Terms of Services

Last Updated: December 3, 2014

Welcome to CrystalCommerce! Our website is located at crystalcommerce.com; however such website is accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads that are operated by us that are made available by us (“Website”). This Website is owned and operated by CrystalCommerce (“Company,” “we” and “us”). In addition to the Content on the Website, the Website provides you with opportunities to submit information to contact us as well as connect to various ecommerce services (“Services”). By using our Website and the Services you are accepting the practices described in these terms of use. If you do not agree to these terms of use, please do not use the Website and exit immediately. We reserve the right to modify or amend these terms of use from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes. Unless we provide you with specific notice, no changes to our terms of use will apply retroactively. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using this Website, you agree to such terms and conditions.

  1. Copyright and Ownership

    All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content“), is owned by Company, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print, and download documents, audio and video found on our Website for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms of Use, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Company or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on these Website.

  2. Trademarks

    All trademarks, service marks and trade names of Company used herein (including but not limited to: the Company name, the Company corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Company or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Company Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Company’s prior written consent. The use of Company Marks on any other website or network computer environment is not allowed. Company prohibits the use of Company Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

  3. Submissions Policy

    Except where Company specifically requests comments or submissions, Company does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by Company’s professional staff seem to others to be similar to their own creative work. Accordingly, Company requests that your comments relate to those services and products offered by Company, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us a submission, you agree not to assert any ownership right of any kind in the submission against Company (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Company a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display the submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such submission including, but not limited to, credit. You release Company (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your submissions, including without limitation all claims for theft of ideas or copyright infringement. Any such submissions are deemed non-confidential and Company shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission.

  4. Accuracy of Information

    We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Website.

  5. Linking to this Website

    Creating or maintaining any link from another website to any page on this Website after we ask you to remove such link is prohibited. Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Website must comply will all applicable laws, rule and regulations.

  6. Third Party Links

    From time to time, this Website may contain links to websites that are not owned, operated or controlled by Company or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

  7. Inappropriate Material

    You are prohibited from transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. Any such unauthorized use of our computer systems is a violation of these Terms of Use and applicable laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone transmitting such materials.

  8. Fees

    You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

  9. Access and Interference

    You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (c) bypass any measures we may use to prevent or restrict access to the Website.

  10. Force Majeure

    Neither Company nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

  11. Representations and Warranties

    You affirm, represent and warrant the following: (a) You are over the age of 18 and have the right and authority to enter into this Agreement, and are fully able and competent to satisfy the terms, conditions and obligations therein; (b) You have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license in Section 3; (c) You have read, understood, agree with, and will abide by the terms of this agreement; (d) your submissions and Company use thereof will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity; and (e) your submissions do not contain: (i) material falsehoods or misrepresentations that could harm Company or any third party; (ii) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (iii) advertisements or solicitations of business; or (iv) impersonations of third parties.

  12. Disclaimers

    Your use of this Website is at your risk. The information, materials, and services provided on or through this Website are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, security or non-infringement of intellectual property. Neither Company, nor any of its affiliates warrant the accuracy or completeness of the information, materials, or services provided on or through this Website. The information, materials, and services provided on or through this Website may be out of date, and neither Company, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials, or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Website. Without limiting the generality of the foregoing, we hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. We make no warranties to those defined as “Consumers” in the Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.No advice or information, whether oral or written, obtained from Company or through Company Website, products and services will create any warranty not expressly made herein.

  13. Limitations of Liability

    Company does not assume any responsibility or liability for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. In no event will Company, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Company shall not be liable for the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In no event shall Company’s total liability to you for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) Twenty-five Dollars (US $25.00) or (b) the value of your purchase on the Website.

  14. Indemnity

    You agree to defend, indemnify and hold Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with: (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; or (e) any claim or damages that arise as a result of any submission that you provide to Company.

  15. Termination

    You or we may suspend or terminate your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that: (a) you breach these Terms of Use; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

  16. General

    Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the state of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms of Use will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated agreements may be automatically assigned by Company in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Sections 3, 11-14, 16, and 17 shall survive any termination or expiration of this Agreement.

  17. Entire Agreement

    These terms and conditions are the entire agreement between the user and Company and supersede any prior understandings or agreements (written or oral).

  18. Additional Assistance

    If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@crystalcommerce.com or by phone at 206-274-7437.

  19. Copyright Notice

    All Site design, graphics, text selections, arrangements, and all software are Copyright © 2014, CrystalCommerce. ALL RIGHTS RESERVED.