Effective Date: August 2, 2020
CRED3 Website, CRED3 System, and Services
You must be (and you represent that you are) a natural person 18 years of age or older, or a corporation, limited liability company, or some other entity recognized by applicable Law as a person capable of entering into a contract. This Website, CRED3 System and the Services are not intended for, and may not be used by, children under the age of 13 or any minor under the age of 18.
The words “CRED3” or “us” or “we” or “our” refer to CRED3. The words “you” or “your” or “yours” refer to you as the User who is the person visiting, browsing, viewing, using, or accessing (or causing access to) the Website, the CRED3 System or our Services, or the corporation, company or entity on whose behalf that person accesses (or causes access to) or uses the Website, CRED3 System or our services.
1. Overview of the CRED3 System
CRED3 System. The CRED3 System uses know-how, services, information technology, proprietary intellectual property, and patent pending inventions to provide an easy and universal way for people to manage and their emotional health and other key performance indicators to enable them to be more productive and successful. Our advisors help our Clients understand the value of their emotional health in their personal lives and respective area of expertise or business. The CRED3 System utilizes the relationships described below.
Primary Participants. There are three primary participants (other than CRED3) in the CRED3 System:
“Clients” – Clients may be referred to as “Administrators”. They are persons, businesses or organizations who contract with CRED3 to access and use the CRED3 System. Clients may purchase personal or business CRED3 services including “Dashboards”. Personal services include setting objectives and goals, answering performance indicator questions and recording video journal entries on a regular basis. In some cases, Clients may select to communicate with CRED3 Advisors. Business services include setting objectives and goals for the organizations, adding Members to CRED3, setting journal schedules, creating Groups and assigning Advisors. They are responsible for the assignment of Dashboards to Members and Members to Groups and Advisors. Clients may select to communicate with CRED3 advisors A Client must agree to CRED3’s then-current Client Agreement.
“Advisors” – Persons who are authorized by the Administrator to provide oversight and guidance to designated Members. Advisors are responsible for setting objectives and goals, setting journal schedules and communicating with designated Members and Administrator. Advisors must respect and comply with the Client Agreement.
“Members” – They are persons, businesses or organizations who contract with CRED3 to access and use the CRED3 System. Clients set objectives and goals, answer performance indicator questions and record video journal entries on a regular basis. In some cases, Clients may communicate with advisors.
Dashboards. The “Dashboard” is part of the CRED3 System and serves as the primary information vessel used to communicate data into a simple social medium acceptable by human beings. Each of the six applets of the Dashboard provides structure to emotional health and other performance indicators. The Dashboard has value and purpose.
Applets are numbered one to six and include the following:
One – Applet used for profile information, group information and dashboard information based upon the role of the user. Schedules, notes and other management features are included in this applet.
Two – Applet used primarily to display and manage objective and goals for the Member, Advisor or Client. Clients can set the overall objective and goals which is displayed for the Advisor and Member.
Three – Applet used to measure the overall progress of the Client and their organization.
Four – Applet used to display the metrics of emotional health. The metrics and analytics displayed ae best effort results of emotional health indicators calculated from the video journal of the Client and Members.
Five – Applet used to display the performance metrics of objective. The metrics and analytics displayed ae best effort results of emotional health indicators and other responses form the Clients and Members and are calculated from the video journal and question responses of the Client and Members.
Six – Applet used to communicate via text or video message between Members and Advisors, Advisors and Clients and Clients and CRED3. The assigned hierarchical Advisor is identified so each person knows who they are communicating with.
Use of the CRED3 System. The CRED3 System allows a Client to view their emotional health metrics and performance indicators to manage and measure progress for objectives and goals. More generally, a Client may use the CRED3 System and Services in the manner described in this Agreement and the Website.
CREDibility Community. The CRED3 System may include a Client, Advisors and Members who collaborate together to reach objectives and goals.
Services. The “Services” under this Agreement are the services provided by CRED3 to implement, deliver and perform the CRED3 System for a Client.
2. Terms and Amendment of Terms
3. Rights of Clients, References and Prospects
Notwithstanding anything in the Terms to the contrary, you have no right to access or use the CRED3 System or the Services unless you are a Client, Advisor or Member. If you are a Client or Client Representative, Advisor or Member, your rights are limited to those as a Client or Client Representative as described in the Terms and the Client Agreement.
4. User Information
5. Electronic Communications
(a) As a condition of any use of the Website, CRED3 System or Services, you give CRED3 permission to communicate with you by email, including administrative and promotional e-mails. You consent to receiving these and other forms of electronic communications about your account or registration activities, as well as Website updates and promotional offers. You may opt-out from promotional e-mails at anytime by changing your profile settings.
(b) CRED3 will generally communicate with you by electronic means, such as e-mail. As a User, you give consent that all agreements, notices, disclosures and other communications that we provide to you by email or other electronic means satisfy any applicable legal requirement, including, without limitation, any requirement that such agreements, notices, disclosures, and communications be in writing.
(a) Content, Representations, and Responsibility. The term “Content” means and includes the information, statements, representations, promises, assurances, descriptions, logos, trademarks, service marks, conditions, images, graphics, audio, video, and other content that a Client, Advisors and Members or other User discloses or provides to CRED3 or this Website or to the CRED3 System. The term “Representations” means information, statements, representations, promises, assurances, descriptions, logos, trademarks, service marks, conditions, images, graphics, audio, video, and other content that a Client, Advisor, Member or other User discloses or provides to anyone other than CRED3. You (not CRED3) are solely responsible for your Content and Representations. You (not CRED3) are solely responsible for ensuring that your Content and Representations are in compliance with all applicable Laws and do not violate or infringe the rights, privacy or intellectual property of any other person.
(b) Responsibility. CRED3 has no obligation or liability to you (or anyone claiming by, from or through you) with respect to any Content or Representation of another User or third party or for any products or services of another User or third party. For example, any failure of a Client to honor a contract is the liability of the Client not CRED3. CRED3 does not guarantee the performance or compliance of any Client, Advisor or Member or make any guarantee or warranty concerning any outcome offered by a Client or third party. Any defects, problems or warranty issues concerning such products, services or opportunities are the responsibility of the Client or the third party, not CRED3. To the extent possible under applicable Law, you release CRED3 from any responsibility or liability for any Client, Advisor and Member or other User, or any Content or Representations, or any products, services or opportunities of a Client or third party, or any noncompliance by any Client, Advisor and Member or other User with Content, Representations, or any applicable Law, or any obligation or contract the Client, Representative, Prospect or other User may have to or with you.
(c) Other Users. You are solely responsible for your interactions and dealings with other Users, including Clients, Advisors and Members.
7. Instructions and Guidelines
The “Instructions and Guidelines” are the then-current instructions, guidelines, directions, procedures, forms, standards, requirements, and processes for the Website, CRED3 System or Services or access to or use of any of them as found on the Website or as provided by CRED3 to you by email or other communication. The Instructions and Guidelines applicable to Clients include the Instructions and Guidelines referred to in the Client Agreement. The Instructions and Guidelines may be changed from time to time by CRED3. The applicable Instructions and Guidelines are those in effect at the time the Website, CRED3 System or Services are used by you. In the event of any change to the Instructions and Guidelines, such change will not have retroactive effect, but will apply prospectively.
8. Your Contributions
The term “Contributions” refers to any and all postings, information, statements, representations, promises, assurances, descriptions, logos, trademarks, service marks, conditions, images, graphics, audio, visual, and other content that a User submits, places or posts on, to or for the Website, CRED3 or any Dashboard. Any Contributions that you (or someone for or on behalf of you) submit, place or post on, to or for the Website, CRED3 or a Dashboard are referred to as “your Contributions”. If you are a Client, Advisor or Member, then your Contributions include your Content (see Section 6). It is your responsibility and obligation to ensure that all of your Contributions are in conformance with any applicable Instructions and Guidelines of CRED3 and all applicable Laws. By submitting, placing or posting any of your Contributions on, to or for the Website, CRED3, or a Dashboard, you warrant and represent that:
(a) you have all rights in and to your Contributions needed for the use, submission, placing, and posting of your Contributions in connection with or for the purposes of the Website, CRED3 System, Services or Dashboard, and such rights also extend to CRED3 for its protection and benefit.
(b) you will pay all license fees, royalties, clearance fees, taxes, and other financial obligations of any kind arising from any use, submission, placement or posting of your Contributions if there ever are any; and
(c) your Contributions and postings and use of them are not defamatory and do not infringe, misappropriate or violate the intellectual property rights, privacy, rights to publicity, or any other legal, equitable or moral rights of any other person or entity.
9. Prohibited Contributions
Your Contributions must not be or include or be accompanied by (or reasonably appear to CRED3 to be, include or accompanied by):
(a) untrue, misleading, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive to another person's privacy or protected data, hateful, or racially or otherwise objectionable;
(b) an infringement, misappropriation or violation of a third party's intellectual property or other rights, including any patent, trademark, trade secret, copyright, or right of publicity, including anything that is the subject of any claim of infringement, misappropriation or violation;
(c) anything subject to any Law or contractual or fiduciary relationship, such as proprietary and confidential information, that you are not allowed to make public or submit to CRED3;
(d) any unsolicited, undisclosed or unauthorized advertising;
(e) viruses, worms, Trojan horses, spyware, adware, snoopware or any other malware, computer code or files designed or intended to interrupt, destroy, limit the functionality of, or cause any harm, malfunction or error in or to any computer software, database, hardware or telecommunications equipment or to otherwise commit mischief, harm or a crime;
(f) data or information obtained through access that was not authorized by the owner, or that you are not authorized to submit, place or post; or
(g) in violation of any applicable local, state, federal, national, foreign or international Law (including, without limitation, export Laws and regulations) or any order of a court or government agency.
10. Monitoring and Allowance of Your Contributions.
CRED3 is under no obligation to edit, control, restrict or monitor your Contributions in any way. Your Contributions must be in accordance with the applicable Instructions and Guidelines as well as the Terms and are subject to allowance by CRED3. Allowance of your Contributions or any other Contributions does not imply any endorsement, sponsorship, affiliation, or certification by or with CRED3, or that CRED3 has conducted any due diligence or investigation, or makes any warranty, representation or guarantee concerning your Contributions. CRED3 reserves the right to remove any of your Contributions at any time from the Website, CRED3 System or any DASHBOARDS for any or no reason, at CRED3’s sole discretion, with or without notice. CRED3 is not a publisher of your Contributions, i.e., CRED3 is merely a distributor thereof.
11. Prohibited Conduct
Subject to applicable Law, you must not do, or attempt to do, any of the following:
(a) access or use the Website, CRED3 System, or Services in any way that violates, infringes, misappropriates, or breaches any applicable local, state, federal, national, foreign or international Law (including, without limitation, export Laws and regulations), any order of any court or government agency, contracts, or intellectual property rights, or that constitutes the commission of a tort;
(b) access, tamper with, or use services or areas of the Website, CRED3 System, or Services that you are not authorized to access or use;
(c) use any bot, spider, scraper, web crawler or other automated or manual means or interface not provided by CRED3 to access the Website or CRED3 System or to extract data or gather or use information from the Website, CRED3 System or Services in any manner not permitted by CRED3 in writing;
(d) frame any part of the Website or link to the Website, unless and except to the extent expressly permitted in writing by CRED3 (except for linking to the homepage as permitted in Section 20(b) below);
(e) impersonate or misrepresent your affiliation with CRED3 or any User or other person;
(f) reverse engineer any of the Website, CRED3 System or Services or do anything that might bypass or circumvent measures employed by CRED3 to prevent or limit access to any area, content or code of the Website, CRED3 System or Services;
(g) transmit to CRED3, the Website, CRED3 System, or Services (or anything or anyone else), or otherwise infect or harm any of the foregoing with, any harmful, illegal, deceptive or disruptive code, file or means such as any virus, worm, Trojan horse, spyware, adware, snoopware or other malware, code or file that could harm or be objectionable to CRED3 or any recipient (any and all of which are considered or referred to as “Malware” in the Terms);
(h) use the Website, CRED3 System or Services to generate unsolicited email advertisements or “spam” directed to Users or others;
(i) take any action which might impose a significant burden (as reasonably determined by CRED3) on the Website’s, CRED3 System or Services’ infrastructure, connectivity, bandwidth, or computer systems or resources, or otherwise interfere with the ordinary operation of the Website, CRED3 System or Services; or
(j) use the Website or any of the Services to compete against CRED3 or to communicate to other Users anything derogatory about CRED3 or its managers, owners, employees or representatives.
12. Responsibility for Your Contributions
You (not CRED3) are solely responsible and liable for your Contributions. You agree to indemnify CRED3 and its officers, owners, employees and representatives against and to hold them harmless from: (a) any claims by any other User or person where such claims relate to or arise because of any of your Contributions or use of the Website, CRED3 System or Services, or any breach by you of the Terms or any other agreement you may have with CRED3, or any failure by you to follow the applicable Instructions and guidelines, and (b) any damages, losses, expenses, attorneys’ fees, costs of defense, settlements, and other costs arising from or attributable to any such claims.
13. Good Samaritan Exemption
CRED3 will be entitled to the protections and benefits of 47 U.S.C. A. Section 230. CRED3 will have no liability for any action voluntarily taken by CRED3 or on its behalf in good faith to restrict access to or the availability of material (including any of your Contributions) that CRED3 subjectively considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. CRED3 is not a publisher of any Content or other Contributions, i.e., CRED3 is merely a distributor thereof.
14. Your Responsibility for Internet Access, Software, Equipment and Resources
You are responsible for lawfully obtaining, using and maintaining all necessary resources (including Internet access, software, and equipment) needed by you for access to and use of the Website, CRED3 System and Services and for the costs thereof. The resources needed by you may need to be upgraded, replaced or changed from time to time by you at your cost to keep current with the Website, CRED3 System, Services or technology or for other reasons.
15. Changes to Services and Website
CRED3 has the right at any time to change or discontinue any of the Website, CRED3 System or Services or any feature, functionality, performance, connectivity, means of transmission, hours of availability, or other aspect of them.
16. Intellectual Property
(b) Ownership of Your Contributions or Your Content. You agree to assign, and hereby assign, to CRED3, ownership of the Content, Contributions, data and information that you submit to CRED3, the Website, CRED3 System or any Cube and any intellectual property you may have in any such Content, Contributions, data and information.
(d) Recommendations. If you submit or disclose any ideas, suggestions, inventions, improvements or recommendations to CRED3 for the Website, CRED3 System, or Services (collectively, such ideas, suggestions, inventions, improvements, and recommendations are referred to as “Recommendations”): (a) you represent and warrant that your Recommendations do not include confidential information of yours or any third party and do not infringe or misappropriate any intellectual property or violate any rights or of any third party, and (b) you agree that CRED3 may, if and to the extent that it decides to do so, use and disclose your Recommendations and authorize others to do so, and (c) you agree that CRED3 has no obligation to pay or reimburse you for your Recommendations or any use of your Recommendations by CRED3 or its designees. All Recommendations and the intellectual property rights in or to Recommendations are owned by CRED3 (and you agree to assign, and hereby assign, the same to CRED3) with the right to grant licenses to others and the right to assign or transfer such Recommendations and intellectual property to others. There is no obligation to account to you or to pay you any fees, royalties or other amounts for this assignment. You are not obligated to submit or disclose any Recommendations to CRED3. If you desire to do so, you may submit Recommendations to the following email address: customercare@CRED3.com. CRED3 has no obligation to respond to your submission or to use any Recommendations.
(e) Intellectual Property of Others. The Website, CRED3 System and/or Services may include or use subject matter in or to which third parties have copyrights, trademarks, patent rights, or other forms of intellectual property. You have no license or right to infringe or misappropriate any such copyrights, trademarks, patent rights or other intellectual property. CRED3 have no obligation to mark or identify or give notice with respect to any such subject matter or any such copyrights, trademarks, patent rights or other intellectual property.
17. Violations by Other Users - Complaints. If you believe that another User is violating any of the Terms or infringing, misappropriating or violating any of your intellectual property or other rights, you may submit a complaint to CRED3 by email to the following address: customercare@CRED3.com with as much relevant detail as possible and your name and contact information and the name and contact information of the User about whom you are complaining. [Note: If your complaint is a case of copyright infringement, please go to the DMCA Statement and proceed in the manner described there.] If you make a complaint under this Section or under the DMCA Statement, you are representing to CRED3 that the complaint is truthful, based on reasonable due diligence, submitted in good faith, and not misleading. If CRED3 decides to investigate your complaint, you must cooperate with all reasonable requests of CRED3 and provide all information and assistance reasonably requested by CRED3. You will indemnify CRED3 and its managers, owners, employees and representatives against, and hold them harmless from, any claim that may be asserted against any of them as a result of your failure to comply with the immediately preceding sentence, and any damages, losses, costs, costs of defense, attorneys’ fees and other losses attributable to such claim. CRED3 will have no liability to you for any response or failure to respond to your complaint that is made in good faith or due to uncertainty. CRED3 will have no liability to you for any User or any User’s violation of the Terms or any User’s infringement, misappropriation or violation of your intellectual property or other rights or for their Representations, Content or other Contributions. The opinions, comments, information, promises, statements, Content and other Contributions of a User that are posted or placed on the Website or a Dashboard or used in the CRED3 System or Services are those of the User, not CRED3, and CRED3 has no responsibility or liability with respect to them.
18. CRED3’s Right to Correct Errors. The Website, CRED3 System, Services, and DASHBOARDS may contain errors and inaccuracies and may be corrected by CRED3. Unless such errors or inaccuracies are made intentionally and with bad faith, CRED3 may correct them retroactively.
19. Support. If you are a Client, Client Representative, Reference or Prospect, support may be available to you in accordance with the applicable Instructions and Guidelines on the Website relating to support, but CRED3 may change, discontinue or refuse support to you for any or no reason in CRED3’s sole discretion. If you are a Client, Client Representative, Reference, or Prospect support may be available to you as described in the Client Agreement, Reference Agreement or Prospect Agreement.
20. No Trespassing; Permissible Linking.
(a) Trespassing. Trespassing and other forms of unauthorized access to this Website are not permitted by CRED3. Prohibited conduct under any of Sections 11(a), (b), (c), (d), (f), (g), (h), (i) and (j) above is also considered trespassing on this Website.
(b) Permissible Linking. You may link to the homepage of this Website, but you agree: (i) to notify CRED3 of the link, (ii) that neither you nor the link will portray CRED3, the Website, CRED3 System or any of the Services in a false or disparaging manner or state or imply any sponsorship, endorsement or affiliation by or with CRED3 or the Website, CRED3 System or Services, and (iii) to permanently remove the link if requested to do so by CRED3. You agree not to “frame” or link to any other pages or portion of this Website and to refrain from any “deep linking” or “inline linking” to this Website.
22. Termination and Suspension
(b) Notice of Termination or Suspension. If applicable Law requires CRED3 to provide notice of termination or suspension, CRED3 may give prior or subsequent notice by posting it on the Website or by sending a communication to any address (email or otherwise) that CRED3 may have for you in its records.
(c) Effect of Termination or Suspension. Upon termination of any registration or account that you may have with CRED3 or your right to access or use the Website, CRED3 System or Services: (1) you must cease all further access to and use of the Website, CRED3 System and Services, and (2) CRED3 will have no further obligation or liability to you under any of the Terms or any other agreement with you. If any such registration or account is suspended, then until the suspension is ended by CRED3, you must not access or use any of the Website, CRED3 System or Services. If any such registration or account or access to the Website, CRED3 System or Services is terminated, you may no longer have access to your Content or other Contributions that you submitted, placed or posted on, to or for the Website, CRED3 System, Services or Dashboards.
(d) Termination for Infringement of Copyrights - Policy. With respect to copyright infringement, it is the policy of CRED3 to terminate, where circumstances are appropriate, any accounts of repeat infringers and any access to and use of this Website or Service by repeat infringers. CRED3 reserves the right to terminate for a first time infringement of any copyright.
CRED3 MAKES NO REPRESENTATIONS, WARRANTIES OR PROMISES THAT THE WEBSITE, CRED3 SYSTEM, SERVICES OR DASHBOARDS OR ACCESS TO THEM WILL BE UNINTERRUPTED, ERROR-FREE, MALWARE-FREE, SECURE, OR TIMELY. CRED3 MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY REPRESENTATIONS, CONTENT OR OTHER CONTRIBUTIONS OF CLIENTS, REFERENCES, PROSPECTS, OR OTHER USERS OR ANY WEBSITES OF OTHERS LINKED TO THIS WEBSITE. CRED3 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF ANY REPRESENTATIONS, CONTENT OR OTHER CONTRIBUTIONS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OR RELIANCE ON THE WEBSITE, CRED3 SYSTEMS, SERVICES OR DASHBOARDS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, CRED3 SYSTEM, SERVICES, OR DASHBOARDS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, HARMFUL CODE OR OTHER MALWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, CRED3 SYSTEM, SERVICES OR DASHBOARDS BY ANY OTHER PERSON, OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR OTHER CONTRIBUTIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR OTHER CONTRIBUTION POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, CRED3 SYSTEM, SERVICES OR DASHBOARDS. CRED3 DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OF A CLIENT OR THIRD PARTY, EVEN IF ADVERTISED, OFFERED OR PROMOTED BY A CLIENT OR THIRD PARTY THROUGH THE WEBSITE, CRED3 SYSTEM, SERVICES OR DASHBOARD, OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. CRED3 IS NOT RESPONSIBE FOR THE DELIVERY (OR NON-DELIVERY) OR DEFECT OF ANY PRODUCT OR SERVICE OF A CLIENT OR THIRD PARTY. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
CRED3 HAS NO OBLIGATION TO BACK-UP OR KEEP ANY OF THE CONTENT OR OTHER CONTRIBUTIONS. YOU AGREE TO KEEP BACK-UP COPIES OF YOUR CONTENT AND OTHER CONTRIBUTIONS, IF ANY. IF YOUR USE OF THE WEBSITE, CRED3 SYSTEM, SERVICES OR ANY DASHBOARD RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, CRED3 IS NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES.
24. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER CRED3 NOR ANY OF ITS MANAGERS, OWNERS, EMPLOYEES, LICENSORS, CONTRACTORS OR REPRESENTATIVES WILL BE LIABLE TO YOU OR ANY OTHER PERSON FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, STATUTORY, COVER, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU EXCEED, IN TOTAL, $100 IF YOU ARE NOT A CLIENT OR THE AMOUNT PAID BY YOU TO CRED3 IN CONNECTION WITH YOUR REGISTRATION AS A CLIENT IF YOU ARE A CLIENT.
25. Dispute Resolution and Mandatory Arbitration.
(b) Each Party to the arbitration will pay its own costs of arbitration, except that the cost of the arbitrator and other arbitration costs equally applicable to both Parties will be shared equally by the Parties. CRED3 may, at its option, pay or reimburse some or all of your share of such shared costs.
(c) To the fullest extent permitted by applicable Law: The arbitration will not be joined to any other arbitration involving any other person or entity, whether through class arbitration proceedings or otherwise. There is no authority or basis for any dispute or claims to be arbitrated on a class or representative basis. The arbitrator must not join or consolidate any claims of other persons or entities, even if they are similarly situated, with any of the claims of the arbitration under this Section.
(d) The arbitration and its existence and the results and decision of the arbitration will be kept confidential by the Parties, except as necessary to enforce their rights (e.g., the entry of judgment in a court of competent jurisdiction). But CRED3 may make disclosures thereof to any Client, User or other person affected thereby or having an interest in the arbitration or its outcome or as needed for business, legal or regulatory purposes.
(e) In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the Parties irrevocably consent and submit to the personal jurisdiction and venue of the state and federal courts located in the state of Utah consistent with Section 27(e) below.
(f) Notwithstanding any of the foregoing provisions of this Section, either Party may seek preliminary or permanent injunctive relief and/or other equitable relief of a non-monetary nature in any court of competent jurisdiction permitted by Section 27(e), at any time and without delay. But any claim for any monetary relief must be made in an arbitration governed by this Section.
(g) Notwithstanding any of the provisions of this Section, this Section does not apply to or require arbitration of any claim for infringement or misappropriation of intellectual property.
27. Additional Terms
(f) Limitations on Actions. Any action concerning any dispute between you and CRED3 or any claim by you or on your behalf against CRED3 or by CRED3 against you relating to or arising from the Website, CRED3 System, any Services or any Dashboard must be commenced within two years after the cause of action arises, or the cause of action is barred. This limitation and bar do not apply to infringement or misappropriation of intellectual property or to the right to assert any defense.
(i) Force Majeure. CRED3 will not be responsible or liable for any failure or delay to perform any of its obligations or for any breach to the extent that such failure, delay or breach is caused by any event or condition beyond its reasonable control, including, without limitation, any government interference, order, law, regulation, crime, terrorism, war, earthquake, fire, storm, other act of God, equipment or software failure or malfunction, epidemics, quarantines, embargoes, or any disruption, unavailability or loss of power, other utilities, transportation, supplies, labor, or the Internet or access to the Internet.
(l) Confidentiality. All aspects of the CRED3 System and information relating to it disclosed by CRED3 will be kept confidential by you except for any aspect or information that is publicly known or disclosed to the public through this Website. If you are a Client you may make disclosures to your Client Representatives, References and Prospects as reasonably necessary to use the CRED3 System and Services as permitted by the Terms. If you are a Client Representative you may make disclosures to the Client, Client Representatives, References and Prospects as reasonably necessary for use of the CRED3 System and Services as permitted by the Terms. If you are a Reference you may make disclosures to the Client, Client Representatives, and Prospects as reasonably necessary to be a Reference for the Client pursuant to the CRED3 System and Services. If you are a Prospect you may make disclosures to the Client, Client Representatives, and References as reasonably necessary to be a Prospect pursuant to the CRED3 System and Services.
If you have a complaint about CRED3, you may contact CRED3 at admin@CRED3.com or by mail to CRED3, LLC at 3290 W Mayflower Ave, Lehi, UT 84043. For complaints about other Users, please see Section 17 above or the DMCA Statement, as applicable.
Residents of California may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting the Division in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210, or by email at firstname.lastname@example.org.
(B) PARENTAL CONTROLS
Although this Website is not intended for children, you should use parental controls to protect your children. Parental controls such as filtering services and software are commercially available to the public and may help you protect children from content that may be harmful to them. Providers of parental control protections can be found at:
(C) SERVICE MARKS
CRED3 is not only the name of our company, but it is also a service mark of CRED3 and you have no right to it. The same applies to all other service marks and trademarks of CRED3 and used on the Website or in connection with the Services, including, but not limited to, the following:
All rights are reserved by CRED3, LLC