This Terms and Conditions Agreement (hereinafter "Agreement") is a binding agreement between you (hereinafter "End User" or "you" or Customer) and Cruze4Cash (hereinafter "Company" or “We”). This Agreement governs your use of the Cruze4Cash application, (including all related documentation), (hereinafter the "Application" or “App”). The Application is licensed, not sold, to you.
BY CLICKING THE "AGREE" BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE [18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
Subject to the terms of this Agreement, Company grants you a limited, nonexclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you ("Mobile Device") strictly in accordance with the Application's documentation.
Licensee shall not:
(a)copy the Application, except as expressly permitted by this license;
(b)modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c)reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d)remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f)remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application; or
(g)use the Application in, or in association with, the design, construction, maintenance, or operation of any hazardous environments or systems, including any power generation systems; aircraft navigation or communication systems, air traffic control systems, or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire, or other safety response systems; and military or aerospace applications, weapons systems, or environments.
(h)use the Application while operating a motor vehicle, in accordance with all local and federal laws.
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Company may, directly or indirectly, and by use of a Company Disabling Device or any other lawful means, suspend, terminate, or otherwise deny Customer's access to or use of all or any part of the Services or Materials, without incurring any resulting obligation or liability, if: (a) Company receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires Company to do so; or (b) Company believes, in its good faith and reasonable discretion, that: (i) Customer or any user has failed to comply with any term of this Agreement, or accessed or used the Services beyond the scope of the rights granted or for a purpose not authorized under this Agreement or in any manner that does not comply with any instruction or requirement of the Specifications; (ii) Customer or any user is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with any of the Services; or (iii) this Agreement expires or is terminated. This clause does not limit any of Company's other rights or remedies, whether at law, in equity, or under this Agreement.
The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a)the Application will automatically download and install all available Updates; or
(b)you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
The Term of this agreement is based on the subscription plan that you select at signup for the Application as outlined below:
a. Month to Month term – the month to month term shall commence upon the date of sign up for the Application through 30 days following sign up date. On the 31st day another monthly term shall automatically commence. See Example below.
b. Annual term – the annual term shall commence upon the date of sign up for the Application through 365 days following sign up date. On the 366th day another annual term shall automatically commence.
Payment. If we are unable to process payments for your subscription account, the account will be locked until payment is updated.
Termination. In order to avoid automatic renewal of your subscription, you must cancel your subscription one day before the renewal date.
Example of Payment and Termination: If You subscribe to a package on July 1st. The monthly subscription will run through July 31st. You have until July 31st to cancel the renewal. On August 1st, the renewal will take effect. Whatever day You sign up on the renewal period will be the corresponding day in the following month. If that proceeding month does not have that date the preceding date will be the final day for that monthly term. For example, You sign up on January 25th your end date will be February 25th. However if you sign up on January 29th, the end date will be February 28th (assuming it is not a leap year in which case it would be February 29th). The renewal will revert to the original date if the subsequent month has that date. For example, You sign up on January 29th, the end date will be February 28th(assuming it is not a leap year in which case it would be February 29th) for that month. In March the date will revert back to March 29th, since March has a 29th day. If there are any outstanding balances you will be subject to payment of those charges and all other terms and conditions in this agreement shall still be applicable to you. Upon termination after your current term period has ended: (i)all rights granted to you under this Agreement will also terminate; and (ii)you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account. Termination will not limit any of Company's rights or remedies at law or in equity.
The term price and duration is subject to change from time to time at the discretion of Company. Company will provide thirty (30) days notice before the term renewal of changes to the price of the subscription term.
If you cancel your subscription at any point within the term, the day you cancel your subscription you will lose the ability to access certain aspects of the Application, including but not limited to: the ability to send postcards, letters or other correspondence or materials to addresses searched for on the Application. You will also be unable to incur new charges on the Application.
Refund. UPON CANCELLATION OF YOUR SUBSCRIPTION THERE WILL BE NO REFUND FOR THE UNUSED PORTION OF THE TERM. YOUR ACCOUNT WILL REMAIN ACTIVE IN OUR SYSTEM IN WHICH YOU WILL BE ABLE TO REACTIVATE YOUR ACCOUNT. ANY UNUSED CREDITS (SEE SECTION 21) WILL BE AVAILABLE FOR 60 DAYS. ONCE THE SIXTY DAY PERIOD HAS ENDED ALL INFORMATION IN YOUR ACCOUNT WILL CONTINUE TO BE HOUSED ON OUR SERVERS AND ANY REMAINING CREDITS WILL BE FORFEITED AND PERMANENTLY LOST.
THE APPLICATION IS PROVIDED TO LICENSEE "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR
RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a)PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b)DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming in each case located in Teton County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
The parties shall resolve any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination or invalidity hereof (each, a “Dispute”), under the provisions of this section.
1. Negotiations. A party shall send written notice to the other party of any Dispute (“Dispute Notice”). The parties shall first attempt in good faith to resolve any Dispute set forth in the Dispute Notice by negotiation and consultation between themselves, including not fewer than two (2) negotiation sessions. In the event that such Dispute is not resolved on an informal basis within forty-five (45) Business Days after one party delivers the Dispute Notice to the other party, whether the negotiation sessions take place or not, either party may, by written notice to the other party or If the parties cannot resolve the dispute, either party may initiate mediation under Section 2.
2. Mediation. a. Subject to Section 1, the parties may, at any time after the Negotiation period, submit the Dispute to any mutually agreed to mediation service for mediation by providing to the mediation service a joint, written request for mediation, setting forth the subject of the dispute and the relief requested. The parties shall cooperate with one another in selecting a mediation service, and shall cooperate with the mediation service and with one another in selecting a neutral mediator and in scheduling the mediation proceedings. The parties covenant that they will use commercially reasonable efforts in participating in the mediation. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. b. The parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation
3. Litigation or Arbitration as a Final Resort. If the parties cannot resolve any Dispute for any reason, including, but not limited to, the failure of either party to agree to enter into mediation or agree to any settlement proposed by the mediator, within 45 Business Days after the Escalation to Mediation Date, either party may commence binding arbitration. The arbitration will be administered by the American Arbitration Association under the provisions of Clause 16 of this Agreement.
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Application. Your continued use of the Application following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Concurrent Usage. You may log-on with either one desktop and one mobile device per log-on credential. Two mobile devices with the same sign on will force the first in time User to be logged off.
User Responsibilities. You are responsible for all members and birddogs on your team and their usage of App. You are responsible for all permissions that you set on your account. You agree to indemnify us for actions taken by individuals who may have your login information and any malicious activity they may undertake.
Types of Users. You are permitted to have the following Users on your account: Manager, Team Member, and Bird Dog.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS APP, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
This clause applies to the purchase and sale of credits, products, and services through the Application. These Terms are subject to change by Company without prior written notice at any time, in Company’s sole discretion. The latest version of this clause will be posted on this App, and you should review this Clause before purchasing any product or services that are available through this App. Your continued use of this App after a posted change in this Clause will constitute your acceptance of and agreement to such changes.
Credit Based System. All prices posted on this App are subject to change without notice. We sell credits in various increments that may be purchased on the App. These credits can then be used to order products and services on the App. These credits are pre-paid, and all sales of credits are final. (See Section 9) So long as you are subscribed to the App your credits will be maintained. UPON CANCELLATION OF YOUR SUBSCRIPTION, YOUR ACCOUNT WILL REMAIN ACTIVE IN OUR SYSTEM IN WHICH YOU WILL BE ABLE TO REACTIVATE YOUR ACCOUNT. ANY UNUSED CREDITS (SEE SECTION 21) WILL BE AVAILABLE FOR SIXTY (60) DAYS. ONCE THE SIXTY (60) DAY PERIOD HAS ENDED ALL USER INFORMATION WILL CONTINUE TO BE STORED ON OUR SERVERS HOWEVER ANY REMAINING CREDITS WILL BE FORFEITED AND PERMANENTLY LOST.
At any time while you are an active subscriber you can purchase more credits. You may also have the option to automatically renew your credits by selecting the auto refill option in the Marketing Plan Section on the Dashboard. With auto renew enabled when your account reaches zero your account will be charged in the amount in which you selected for your marketing plan. All mailers will continue to send as normal. If you have not selected auto renew in the event that you have future mailers and you no longer have credits, those future mailers will not be sent. Once you purchase more credits, you will also need to manually update any recurring mailers that you previously initiated. Here are two examples:
Example 1. You have selected manual refill of credits and elected to send mail with a sequence of forever for every 5 days. On Day 1 the system deducts the necessary credits to send the mailers. On Day 6 the system deducts the necessary credits to send the mailers. On Day 11 the system attempts to deduct the necessary credits to send the mailers but there are insufficient credits. The mailers will not send and five day sequence you created will stop. You add credits to your account. You will need to go back to the property and select send mail for the sequence start again.
Example 2. You have selected automatic renewal refill of credits and elected to send mail with a sequence of forever selected for every 5 days. On Day 1 the system deducts the necessary credits to send the mailers. On Day 6 the system deducts the necessary credits to send the mailers. On Day 11 the system attempts to deduct the necessary credits to send the mailers but there are insufficient credits. Due to the automatic renewal being turned on the system will charge Your Account and continue to send mailers. Your sequences will not cancel if auto refill is selected.
Order Acceptance and Cancellation. You agree that your order of credits creates a binding agreement and that your order may not be cancelled.
Shipments; Delivery; Title and Risk of Loss.
(a)We will arrange for shipment of the products as specified by you to our mailing vendor. The credits you have purchased will be used to pay all shipping, handling, postage, processing and material costs associated with your order.
(b)Title and risk of loss pass to you upon our transfer of your order to our mailing vendor. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
(c)Typically, mailers are sent within 24-48 hours. We are not liable for any mail being delivered to the wrong address or returned to You. You acknowledge that you are aware and understand that this may occur.
Returns and Refunds. Once an order is placed there will be no refund of credits issued.
Nothing herein shall be construed to create a joint venture or partnership between Company and You or an employee/employer or agency relationship.
– Company may assign at its sole discretion its rights in this Agreement.
Any waiver by Company of a breach, default, delay or omission of any of the provisions of this Agreement by You will not be considered as a waiver of any subsequent breach of the same or other provisions.