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THE DELIVERY CARD TRANSFER SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: |
TRADEMARKS AND OWNERSHIP
DeliveryCard.com and all its contents, the Delivery Card logo and
all other images displayed in the site are copyrighted material of
the Delivery Card Corp. Unauthorized use or reproduction will be prosecuted
and penalized as permitted by law.
The Delivery Card is property of Delivery Card Corp. and must be returned
or destroyed upon request of its owner. Failure to do so constitutes
a violation of Property Laws and will be prosecuted and penalized
as permitted.
RESOLUTION OF DISPUTES.
Any dispute or claim arising from or relating to this Transfer that
involves a claim by Sender for less than $10,000, exclusive of interest,
arbitration fees and costs, shall be settled by arbitration. Any other
dispute or claim arising from or relating to this Transfer shall be
settled by arbitration, with such arbitration to be held in the most
populous city in the province from which the Transfer was sent, or
in such other location as the parties may mutually agree. Each party
shall bear its own lawyer's, expert's and witness fees, which shall
not be considered costs of arbitration. Judgment on any award rendered
by the arbitrator may be entered in and enforced by any court having
jurisdiction thereof. The parties agree that neither of them shall
have the right to participate as a representative or a member of any
class of claimants pertaining to any claim subject to arbitration
under this paragraph and that claims of third parties shall not be
joined in any arbitration between the parties. If any portion of this
paragraph is deemed invalid or unenforceable, it shall not invalidate
the remaining portions of this paragraph.
THE PARTIES ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PROVIDED
IN THIS PARAGRAPH, THEY ARE WAIVING ALL RIGHTS TO A TRIAL BY COURT
OR JURY AS A MEANS OF RESOLVING ANY DISPUTES ARISING OUT OF OR RELATING
TO THIS MONEY TRANSFER.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL DELIVERY CARD CORP. BE LIABLE FOR DAMAGES FOR DELAY,
NONDELIVERY, NONPAYMENT OR UNDERPAYMENT OF THIS TRANSFER, OR ANY SUPPLEMENTAL
MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF ITS EMPLOYEES
OR OTHERWISE, BEYOND THE SUM OF $500 (in addition to refunding the
principal amount of the Transfer and the fees). IN NO EVENT WILL DELIVERY
CARD CORP. BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THESE CONDITIONS CANNOT BE CHANGED OR SUPPLEMENTED ORALLY.
Delivery Card reserves the right to decline to send or refuse to pay
any transfer that determines in its sole discretion violates any applicable
law or Delivery Card Corp.’s Policy.
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