Effective Date: [4/3/2017]
I. Introduction and Eligibility
Binding Agreement. These Terms constitute a binding agreement between you and Armored Info, LLC d/b/a CR8 and its affiliates and subsidiaries (“Armored Info,” “CR8,” “we,” “us”). “You” and “users” shall mean all visitors to the Site. You accept these Terms each time you access the Site. If you do not accept these Terms, you must not use the Site. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms, because you are bound by them. Your continued use of the Site after a change to these Terms constitutes your binding acceptance of these Terms.
II. The Site
The “ Site” means any website (including cr8content.com), mobile application, or Internet service under Armored Info’s control, whether partial or otherwise, in connection with providing the services provided by Armored Info.
III. Eligibility to Use the Site
Children. No part of the Site is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SITE AT ANY TIME OR IN ANY MANNER.
Agent of a Company, Entity, or Organization. If you are using the Site on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms; and
3. agree to be bound by these Terms on behalf of that Organization.
IV. Armored Info’s Content Ownership and Use
The contents of the Site include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Armored Info content (collectively, “ Armored Info Content”). All Armored Info Content and the compilation (meaning the collection, arrangement, and assembly) of all Armored Info Content are the property of Armored Info or its licensors and are protected under copyright, trademark, and other laws.
License to You. We authorize you, subject to these Terms, to access and use the Site and the Armored Info Content solely for your personal use of the Site or to consider entering into a commercial relationship with Armored Info. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Armored Info Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Armored Info Content on any copy you make of the Armored Info Content.
Armored Info Marks. Fileprint, Safetrace, CR8, Armored Info, the CR8 logo and the Armored Info logo, and other Armored Info logos and product and service names are or may be trademarks of Armored Info (the “Armored Info Marks”). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the Armored Info Marks.
The Site contains content from other Armored Info licensors. Except as provided within these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
V. Suggestions and Submissions
We appreciate hearing from our users and welcome your comments regarding the Site. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“ creative ideas”), we shall:
1. own, exclusively, all now known or later discovered rights to the creative ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
3. be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VI. Content Disclaimers, Limitations, and Prohibitions
You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Site you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
You agree to use the Site only for its intended purpose. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Site are prohibited. You may not:
1. attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
2. frame or link to the Site without permission;
3. use data mining, robots, or other data gathering devices on or through the Site;
4. use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise results in fines, penalties, and other liability to Armored Info or others; or
5. access the Site from a jurisdiction where it is illegal or unauthorized.
VII. Consequences of Violating These Terms
We reserve the right to prevent access to the Site for any reason, at our discretion. We reserve the right to refuse to provide the Site to you in the future.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Site.
VIII. Armored Info’s Liability
Changes to the Site. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
Content Accuracy. We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Site. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Site. Use the Site at your own risk.
Third-Party Websites. The Site may include links to third party websites and applications. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Released Parties Defined. “Released Parties” include Armored Info and its affiliates, officers, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE THAT: (A) YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SITE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
YOU EXPRESSLY ACKNOWLEDGE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU (TO THE FULLEST EXTENT PERMITTED BY LAW) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARMORED INFO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (iii) ANY OTHER MATTER RELATING TO THE SITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF ARMORED INFO CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Armored Info Content, or (iii) your breach of these Terms. We will provide notice to you promptly of any such claim, suit, or proceeding.
IX. General Terms
These Terms constitute the entire agreement between you and Armored Info concerning your use of the Site. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect. If you or your Organization execute an agreement with Armored Info, the terms of that agreement govern to the extent of any conflict between the terms of that agreement and these Terms.
X. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements
Respect of Third Party Rights. Armored Info respects the intellectual property of others and takes the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the use of the Site.
Repeat Infringer Policy. Armored Info’s intellectual property policy is to (i) remove or disable access to material that Armored Info believes in good faith, upon notice from an intellectual property owner or his or her agent, is infringing the intellectual property of a third party by being made available through the use of the Site; and (ii) remove any content posted on the Site by “repeat infringers.” Armored Info currently considers a “repeat infringer” to be any user that has posted user content or feedback on or to the Site and for whom Armored Info has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512 with respect to such user content or feedback.
Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the use of the Site has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your Notification of Claimed Infringement may be shared by Armored Info with the user alleged to have infringed a right you own or control, and you hereby consent to Armored Info making such disclosure. Your communication must include substantially the following:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
2. identification of works or materials being infringed, or, if multiple works are covered by a single Notification of Claimed Infringement, then a representative list of such works;
3. identification of the specific 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 Armored Info to locate the material;
4. information reasonably sufficient to permit Armored Info to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the Notification of Claimed Infringement is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Designated Agent Contact Information. Armored Info’s designated agent for receipt of Notifications of Claimed Infringement (the “Designated Agent”) can be contacted at:
Via E-mail: [email@example.com]
Via U.S. Mail:
Armored Info LLC,
150 Trumbull Street
Hartford CT 06103
False Notifications. The Copyright Act (17 U.S.C. § 512(f)) provides that:
[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] that material or activity is infringing, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Armored Info] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Armored Info reserves the right to seek damages from any party that submits a Notification of Claimed Infringement in violation of the law.
XI. Governing Law
Governing Law. These Terms (including this Section), any dispute, claim, or controversy between you and Armored Info arising out of or relating to these Terms or your use of the Site, whether in contract, tort, or otherwise (each, a “Disputed Matter”), and your or Armored Info’s rights, remedies, and obligations under these Terms, are to be construed in accordance with and governed by the laws of the State of Connecticut applicable to agreements made and to be wholly performed in that state by persons or entities residing or having their principal places of business therein, without giving effect to the State of Connecticut’s conflict of laws rules to the extent those rules would require applying another jurisdiction’s laws. You or Armored Info may commence an action, suit or proceeding arising out of or relating to these Terms or the use of the Site only in, and hereby consent to the exclusive jurisdiction of, the federal and state courts located in the City of Hartford within the State of Connecticut.
Armored Info, LLC
150 Trumbull Street
Hartford, CT 06103