1. ACCEPTANCE OF TERMS
2. PURPOSE OF WEBSITES AND APP
CREDO currently provides the Websites and App 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) providing a mobile application for certain services.
We are constantly seeking to improve and enhance the Websites and App and, unless explicitly stated otherwise, any new features that augment or enhance the current Websites shall be subject to these TOU. You understand and agree that the Websites 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.
Please be aware that to sign up for certain CREDO services, including but not limited to telecommunications and CREDO Connect services, you must be at least 18 years of age and must meet any stated sign-up criteria.
CREDO reserves the right at any time to modify or discontinue, temporarily or permanently, the Websites or App (or any parts thereof) with or without notice, in CREDO’s sole discretion. You understand and agree that CREDO shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Websites or App. Temporary interruptions of the services may occur as normal events.
To access the Websites or App, you must have access to the Internet and related equipment or software, which is it your responsibility to obtain at your own expense. You acknowledge that you are solely responsible for upgrading and configuring your systems to be and remain compatible with the Websites or App. CREDO has no control over third-party networks you may access during your use of the Websites or App, and therefore, delays and disruption of other network transmissions are completely beyond CREDOs’ control.
4. ELECTRONIC COMMUNICATIONS
When you visit the Websites, 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. PERMISSION TO CALL/TEXT
By signing up for Credo Mobile Service through the Sites or App or by opting into any of our optional offers and activism opportunities contact lists, you give express permission for us to contact you on your device. Message and data rates may apply if your device is not using CREDO Mobile service. Text “stop” to any promotional or list text to opt out of non-account-related SMS communications from us.
By entering your phone number on any Credo Action call campaign page on the Sites or App, you give express permission to call that phone number for the purpose of connecting you with legislators or decision-makers.
6. ACCOUNT SECURITY
On selected CREDO Websites and on the App, you will receive a password and account designation upon completing the Website’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 6.
Additionally, you may not use your account to gain or attempt to gain unauthorized access to any portion of the Websites or App, including, but not limited to, accessing another user’s account. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
CREDO reserves the right to terminate account sessions that are inactive for an extended period. If you provide any information that is not current, untrue, inaccurate or incomplete, or fail to update any information on a timely basis, or if CREDO has reason to believe that information you provided is not current, untrue, inaccurate, or incomplete, CREDO may suspend or terminate any or all of your accounts and refuse you any and all current or future use of the Websites or App (or any portion thereof). CREDO also retains the right, in its sole discretion, to suspend, deactivate, or terminate any or all your accounts, as reasonably necessary to investigate or stop illegal, fraudulent, or suspicious activities.
The CREDO Parties (defined below) will not be liable for any loss or damage arising from use or misuse of your account due to the activities of third parties or resulting from your failure to maintain the security and confidentiality of your account, username, and password. The CREDO Parties shall also not be liable to you or any third party for any termination of your account or access to the Website.
7. USE OF WEBSITES OR APP
In consideration of your use of the Websites or the App, as applicable, you agree to use the Websites 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 Websites or App includes but is not limited to any action described below in this Section, or that compromises CREDO’s Sites, services, systems and/or any information contained therein. Misuse of the Websites or App will be prosecuted to the fullest extent of the law.
- CREDO hereby grants you permission to access and use the Website, App and the text, graphics, software, images, designs, icons, features and functionality, video, audio and other material contained on the Websites or App (collectively, (the “Content”) for your personal, informational, and shopping purposes only, under the following conditions: you agree to use the Website and App for lawful purposes only. The Content is protected by copyright under both United States and foreign laws and contains trademarks and other proprietary information. Title to the Content remains with CREDO or its licensors. Any use of the Content not expressly permitted by these TOU is a breach of these TOU and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of CREDO. All rights not expressly granted herein are reserved to CREDO and its licensors. You acknowledge that you do not acquire any ownership rights by accessing or using the Websites, App or the Content. You may not modify, publish, transmit, display, reproduce, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part.
- You agree not to alter or modify any part of the Websites or App.
- Any special rules for the use of certain software and other items provided on the Websites or App may be included elsewhere within the Websites or App and are incorporated into these TOU by reference.
- You agree not to share, reproduce, duplicate, copy, sell, trade, resell, exploit, or use the Websites or App (or any portion thereof) for any commercial use (other than the purchase of products and services offered for sale on the Websites or App) without the prior written authorization of CREDO. You must not use the Website or App (directly or indirectly) for any unauthorized purpose or to transmit or procure the sending of any advertising or promotional material.
- You agree not to use or launch any automated system, including, without limitation, “robots,” “spiders,” or “offline readers,” to access, monitor or copy any Content or information in or on the Websites or App. You agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses, Trojan horses, worms, spyware, or other material that is malicious or technologically harmful, 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 associated with the Websites or App. You also agree not to interfere with the servers or networks connected to the Websites or App, violate any of the procedures, policies or regulations of networks connected to the Websites or App, scan or test the vulnerability of the Websites or App, attempt to circumvent any security measure with the Websites or App, attempt to gain unauthorized access to, interfere with, damage, or disrupt the Websites or App, attempt to interfere with the proper working of the Websites or App, or access the Websites or App in order to build a competitive product or service or for benchmarking or other competitive purposes. Notwithstanding the foregoing, CREDO grants the operators of public search engines permission to use spiders to copy materials from the Websites or App for the sole purpose of and solely to the extent necessary to create publicly available searchable indices of the materials, but not caches or archives of such materials. CREDO reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information from the Websites or App, nor to use the communication systems provided by the Websites or App (if any) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites or App. Any conduct by you that in CREDOs’ discretion restricts or inhibits any other user from using or enjoying the Websites or App will not be permitted.
- In your use of the Websites and/or App, you will at all times comply with the terms and conditions of these TOU and all applicable local, national, and international laws and regulations. You agree not to post or transmit through the Websites or App any material which (in CREDOs’ sole discretion) is unlawful, threatening, harassing, racist, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, which gives rise to civil liability, which otherwise violates any law, which could be detrimental to CREDO, or which provides support or resources to any organization designated by any government as a foreign terrorist organization.
- You agree not to upload, post, or otherwise make available on the Websites or App any material protected by copyright, trademark or other third-party proprietary rights, including privacy and publicity rights, without the express permission of the owner of the copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any such submission.
- You also agree not to impersonate any other person (including but not limited to a CREDO employee), falsely state or otherwise misrepresent your affiliation with a person or entity, engage in any conduct that in CREDO’s sole discretion restricts or inhibits another user’s use or enjoyment of the Websites or App, or conduct yourself in a vulgar or offensive manner while using the Websites or App. You agree that CREDO may reject any User Submissions (defined below) for any reason or no reason, including, but not limited to, vulgarity or other offensive content, which determination shall be at CREDOs’ sole discretion, or content protected by third party proprietary rights, including, but not limited to, copyright, trademark, or publicity rights.
- You agree that CREDO shall have the right, but not the obligation, to monitor the content of the Websites and App and to remove any material that CREDO, in its sole discretion, finds to be in violation of the provisions herein or otherwise objectionable. Without limiting the foregoing, CREDO and its designees shall have the right to remove any material that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any such material, including any reliance on the accuracy, completeness, or usefulness of such material. In this regard, you acknowledge that you may not rely on any material created or linked to by CREDO or submitted to CREDO. It is your responsibility to evaluate the information and content available through the Websites or App.
You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
You agree to not use the Websites or App to:
- upload, post, email or otherwise transmit any content, including but not limited to e-mail communication or 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;
- forge headers or otherwise manipulate identifiers to disguise the origin of any Content, including but not limited to e-mail commentary, transmitted through the Websites or App;
- 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 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; or
- interfere with or disrupt the Websites or the App or servers or networks connected to the Websites, or disobey any requirements, procedures, policies, or regulations of networks connected to the Websites.
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 these 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 Websites 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 defend, indemnify and hold harmless the CREDO Parties from and against any and all claims, actions, obligations, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (i) your use of the Websites, App and/or any Content, other information, services or products advertised or provided via the Websites or App; (ii) your violation of these TOU or any other agreement with CREDO; (iii) your negligence or willful misconduct; (iv) your violation of any third party right, including, but not limited to, any copyright, property or privacy right; or (v) any claim that any of your User Submissions caused damage to a third party. The CREDO Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. TERMS AND CONDITIONS
All sales of products and services on the Websites or App are governed by CREDOs’ Plan Terms & Conditions . Please refer to the Terms and Conditions for the terms and conditions applicable to your purchase and use of products and services through the Websites or App. By purchasing products or services through the Websites or App, you agree to be bound by and accept the Terms and Conditions. The Terms and Conditions are subject to change at any time without notice, in CREDOs’ sole discretion; therefore, you should review the Terms and Conditions every time you make a purchase on the Websites or App.
10. NO RESALE
The Websites and App are provided for the use and enjoyment of visitors and registrants to CREDO’s Websites and App. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Websites or App, use of the Websites or App, or access to the Websites or App.
CREDO reserves the right to disable, terminate or restrict your use of the Websites or App at any time, without notice, for any or no reason whatsoever. CREDO reserves the right to determine, in CREDOs’ sole discretion, whether a User Submission is appropriate and complies with these TOU. CREDO may remove such User Submissions and/or terminate a user’s access for uploading such material in violation of these TOU at any time, without prior notice and at CREDOs’ sole discretion. Any rights you have in accessing the Websites or App shall terminate upon the deactivation or termination of your account or the termination of these TOU with you.
12. DEALINGS WITH ADVERTISERS & MERCHANTS
Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Websites or App, including payment and delivery of related goods or services or websites, 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 Websites or App.
13. LINKS, REFERENCES & RESOURCES
14. CREDO'S PROPRIETARY RIGHTS
All proprietary rights in the Websites and the App and any necessary software used in connection with the Websites or App (“Software”) are owned or licensed for use by CREDO. The Websites and the App are owned and operated by CREDO and except as otherwise specified, CREDO owns all materials appearing on the Websites 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 Websites, 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 Websites 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 Websites, 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 Websites or App. You agree not to access the Websites or the App by any means other than through the interface that is provided by CREDO for use in accessing the Websites 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 the Websites or App 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 the Websites or on the App, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without CREDO’s prior written permission.
15. GENERAL DISCLAIMER OF WARRANTIES
THE WEBSITES, THE APP, THE CONTENT, THE OTHER INFORMATION AND ANY PRODUCTS OR SERVICES DISCUSSED, PROMOTED OR SOLD VIA THE WEBSITES OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USE OF THE WEBSITES, THE APP, THE CONTENT, THE OTHER INFORMATION AND ANY PRODUCT OR SERVICE DISCUSSED, PROMOTED OR SOLD VIA THE WEBSITES OR APP IS AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES AND/OR APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CREDO, ITS PARENT, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “CREDO PARTIES”) DISCLAIM ALL REPRESENTATATIONS AND WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES AND THE APP AND YOUR USE THEREOF. NONE OF THE CREDO PARTIES OR THEIR THIRD-PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITES OR APP WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, TIMELY, RELIABLE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR APP, OR AS TO THE ACCURACY, COMPLETENESS, SECURITY, QUALITY OR RELIABILITY OF ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR ADVERTISED THROUGH THE WEBSITES OR APP. THE WEBSITES AND APP ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. NONE OF THE CREDO PARTIES ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR OTHER INFORMATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR ACCESS TO AND USE OF THE WEBSITES OR APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITES OR APP, (V) ANY BUGS, SPIDERS, ROBOTS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES OR APP BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHER INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITES OR APP. CREDO DOES NOT REPRESENT, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OTHER INFORMATION OR PRODUCT OR SERVICE DISCUSSED, PROMOTED, ADVERTISED, OR SOLD THROUGH THE WEBSITES OR APP OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATION OF CREDO
IN NO EVENT SHALL THE CREDO PARTIES BE LIABLE FOR ANY DAMAGES OR LOSS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITES OR APP; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY PRODUCT OR SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE WEBSITES OR APP OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, GRAPHICS OR CONTENT OBTAINED THROUGH THE WEB SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES OR APP; (VII) ANY PROPERTY DAMAGE, INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THE WEBSITES OR APP OR ANY WEB SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES OR APP, ANY DELAY OR INABILITY TO USE THE WEBSITES OR APP, OR ANY CONTENT, OTHER INFORMATION OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITES OR APP. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE CREDO PARTIES HAVE BEEN ADVISED OF, OR OTHERWISE SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU SPECIFICALLY ACKNOWLEDGE THAT THE CREDO PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITES AND APP ARE CONTROLLED AND OFFERED BY CREDO FROM ITS OFFICES IN THE UNITED STATES OF AMERICA, AND CREDO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITES OR APP ARE APPROPRIATE OR AVAILABLE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITES OR APP FROM OTHER JURISDICTIONS DO SO ON THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 16, ANY CREDO PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO YOUR USE OF THE WEBSITES OR APP (OTHER THAN WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITES OR APP), YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100.00).IF, NOTWITHSTANDING THE FIRST TWO PARAGRAPHS OF THIS SECTION 16, ANY CREDO PARTY IS FOUND LIABLE UNDER ANY LEGAL THEORY FOR ANY LOSS OR DAMAGE RELATING TO ANY SERVICE(S) OR PRODUCT(S) (WHETHER TANGIBLE OR INTANGIBLE) ADVERTISED, PROMOTED OR SOLD THROUGH THE WEBSITES OR APP, YOU AGREE THAT THE LIABILITY OF SUCH PARTY SHALL IN NO EVENT EXCEED THE AMOUNT YOU HAVE PAID CREDO THROUGH YOUR USE OF THE WEBSITES OR APP.
SOME STATES OR JURISDICTIONS, TO THE EXTENT THEIR LAW MIGHT BE DEEMED TO APPLY NOTWITHSTANDING THE SELECTION OF CALIFORNIA LAW AS DESCRIBED BELOW, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE FOREGOING EXCLUSIONS OR LIMITATIONS MIGHT NOT APPLY TO YOU. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE THE CLAIM ARISES OR BE FOREVER BARRED. REMEDIES UNDER THESE TOU ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TOU.
17. THIRD PARTY ADVERTISEMENTS; LINKS TO OTHER WEB SITES
CREDO may display advertisements from third parties on the Websites or App. Your dealings or correspondence with such third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. CREDO is not liable for any damages or losses of any sort incurred as a result of such dealings or as a resulting of such third-party advertisements or information on the Websites or App. CREDO has the right, but not the obligation, to remove any material from the Websites or App for any reason or no reason at all, in its sole discretion.
18. USER SUBMISSIONS AND CONTRIBUTIONS
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize CREDO to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Websites, App and these TOU.
CREDO does not endorse any User Submission, or any opinion, recommendation, or advice expressed therein, and CREDO expressly disclaims any and all liability in connection with User Submissions. CREDO does not permit copyright infringing activities and infringement of intellectual property rights on its Websites or App, and CREDO may remove any User Submission if notified that such User Submission infringes on another’s intellectual property rights.
You agree that CREDO, should it accept a User Submission, may include that User Submission in the Websites and/or App for as long or as short a period of time as CREDO, in its sole discretion, chooses.
You also agree that CREDO may, in CREDO’s sole discretion, reject, remove, or edit User Submissions (or any portion thereof), for any reason or for no reason, at any time and without notice. CREDO may, but is not obligated to, review the content of User Submissions. User Submissions should not be submitted that contain harsh, profane, vulgar, or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or email addresses, or personal attacks; or misleading information regarding the origin of the content.
CREDO may use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any User Submission or other communication you may send to CREDO without compensation to you or attribution and for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services and creating, modifying, or improving the Websites, App or other web sites. Should you send any unsolicited materials or ideas, you do so with the understanding that no consideration of any sort will be provided to you, and you are waiving any claim against the CREDO Parties regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF BY A JUDGE OR JURY. ANY ARBITRATION UNDER THESE TOU WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTION LAWSUITS ARE NOT ALLOWED.
Each party waives its right to a jury trial in any court action arising between the parties under these TOU or otherwise related to these TOU, whether made by claim, counterclaim, third-party claim, or otherwise.
Subject to this Section 19, all disputes between you and the CREDO Parties must be resolved by final and binding arbitration. This agreement to arbitrate is intended to be given the broadest meaning under law and includes, but is not limited to, (i) disputes and claims arising out of or relating to any aspect of the relationship between you and the CREDO Parties, whether based in statute, fraud, tort, contract, misrepresentation, or any other legal theory, (ii) disputes and claims that arose before this or any prior agreement, and (iii) disputes and claims concerning the scope of this arbitration provision. The arbitration will be conducted by one arbitrator using the procedures described in this Section 19. The arbitration of any dispute shall be administered by the American Arbitration Association (“AAA”) and shall be governed by the AAA’s Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes, as modified by this these TOU, which are in effect on the date a dispute is submitted to the AAA. To the extent that such procedures differ from these TOU, these TOU shall govern to the fullest extent permitted by law. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of these TOU and may not limit, expand, or otherwise modify their terms.
Before you take a dispute to arbitration, you must first write to CREDO at:
Marconi Wireless Holdings, LLC
c/o CREDO Mobile
931 Village Blvd, Suite 905, Box 386
West Palm Beach, FL 33409
Attn: Dispute Resolution
and give CREDO an opportunity to resolve the dispute. Similarly, before CREDO takes a dispute to arbitration, CREDO must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within thirty (30) days from the date you or CREDO is notified by the other of a dispute, then either party may contact the AAA in writing and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available at www.adr.org. The arbitration will be based only on written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, online, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location the AAA selects in in San Francisco, California. Arbitrations under these TOU shall be confidential as permitted by federal law. However, by filing for arbitration, you may elect to relieve both parties to the arbitration of confidentiality obligations. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator’s fees shall be deposited equally by the parties but may be awarded by the arbitrator as provided in the AAA rules.
Nothing in this Section 19 or otherwise shall preclude the CREDO Parties from seeking any injunctive relief in any court of competent jurisdiction for protection of the CREDO Parties’ intellectual property rights or other proprietary rights. You acknowledge and agree that the CREDO Parties’ remedies at law for a breach or threatened breach by you of any of the provisions of these TOU would be inadequate and therefore agree that in the event of a breach or threatened breach, in addition to any remedies at law, the CREDO Parties shall, without posting any bond or other security, be entitled to obtain equitable relief in the form of specific performance, a temporary restraining order, a temporary or permanent injunction, or any other equitable remedy which may then be available.
All rights and remedies of CREDO upon your breach or other default under these TOU will be deemed cumulative and not exclusive of any other right or remedy conferred by these TOU or by law or equity on CREDO, and the exercise of any one remedy will not preclude the exercise of any other. These TOU are governed by the internal substantive laws of the State of California, without reference to its conflict of the laws principles. No waiver of any of these TOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These TOU may be revised, modified, altered, or updated (collectively, “Modified Terms”) by CREDO at any time in its sole discretion. Such Modified Terms shall be effective immediately upon the posting thereof on the Websites or App. Any use of the Webssites or App by you after such posting shall be deemed to constitute acceptance of such Modified Terms. It is your obligation to check this page often for Modified Terms.
21. ENTIRE AGREEMENT
If any arbitrator or any court of competent jurisdiction declares any provision of these TOU to be invalid, unlawful, or unenforceable as drafted, the parties intend that such provision be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law. Each party acknowledges and agrees that any interpretation of these TOU will not be construed against a party by virtue of its having drafted the provisions hereunder.
23. DIGITAL MILLENNIUM COPYRIGHT ACT
It is CREDO’s policy to respect the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any User Submission or other communication or material infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Website are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CREDO to locate the material;
- Information reasonably sufficient to permit CREDO to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CREDO’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Officer, Marconi Wireless Holdings, LLC, 30870 Russell Ranch Road Suite 250, Westlake Village, CA 91362. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to CREDO’s customer service. You acknowledge that if you fail to comply with all the requirements set forth above, your DMCA notice may not be valid.
If you are the owner or an agent thereof, of material that was removed from the Web site or disabled after CREDO received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending CREDO a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, CREDO may send a copy of the counter-notice to the original complaining party informing that person that CREDO may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, and provides CREDO with notice of same, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at CREDO’s sole discretion.
24. INTELLECTUAL PROPERTY NOTICE
All content on the Websites and App is owned by CREDO or its licensors, and is protected by U.S. and international copyright, trademark, and similar intellectual property laws. All rights in and to such content is reserved. Reproduction of any content, in whole or in part, without permission is prohibited.
25. ABILITY TO ACCEPT TERMS
You affirm that you are at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOU, and to abide by and comply with these TOU.
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created between you and CREDO by your use of the Websites or App. Any provision of these TOU which by its nature would survive the termination or expiration of these TOU, including without limitation Sections 6, 8, 12, 13, 14, 15, 16, 19, 21, 22, and 24-27shall do so. These TOU, and any rights and licenses granted hereunder, may not be transferred, licensed, or assigned by you, but may be assigned or transferred by CREDO without restriction. The section headings used herein are for convenience only and shall not be given any legal import. These TOU are for the benefit of CREDO, the other CREDO Parties, and their third-party content providers and licensors, and each shall have the right to assert and enforce these TOU directly or on its own behalf. Nothing in these TOU shall be deemed to confer any third-party rights or benefits.
In addition to any limitations provided by applicable law, CREDO shall be excused from liability for non-delivery or delay arising from any event beyond its reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, pandemic, and other causes or events beyond its reasonable control, whether or not similar to those which are enumerated above.
27. TRADEMARK INFORMATION
CREDO, CREDO Mobile, Making it Easy to Make a Difference, Bracket of Evil, all logos associated with CREDO, CREDO Mobile, and other CREDO logos, trademarks, product and service names, designs and slogans are trademarks of CREDO or its affiliates (the “Marks”). You agree not to display or use the Marks in any manner without the prior written permission of CREDO or its appropriate affiliates.
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.