IMPORTANT – READ CAREFULLY. THIS CRECENTRIC TERMS OF USE AGREEMENT (“AGREEMENT”) SETS FORTH THE LEGAL TERMS AND CONDITIONS WHICH GOVERN YOUR USE OF THE CRECENTRIC.COM WEBSITE AND ALL OTHER WEBSITES OWNED AND OPERATED BY CRECENTRIC, INC or CRECENTRIC, LTD. (THE “WEBSITE”). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. WHEN YOU CLICK “I ACCEPT” WHEN DOWNLOADING ANY CRECENTRIC PRODUCT MATERIALS FROM THE WEBSITE YOU ARE ALSO AGREEING THAT (1) YOU ARE AUTHORIZED TO ACCEPT AND AGREE TO THE TERMS OF THIS AGREEMENT AND (2) YOU INTEND TO ENTER INTO AND TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU CLICK ON THE BOX LABELED “I ACCEPT”, YOU WILL BE GRANTED ACCESS TO THE PRODUCT MATERIALS, AND THIS AGREEMENT WILL BE EFFECTIVE IMMEDIATELY (THE “EFFECTIVE DATE”). THE WEBSITE IS ONLY AVAILABLE TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD. TERMS NOT OTHERWISE DEFINED IN THE TEXT OF THIS AGREEMENT SHALL HAVE THE MEANING ASCRIBED TO THEM AS OTHERWISE DEFINED ON THE WEBSITE.
By accessing and using the Website, you agree to abide by the terms and conditions of the CREcentric Acceptable Use Policy, which may be modified or updated from time to time.
2.1 License. CREcentric grants to you a limited, non-transferable, non-sublicensable, revocable license to access and use the Website subject to the terms and conditions of this Agreement.
2.2 Ownership. All CREcentric or third-party intellectual property, and the accompanying right, title and interest in and to such intellectual property will remain solely with CREcentric and/or the third party, as applicable. CREcentric, CREcentric.com, the CREcentric logo, and all other trademarks, service marks, graphics and logos located on the Website are trademarks or registered trademarks of CREcentric. Other trademarks, service marks, graphics and logos located on the Website may be the trademarks of other third parties. Your use of the Website does not transfer any ownership, rights, or title from CREcentric to you.
As CREcentric asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to the Website violates your copyright, you are encouraged to notify CREcentric in accordance with CREcentric’s Digital Millennium Copyright Act (“DMCA”) Policy. CREcentric will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. CREcentric may terminate access to and use of the Website if, under appropriate circumstances, it is determined to be a repeat infringer of the copyrights or other intellectual property rights of CREcentric or others. In the case of such termination, CREcentric will have no obligation to provide a refund of any amounts previously paid to CREcentric.
THE CRECENTRIC WEBSITE IS PROVIDED “AS IS.” CRECENTRIC AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER CRECENTRIC NOR ITS SUPPLIERS OR LICENSORS, MAKE ANY WARRANTY THAT THE CRECENTRIC WEBSITE WILL BE ERROR FREE OR THAT ITS AVAILABILITY WILL BE CONTINUOUS OR UNINTERRUPTED.
CREcentric may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, intellectual property ownership provisions, warranty disclaimers, indemnification obligations and limitations of liability.
IN NO EVENT WILL CRECENTRIC, ITS AFFILIATES, SUPPLIERS, OR LICENSORS, BE LIABLE TO YOU WITH RESPECT TO YOUR ACCESS OR USE OR OF THE WEBSITE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY FOR ANY DAMAGES WHATSOEVER. CRECENTRIC SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND ITS REASONABLE CONTROL.THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to indemnify and hold harmless CREcentric, its affiliates, contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the CREcentric Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between CREcentric and you, concerning your access and use of the Website This Agreement will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the State and Federal courts located in Kings County, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by one arbitrator appointed in accordance with such Rules. The arbitration shall take place in New York, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Acceptable Use Policy (“Policy”) governs your use of the CREcentric Website and the Product Materials and Services offered thereon and/or downloaded therefrom. We may modify the Policy by posting a revised version on the Website. By accessing and/or using the Website and/or any CREcentric Product Materials or Services, you agree to be bound by the most current version of this Policy. Capitalized terms used herein, but not defined in this Policy shall have the same meaning as set forth in the CREcentric Terms of Use.
You may not use, or facilitate or allow others to use, the Website or any Product Materials or Services:
Reporting Violations of this Policy.
The safety and security of all of our users, and everyone in the community is of utmost importance to us. If you become aware of any violations of this Policy, you can submit a report to Info@crecentric.
Investigation and Enforcement.
CREcentric may investigate any suspected violation of this Policy, and remove or disable access to any content or resource that violates this Policy. You agree to cooperate with us to remedy any suspected violation. Determinations of whether there has been a violation of this Policy will be made at CREcentric’s sole discretion.