and, unless other terms and conditions expressly govern, any other electronic services from cremembers.com that may be made available by us to you from time to time (collectively, the "Service").
1. Changes to Subscriber Agreement.
We may change the terms of this Agreement at any time. The changes will appear in this document, which you can access at any time by going to the "About Us" section of cremembers.com. You signify that you agree to be bound by such changes by accessing or using the Service after changes are made to this Agreement.
2. Privacy and Your Account.
Registration data and other information about you will be shared with our affiliates, subsidiaries and certain of our partners in limited circumstances. If your access to the Service has been provided by or through a third party (for example, your employer or an education institution where you are a student) (each, a "Third Party"), the Third Party may have provided us with information about you to enable us to provide you with access to the Service and distinguish you from other subscribers (such as your email address or name). If you access the Service using a password, you are solely responsible for maintaining the confidentiality of that password. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required hereunder. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice.
3. Fees, Term and Renewal.
You must be 18 years of age or older to purchase a subscription to the Services or any other content, product, or service offered by us through the Services. If you are less than 18 years of age and want to make any such purchase, please ask your parent or guardian to complete the purchase on your behalf. You agree to pay the subscription fees and any other charges incurred in connection with your log in and password for the Service (including any applicable taxes, charges, or assessments) at the rates in effect when the charges were incurred. Subscription fees will be billed at the beginning of your subscription or any renewal. In the event that you choose to cancel your subscription before the subscription period expires, we will refund to you the balance due. The Service has two pricing options. The first pricing option is a monthly option that gives you access to the Service on a month-to-month basis for $35 per month (“Monthly Plan”). The second pricing option is an annual option that gives you access to the Service on a 12-month basis (measured from the month you start your subscription of the Service) for $300 per twelve-month period (“Annual Plan”).
Either the Monthly Plan or Annual Plan will renew automatically until we receive a written notification from you, by postal mail or email, instructing us to cancel your subscription. You must notify us of any cancellation of the Subscription at least 30 days in advance. For example, if you selected the Monthly Plan and you notified us on October 15 of your cancellation, your subscription will be cancelled effective December 1 and you would be charged for October and November.
If you select the Annual Plan and cancel the Service prior to the end of the first 12-month term, you will be charged $35 per month for the months you had the Service and be refunded the remainder. For example, if you began the Service in January and on March 15th
you sent us the required 30 days’ notice and notified us that you wanted to cancel the Service, your subscription would be cancelled effective May 1 and you would be charged $140 ($35 per month times 4 months) and receive a refund of $160.
4. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your account information, email addresses, usage history, posted materials, IP addresses, and traffic information.
5. Use of the Service and Products.
a. Limited License.
You may access and use the Services for personal and/or professional use only. We are providing you with a limited license to access and use the Service, subject to this Agreement. Your use of and access to the Service does not give you any right of ownership or any other right except for the limited license provided in this Agreement. You do not obtain any additional rights by reason of your use of or access to the Service. We reserve all rights except the limited right granted to you in this Agreement. Certain Products may be owned by or subject to the rights of third parties, and your use is subject to the rights of those third parties.
b. Protected Content.
The content, information, text, graphics, images, video, metadata, design, organization, compilation, look and feel, advertising, and all other protectable intellectual property in or relating to the Service (collectively, the "Content") are our property or the property of our licensors and are protected by copyright, trademark, and other intellectual property laws. You agree not to challenge our rights or interests in any Content. Unless you have our prior written consent, you may not sell, lease, publish, distribute, retransmit, or otherwise provide copies of or access to the Service or any Content received through the Service to anyone (including your fellow employees, if applicable).
c. Modifications to Content.
You agree not to rearrange or modify any Content without our prior written consent. You agree not to create abstracts from, scrape, or display our content for use in print or on another website or service (other than headlines from our Site with active links back to the full article on the Service). You agree not to post any content from the Service to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent. We reserve the right to upgrade, modify, replace, or reconfigure the Service at any time, and to add or remove Products from the Service in our sole discretion.
d. Unlawful Purposes.
You agree not to use the Service for any unlawful purpose. We reserve the right to terminate or restrict your access to the Service if, in our opinion, your use of the Service violates the terms of this Agreement or may violate any laws, regulations or rulings, or may infringe upon another person's rights.
e. Errors, Corrections, and Changes.
We do not represent or warrant that the Service or any Content will be error-free, always available, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Service will be correct, accurate, timely, or otherwise reliable. We may make changes to the features, functionality, or content of the Service at any time. We reserve the right in our sole discretion to edit or delete any documents, information, or other content.
6. User Password.
When you purchase a subscription, we will provide you with a username and password. If you have concerns or believe that someone is using your password without your authority, please immediately contact email@example.com
. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, or to safeguard the interests of others.
7. User Generated Content.
a. User Content.
We offer you the opportunity to comment on and engage in discussions regarding articles and various topics. Any content, information, graphics, audio, images, and links you submit in connection with any of the foregoing activities is referred to as "User Content" in this Agreement and is subject to the terms and conditions set forth in this Agreement. You are solely responsible for any User Content that you submit, and for all consequences of your User Content, and you will defend, indemnify, and hold us harmless from any claims, lawsuits, and/or judgments brought against us arising from your User Content.
b. Grant of Rights; Representations by You as to User Content.
If you upload, post, or submit any User Content on the Service, you represent to us that you have all the necessary legal rights to upload, post, or submit such User Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting, or submitting information on the Service, you grant CRE Media and Events, LLC and its successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your User Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of User Content, or any portion thereof, by us and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Service and to allow other us or users to request access to your User Content.
c. Cautions Regarding Other Users and User Content.
You understand and agree that other users of the Service may also provide User Content which may include the information, views, opinions, and recommendations of many individuals and organizations. We do not endorse any recommendation or opinion made by any user, and we will make no effort to verify any statement or claim in any User Content. We may screen and review User Content from time to time, but you agree that we are not under an obligation to do so. We reserve the right to monitor or remove any User Content from the Service at any time without notice. You should also be aware that other users may use our Service for personal gain or other reasons that have nothing to do with the Service or our purposes in making the Service available to you. User Content may be misleading, deceptive, libelous, or in error. As a result, please approach messages and other User Content with appropriate skepticism.
d. Removal of User Content.
We may also remove any User Content for any reason and without notice to you. This includes all materials related to your use of the Service or Products or your subscription, including comments, account information, or other personalized information you have created while subscribing to or accessing the Service.
8. Rules of Conduct.
In addition to any other provisions of this Agreement, you must comply with the following rules:
• No posting of off-topic, illegal, threatening, libelous, or obscene content.
• Obscene names and content will be removed from the Site.
• No posting of another person's personal data, such as contact details.
• Comments should not be used to level personal attacks on other users, site owners, or contributors to the site reviewed.
• Do not impersonate other users.
• If you wish to report an offensive post, please contact firstname.lastname@example.org
Access to the Service.
We will use reasonable good faith efforts to enable your access to the Service at all times (subject to the availability to us of Products), except for scheduled software or host server maintenance or events that are beyond our reasonable control. We are not responsible for providing you with power, wiring, computer equipment, internet connectivity, or communications access to the Service — that is entirely your responsibility. We do not guarantee the confidentiality or security of any information that you transmit to us or to or through the Service by any means.
10. Additional Terms and Notices.
We use cookie technology. Many web browsers automatically accept cookies by default, but contain an option to turn off the cookie acceptance if you prefer. If you turn off acceptance, you will need to enter your password every time you use cremembers.com. We do not allow unrelated third parties to set cookies on our websites. We do not use tracking or measurement tools that would allow your individual browsing activity to be tracked across third-party websites or that would give information about you as an individual to third-parties based on your browsing activity.
11. Disclaimers of Warranties and Limitations on Liability.
a. No Warranties.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT, MEMBER BENEFITS, IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice.
Limitations on Liability.
i. In no event shall we or our agents, officers, employees, or representatives be liable under any theory liability, however arising, for: (1)Any costs of cover or for any claim of special, indirect, incidental, punitive, or consequential damages arising from or related to a breach of this Agreement or to the operation, use of, or inability to use the Service or any Product (even if we have been advised of the possibility of such claims or damages); or (2)claims or damages (regardless of their nature) for any delay or failure by us to perform any obligation under this Agreement due to any cause beyond our reasonable control; or (3)claims brought in any court or other governmental authority of competent jurisdiction more than one (1) year after any such cause of action first arose.
ii. In no event shall our liability to you or to any third party under any claim arising under or relating to this Agreement or your use of or access to the Service or any Product exceed, in the aggregate, the lesser of: (1) one hundred dollars ($100.00); or (2) the total amount of subscription fees you have actually paid to us for the Service during the twelve calendar months prior to the date such claim is asserted or arises.
The foregoing limitations of liability are intended to apply to all claims and damages without regard to whether any other provision of this Agreement has been breached or proven ineffective. You agree that the validity of the limitations contained in this paragraph do not depend upon or relate to the effectiveness of the limited remedies described in this paragraph, and shall therefore apply even if any such remedy fails of its essential purpose.
This Agreement contains the final and entire agreement between us regarding your use of the Service and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Service. We may discontinue or change the Service, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.
In the event of any dispute, claim or controversy between us related to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, and whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, then such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in Arlington, Texas, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted before one arbitrator in as expedited a manner as is then permitted by the Commercial Arbitration Rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration. You agree that this Agreement will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflicts of laws provisions.
We reserve the right to change or modify the terms and conditions of the subscription you have purchased without prior notice.
This Agreement may be signed and is enforceable by electronic signature, digital signature, wet signature or facsimile signature.
IN WITNESS WHEREOF
, the parties hereto enter into and execute this Agreement on the dates specified below.
CRE MEDIA AND EVENTS LLC
701 Highlander Blvd #353
Arlington, TX 76015