Terms of Use

Terms of Use

Revised January 29, 2017

PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE —

By accessing or using in any way this website or the information or services it contains (collectively, the “Website”), you agree to and are bound by the terms of use described in this document (“Terms of Use”). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE, DO NOT USE THE WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between you and Creda Software, Inc. (“CSI”). If you are using the Website on behalf of your employer or other organization, you represent that you are authorized to accept these Terms of Use on your employer’s or organization’s behalf. In these Terms of Use, “You” and “Your” refers to you individually and the employer or organization you represent.

CSI reserves the right, at its sole discretion, to change, modify, update, add or remove portions of the Terms of Use or any referenced or incorporated documents at any time without notice to You. When we do, we will update the “Revised” date at the top of the respective document and post the new document to our web site. Please check these Terms of Use and any referenced or incorporated documents for changes. Your continued use of the Website following the posting of changes will mean You accept those changes.

Use of Materials Limitations

1. All materials contained in the Website are the copyrighted property of CSI or its suppliers. All trademarks, service marks, and trade names are proprietary to CSI or its suppliers. Unless otherwise specified, the Website is for Your personal and non-commercial use, and You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without written permission.

No Unlawful or Prohibited Use

2. As a condition of Your use of the Website, You will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any CSI server, or the network(s) connected to any CSI server, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any CSI server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

By way of example, and not as a limitation, You agree that when using the Website, You will not:

– Transfer or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws or by rights of privacy or publicity, including, by way of example and not as a limitation, copyright or trademark laws, unless You own or control the rights thereto or have received all necessary consents to do the same.
– Use any material or information, including images or photographs, which You obtain through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
– Publish, transfer, distribute or disseminate any profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
– Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy or publicity) of others.
– Transfer or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancelbots, spyware, adware, corrupted files, or any other similar software or programs that may damage or affect the operation of another person’s computer or property in any way that may be adverse or unwanted.
– Use the Software or Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages, whether commercial or otherwise.
– Use any portion of the Software or Services to harvest or otherwise collect information about others, including e-mail addresses or personally identifiable information.
– Use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the Website or other user or usage information or any portion thereof.

Privacy

3. CSI respects your privacy. Please see the CSI Privacy Policy at https://credacash.com/legal/privacy-policy/ for disclosures relating to the collection and use of personally identifiable information.

NO WARRANTIES; LIABILITY DISCLAIMER; EXCLUSIVE REMEDY

4. THIS WEBSITE COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. CSI AND ITS MANAGERS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, ADVISORS, CONTRACTORS, AGENTS, SUBSIDIARIES, AFFILIATES, RESELLERS, DISTRIBUTORS, SUPPLIERS AND/OR SERVICE PROVIDERS (COLLECTIVELY, THE “CSI PARTIES”) MAKE NO WARRANTIES OF ANY KIND. THE CSI PARTIES DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO (1) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, CORRECTNESS OF OPERATION, ACCURACY OR COMPLETENESS OF RESPONSES, WORKMANLIKE EFFORT, CORRESPONDENCE TO DESCRIPTION, LACK OF VIRUSES, LACK OF NEGLIGENCE, TITLE, QUIET ENJOYMENT, QUIET POSSESSION, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE; AND (3) WARRANTIES THAT ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THESE TERMS OF USE.

5. IN NO EVENT SHALL ANY OF THE CSI PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS OF USE, THE WEBSITE, YOUR USE OF THE WEBSITE OR DELAY OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA, PROFITS, PRIVACY, CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR FAILURE TO MEET ANY DUTY INCLUDING DUTIES OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE, EVEN IN THE EVENT OF THE FAULT, TORT, NEGLIGENCE, MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CSI OR ANY OF THE CSI PARTIES, AND EVEN IF CSI OR ANY OF THE CSI PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. YOU ACKNOWLEDGE THAT THE WEBSITE HAS BEEN PROVIDED TO YOU AT NO CHARGE OR AT A MINIMAL CHARGE. THE LACK OF WARRANTIES AND YOUR ASSUMPTION OF THE ENTIRE RISK ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CSI, AND ARE REFLECTED IN THE MINIMAL CHARGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY ASPECT OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE AND REQUEST A REFUND. NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED IN THESE TERMS OF USE AND ALL DIRECT, INDIRECT OR GENERAL DAMAGES WHATSOEVER), THE ENTIRE LIABILITY OF THE CSI PARTIES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE ACCESS AND USE THE WEBSITE, OR US$100, WHICHEVER IS GREATER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS OF USE (INCLUDING WITHOUT LIMITATION PARAGRAPHS 4 THROUGH 7) SHALL BE CONSTRUED AS BROADLY AS POSSIBLE AND SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

7. CSI MAY MAKE CHANGES TO THE WEBSITE, TECHNICAL SPECIFICATIONS, PRODUCT AND SERVICE OFFERINGS AND ANY OTHER INFORMATION, SERVICES AND MATERIALS ON THE WEBSITE, AND MAY DISCONTINUE, DISABLE OR REMOVE ACCESS TO THE WEBSITE IN ITS ENTIRETY OR TO YOU SPECIFICALLY, ANY TIME AND WITHOUT NOTICE, FOR ANY REASON OR FOR NO REASON, IN ITS SOLE DISCRETION.

General

8. Indemnification. You agree to defend, indemnify, and hold harmless CSI and its managers, employees, officers, directors, contractors, agents, subsidiaries, affiliates, resellers, distributors, suppliers and/or service providers from all liabilities, claims, and expenses, including attorney’s fees, from any claim or demand made by any third party due to or that may arise out of Your access and use of the Website, the violation of these Terms of Use by You, or the infringement by You of any intellectual property or other right of any person or entity. CSI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses.

9. Applicable Law. You agree that this Agreement, all claims under this agreement and all claims arising out of or relating to the use or operation of the Offerings are governed by the laws of the State of Delaware, without reference to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

10. Venue. In all disputes arising out of or relating to this Agreement or the use or operation of the Offerings, including requests for injunctive or equitable relief, You hereby irrevocably agree to the exclusive jurisdiction and venue of courts in the State of Delaware in the U.S.A.

11. Arbitration. Any dispute arising out of or relating to this Agreement or the breach thereof shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules in accordance with the United States Arbitration Act, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration shall be conducted within the State of Delaware, or at such other location as may be agreed to by both parties. There shall be one single arbitrator named in accordance with such rules. Unless both You and CSI otherwise agree in writing, any arbitration shall be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. Notwithstanding this arbitration provision, both You and CSI each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

12. LIMITATIONS. YOU AND CSI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION INITIALLY ARISES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Electronic Notices. You consent to CSI providing You any information or notices regarding the Website and/or these Terms of Use in electronic form by posting them to the Website. You agree that electronic notices will be deemed given 24 hours after being posted.

14. Intellectual Property Notices. The Website is Copyright © 2016-2017 Creda Software, Inc., and/or its suppliers. CredaCash is a trademark of Creda Software, Inc. CSI and/or its suppliers may also have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Website. The names of actual companies and products mentioned on the Website may be the trademarks of their respective owners. CSI and its suppliers do not grant You license to use these patents, trademarks, copyrights, or other intellectual property except as expressly provided for in these Terms of Use. Any rights not expressly granted herein are reserved.

15. Submissions. CSI welcomes contributions and feedback. By making a Submission in any form, including without limitation posting, uploading, inputting, sending or disclosing any information, ideas, concepts, techniques, demos, samples, creative works, feedback, data, questions, comments, reviews, critiques, criticisms or suggestions to CSI, its suppliers, service providers or the general public, You agree to grant to CSI, its suppliers and affiliated companies a non-exclusive, perpetual and irrevocable license to use Your Submissions, including without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat Your Submission, to develop, manufacture, and market products incorporating Your Submission, and to sublicense such rights to any supplier or service provider. You agree that any Submission is provided solely for the benefit of CSI, its suppliers, service providers, and users of its software, services and website, and You will not expect, seek or receive any compensation for Your Submission.

16. Entire Agreement. These Terms of Use are the entire agreement between You and CSI relating to the Website and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Website or any other subject matter covered by these Terms of Use. To the extent any other representation except the CSI Software License Agreement conflicts with these Terms of Use, these Terms of Use shall control. This Agreement may be amended, modified or supplemented only in writing.

17. Severability. If any part of these Terms of Use are held void, invalid, unenforceable or illegal, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Assignments. You agree that these these Terms of Use and the rights under these these Terms of Use and all incorporated agreements may be assigned by CSI, in its sole discretion, to a third party at any time.

19. Waiver. CSI’s failure to act with respect to a breach by You or others does not waive its right to act with respect to subsequent or similar breaches. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether express or implied, will constitute a consent to, waiver of, or excuse of any other, different or subsequent breach by either party.

20. Headings. Headings and paragraph numbers are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

21. Reservation of Rights. All rights not expressly granted in these Terms of Use are reserved.