These Terms and Conditions May Change
Welcome to Cricket Rack (the “Site”) which offers a service that enables people to create, follow or buy merchandise packages with free premium access to content channels and access text, videos, audio, photos, polls and live broadcasts, direct events, video chats (collectively, “Content”) and related mobile applications and software (collectively with the Site, the “Service”), all in real time. Cricket Rack (together with its parent company and subsidiaries, if any, “TRUDIA LLC.”) is pleased to offer you access to the Service according to the terms and conditions set forth below. The following terms, including the Guidelines (as defined below), and any future modifications (collectively, these “Terms”) form an agreement between you and Cricket Rack.
PLEASE READ CAREFULLY THE FOLLOWING AGREEMENT. BY ACCESSING, BROWSING, AND/OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN ACCESS TO THE SERVICE IS NOT GRANTED.
Eligibility; Service Access.
COPPA Notice. THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS SUSPENDED OR REMOVED FROM THE SERVICE BY CRICKET RACK. BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE. If you are 13 or older but under the age of 18, you MUST review THESE TERMS with your parent or guardian to make sure that you and your parent or guardian understand it and you must obtain permission from a parent or guardian in order to use this service.
- Authorized Use. Subject to your compliance with these Terms, Cricket Rack grants you permission to use the Service as set forth in these Terms.
- Content Rights. The Content available on or through the Service is intended for personal, non-commercial use. All Content is owned or controlled by the right holders, Cricket Rack and the Cricket Rack licensors, and is protected by copyright and other intellectual property laws. You shall not copy, distribute or publish any Content owned or licensed by Cricket Rack or other users, or any information obtained or derived therefrom, except as permitted on or through the Service, and if permitted you shall not remove, obstruct, distort, or alter the Cricket Rack logo and shall make sure it is fully and clearly visible.
- Account Security. You agree that the information you provide to Cricket Rack on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. When you register, you will be asked to create a password. As you will be responsible for all activities that occur under your Account, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account.
- Use of the Service. Use of the Service requires compatible devices, Internet access (additional third-party fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. You agree that these requirements, which may change from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service. Cricket Rack reserves the right to change Content options (including eligibility for particular features) without notice.
- Cricket Rack Consideration. Cricket Rack shall at best effort provide an optimum level of user experience, including for: processing; data storage; sufficient bandwidth retention; real-time efficiency; and liability insurance. The remainder shall be Cricket Rack’s service fees in consideration for its services to you hereunder (“Cricket Rack Consideration”).
- Processing Companies. Cricket Rack has retained the services of certain third party processing companies, including but not limited to App Store and Stripe, and may retain the services of other third party processing companies to perform payment processing services (together, the “Processing Companies”). Cricket Rack shall use the Processing Companies at Cricket Rack’s choosing and sole discretion. Cricket Rack bears no responsibility for any actions or omissions of third parties, including the Processing Companies, and bears no responsibility for any damage and/or loss and/or expense caused to you and/or third party as a result of and/or in relation to Cricket Rack’s use of the Processing Companies’ services.
- Maintenance of Premium Channels. Cricket Rack commits (i) to operate and maintain the Channels at an appropriate industry standard level, which includes maintenance of sufficient bandwidth, storage, and security as well as customer service and support; (ii) not to make any advertisements on your Channel, and (iii) to timely pay you the Allocated Earnings.
- Reservation of Cricket Rack Rights. In case of violation of any these Terms, Cricket Rack reserves the right at all times (but does not have an obligation) to remove or refuse to distribute any Content on your Channel and to terminate your Channel and reclaim usernames. Cricket Rack also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Cricket Rack, its users, and the public.
- Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Data”). You hereby confirm that any Data you already have provided to Cricket Rack (including, without limitation, in the Cricket Rack process or through prior use of the Service) has been accurate, current, and complete. You further agree to maintain and update your Data as required to keep it accurate, current, and complete.
- Acknowledgement of Ownership. You agree that the Service contains proprietary information and material that is owned by Cricket Rack and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with these Terms. No portion of the Service may be reproduced in any form or by any means.
- All copyrights in and to the Service are owned by Cricket Rack and/or its licensors.
- Cricket Rack, the Cricket Rack logo, the Service and other Cricket Rack trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Cricket Rack in the U.S. and/or other countries. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
- Content Removal. Cricket Rack reserves the right to remove Content alleged to be infringing without prior notice to you and at its sole discretion. In appropriate circumstances, Cricket Rack will also terminate your account if you repeat such infringements. Be aware that Cricket Rack acts in accordance with the Digital Millennium Copyright Act (DMCA) and has designated a copyright agent to receive notifications of claimed infringement from the public (See § 512(c) of the DMCA).
- System Requirements. Use of the Service requires compatible hardware (fees may apply), Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Additional Terms. When using the Service, you will be subject to any additional posted guidelines or rules applicable to specific products, services, or features which may be posted from time to time (collectively, the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
- Modification of these Terms. Cricket Rack reserves the right, at Cricket Rack’s sole discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Service after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective immediately upon their posting on or through the Site. In the event that such modifications materially alter your rights or obligations hereunder, such modified Terms will become effective immediately upon your continued use of the Service.
- Territorial Limitations. Access to the Service from territories where its contents are illegal is prohibited. Those who choose to access the Service do so at their own initiative and are responsible for compliance with all local rules including without limitation rules about the internet, data, email, or privacy.
- Prohibit Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Service in any manner that, in Cricket Rack’s sole discretion, could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, or any part of the Service, other accounts, computer systems, or networks connected to the Service, or any part of them, through hacking, password mining, or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on or through the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree neither to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
- Robot Exclusion Headers. You agree that you will not use any robot, spider, scraper, or other automated means to access the Site or the Service for any purpose without Cricket Rack’s express written permission or bypass Cricket Rack’s robot exclusion headers or other measures Cricket Rack may use to prevent or restrict access to the Service.
By using the Service you undertake, including without limitation, not to:
- Distribute copyrighted material that is not your own or that you do not have the legal right to distribute and otherwise make available to others;
- Harass, threaten, or defraud other Service users;
- Send to other Service users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, defaming, or otherwise inappropriate content;
- Make unsolicited offers, advertisements, proposals, or send junk mail to other users;
- Impersonate another person or access another user’s account without that person’s permission;
- Share Cricket Rack-issued passwords with any third party or encourage any other user to do so;
- Misrepresent the source, identity, or content of information transmitted via the Service;
- Use the Service for any illegal purpose or in any illegal manner; or
- Upload any executable code, scripts, or other data which alters the function, display, or content of computer systems or data of Cricket Rack, its licensors or other users of the Service.
Submissions to the Service.
- User Submissions. The Service may offer interactive features that allow you to submit materials (including links to third-party content) on areas of the Service accessible and viewable by the public. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses. You agree to provide accurate and complete information in connection with your submission of any materials on the Service.
- Ownership Rights. CRICKET RACK USERS OWN THEIR CONTENT. WE DO NOT OWN OR APPLY ANY CLAIM TO YOUR CONTENT. WE DO NOT HAVE THE RIGHT TO SELL OR TRADE YOUR CONTENT. WHAT USERS UPLOAD TO CRICKET RACK IS THEIR OWNERSHIP AND THEY HAVE FULL RIGHTS TO IT. YOU ARE THE SOLE OWNER AND CURATOR OF YOUR MATERIALS. WE WILL NOT SELL, LICENSE, DISTRIBUTE, COPY, MODIFY, DISPLAY, TRANSMIT, PUBLISH, EDIT, ADAPT, CREATE DERIVATIVE WORKS FROM, OR OTHERWISE MAKE UNAUTHORIZED USE OF YOUR MATERIALS.
- Content Removal. Cricket Rack reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability. Cricket Rack has the right, but not the obligation, to monitor any materials submitted by you or otherwise available on the Service, to investigate any reported or apparent violation of these Terms, and to take any action that Cricket Rack in its sole discretion deems appropriate, including, without limitation, termination hereunder.
Objectionable Material. You understand that by visiting or buying premium membership to the Channel you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and Cricket Rack shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Any descriptions, if at all, are solely provided for convenience, and you agree that Cricket Rack does not guarantee their accuracy.
- By Cricket Rack. You agree that Cricket Rack, in its sole discretion and for any or no reason, may terminate these Terms, any account (or any part thereof) you may have with Cricket Rack or your use of the Service and remove and discard all or any part of your account or any content uploaded by you, at any time Cricket Rack may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of these Terms, your access to the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Cricket Rack will not be liable to you or any third party for any such termination except as described in these Terms. Cricket Rack does not permit copyright infringing activities on or through the Service or otherwise and reserves the right to terminate access to the Service and remove all content submitted by any persons who are found to be repeat infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Cricket Rack may have at law or in equity.
- By You. You may terminate your account, these Terms and your right to use the Service at any time and for any reason or no reason, by contacting Cricket Rack user support at firstname.lastname@example.org. If you terminate these Terms or your account, you will remain obligated to pay all outstanding fees and charges, if any, relating to your use of the Service incurred before termination.
- Sections 4.2, 6.4 through 6.7, 6.10, and 18 though 28 will survive any termination of these Terms.
- The Site and the Service are owned and operated by Cricket Rack. The visual interfaces, graphics, design, compilation, systems, methods, information, computer code, products, software, services, and all other elements of the Service provided by Cricket Rack (“Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for content uploaded by users, all Materials contained in the Service are the copyrighted property of Cricket Rack or Cricket Rack’s subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to Cricket Rack or Cricket Rack’s affiliates and/or third-party licensors. Except as expressly authorized by Cricket Rack, you agree not to sell, license, distribute, copy, modify, publicly perform, display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. THE USE OF ANY PART OF THE SERVICE or the Site, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
- Third-Party Sites and Services. The Service may include links to other websites or services (“Linked Sites”) solely as a convenience to users. Cricket Rack does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Cricket Rack makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service are solely between you and such advertiser. YOU AGREE THAT CRICKET RACK WILL 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 SERVICE.
- Except as explicitly stated otherwise, legal notices will be served, with respect to Cricket Rack and, with respect to you, to the email address you provide to Cricket Rack during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Cricket Rack may give you legal notice by mail to the address provided during the registration process, if any. In such case, notice will be deemed given three days after the date of mailing. You may give notice to Cricket Rack to email@example.com.
- User Disagreements. You alone are responsible for your involvement with other users. Cricket Rack reserves the right, but has no obligation, to monitor disagreements between you and other users. If you have a dispute with one or more users, you irrevocably and forever release Cricket Rack (and Cricket Rack’s users, officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Disclaimers; No Warranties.
- UNLESS OTHERWISE EXPRESSLY STATED BY CRICKET RACK, THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CRICKET RACK, THE PROVIDERS, AND CRICKET RACK’S SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY.
- UNLESS OTHERWISE EXPRESSLY STATED BY CRICKET RACK, CRICKET RACK, THE PROVIDERS, AND CRICKET RACK’S SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVICE AND ANY CONTENT, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Indemnification; Hold Harmless. You agree to indemnify and hold harmless Cricket Rack, its affiliated companies, its suppliers and partners, and the users from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Service, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Cricket Rack reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cricket Rack, and you agree to cooperate with such defense of these claims.
- A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
Limitation of Liability and Damages.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CRICKET RACK, THE PROVIDERS, OR CRICKET RACK’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO THE USE OF THE SITE OR THE SERVICE, INCLUDING THOSE THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS ON THE SERVICE, OR ANY OTHER INTERACTIONS WITH CRICKET RACK, EVEN IF CRICKET RACK OR A CRICKET RACK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, CRICKET RACK’S AND THE PROVIDERS’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- IN NO EVENT WILL CRICKET RACK, THE PROVIDERS OR CRICKET RACK’S AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS HAVE ANY LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE OR THE SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE).
Digital Millennium Copyright Act Compliance (DMCA).
If you are a copyright owner or an agent thereof, and you believe that any content hosted on the Service infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Cricket Rack’s Designated Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Service are covered by a single notification, a representative list of such works at the Service;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cricket Rack to locate the material;
- Information reasonably sufficient to permit Cricket Rack to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Cricket Rack’s Designated Copyright Agent to receive notifications of claimed infringement can be reached by email at firstname.lastname@example.org. For the avoidance of doubt, only DMCA notices should go to Cricket Rack’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Cricket Rack customer service through email@example.com. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- Generally, if a dispute arises between you, Cricket Rack, and the users, Cricket Rack’s goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you, Cricket Rack, and the users agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Service in accordance with one of the subsections below or as you and Cricket Rack otherwise agree in writing. Before resorting to these alternatives, Cricket Rack strongly encourages you to first contact us directly to seek a resolution. Cricket Rack will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Cricket Rack and/or the users must be resolved by a court located in New York, NY, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within New York, NY for the purpose of litigating all such claims or disputes.
- Mandatory Arbitration. For any dispute you have with Cricket Rack, you agree to first contact Cricket Rack at firstname.lastname@example.org to attempt to resolve the dispute with Cricket Rack informally. In the unlikely event that Cricket Rack has not been able to resolve a dispute it has with you after attempting to do so informally, Cricket Rack and you each 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 this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), 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 Cricket Rack agree otherwise, the arbitration will be conducted in New York City, New York. 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 shall 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 shall 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 Service. 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 CRICKET RACK IN ITS SOLE DISCRETION AGREES OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CRICKET RACK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- If any provision of these Terms shall be invalid, unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Cricket Rack without restriction.
- The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. These Terms, together with any other provisions incorporated hereunder by reference, as they may change from time to time in accordance with the terms herein, are the entire agreement between you and Cricket Rack and the users relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Cricket Rack as set forth in Sections 12 and 13 above. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
- YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
- The Services hereunder are offered by Cricket Rack, email: email@example.com.
- Cricket Rack reserves the right to take steps Cricket Rack believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms. You agree that Cricket Rack has the right, without liability to you, to disclose any registration data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Cricket Rack believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Cricket Rack’s right to cooperate with any legal process relating to your use of the Site and/or Service and/or other products, and/or a third-party claim that your use of the Service and/or other products is unlawful and/or infringes such third party’s rights).
- Electronic Submissions. Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Last Updated August 2018