Effective: July 1, 2011
2.Services. The terms Services as used herein is defined in paragraph 1 and includes, without limitation, forums, shopping services, search services, links, and branded programming which may be accessed through any medium or device now known or hereafter developed. You understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from CRCI, such as service announcements and administrative messages.
3.Registration Information; Information for Purchasing Products. In association with your use of the Services, you may become a registered user of the Service. You may wish to do so as it allows you to avoid inputting the same information each time you purchase a product. In order to register, you may be required to provide your name, e-mail address, street address, city, telephone number, and zip code. You may also be required to create a member name and password. You will be required to input some of this same information in order to purchase products, even if you elect not to become a registered user. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s forms (the “Data”) and (b) maintain and promptly update the Data to keep it true, accurate, current and complete. You further agree that you will not supply the e-mail address of, register under the name of, or attempt to access the name of, another person. CRCI may delete any member account that CRCI believes has been obtained through the use of false or fraudulent information, and may delete any Content posted on the Service using such account. CRCI may also reject or terminate the use of any member name that CRCI deems inappropriate for any reason.
4.Account Requirements. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You are responsible for maintaining the confidentiality of your member name and account, and are responsible for all activities that occur under your member name. If you discover or suspect any unauthorized use of your account, you agree to immediately notify CRCI. CRCI may terminate any account that is inactive for an extended period of time.
5.Acceptance of Terms.
a.In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by:
i.Clicking to accept or agree to the Terms, where this option is made available to you in the user interface for any Service; or
ii.By actually using the Services. In this case, you understand and agree that CRCI will treat your use of the Services as acceptance of the Terms from the commencement of use.
b.You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with CRCI, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
c.Before you continue, you should print or save a local copy of these Terms for your records.
6.Changes to Terms. CRCI may change the Terms from time to time. When these changes are made, CRCI will post the revised Terms. You understand and agree that if you use the Services after the date on which the applicable Terms have changed, your use constitutes acceptance of the updated Terms.
7.Prohibited Conduct. You agree that you will not:
a.Engage in any activity that interferes with or disrupts the Services or the servers and networks which are connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
b.Use the Services for any fraudulent or illegal purpose, or to gather personally identifiable information without prior consent.
c.Impersonate any person or entity, including but not limited to, a CRCI employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
8.Illegal Conduct; Disclosure of Account Information. CRCI reserves the right, in its sole discretion, with or without notice, to investigate, and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving the Services. You acknowledge, consent and agree that CRCI may access, preserve and disclose your account information, or any content or materials you submit, transmit, or otherwise make available through the Services if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) fill your order for merchandise; (b) comply with legal process; (c) enforce the Terms; (d) respond to your requests for customer service; or (e) protect the rights, property or safety of CRCI, Services users, or anyone else.
9.Use and Storage. You acknowledge and agree that CRCI may establish general practices and limits concerning use of the Services. You agree that CRCI has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that CRCI reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that CRCI reserves the right to modify these general practices and limits from time to time in CRCI's sole discretion.
10.Intellectual Property. You understand that all information to which you may have access as part of, or through your use of, the Services is the sole responsibility of the person from which such content originated. All such information is referred to as “Content.” All such Content, including but not limited to advertisements in the Services and sponsored Content within the Services, may be protected by intellectual property rights which are owned by the provider of the Content (or by other persons or entities). You may not modify, rent, lease, loan, sell, distribute, copy, or create derivative works based on this Content (either in whole or in part) unless you have been given written permission by the owners of that Content. You acknowledge and agree that CRCI (or its licensors) own all legal right, title and interest in and to the Services, the Products sold through the Site, and to the Content created by CRCI, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights might exist.)
a.Permission to Use Content. For information on permission to use content from the Service, please contact CRCI by clicking this link and submitting the form that follows.
b.Trademarks. The trademarks, service marks, and trade names appearing on the Service are the common law or registered trademarks of CRCI, its licensors, or others. No trademark, service mark, or trade name may be used without the express written permission of the owner.
c.Submissions. You retain ownership of the copyright and any other rights you already hold in Content which you submit, post, or display on or through the Service (“Submissions”). By submitting, posting, or displaying the Submissions, you give CRCI a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, and create derivative works from, the Submissions on or through any Services and on or through any other online or offline medium, including but not limited to the online, offline, or electronic publication of CRCI. You agree that this license includes a right for CRCI to make the Submissions available to other companies, organizations, or individuals with whom CRCI has relationships. You acknowledge and agree that CRCI, in performing the required technical steps to provide the Services to users, may (a) transmit or distribute Content (including Submissions) over various public networks and in various media; and (b) make such changes to Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You confirm and warrant to CRCI that you have all the rights, power, and authority necessary to grant the above license.
d.Proprietary Rights Notices. You agree that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.
e.Responsibility for Content. You agree that you are solely responsible for (and that CRCI has no responsibility to you or to any third party for any Content (including Submissions) that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which CRCI may suffer).
11.Contributions. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to CRCI, you acknowledge and agree that:
a.Your Contributions do not contain confidential or proprietary information;
b.CRCI is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
c.CRCI shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
d.CRCI may have something similar to the Contributions already under consideration or in development;
e.Your Contributions automatically become the property of CRCI without any obligation of CRCI to you; and
f.You are not entitled to any compensation or reimbursement of any kind from CRCI under any circumstances.
a.Outgoing. The Services may include hyperlinks to other web sites or content or resources. CRCI may have no control over any web sites or resources which are provided by companies or persons other than CRCI. You acknowledge and agree that CRCI is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that CRCI is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy, or existence of any advertising, products or other materials on, or available from, such web sites or resources.
b.Incoming. You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by us. However, you may not frame any of the content of this site without the prior written permission of the CRCI.
a.Interactions with Third Parties. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CRCI 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 on the Services.
b.Disputes with Third Parties. If there is a dispute between members of this site, or between a member and any third party, you understand and agree that we are not liable and are under no obligation to become involved. In the event that you have a dispute with one or more other members or third parties, you release CRCI, its officers, employees, agents, representatives and successors from any claims, demands and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Services.
14.Digital Millennium Copyright Act. CRCI respects the intellectual property of others, and we ask our users to do the same. CRCI may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
a.Notice. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us pursuant to the following policy. Notification of claims for copyright infringement must be in writing and delivered to CRCI, LLC; Attn Legal Department, PO Box 11875, Daytona Beach, FL 32120 OR you may send the same by clicking this link
and submitting the electronic form.
Please note that all notices (regardless of delivery method or format) must contain:
(1) A physical or electronic signature on behalf of the copyright owner or claimant;
(2) Specific identification of the work allegedly being infringed;
(3) Specific identification of the allegedly infringing work that the complainant would like removed, including the location of the material;
(4) Complainant’s contact information, including name, address, telephone number, and e-mail address;
(5) A statement that the complainant has a good faith belief that the use of the material is not authorized by the copyright owner or claimant; and
(6) A statement that the information in the notice is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner or claimant of the copyright.
b.You understand that the Services and the software embedded or supporting the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by CRCI and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded in the Services. You may not decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in the Services.
15.Modification or Cessation of Services. You acknowledge and agree that the form and nature of the Services which CRCI provides may change from time to time without prior notice to you. You acknowledge and agree that CRCI may also stop, permanently or temporarily, providing the Services (or any features) to you or to users generally at CRCI’s sole discretion, without prior notice to you. You agree that CRCI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.
16. Reporting Violations. If you see something on the Services that you believe violates the Terms, interferes with the ability of others to enjoy the Services, or is otherwise objectionable, please notify CRCI by clicking this link
and submitting the form that follows.
17.Indemnity. You agree to indemnify and hold CRCI harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Service, your use of the service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.
18.DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IN PARTICULAR, CRCI, ITS AFFILIATES, AND ITS LICENSORS, DO NOT REPRESENT OR WARRANT TO YOU THAT (a) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR; (c) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 CRCI OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. CRCI FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19.LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CRCI, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
a.ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOOD WILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
b.ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF (i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; (ii) ANY CHANGE WHICH CRCI MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); (iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR (iv) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
c.THE LIMITATIONS ON CRCI’S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT CRCI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
20.Third Party Beneficiaries. There shall be no third party beneficiaries to these Terms.
21.Acknowledgment. You acknowledge and agree that (1) you have read and understood these Terms of Service; (2) these Terms are fair and reasonable, and not unduly restrictive; and (3) that you have had the opportunity to confer with legal and financial counsel of your choosing regarding these Terms.
22.Survival. In the event of termination of this Agreement, the provisions regarding Illegal Conduct; Disclosure of Account Information, Use and Storage, Intellectual Property, Contributions, Dealings with Third Parties, Indemnity, Disclaimer of Warranties, Limitation of Liability, Acknowledgment, Survival, and General Provisions shall survive.
a.Notices. CRCI may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on or through the Services.
b.Waiver. Any waiver by CRCI of any breach of, or failure to comply with, any provision of these Terms by you shall be in writing and shall not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other breach of, or failure to comply with, any other provision of these Terms.
c.Governing Law; Jurisdiction; Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida, without regard to its principles of conflicts of laws. Each party hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Florida located in Volusia County or the appropriate federal court having subject matter jurisdiction of the dispute and encompassing Volusia County Florida, (the "Florida Courts") for any litigation arising out of or relating to these Terms and the transactions contemplated hereby (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Florida Courts and agrees not to plead or claim in any Florida Court that such litigation brought therein has been brought in an inconvenient forum.
d.Severability. Should any one or more of the provisions of these Terms be determined to be illegal or unenforceable, all other provisions shall be given effect separately from the provision or provisions determined to be illegal or unenforceable and shall not be affected thereby
e.WAIVER OF JURY TRIAL. BY EXECUTING THIS AGREEMENT, THE PARTIES HERETO KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT THEY HAVE UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE ISSUES RAISED BY ANY SUCH DISPUTE.