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Terms of Use

Introduction

Welcome to the MasterCard Priceless Golf web site. The MasterCard Priceless Golf web site (the “Site”) is a promotional program bringing Priceless Golf experiences, offers, and content to MasterCard cardholders by MasterCard International Incorporated (“MasterCard”). The Site provides you with access to a Priceless World of experiences, promotional offers, card benefits and relevant content. Please read these terms of use carefully before registering on the Site or using Site, and keep them for your records. By accessing this Site, you agree to these terms of use and any additional terms and conditions that may be published by MasterCard on the Site, as may be amended from time to time (collectively referred to as the “Terms of Use”)BY USING THE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THE TERMS OF USE. IF YOU HAVE ANY QUESTIONS ON THE TERMS OF USE, YOU SHOULD CONSULT WITH AN ATTORNEY BEFORE USING THIS SITE.

If you do not agree to the Terms of Use, do not access the site or use the Site.

In these Terms of Use, the words “you” and “your” mean the person who has accessed the Site, as defined below, and/or has registered for participation in the Program. The words “we,” “us” and “our” mean MasterCard. “Site” means www.priceless.com/golf or such other web site as we may establish for the MasterCard Golf Club (the “Program”).

The Site

The Site is an exclusive benefit for MasterCard cardholders. We are bringing to you The MasterCard Golf Club of adventures, offers, experiences and other benefits. Benefits of the Site include one of a kind golf offers and experiences. Email reminders can be set to keep you up to date on the newest offers and experiences. Certain offers will be exclusive to MasterCard World and World Elite cardholders only. For the purposes of this Program, the following conditions apply to your use of the Site: (i) your World and World Elite MasterCard card or your MasterCard card is in good standing; and (ii) you must be at least 18 years of age or 21 in Puerto Rico;. If you have any questions or issues about whether a MasterCard card can be used on this Site, please contact Customer Service as listed below.

By consenting to the Terms of Use, you agree that: (i) you represent only yourself here and no other person; (ii) you will provide accurate information to MasterCard, including, but not limited to, information required to register for the Program; (iii) you will not use the Site to reproduce, duplicate, copy, sell, resell, distribute, publish, or exploit for any commercial purpose the software, content, offers, experiences, products, or services provided by MasterCard or obtained through the Site without obtaining the express, prior written consent of MasterCard. This restriction includes any attempt to incorporate any information from the Site into any other directory, product, or service; (iv) you will provide for your own access to use the Site, including, but not limited to, obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges; (vi) you will not use the Site in any manner that adversely affects the availability of its resources to or enjoyment by other users or in any manner that could damage, disable, overburden, or impair MasterCard’s or Service Provider’s servers or networks; and (vii) you will not use the Site or any purpose that is unlawful or prohibited by the Terms of Use.

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Registration Information

When registering for the Site you agree to: (a) provide true, accurate, current, and complete information (“Registration Information”) and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete.

You may not: (a) gain or attempt to gain unauthorized access to MasterCard’s services or systems; (b) use or attempt to use MasterCard’s services or systems in any manner that is not expressly authorized by MasterCard (c) disrupt, damage or impede the operations of MasterCard’s services or systems; (d) register or attempt to register on Site through fraudulent or illegal means; (e) circumvent or attempt to circumvent MasterCard’s security mechanisms, or (f) create registration accounts by automated means.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or in the event that MasterCard has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MasterCard, in its sole discretion and with or without prior notice to you, may suspend or terminate your current or future access or use of the Site and/or Content.

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Electronic Contracting

Your use of the Site requires you to have the ability to enter into agreements, and to make transactions, electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS. YOU ACKNOWLEDGE FURTHER THAT YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, TERMS OF USE, POLICIES, CONTRACTS AND APPLICATIONS, AND ANY AMENDEMENTS TO ANY OF THE FOREGOING.

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Right to Use Site Content

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

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information. Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by MasterCard.

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

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Changes to the Site, the Program and Terms of Use

MasterCard reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, or discontinue the Program at any time without notice to you. MasterCard may at any time revise these Terms of Use by updating this posting. You are responsible for regularly reviewing the Terms of Use. Any changes or revisions are effective immediately upon posting. Continued use of the Program or accessing the Site following any such changes constitutes your acceptance of such changes. MasterCard reserves the right to charge fees at any time for access to all or portions of the Program with your advance acknowledgement of the charge.

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Termination

MasterCard may terminate your registration or restrict your access to the Site for any reason at any time.

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Purchases

You may purchase Offers, as defined below, through the Program or through a Merchant’s Site. All purchases are subject to Offer availability, but for purchases made through the Program we only charge your MasterCard card if the Offer or experience is available. All Offers . MasterCard reserves the right to modify the price of any and all Offers at any time. Offers may be subject to additional taxes or fees, including currency exchange charges.

By purchasing any Offers or any other products or services offered via the Site , you acknowledge and agree that your MasterCard card is being charged by the payment process of MasterCard’s service provider, the operator of such product or service or such operator’s service provider.

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Returns/cancellations/exchanges

Each Offer will contain a description of such Offer’s return, cancellation or exchange terms and conditions. Provided however, if you do not attend an Offer that you purchased, there will not be any refund or exchange. You are responsible understanding any Offer information prior to purchase. Your confirmation email once you have purchased an Offer will also set forth the return, cancellation and exchange terms and conditions of such Offer. In the event the Offer does not contain such information such Offer should be considered non cancellable, not subject to returns, or exchanges and your purchase is non-refundable.

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Intellectual Property Rights

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

Any unauthorized commercial use of these materials will violate MasterCard’s intellectual property rights and will be subject to MasterCard’s full legal rights and remedies.

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

Please provide the following notice:

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

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

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

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Submissions or Feedback

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

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Merchant and Merchants Offers

Merchants (including nonprofits and MasterCard sponsorship partners) may provide to MasterCard certain offers, experiences or other benefits on the purchases of goods and services (“Offers”) that will be available on the Site or directly through the merchant. Such Offers are subject to certain terms and conditions for each Offer and may change at any time without notice to you. MasterCard will not be liable for any loss or damage incurred as a result of any interaction between you and a merchant with respect to such Offers. You acknowledge that MasterCard does not endorse or warrant the merchants that are accessible through the Site nor the Offer that they provide on the Site or on their own web site.

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Contests and Sweepstakes

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

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Third Party Content and Links to Other Web Sites

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

MasterCard is not responsible for examining or evaluating, and we do not warrant the offerings of any third party content or Offer presented on this Site. MasterCard does not assume any responsibility or liability for the actions, Offer and content of all these and any other third parties. Carefully review the Offer details and terms and conditions prior to purchase.

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Privacy Policy

MasterCard recognizes the importance of respecting the privacy of those who visit and choose to take advantage of the programs and information offered on the Site. The MasterCard Global Privacy Policy provides an overview of what you can expect when you register or simply browse the Site. Click here to view our Global Privacy Notice.

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Indemnification

You agree to indemnify, defend and hold MasterCard and its business partners and their respective officers, directors, employees and affiliates harmless from any liability, loss, claim and expense, including without limitation, reasonable attorneys’ fees and expenses, related to or arising from: (i) your violation of these Terms of Use; (ii) your misuse of the Site; and (iii) your violation or infringement of copyright or other intellectual property or other rights of third parties contained in your Submissions and/or any other violation of law or breach of contract obligations relating to the Submissions.

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Disclaimer of Warranties

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

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

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Disclaimer of Damages and Limitation of Liability

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

Without limiting the foregoing, we are not responsible for any errors in the Offer details or terms and conditions, any card account fees or penalties that you incur on your World MasterCard, World Elite MasterCard or MasterCard card as a result of your use of the Program, including fees and penalties that may result from reversals. Any tax liability resulting from your participation in the Program shall be your sole responsibility, and not our responsibility or the responsibility of a Merchant, MasterCard or the financial institution that issued your MasterCard card. Merchants or your issuing financial institution may report information regarding the Program and your participation in it to tax authorities. Merchants and your issuing financial institution may not vary these terms as applied to the relationship between you and us and may not make any commitments that are binding on us.

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

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

This Site is operated by MasterCard.

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Miscellaneous

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

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

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

Revised March 11, 2014

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How to Contact Customer Service

MasterCard Worldwide
2000 Purchase Street
Purchase, NY 10577 USA
Phone: (1-888-963-7017)