
through the site may contain bugs, errors, problems or other limitations. We will not be liable for the availability of the underlying
internet connection associated with the site. No advice or information, whether oral or written, obtained by you from company, its
third party providers or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
XI. Third Party Websites.
The website may provide link out or refer you to other websites. Company has no control over such
third party websites, and therefore you hereby acknowledge and agree that Company is not responsible for the availability of such third
party websites and/or resources. Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy
policies, content, advertising, services, products and/or other materials at or available from such third party websites or resources,
or for any damages and/or losses arising therefrom.
XII. Limitation of Liability. You expressly understand and agree that company shall not be
liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not
limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if company has been advised of the possibility
of such damages), to the fullest extent permissible by law for: (a) the use or the inability to use the site, services and/or any other
products and/or services that you may apply for through the site; (b) the cost of procurement of substitute goods and services resulting
from any goods, data, information and/or services purchased or obtained from, or transactions entered into through, the site; (c) the
failure to qualify for services from our third party providers,; (d) the unauthorized access to, or alteration of, your registration data;
and (e) any other matter relating to the site, services and/or any other products and/or services that you may apply for through the site.
This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty,
negligence, strict liability, misrepresentations and any and all other torts. You hereby release company and its third party providers
from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such
limitations, the maximum liability of company to you under any and all circumstances will be three hundred dollars ($300.00). The
negation of damages set forth above is a fundamental element of the basis of the bargain between you and company. The website, services
and/or any other products and/or services that you may apply for through the site would not be provided to you without such limitations.
XIII. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed
and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Should a dispute arise concerning the website, Services, terms and conditions of the
Agreement or the breach of same by any party hereto: (a) th parties agree to submit their dispute for resolution by arbitration before
the American Arbitration Association in Los Angeles, California, in accordance with the then current Commercial Arbitration rules of
the American Arbitration Association; and (b) you agree to first commence a formal dispute proceeding. We may choose to provide you
with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with
a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your
dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your
county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can
choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief
that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the
arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable
attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered
shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing
contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending
an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right
to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the
arbitrator determines that your claim was frivolous. To the extent permitted by law, you agree that you will not bring, join or
participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees,
officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to
remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief.
This provision preventing you from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any
of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b)
is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within
thirty (30) days of the date that you first access the Site.
XIV. Miscellaneous. Should anypart of the Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The
Agreement is personal between you and Company and governs your use of the Site, superseding any and all prior and/or contemporaneous
agreements between you and Company. To the extent that anything in or associated with the Site and/or any Company offering is in
conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement
shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency
or partnership relationship be created through operation of the Agreement.
XV. Contact Us. If you have any questions about the practices of the site or this Agreement,
please e-mail us at info@mediaexperts360.com, or send a letter to Liberty Platinum Card, 132 Mill Road, Moncton, NB, Canada,
E1A 4A5, or call us at 506.857.0901.