Terms and Conditions
RealMetalCards.com Terms of Service Last Updated: March 2, 2022
Please read these entire RealMetalCards.com Terms and Conditions (these "Terms and Conditions") and indicate whether you agree to these Terms and Conditions by clicking the
"I Agree" or similar button.
These Terms and Conditions define the relationship between RealMetalCards.com and its members and subsidiaries ("RealMetalCards" or "we" or "us") and you, the person registering
for or using our Services ("customer," "you" or "your"). You may use the Services (defined below) only if you are age 18 years or older and you can form a binding contract with us and are not
a person barred from receiving Services under the laws of the United States or other applicable jurisdiction. If you cannot confirm the foregoing, then you must not agree to these Terms and
Conditions and may not use the Application or Services. You may use the Services only in compliance with these Terms and Conditions and all applicable laws and regulations. We may amend these
Terms and Conditions at any time by posting the revised Terms and Conditions on the Site (defined below). We may terminate these Terms and Conditions at any time by suspending or terminating
access to the Services and/or notifying you. Your continued use of the Services after we have posted revised Terms and Conditions signifies your acceptance of such revised Terms and Conditions.
No amendment or modification of these Terms and Conditions will be binding unless in writing and signed by our duly authorized representative or posted to the Site by our duly authorized representative.
USA PATRIOT Act Customer Identification Program Notice
Important Information You Need to Know About Opening A New Account To help the government fight the funding of terrorism and money laundering activities, federal law requires
financial institutions to obtain, verify, and record information that identifies each person who opens an account.
Types of Information You Will Need to Provide When you open an account, we are required to collect information such as the following from you:
- Your name
- Date of birth
- Address
- Identification number
US Citizen: taxpayer identification number (Social Security Number) Non-US Citizen: taxpayer identification number, passport number and country of issuance, alien
identification card number, or government-issued identification showing nationality, residence and a photograph of you.
You may also need to show your driver's license or other identifying documents.
If Your Identity Cannot Be Verified We may not be able to open an account for you.
We thank you for your patience and hope that you will support the financial industry's efforts to deny terrorists and money launderers access to America's financial system.
Services
By using the Services, you can use our website, www.RealMetalCards.com, ("Site"), which contains an interactive platform, to obtain various financial services
(individually, the "Service," and collectively, the "Services"). RealMetalCards's Services provide, among other things, a method for customers to gain access to exclusive financial products and services.
Should RealMetalCards choose to begin offering a mobile application ("Application") in the future, the term "Services" shall also include the Application. Additionally RealMetalCards's online portal provides
customers with the ability to apply for a credit building card. RealMetalCards and its members offer its Services to customers subject to the following terms and conditions:
We are always working on new ways to improve our Services. We reserve the right to modify or change our Services, temporarily or permanently, with or without notice to you,
and we are not obligated to support or update the Services. You acknowledge and agree that we shall not be liable to you or any third party in the event that we exercise our right to modify,
change or discontinue any Services.
RealMetalCards Site
The Services may be utilized through the Site, which may be accessed at: www.RealMetalCards.com. Upon visiting the Site, you will be asked to create a customer account ("Account")
if you have not already created one. You must create an Account according to the Registration Section, below. If you already have an Account, you must log-in using your password to use the Services.
RealMetalCards Referral Program Guidelines
The RealMetalCards refer a friend program is intended to be a way for you to invite your personal friends, family members, and acquaintances to enjoy the benefits of the RealMetalCards credit
builder card, and be rewarded for your referrals. Whenever and wherever you refer RealMetalCards under the Program, any statements you make about RealMetalCards must be:
- Truthful
- Accurate
- Reflect your honest beliefs, and
- Be free of misleading statements
When referencing RealMetalCards, you may only use the language and links provided to you in your account website. Any modification or efforts to modify the delivery and accurate
presentation of the referral link, content, or other materials and instructions provided by RealMetalCards will be considered a violation of these terms.
Referral Audience:
- You may not take out ads on behalf of RealMetalCards, or use the RealMetalCards logo or likeness without written approval from the RealMetalCards team.
Violations and Bonuses
- Any violation or abuse of this program may result in the forfeiture or reversal of a referral bonus. You may also be deemed to be ineligible for future referral bonuses.
- RealMetalCards reserves the right to limit, cancel, or revoke referral bonuses at its sole discretion.
Agreement with Respect to Terms and Conditions
These Terms and Conditions constitute a legally binding agreement between RealMetalCards and you. You are responsible for regularly reviewing these Terms and Conditions. You can
review the most current version of the Terms and Conditions at any time on the www.RealMetalCards.com website. Additional terms may govern your use of certain sections within the Services. In the event
that any provision, term or guideline contained in a particular section of the Services conflicts with these Terms and Conditions, the terms of such Web page or section shall control over these Terms
and Conditions. You acknowledge that you have read these Terms and Conditions, and accept, understand and will be bound by such Terms and Conditions. You further acknowledge that these Terms and
Conditions, together with the RealMetalCards Privacy Policy and RealMetalCards Customer Terms of Service, represent the complete and exclusive statement of the agreement between us and supersede any proposal
or prior agreement oral or written, and any other communications between us relating to your access or use of the Services.
Privacy Policy
The information you provide to RealMetalCards, including your personal information, is subject to the terms of the RealMetalCards Privacy Policy, which is available at https://www.RealMetalCards.com.
By entering into these Terms and Conditions, you represent that you have read, understood and accepted the RealMetalCards Privacy Policy.
Registration
Only customers eighteen (18) years of age or older with a valid United States social security number ("SSN") may register and participate in RealMetalCards's valuable products and services
offer program. By registering for an Account, you certify that you are eighteen (18) years of age or older.
When you provide information to the Services, you agree to furnish only true, accurate, current and complete information about yourself and you consent not to misrepresent your
identity or your account information.
If you register on the Services, you consent to accept responsibility for all activities that occur under your Account or password. It is your responsibility to keep the
confidentiality of your password, and for restricting access to your computer, mobile device, or other Internet access device so that others may not access the password-protected portion of the
Services using your name in whole or in part.
We maintain the right to delete your Account or bar you access to the Services in our sole discretion, without notice and without liability.
If any information you furnish is fraudulent, inaccurate or not current, or if RealMetalCards has reasonable belief to suspect that such information is untrue, inaccurate or not
current, RealMetalCards, in its sole discretion, has the right to deny or terminate your use of any Service and refuse all current or future access to the Service. Further, you agree that RealMetalCards
will not be liable to you or any third party if RealMetalCards bars your access for any reason. RealMetalCards owns your account information.
While enrolling for the Services, we will ask you for the following types of information: contact information (such as name, address, phone number, and e-mail address);
sensitive information (such as date of birth, annual income, driver's license number and social security number or individual taxpayer identification number); and personal information to verify
your identity and financial information (such as credit card number). This information is required in order to verify your identity, and to fulfill our obligation to provide our services to you,
including communicating with third parties as necessary to provide such services, such as identification verification companies, consumer reporting agencies, credit bureaus, payment validation
companies, law enforcement agencies, or others.
Customer Content and Data
Feedback
You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to the Services, including
ideas or inventions collected by RealMetalCards ("Feedback"). Feedback may also include your responses to surveys or other reporting. RealMetalCards or its authorized third-party servicers may obtain information
from you regarding the use of the Services, including information such as payment transaction data, mobile usage or patterns, online or other activities conducted through your use of the Services.
You agree that Feedback (i) contains your original ideas or invention and is provided by you to RealMetalCards without payment or conditions; (ii) once conveyed to RealMetalCards, becomes the property and
confidential information of RealMetalCards; (iii) may be used or distributed by RealMetalCards for any purpose in connection with the Services or development of any other product or services, including
disclosure of such information to members, subsidiaries or third-party developers and publishers; and (iv) permits RealMetalCards to collect and use your personal information (including "nonpublic
personal information" or "NPI" as defined under the federal Gramm-Leach-Bliley Act and regulations promulgated pursuant to that act), in connection with the Services, provided that RealMetalCards
does not distribute that information to non-affiliated third parties without your permission. You agree that your Feedback is provided gratuitously, unsolicited and without restriction. RealMetalCards
shall have no duties or obligations with respect to Feedback provided by you. RealMetalCards shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation
to you.
Customer Generated Data
The Services may include automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for and in connection with the
Services, including but not limited to transaction data, pictures, photographs, videos, and other information, including content generated by you (individually and collectively, "Customer Generated Data").
You acknowledge that RealMetalCards and the other creators of Customer Generated Data have rights in their respective content under copyright and other applicable laws, and that except as expressly described
in these Terms and Conditions, such rights are not licensed or otherwise transferred to you. You accept full responsibility and liability for your use of any Customer Generated Data in violation of any
such rights.
You agree that you will not create, transfer, share, send, submit or upload any Customer Generated Data that:
(a) is protected by copyright, patent, trademark or trade secret or otherwise subject to third-party proprietary rights, including but not limited to rights of privacy and
publicity (unless you are or have permission from the rightful owner);
(b) contains fraudulent statements or misrepresentations that could damage RealMetalCards or any third party;
(c) contains any statements or materials that disparage, ridicule or scorn RealMetalCards or any third party;
(d) is obscene, defamatory, threatening, harassing, predatory, pornographic, hateful, racially or ethnically offensive, or encourages conduct that would violate any law or is otherwise inappropriate;
(e) is an advertisement or solicitation of business;
or (f) is an impersonation of another person.
You agree that RealMetalCards is not responsible or liable for Customer Generated Data submitted or posted by you or by others. RealMetalCards expressly disclaims any and all liability
in connection with any Customer Generated Data.
RealMetalCards has no duty to pre-screen Customer Generated Data. RealMetalCards has the right to edit, remove, block or refuse to post any submitted Customer Generated Data from any network
or internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so. RealMetalCards's Ownership and Use of Customer Generated
Data For the purposes of the Services, by posting, transferring, sharing or sending Customer Generated Data in any manner, you understand that RealMetalCards owns all such Customer Generated Data generated
by you, your mobile device, and any other software or hardware utilized in the Services. You understand and acknowledge that the RealMetalCards ownership of such data is in exchange for the benefits and value
you receive by participating in the Services. Optional Authentication and Security Features Should RealMetalCards begin making the Services available via an Application, RealMetalCards may make available to you
the following optional authentication and security services.
ID or Driver's License Scan
RealMetalCards may offer a method by which to simplify the Customer's registration in the Application by including an ID or driver's license bar code scan function. If you choose to use
this optional function, you are (a) granting explicit authorization for RealMetalCards to extract the personal information contained in your ID or driver's license bare code (e.g., name, address, age, etc.),
and (b) authorizing RealMetalCards to share that personal information with its third party vendors for purposes of identity verification and authorization, including, but not limited to, use within RealMetalCards's
"know your customer"/customer identification program. Neither RealMetalCards nor RealMetalCards's third party vendors will sell, share or otherwise disclose your ID or driver's license bar code information to any
other third parties.
Use and Restrictions
Content and Materials
All text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, algorithms, functionalities, features and computer code, including
but not limited to design, structure, "look and feel" and arrangement of the content available on the Site or Application (collectively, "Content") is owned, controlled or licensed by or to us, and is
protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. The Content, Site, and Application are operated and maintained
by RealMetalCards and its Members, and/or their licensors and suppliers (which may include lessors, lessees, owners, sellers, buyers, agents, brokers, multiple listing services, builders, service providers,
content providers, vendors and others) (collectively, "Licensors and Suppliers"). Except as expressly provided in these Terms and Conditions, no part of the Site, Application, or Content may be copied,
reproduced, republished, posted, publicly displayed, translated, or distributed in any way. Subject to the limited rights to use the Site, Application, and Services pursuant to these Terms and Conditions,
we retain all right, title and interest in and to the Site, Application, and Services, including all related intellectual property contained therein. Certain features of the Services allow you to upload,
post, publish, share, store, or manage data or visual content ("Materials"). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such
Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use,
in writing, from the copyright or other owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, exclusive, transferable, sublicensable
(as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and use Materials as we deem appropriate to perform the
Services and in accordance with these Terms and Conditions. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship
created by us or on our behalf and used in connection with the Services. All Materials are the sole responsibility of the person who originated such Materials whether publicly posted or privately
transmitted. Any use or reliance on any Content or Materials of other customers posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support,
represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or Materials posted via the Services or endorse any opinions expressed via the Services. You acknowledge
that we may enhance, supplement, modify, or remove Content on the Site and Application at any time for any reason without notice to you, but we shall have no duty to update such Content. You acknowledge
that there may be inaccuracies or typographical errors in content on the Site and Application from time to time and agree that we specifically disclaim all liability for such inaccuracies or errors.
You understand that by using the Services, you may be exposed to Materials that might be offensive, harmful, inaccurate or otherwise inappropriate.
We will not provide tax or legal advice with respect to your Account. We will not give you legal advice. You agree that none of the Content provided through the Site or Application
is intended as, and shall not be deemed to be, tax or legal advice. You acknowledge that you should consult with a personal tax advisor before making tax-related investment decisions.
Links to Other Sites
The Services contain links to other independent third-party web sites, and we provide links to third-party websites as part of the Services (in all cases "Linked Sites"). These Linked
Sites are provided solely as a convenience to you and based upon the Content you elect to view. Such Linked Sites are not under our control, and we are not responsible for and do not endorse, monitor,
review, investigate, verify, or validate the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. We are not responsible for the accuracy or
reliability of any information on the Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites. It is your responsibility to evaluate the
accuracy, reliability, timeliness, and completeness of the content of these Linked Sites. Some of the content served by us will be from merchant sites, and sales through these sites may generate a
commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party web sites, including, without limitation,
Linked Sites and websites linking to the Services. You should review applicable terms and policies, including privacy and data gathering practices, of third party web sites, and should make whatever
investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Terms of Use for Credit Card Offers
Conditions, Terms & Disclaimer
The RealMetalCards Web Site (the "Site") is an online information service provided by RealMetalCards, subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. RealMetalCards MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are RealMetalCards, its members
or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS,
CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or
delete any copyright or proprietary notices from the materials. You agree to grant to RealMetalCards a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to RealMetalCards by all means and in
any media now known or hereafter developed. You also grant to RealMetalCards the right to use your name in connection with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against RealMetalCards for any alleged or actual infringement or misappropriation
of any proprietary right in your communications to RealMetalCards.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of RealMetalCards. Other product and company
names mentioned in the Site may be the trademarks of their respective owners.
You understand that, except for information, products or services clearly identified as being supplied by RealMetalCards, RealMetalCards does not operate, control or endorse any
information, products or services on the Internet in any way. Except for RealMetalCards- identified information, products or services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that are not affiliated with RealMetalCards a. You also understand that RealMetalCards cannot and does not guarantee or warrant that
files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. RealMetalCards PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND RealMetalCards SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF
ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. RealMetalCards DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND THAT NOT ALL OFFERS LISTED AT RealMetalCards ARE NOT THE PROPERTY OF RealMetalCards. FURTHERMORE, YOU AGREE TO READ AND
ACCEPT THE TERMS AND CONDITIONS OF OFFERS BEFORE ACCEPTING AN OFFER OR SENDING PERSONAL INFORMATION THROUGH AN APPLICATION OUTSIDE OF RealMetalCards WEBSITE. DATA IS CONSTANTLY UPDATED AS RATES
AND FEES CHANGE. YOU AGREE TO VERIFY THIS INFORMATION FOR ANY OFFER YOU ARE CONSIDERING APPLYING FOR BEFORE SENDING PERSONAL INFORMATION ON THE FORM AT THE RELEVANT WEBSITE. YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE ACCESS TO SUCH MATERIALS IS AT YOUR RISK. RealMetalCards HAS NO CONTROL
OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS. YOU AGREE THAT CARD RATINGS ARE USED SOLELY FOR THE PURPOSE OF PERSONAL DATA. YOU AGREE TO VIEW THESE RATINGS WITH
DISCRETION AND WILL NOTE THAT THE TEXT SUPPLIED ON THESE RATINGS ARE NOT OPINIONS OF RealMetalCards.
IN NO EVENT WILL RealMetalCards BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
HARDSHIP, FEES, INTEREST RATES, CORRECT CREDIT CARD MATCHING, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. THE FREE PROGRAM PROVIDED BY RealMetalCards
(SCORE MATCH) IS NOT EXEMPT FROM THIS AGREEMENT. FURTHERMORE, RealMetalCards DOES NOT WARRANTY LIABILITY AGAINST THE USE OF CREDIT CARD MATCHES UNDER THIS SYSTEM. THE USER UNDERSTANDS THAT
RealMetalCards MATCHES CREDIT CARDS BASED SOLELY ON ITS STAFF'S KNOWLEDGE FOR MATCHING APPROPRIATE CARDS FOR SPECIFIC SCORES. USE OF THIS SYSTEM IS AT THE USER'S OWN RISK BY ALLOWING RealMetalCards
TO ONLY SUGGEST CARDS THAT ARE MORE LIKELY TO BE APPROVED AND INSTITUTES NO LIABILITIES, INCLUDING, BUT NOT LIMITED TO THE POSSIBILITY OF LOWER INTEREST RATES, FEES, REWARDS, AND
INCENTIVES FROM OTHER CARD ISSUERS AND LENDERS.
THIS IS NOT THE TERMS AND CONDITIONS FOR FINANCIAL OFFERS CONTAINED IN THE RealMetalCards DATABASE. PLEASE SEE WEBSITE AND / OR APPLICATION FOR SPECIFIC TERMS AND
CONDITIONS. ALL INFORMATION CONTAINED IN THE RealMetalCards DATABASE SHOULD BE USED FOR INITIAL REFERENCE AND COMPARISON ONLY. THE DATA IS NOT A CONTRACT IN ANY WAY, SHAPE OR FORM. ALL
APR'S, FEES, GRACE PERIODS, TIMELINES, OTHER INTEREST RATES, TEXT AND DETAILS ARE UPDATED AS RealMetalCards RECEIVES SUCH NOTICE OF CHANGES OR FINDS THAT CHANGES IN THIS DATA HAVE OCCURRED
- THESE SAID INPUTS SHOWN TO THE USER ARE FOR THE LOWEST POSSIBLE RATES, FEES AND TIMELINES AVAILABLE. INFORMATION CONTAINED IN THE DATABASE SHOULD BE VERIFIED BEFORE APPLYING FOR ANY
OFFER, WHICH CAN NORMALLY BE FOUND ON THE ISSUING OFFER'S TERMS AND CONDITIONS. EVEN IF RealMetalCards OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, RealMetalCards LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
RealMetalCards makes no representations whatsoever about any other web site which you may access through this one or which may link to this site. When you access a
non-RealMetalCards web site, please understand that it is independent from RealMetalCards, and that RealMetalCards has no control over the content on that web site, including but not limited to:
fees, interest rates, terms and conditions or other material. In addition, a link to a RealMetalCards web site does not mean that RealMetalCards endorses or accepts any responsibility for the
content, or the use, of such web site.
RealMetalCards has financial relationships with some of the cards mentioned here, and RealMetalCards may be compensated if consumers choose to apply for these cards in our
content and ultimately sign up for them.
You agree to indemnify, defend and hold harmless RealMetalCards, its officers, directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person accessing the Service.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of RealMetalCards and its officers, directors, employees, agents, licensors,
suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on
its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions),
2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be
performed in The United States of America. You agree that any legal action or proceeding between RealMetalCards and you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with
respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. RealMetalCards failure to insist upon or
enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. RealMetalCards may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved
Subject to the provisions in these Terms and Conditions, you may use the Services for non-commercial purposes to: (i) learn about the Services; (ii) open Accounts
to participate in the Services; (iii) select a Service or Services; (iv) access and print or download copies of the current version of these Terms and Conditions and other documentation
relating to the Services; and (v) make such other use of the Services as we may expressly permit from time to time in furtherance of the objectives and growth of the Services. Subject
to these Terms and Conditions, we hereby grant you a personal, nontransferable, nonexclusive, non-sub licensable license to use the Services and their Content in accordance with these
Terms and Conditions, and for no other purpose. All rights, title and interest in and to the customer interface and Content, including any software, on or through the Services shall
belong to us or our Licensors and Suppliers, including all modifications thereof and enhancements thereto. The Content and customer interface made available from, on or through
the Services may not be copied, modified, republished, assigned, sold or distributed to you, nor may derivative works be prepared there from. The license granted to you pursuant
to these Terms and Conditions is solely for your personal use (but not for resale or redistribution) as a customer of the Services and may not be used for any other purposes. You shall
not reverse engineer, de-compile, or otherwise translate, in any way, the Content and customer interface made available from, on, or through the Services. You have
no right or claim of right to the Content or any unique ideas found on the Services. No ownership rights are granted to you hereunder and no title is transferred hereby.
You agree that you will use the Services to protect against or prevent actual fraud, unauthorized transactions, claims or other liabilities.
You may not use the Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment,
including, without limitation, the laundering of proceeds of any unlawful activity, the financing of terrorism, the commission of fraud or market manipulation, the harassing or making
disparaging comments to any customer of the Services. We reserve the right to take preventative or corrective actions to protect ourselves and our customers. Your use of the Services is
conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Services and
liability for damages caused by your noncompliance. In addition to the foregoing, while using the Services, you may not, except as may be expressly set forth above under "Permitted Uses"
(a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate
information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others' privacy rights or rights of
publicity; (c) access or use (or attempt to access or use) another customer's Account without permission, or solicit another customer's login information; (d) transmit any software or
materials that contain any viruses, worms, Trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of the Services; (f) "frame" or "mirror" any portion of the Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device
or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Services; (h) harvest or collect information about or from
other customers of the Services; (i) use the Services for any illegal activity; (j) probe, scan or test the vulnerability of the Services, nor breach the security or authentication measures
on the Services or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, such as a denial of service attack; (k) send or otherwise
post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that is hateful, threatening or pornographic,
incites violence, or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of RealMetalCards, or provide, disclose
or transmit any portion of the Content to any direct or indirect competitor of RealMetalCards; (o) use or distribute any Content, including Content that has been verified or confirmed by
you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
RealMetalCards Unauthorized Transaction Policy
This policy applies to unauthorized and/or erroneous transactions involving your RealMetalCards Account and/or the registered bank account on file.
You should immediately notify RealMetalCards in the event that you believe any of the following has occurred:
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There has been an unauthorized transaction or unauthorized access to your RealMetalCards Account;
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There is an error in your account history or the payment confirmation sent to you via email;
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Your password or email account has been compromised;
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Your registered bank account has been compromised;
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Your mobile device has been stolen or otherwise compromised; and/or
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You need more information about a transaction, a loan payment confirmation, or the policies and procedures listed.
Notification must be provided to RealMetalCards within thirty (30) days after the issuance of any bank account or RealMetalCards Account statement containing any error.
RealMetalCards reserves the right to release liability if the disputed claim is not presented to us in a timely fashion as described above.
RealMetalCards encourages its customers to log into their RealMetalCards Account often to ensure that there has not been an unauthorized transaction or error. RealMetalCards
will send an email to the email address provided in order to notify you of each transaction from your RealMetalCards Account. We recommend that you review these loan payment confirmations
to ensure that each transaction is accurate and authorized.
If you believe that the transaction or loan payment history in your RealMetalCards Account contains an error, or if you need any information regarding your
RealMetalCards Account or transactions to determine whether an error exists, you should contact us as soon as possible by using the Contact Us page, or writing to us at:
Attn: Compliance Department
When you contact us about an error or an unauthorized transaction, you may be asked to provide us with the following information:
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Your name, address, telephone number, and the e-mail address associated with your RealMetalCards Account;
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A description of the error or transaction that you are unsure about, and a clear explanation of why you believe it is an error or
why you need more information;
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The dollar amount of the suspected error;
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The transaction date and associated transaction identification number from your RealMetalCards Account history and bank account statement;
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A telephone number at which you can be reached in case we need further information;
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The name and telephone number of your bank if the error relates to a debit from or a credit to your bank account using your RealMetalCards Account; and
If you provide us with this information over the phone, we may require that you send us your grievance or question in writing within ten (10) Business Days of your
inquiry. If we ask you to put your grievance or question in writing and we do not receive a response from you within ten (10) Business Days, we will consider the inquiry dismissed.
Resolution Process Once you notify us of any suspected unauthorized activity or error, or we learn of one otherwise, we will do the following: |
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Conduct an investigation to determine whether there has been an unauthorized transaction or error.
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We will attempt to determine whether an error or unauthorized transaction occurred within ten (10) Business Days after we hear from you.
If more time is needed to process your claim, we may take up to thirty (30) days to investigate your grievance or question. Notification will be given to you if more time is needed.
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We will tell you the results of our investigation within three (3) Business Days after its completion.
- If we determine that there was no error and/or unauthorized transactions, we will send you a written explanation via email of our justification.
- In the event that we do find issues of error and/or instances of unauthorized transactions, we will promptly correct the error by appropriately crediting
or debiting the bank account on file. If a credit is issued to your account, the credit will take 2-3 business days from the date of determination to process.
RealMetalCards Processing Errors
RealMetalCards will take the appropriate actions needed to rectify any error that we discover or that is brought to our attention. If the error resulted in you
receiving less than the correct amount to which you were entitled, RealMetalCards will credit your bank account for the difference. If the error resulted in you receiving more than
the correct amount to which you were entitled, RealMetalCards will debit the extra funds from your registered bank account.
RealMetalCards reserves the right to waive liability if it is determined that (a) our system was not working properly and you knew about the breakdown when you
started the transaction, or (b) circumstances beyond our control (such as fire, flood or loss of Internet connection) prevented the transaction, despite our reasonable precautions,
(c) notification was not given to RealMetalCards in a timely fashion as per our Notification Terms (above), (d) other exceptions allowed by law or provided in our agreement with you.
Authorization for Automatic Payments
If your credit limit is funded by one of financial institutions listed on the Site, you hereby authorize RealMetalCards.com, as the servicer on your credit limit,
and its successors and assigns, to initiate electronic funds transfers from your designated account provided to RealMetalCards on the date of this agreement for monthly repayments on your
loan. EACH MONTH, THE DEBIT AMOUNT MAY BE A RANGE OF PAYMENTS, WHICH WOULD INCLUDE YOUR MONTHLY PRINCIPAL AND INTEREST, AND FEES, IF ANY. ANY FEES AUTHORIZED TO BE CHARGED ON YOUR
CREDIT LIMIT MAY BE COLLECTED USING ELECTRONIC FUNDS TRANSFERS INITIATED BY US FROM YOUR DESIGNATED ACCOUNT.
Specific Consents Granted upon Submission of Your Registration Form
At the time that you submit your registration form to us to register for the Services and related analysis of information in connection therewith, you agree
that you are providing to us the following specific consents (in addition to being subject to these Terms and Conditions)
I understand that by submitting this registration form I am authorizing RealMetalCards, once it has obtained my personal information and credit and identify information
in its records along with the other information I am submitting through this registration form (collectively, the "Registration Profile"), to use that Registration Profile to match me
with product and services offers from time to time from its marketing partners, which offers it will send to me either by e-mail (based upon my communication preferences) or through
the display of advertisements and to further use that Registration Profile to provide statistical analysis, reports and summaries of my Registration Profile in comparison to other
customer's Registration Profiles. I understand that RealMetalCards will not be sharing my Registration Profile with any of those marketing partners and that it is completely up to me to
decide whether I would like to accept any of the offers I receive.
We will match offers from third parties against your Registration Profile, in order to ensure that you receive offers that are tailored to you if you opt-in to
receiving such offers. RealMetalCards believes that customers who have demonstrated positive behavior through loan repayment should be able to reap the rewards of those efforts, including
by receiving discounted and favorable pricing and rates on financial products and services. Our technology for matching your Registration Profile to the valuable offers for products
and services provided by our third parties is proprietary and, in carrying out such matching, we may elect to consider, ignore, emphasize, or de-emphasize any relevant factors in our
sole discretion. We do not guarantee that you will receive offers for any particular types of products or services.
Credit Reporting Services
You understand that by accepting these Terms and Conditions you are providing "written instructions" to our third-party service provider, Data Link Corporation,
and its employees, agents, subsidiaries, members, contractors, third party data providers, and all other credit reporting agencies under the Fair Credit Reporting Act ("FCRA"),
as amended, including Experian, TransUnion, Equifax and affiliated entities, to access your credit files from each national credit reporting agency and to exchange information about
you with each such national credit reporting agency in order to verify your identity and to provide the services to you. You agree and hereby authorize Data Link Corporation, its
agents and employees, to provide your personally identifiable information (or, if applicable, information about your child you have enrolled) to third parties as provided in our
Privacy Policy, as may be amended from time to time. You further authorize Data Link Corporation and its agents and employees to obtain various information and reports about you
(or about your child that you have enrolled, if applicable) in order to provide the services, including, but not limited to, address history reports, name and alias reports, criminal
reports or sex offender reports, and to provide monitoring and alerts.
We will report credit limit payments made by you to the credit reporting agencies ("CRAs"), which in part is designed to assist parties in establishing a credit history.
Notwithstanding the above, any party may dispute any entry on a credit report provided by RealMetalCards to a CRA. Please see the "Dispute of Credit Reporting Information
by Customer" section, below.
RealMetalCards is not responsible for how any CRA may manage or use the information provided to them by RealMetalCards and you agree to hold RealMetalCards harmless against any such
claims, with all being subject to the "Dispute of Credit Reporting Information by Customer" section of these Terms and Conditions and the Fair Credit Reporting Act. See such CRA for the
terms and conditions of how they collect, store, manage, use, modify, disseminate and distribute such information. Once the information is transmitted from RealMetalCards to the CRA, that CRA
will obtain an ownership interest in that data.
Potential Effect of Delinquency of Credit Reporting
A customer may dispute an entry on their credit report derived from information provided by RealMetalCards's financial partner, to a credit reporting agency by
notifying RealMetalCards either by mail or by other means available to the customer. The customer shall provide the following information as part of any dispute:
- Name of consumer
- A brief description of the disputed information
- Address of customer or other means for RealMetalCards to contact customer with results of investigation
Investigation of Disputed Information
Upon receipt of a notice of dispute from a customer, RealMetalCards and a third-party financial institution partner will, free of charge, conduct a reasonable
investigation and make a determination of the status of the disputed information within fifteen (15) business days of receipt of the notice of dispute from the customer. The
investigation shall include, but is not limited to, all relevant information provided by the customer. The determination shall be one of the following three options:
The dispute is frivolous or irrelevant and the information originally provided is accurate;
The disputed information is inaccurate; or
More information is necessary to make a final determination regarding the disputed information.
Notification of Determination
Once a final determination has been made regarding the disputed information, RealMetalCards will notify the customer for that purpose, by other means available to
RealMetalCards and/or a third-party financial institution within five (5) business days of the determination regarding the disputed information. If RealMetalCards determines that the dispute
is frivolous or irrelevant, RealMetalCards and/or a third-party financial institution shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means
available to RealMetalCards and/or a third-party financial institution. Said notice shall include:
The reasons for the determination; and
Identification of any information required to investigate the disputed information.
If RealMetalCards and/or a third-party financial institution determines that the disputed information is inaccurate, RealMetalCards and/or a third-party financial institution
shall notify the customer by mail or, if authorized by the consumer for that purpose, by other means available to RealMetalCards and/or a third-party financial institution within five (5)
business days of the determination and will promptly notify all CRA's to which RealMetalCards provided said information and request that they delete or modify the information as appropriate.
If RealMetalCards and/or a third-party financial institution determines that more information is necessary to complete its investigation, RealMetalCards and/or a third-party financial institution
will notify the customer, and the customer's counterparty if necessary, and request additional information from them to help make a final determination as to the disputed information.
Additional Information Request
Upon receipt of the additional information, RealMetalCards and/or a third-party financial institution shall make a final determination on the disputed information,
considering all information provided by all parties, within thirty (30) days of receipt of the notice of dispute by RealMetalCards and/or a third-party financial institution under this
section. Notice of said determination shall be forwarded to the customer as described above.
Intellectual Property Information and Restrictions
The copyright in the Content is held by RealMetalCards and is protected by U.S. and International copyright laws and treaties. You are authorized to use the Content sent to
you through the Services. You consent that the Content may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but
not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of RealMetalCards. You agree that the Content is and shall remain the sole
property of RealMetalCards. You may not alter, sell, transfer or create derivative works based on any Content, in whole or in part. The utilization of the Content on any other web site is not
permissible without prior written approval from RealMetalCards. You may not, without RealMetalCards's prior consent, "copy" any material on the Services on any other server. You may not reverse
engineer any of the Services' technologies. Unpermitted application of any Content on the Services may breach copyright laws, trademark laws, the laws of privacy and publicity, and
communications statutes and regulations.
RealMetalCards (including the RealMetalCards logo), RealMetalCards.com, and all related logos (collectively the "RealMetalCards Trademarks") are trademarks or service marks of RealMetalCards.
Other company, product, and service names and logos used and exhibited on the Services may be trademarks or service marks owned by RealMetalCards or others. Nothing in the Services should
be interpreted as allowing, by association, estoppel, or otherwise, any license or right to use any of the RealMetalCards Trademarks displayed on the Services without our prior written permission
in each case. You may not use, copy, display, distribute, modify or reproduce any of the RealMetalCards Trademarks found on the Services unless following written permission by us. We forbid use
of any of the RealMetalCards Trademarks as part of a link to or from any site unless such a link is approved, prior, in writing by us. Any questions concerning any RealMetalCards Trademarks, or whether
any mark or logo is a RealMetalCards Trademark, should be referred to RealMetalCards.
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DMCA. You may not use the Sites for any use or in any aspect that violates the rights of any third party. In accordance with the Digital
Millennium Copyright Act of 1998 (the "DMCA") (text at http://www.copyright.gov), RealMetalCards has an agent for receiving notices of copyright infringement and we follow the notice and
take down procedures of the DMCA. We have a policy of deleting the accounts of customers who (to our knowledge) are repeat violators.
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Procedure. If you believe that any materials on Sites encroaches your copyrights, notifications of claimed copyright violation should be
sent to RealMetalCards's designated agent as set forth below. Notification should include whenever possible:
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An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted material that you believe has been violated;
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A description of where the material you claim is infringing is located in the Services;
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A statement by you that believe that the disputed use is not permitted by the copyright owner, its agent or the law; and a statement
by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
c/o Compliance Department
Email address: customerservice@RealMetalCards.com
It can be difficult to assess whether your intellectual property rights have been infringed. We may request additional information before we delete any violating
material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution
of the matter. Warranties, Disclaimers and Limitations of Liability Your Warranties You represent and warrant to RealMetalCards that (a) all information, including, without limitation, personal
information, that you provide to us is accurate and truthful, and you will update such information with RealMetalCards as soon as it changes, (b) you have the authority to share personal
information with us and to grant us the right to use personal information as provided in these Terms and Conditions and RealMetalCards Privacy Policy, (c) you have the right to grant us
the licenses specified in the section titled "Content and Materials" above, if applicable, (d) your acceptance and use of the Services pursuant to these Terms and Conditions
does not violate any applicable law or other contract or obligation to which you are a party or are otherwise bound, (e) you will not use the Services in connection with any fraudulent
or illegal activity or in any manner which interferes with the operations of the Services, (f) the account with your mobile service provider for the mobile device on which you are using
the Services, including the Application, is current and in good standing, (g) you are at least 18 years of age and have the right, power, and authority to enter into these Terms and
Conditions, and (h) the Materials do not infringe the intellectual property rights, including any copyrights, trademarks, trade secrets, right of privacy, or right of publicity, of
any person.
The Services are provided on an "as is" and "as available" basis. RealMetalCards's third party service provider Data Link Corporation and its data providers make no
representations or warranties, express or implied, with respect to the Services and disclaim any express or implied warranties with respect thereto. Without limiting the foregoing,
Data Link Corporation and its data providers do not guarantee or warrant the accuracy, timeliness, completeness, currentness, merchantability, non-infringement, or fitness for a
particular purpose of the services and shall not be liable for any loss or injury arising out of or caused in whole or in part by use of the Services or data therein.
Although RealMetalCards makes efforts to provide an accurate Site and Application, the Site and Application and all respective parts thereof are provided "as is",
"with all faults", and "as available". RealMetalCards and its members and their respective managing members, officers, directors, employees and third party suppliers (collectively, the
"Company Parties") disclaim any and all representations, warranties or guarantees of any kind, whether express, implied or statutory, including without limitation (1) as to title,
merchantability, fitness for ordinary purposes and fitness for a particular purpose and non-infringement, (2) the quality, accuracy, timeliness or completeness of the site, the
application and their respective content, (3) those arising through course of dealing, course of performance or usage of trade, (4) the Site, the Application and their content
conforming to any function, demonstration or promise by any Company Party and (5) that access to or use of the Site, Application, or their Content will be uninterrupted, error-free
or completely secure. Any reliance upon the Site, the Application and their respective Content is at your own risk and RealMetalCards makes no warranties. RealMetalCards reserves the right to
restrict or terminate your access to the Site, the Application and their respective Content or any feature or part thereof at any time. If you download the Application or any Content
from the Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the
download of any such Content.
Your reliance upon the information available on the Site or Application or located through utilization of the Services and your interactions with third-party
customers identied through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other customers or advertisers, including payment and delivery of goods or services,
and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other person or entity, and you agree that we will not be
responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person's or entity's use or disclosure of your personally identiable information.
If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly,
and that you will not make any claims against us with respect to products or services purchased through your use of the Services.
You acknowledge that access to the Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, mobile devices and
electronic communications. For instance the Services may be limited or unavailable from time to time, including due to systems maintenance or enhancements, usage demands, software or
hardware malfunctions, or occurrences beyond the control of RealMetalCards and its third parties (including operator errors, market volumes and volatility, power failures, equipment failures,
communications failures, natural disasters, terrorist acts, and warfare). We are not responsible for any delays, delivery failures or other damages resulting from such problems. We do not
guarantee the Services will be operable at all times or at any particular time or that access will be continuous or uninterrupted.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any
portion of the Services; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms (except as described in the RealMetalCards Privacy Policy);
and (3) to interrupt the operation of the Site or Application and/or provision of Services, or any portion of the Application or Services, as necessary to perform routine or non-routine
maintenance, error correction, or other changes.
THESE DISCLAIMERS ARE INDEPENDENT OF ANY OTHER TERM IN THESE TERMS AND CONDITIONS.
In no event shall RealMetalCards be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without
limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site, Application, or their Content, with the delay or
inability to access or use the Site, Application, or related Services, the provision of or failure to provide services, or for any content, software, products and services made available
or obtained through the Site, Application, or their Content, or otherwise arising out of the use or access of the Services, whether based on contract, tort, negligence, strict liability
or otherwise, even if RealMetalCards has been advised of the possibility of damages. Any services or content made available or obtained through the use of the Services is done at your own
discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results there from.
If you are dissatisfied with any portion of the Site, the Application, or their respective content, or with any of these terms and conditions, your sole and exclusive
remedy is to discontinue using the Site and uninstall the Application.
Returns and Refunds Policy
We do not issue refunds for products or services once the order is confirmed and the product sent and/or service rendered. We recommend contacting us for assistance
if you experience any issues receiving or using our products or services. If you have any questions about our Returns and Refunds Policy, please contact us at customerservice@RealMetalCards.com.
You will indemnify and hold RealMetalCards and its members harmless with respect to any suits or claims arising out of (i) your breach or alleged breach of these Terms
and Conditions, including, but not limited to, any infringement or alleged infringement by you of the copyright or intellectual property rights of any third party; (ii) your fraudulent
or malicious use of the Services or your misuse or abuse of the Services; (iii) your violation or alleged violation of applicable laws, rules or regulations in connection with your use
of the Services, or (iv) our use of Materials generated or uploaded by you in accordance with these Terms and Conditions. You agree to indemnify and hold RealMetalCards, its third-party vendors,
corporate members, directors, officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys' fees, made by any
third-party due to or arising out of any content submitted, posted, or otherwise provided by you to RealMetalCards and/or its third party advertisers and any breach by you or your members,
employees, agents and representatives of any provisions of these terms and conditions.
Governing Law and Dispute Resolution
These Terms and Conditions shall be subject to and construed under the laws of the State of Texas, without reference to the conflicts of law provisions thereof.
These Terms and Conditions contain a pre-dispute arbitration clause, which applies to these Terms and Conditions. By clicking "Agree" and consenting to these Terms
and Conditions, RealMetalCards and you agree as follows:
These Terms and Conditions shall be subject to and construed under the laws of the State of Texas, without reference to the conflicts of law provisions thereof.
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All parties to these Terms and Conditions are giving up the right to sue each other in court, including the right to a trial by jury, except
as provided by the rules of the arbitration forum in which a claim is filed.
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Arbitration awards are generally final and binding; a party's ability to have a court reverse or modify an arbitration award is very limited.
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The ability of the parties to obtain documents, witness statements and other discovery is generally more limited in arbitration than in court proceedings.
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The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim that is ineligible for arbitration may be brought in court.
These Terms and Conditions shall be subject to and construed under the laws of the State of Texas, without reference to the conflicts of law provisions thereof.
Pre-dispute arbitration clause: You understand and agree that all claims, disagreements, disputes or controversies between you and RealMetalCards, and its officers,
directors, employees, representatives, agents, parents, members, subsidiaries and/or related companies, including related to the Services, shall be resolved by final and binding
arbitration. Because the Services provided to you by RealMetalCards concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However,
applicable federal or state law may also apply to the substance of any disputes. The arbitration shall take place in Houston, Texas. The arbitration shall be administered by the
American Arbitration Association ("AAA") in accordance with Title 9 of the US Code (United States Arbitration Act) under the AAA's Commercial Dispute Resolution Procedures as
supplemented by the Supplementary Procedures for Consumer-Related Disputes (and as stated therein, if there is a difference between the Commercial Dispute Resolution Procedures
and the Supplementary Procedures, the Supplementary Procedures will be used). Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against
other customers/consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive
any right they have to a jury trial.
NO CLASS ACTIONS. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may against RealMetalCards in
connection with or related to the Services will be resolved individually, without resort to any form of class action.
You and RealMetalCards agree that any controversy or claim between You and RealMetalCards, or between You and any of the officers, employees, agents, or affiliated companies of
RealMetalCards, arising out of or relating to these Terms and Conditions, any of the transactions contemplated under these Terms and Conditions, any of the Services provided pursuant to these Terms
and Conditions, any of the discussions or negotiations leading up to the making of these Terms and Conditions, or any relationship that results from any of the foregoing, whether based in
contract, or an alleged tort, or on any other legal theory, and whether asserted as an original or amended claim, counterclaim, cross claim, or otherwise, shall be governed by federal law
and all applicable substantive laws of the State of Texas (without regard to its conflict of laws principles). Governing Texas law may be supplemented as necessary by federal law. You agree
that if there is any inconsistency between the terms of these Terms and Conditions and any applicable law, regulation or rule, the terms of these Terms and Conditions will prevail to the extent
any such law, regulation or rule may be modified by agreement.
To the maximum extent permitted by applicable law, no action, regardless of form, arising out of these Terms and Conditions may be brought by either party more than
two (2) years after the claiming party knew or should have known of the cause of action.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and RealMetalCards as a result of these Terms and Conditions or accessing
the Services. RealMetalCards's performance under these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation
of RealMetalCards's right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Services or information provided to or gathered by
RealMetalCards with respect to such use.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the Terms and Conditions shall continue in effect. A printed version of these Terms and Conditions and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Except as otherwise specified in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in
writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile,
or (iv) the first business day after sending by email. Notices to us must be sent in writing to the following address: 614 Texas Pkwy Ste. 600, Missouri City, Texas 77489 or via email addressed to:
customerservice@RealMetalCards.com and notices to you will be sent to the email address you provide to us, which addresses may be updated from time to time upon written notice to the other party.
The Services, Content, other technology we may make available, and derivatives thereof may be subject to laws and regulations of the United States and other jurisdictions. No forbearance or
delay by either party in enforcing its rights shall prejudice or restrict the rights of that party and no waiver of any such rights or of any breach of any contractual terms shall be deemed
to be a waiver of any other right or of any later breach. You may not assign any of your rights or obligations hereunder, whether by operation of law or otherwise. We may assign our rights
and privileges under these Terms and Conditions (including your customer registration), without your consent in connection with a merger, acquisition, corporate reorganization, or sale of
all or substantially all of our assets, or to an affiliate, or in connection with a change in control. Subject to the foregoing, these Terms and Conditions shall bind and inure to the
benefit of the parties, their respective successors and permitted assigns.
The term of these Terms and Conditions will continue until terminated by you or RealMetalCards as set forth below.
We may terminate your Accounts participation privileges immediately if you fail to comply with these Terms and Conditions. RealMetalCards also reserves the right to terminate
your participation at any time, in RealMetalCards's absolute discretion, without cause. Sections titled "Content and Materials," "Warranties, Disclaimers and Limitations of Liability," "Applicable
Law and Jurisdiction," "Interpretation," and "Indemnification," and this Section shall survive any termination or expiration of these Terms and Conditions.
If you want to terminate the Terms and Conditions with RealMetalCards, you may do so by notifying RealMetalCards in writing at 614 Texas Pkwy Ste. 600, Missouri City, Texas 77489 and including
your name, date of birth, and email address for your RealMetalCards Account. You may also terminate your account online.
These Terms and Conditions represent the entire understanding between you and RealMetalCards governing the Services. In the event of any conflict between these Terms and
Conditions and the terms of a third-party agreement, the terms of these Terms and Conditions will prevail as between you and RealMetalCards.
Should you have any questions concerning these Terms and Conditions, please contact us by email at info@SelfLender.com or by regular mail at RealMetalCards.com, 614 Texas Pkwy Ste. 600,
Missouri City, Texas 77489. For an online copy of these Terms and Conditions, please go to www.RealMetalCards.com. Terms of Use for Consumer Report Disclosure Agreement The RealMetalCards
Pre-qualification Program (the "Program") is a tool that matches you with pre-qualified offers from our participating partners ("Participating Partners"). By participating in the Program
you agree to these terms and conditions ("Terms"). Please read these Terms carefully.
Participating Partners may vary. RealMetalCards will determine, in its sole discretion, the Participating Partners that may participate in the Program. We do not include
all available financial products within the pre-qualification experience. You are instructing RealMetalCards to share your information with Participating Partners. By participating in the Program,
you are consenting to have your information shared with Participating Partners on an ongoing basis so they may pre-qualify you for personalized offers.
You are consenting to soft inquiries on your credit, which will not impact your credit score. This means you are authorizing Participating Partners and/or RealMetalCards
to access your credit report information from one or more consumer credit reporting agencies. Some Participating Partners may first use your information to determine if there are any
previously matched offers available without pulling a new credit report, and if no offers are available, you are authorizing each Participating Partner to make a soft inquiry on your
credit. These soft inquiries are used to match you with pre-qualified offers and will not impact your credit score, but understand that your consumer report record may indicate that a
Participating Partner has made a promotional inquiry about you.
Offers are not guaranteed. The products offered by Participating Partners are subject to change at any time and pre-qualified offers are not guaranteed. If you are
pre-qualified for any offers, please understand these pre-qualified offers will expire.
Approval is not guaranteed. It is important for you to understand that this is not an application for credit, and approval is not guaranteed. Even if you are
pre-qualified for a product, you must still complete and submit an application with the Participating Partner. If you choose to apply with the Participating Partner for a pre-qualified
offer you have received, the Participating Partner may run a hard inquiry on your credit, which could impact your credit score. RealMetalCards will not be able to provide any information
relating to qualification or non-qualification for any particular product.
You are consenting to receive communications from RealMetalCards. You understand that by participating in the Program you are agreeing to receive communications or
notifications about pre-qualified offers from RealMetalCards.
Opting Out. You will be enrolled in the program for as long as you have an account with RealMetalCards, or until your account is deemed in our sole discretion to be dormant.
If you no longer wish to participate in the Program, you can opt-out by notifying RealMetalCards in writing at 614 Texas Pkwy Ste. 600, Missouri City, Texas 77489 and including your name, date of birth, and
email address for your RealMetalCards Account or by unsubscribing from all marketing communications https://www.RealMetalCards.com/unsubscribe.