1. ACCEPTANCE OF TERMS
2. PURPOSE OF WEB SITE AND APP
CREDO currently provides the Web Site and App "AS-IS" for the purposes of a) providing an online space for progressive news, opinion and activism; b) distributing information about CREDO products and services; c) providing an online method whereby individuals may use or place orders for such products and services; d) providing an online method whereby customers may manage their CREDO accounts; and e) provide a mobile application whereby customers may manage certain aspects of their CREDO mobile accounts.
We are constantly seeking to improve and enhance the Web Site and App and, unless explicitly stated otherwise, any new features that augment or enhance the current Web Site shall be subject to the TOU. You understand and agree that the Web Site and App are provided "AS-IS" and that CREDO assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
In order to use the Web Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that to sign up for certain CREDO services, including but not limited to telecommunications services, you must be at least 18 years of age and must meet any stated sign-up criteria.
In order to use the App, you must be a mobile service customer of CREDO and download the APP to your CREDO device.
CREDO reserves the right at any time to modify or discontinue, temporarily or permanently, the Web Site or App (or any parts thereof) with or without notice. You agree that CREDO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web Site or App.
4. ELECTRONIC COMMUNICATIONS
When you visit the Web Site, send e-mails to us, or use the App, you are communicating with us electronically. You consent to receive communications from CREDO electronically. You agree that all agreements, notices, disclosures and other communications that CREDO provides to you electronically satisfy any legal requirement that such communication be in writing.
5. ACCOUNT SECURITY
On selected CREDO Web Sites and on the App, you will receive a password and account designation upon completing the Web Site's or App’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CREDO of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CREDO cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
Whenever CREDO handles information that you enter on our Sites or on the App, regardless of where this occurs, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Service and Privacy & Security Policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, CREDO cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
6. USE OF WEB SITE OR APP
In consideration of your use of the Web Site or the App, as applicable, you agree to use the Web Site or App as intended by CREDO, and to refrain from any misuse of sites, services, and/or systems made available by CREDO. Misuse of the Web Site or App includes but is not limited to any action described in a-k below, or that compromises CREDO’s Sites, services, systems and/or any information contained therein. Misuse of the Web Site or App will be prosecuted to the fullest extent of the law.
You agree to not use the Web Site to:
- upload, post, email or otherwise transmit any content, including but not limited to e-mail communication, information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content"), that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CREDO employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Web Site;
- upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
- upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Web Site or the App or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
- access, collect or store personal data about other users; or
- engage in any conduct that in CREDO's sole discretion restricts or inhibits any other user from using or enjoying the Web Site or App.
You acknowledge that CREDO and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Web Site or App. Without limiting the foregoing, CREDO and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created or linked to by CREDO or submitted to CREDO.
You acknowledge and agree that CREDO may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CREDO, its users and the public.
You understand that the technical processing and transmission of the Web Site or App, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold CREDO, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Web Site or App, your use of the Web Site or App, your connection to the Web Site or App, your violation of the TOU, or your violation of any rights of another.
8. NO RESALE
The Web Site and App are provided for the use and enjoyment of visitors and registrants to CREDO’s Web Sites and App. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web Site or App, use of the Web Site or App, or access to the Web Site or App.
You agree that CREDO, in its sole discretion, may terminate your password or use of the Web Site or App, if CREDO believes that you have violated or acted inconsistently with the letter or spirit of the TOU. CREDO may also in its sole discretion and at any time discontinue providing the Web Site or App, or any parts thereof, with or without notice. You agree that any termination of your access to the Web Site or App under any provision of this TOU may be affected without prior notice. Further, you agree that CREDO shall not be liable to you or any third party for any termination of your access to the Web Site or App.
10. DEALINGS WITH ADVERTISERS & MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Web Site, including payment and delivery of related goods or Web Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that CREDO shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Web Site.
11. LINKS, REFERENCES & RESOURCES
The Web Site may provide, or third parties may provide, references and/or links to other World Wide Web Sites or resources. Because CREDO has no control over such Sites and resources, you acknowledge and agree that CREDO is not responsible for the availability of such external Sites or resources, and does not endorse or sponsor and is not responsible or liable for any TOU, Content, advertising, products, or other materials on or available from such Sites or resources. You further acknowledge and agree that CREDO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Site or resource.
12. CREDO'S PROPRIETARY RIGHTS
All proprietary rights in the Web Site and the App and any necessary software used in connection with the Web Site or App ("Software") are owned or licensed for use by CREDO. The Web Site and the App are owned and operated by CREDO and except as otherwise specified, CREDO owns all materials appearing on the Web Site and the App, including the text, site design, logos, graphics, and images, as well as the selection, assembly and arrangement thereof. You acknowledge and agree that the Web Site, the App and Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or sites or information presented to you through the Web Site or the App or advertisers or merchants is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by CREDO or advertisers or merchants, you agree not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create derivative works based on the Web Site, the App or the Software, in whole or in part.
CREDO grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, display, distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web Site or App. You agree not to access the Web Site or the App by any means other than through the interface that is provided by CREDO for use in accessing the Web Site or the App.
CREDO grants you permission to copy electronically and to print in hard copy portions of the Content for (1) personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices, (2) using this Web Site as a personal shopping resource, (3) communicating with CREDO about a CREDO product or service, or (4) placing an order with CREDO. Any other use of materials on this Site or on the App, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited with CREDO's prior written permission.
13. GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITE OR THE APP IS AT YOUR SOLE RISK. THE WEB SITE AND THE APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CREDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CREDO MAKES NO WARRANTY THAT (i) THE WEB SITE OR THE APP WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE OR THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR THE APP WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR THE APP IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREDO OR THROUGH OR FROM THE WEB SITE OR THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREDO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CREDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE OR THE APP; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE OR THE APP; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE OR THE APP; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE OR THE APP.
15. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
16. TRADEMARK INFORMATION
Working Assets, CREDO, CREDO Mobile, CREDO Long Distance, CREDO Action, CitizenLetter, Credo Mobilize, Not Just Green, Real Green, Fueling The Future, Flash Activist Network, Making it Easy to Make a Difference, all logos associated with Working Assets, CREDO, CREDO Mobile, CREDO Long Distance, CREDO Action, and other CREDO logos and product and service names are trademarks of CREDO (the "Marks"). Without CREDO’s prior permission, you agree not to display or use in any manner, the Marks.
CREDO respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at firstname.lastname@example.org.
17. GENERAL INFORMATION
The TOU, along with terms and conditions provided to registrants and customers of CREDO’s Web Sites, App and services, constitute the entire agreement between you and CREDO and govern your use of the Web Site or the App, superseding any prior agreements between you and CREDO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and CREDO shall be governed by the laws of the State of California without regard to its conflict of law provisions. You understand and agree that, except for the right of either party to apply to a court of competent jurisdiction for a temporary restraining order or preliminary injunction to preserve the status quo or prevent irreparable harm pending the selection and confirmation of an arbitrator, any dispute arising under or relating to the Web Site, the App or TOU shall be resolved through mediation and arbitration. You agree to first try to resolve the dispute informally with the help of a mutually agreed upon mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually satisfactory solution through mediation within 10 days following the commencement of such mediation, the parties agree to submit their dispute to binding arbitration of a single arbitrator in San Francisco, CA according to the rules of the American Arbitration Association. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web Site, the App or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Effective September 10, 2014.