1. Using this Mobile App
a. Who can use this Mobile App
You may use our Mobile App only if you can form a binding contract with Cru, and only in compliance with these Terms and all applicable laws. Any use of access by anyone under the age of 13 is prohibited. If you download this Mobile App on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. This Mobile App is downloaded to your mobile device. You agree that we may automatically upgrade this Mobile App and these Terms will apply to such upgrades.
b. Our license to you
Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use this Mobile App.
c. Commercial Use of this Mobile App
Your use of this Mobile App is strictly and exclusively limited to personal, non-commercial use.
2. Your Content
a. Posting Content
This Mobile App allows you to input content, including answers, comments and other materials. Anything that you input or otherwise make available on our Mobile App is referred to as “User Content.” You retain all rights in, and are solely responsible for, the User Content you post in this Mobile App.
b. How this Mobile App can Use Your Content
You grant Cru a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in the Mobile App that is collected in non-personally identifiable aggregate form, solely for the purposes of operating, developing, providing, and using the Mobile App. Nothing in these Terms restricts other legal rights Cru may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content that we believe violates these Terms or our policies.
c. How Long We Keep Your Content
Following termination or deactivation of your Mobile App, or if you remove any User Content from the Mobile App, we may retain your non-personally identifiable User Content collected in aggregate form for a commercially reasonable period of time for backup, archival, research, or audit purposes.
d. Feedback You Provide
We value hearing from our users, and are always interested in learning about ways we can make this Mobile App better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Cru does not waive any rights to use similar or related Feedback previously known to Cru, or developed by its employees, or obtained from sources other than you.
3. Notice and Procedure for Making Claims of Copyright Infringement
Cru is committed to respecting the intellectual property rights of other parties, and we ask you to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, in this Mobile App should be sent to Cru’s Designed Agent:
Dennis R. Kasper, Esq.
Lewis, Brisbois, Bisgaard & Smith, LLP
221 Figueroa Street, Suite 1200
Los Angeles, CA 90012
(213) 250-7900 Fax
Cru cares about the security of our users. While we work to protect the security of your content, Cru cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use.
5. Restrictions on Use of Content, Materials and Marks
Your use of this Mobile App is subject to Cru and Third Party Intellectual Property Rights. Except as expressly authorized in these Terms, you agree that:
– You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works from any part of this Mobile App, in whole or in part, by any means now known or later developed;
– You will not modify, decompile, or reverse engineer any of this Mobile App;
– You will not access, tamper with, or use non-public areas of this Mobile App, our computer systems, or the technical delivery systems of our providers;
– You will not attempt to probe, scan, or test the vulnerability of any Cru system or network or breach any security or authentication measures;
– You will not copy, post or transmit any part of this Mobile App that you receive, access, or retrieve to any server, or network of computers;
– You will not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing this Mobile App.
– You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, this Mobile App;
– You will not collect or store any personally identifiable information from other users of this Mobile App without their express permission;
– You will not violate any applicable law or regulation; and
– You will not encourage or enable any other individual to do any of the activities prohibited in these Terms.
Cru may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 5-12 of these Terms.
If you use this Mobile App for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless Cru and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits, or proceedings brought by third parties), in any way related to (a) your access to or use of this Mobile App, (b) your User Content, or (c) your breach of any of these Terms.
This Mobile App and all included content are provided on an “as is” basis without any warranty of any kind, whether express or implied.
CRU SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Cru takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using this Mobile App.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRU WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS MOBILE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN THIS MOBILE APP, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT WILL CRU’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THIS MOBILE APP EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Unless you are an employee of Cru and subject to Cru’s internal dispute resolution policy, for any dispute you have with Cru regarding this Mobile App, you agree to first contact us and attempt to resolve the dispute with us informally. If Cru has not been able to resolve the dispute with you informally, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and Cru agree otherwise, the arbitration will be conducted in the state or federal courts in Orange County, Florida, United States of America. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Mobile App. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CRU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
11. Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Florida, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state or federal court in Orange County, Florida for any actions not subject to Section 10 (Arbitration).
This Mobile App is controlled and operated from the United States of America, and we make no representations that it is appropriate or available for use in other locations.
12. General Terms
Notification Procedures and changes to these Terms. Cru reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use this Mobile App after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using this Mobile App.
Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Cru without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
Entire Agreement/Severability. These Terms, together with the Privacy Notice and any amendments and any additional agreements you may enter into with Cru in connection with this Mobile App, constitutes the entire agreement between you and Cru concerning this Mobile App. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
No Waiver. No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Cru’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.