Important Notice: this agreement is subject to binding arbitration and a waiver of class action rights as detailed in section 12 below. Last updated: October 25th, 2017
You consent to receive communications from us electronically and agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. As a result of your registration for the Service, you may also receive certain commercial communications from CROWCUE/RAVECUE. You understand and agree that these communications are part of your registration, and that, to the extent required by law, you may opt out of receiving these communications at any time by either using the unsubscribe functionality or sending an email to email@example.com. Following such an opt-out, we may still communicate with you via email to the extent permitted by applicable law.
This Agreement sets forth the terms of purchase of Services (“Product/Program/Membership/Book/Event”) from ADROOSTER. These Services may include but are not limited to:
- CROWCUE Application
- RAVECUE Application
-WP Help Cue Services
By placing your Order with ADROOSTER, via clicking “accept/purchase/pay now/complete order,” or by using the Services, you agree to be bound by this Agreement. If you do not agree with these terms, you should leave the ADROOSTER website and discontinue use of the Services immediately.
Payment is required before beginning or upgrading the program/product to the unlimited plan, as indicated on your Order form, and may be a one-time fee, or a monthly or other recurring fee, as applicable. Please check the details of your Order form or Order page for the information specific to your program/product. You agree to pay the amount agreed (including any additional fees on the Order form or Order page) and not to cancel this transaction with your bank or credit card company. ADROOSTER is not responsible for any overdraft charges, over limit charges, or NSF fees charged by your bank or credit card company. Fees for Services may be pre-paid or by installment, as indicated on your Order form. Failure to make an installment payment will result in suspension or termination of the Services. ADROOSTER does not guarantee any specific results from use of the Services. ADROOSTER does not make any representations or warranties as to specific outcomes or results.
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we’ve taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, the Company does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Sites is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE ANY OF THE SERVICES IS AT YOUR SOLE RISK. By purchasing the Services, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not necessarily limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation, to name just a few. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly. Any statements outlined on our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
There is absolutely no solicitation (selling or offering) of any kind to other members. You shall not sell any other programs or products or services to any other member (including your own). You shall not ask any other member to join other social networks, groups, or programs. If you are found in breach of these terms you will be removed from the program without refund.
You may cancel your Service by contacting CROWCUE/RAVECUE Support via email at firstname.lastname@example.org, via the in-Service communication (Tawk.to) found inside your CROWCUE/RAVECUE dashboard, or you may cancel your account at any time inside the CROWCUE/RAVECUE application under the "Settings" tab. If you cancel your service in the middle of the plan, your data will not be deleted until the next billing cycle. Once your account is fully cancelled, all of your data may be deleted from CROWCUE/RAVECUE. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you have received a free trial of the Service, or have a forever free account, your account will not be billed if you unless you upgrade or surpass account limits. After your free trial period ends, you upgrade your account, or your account limits are surpassed, your account will be billed a monthly Service charge. The monthly Service charge is subject to change; CROWCUE/RAVECUE will provide advance notice of at least one billing cycle in the event of any change to your monthly Service charge. The annual Service charge is subject to change; CROWCUE/RAVECUE will provide advance notice of at least one month prior to your new billing cycle in the event of any change to your annual Service charge. The CROWCUE/RAVECUE refund policy includes a 72 hour grace period. You can request a refund within 72 hours of being charged to receive a full refund. Absolutely no refunds are issued 72 hours after your billing cycle period. If you have purchased a CROWCUE/RAVECUE promotional offering and elected to pay via payment plan, you agree to complete all payments in your payment plan, unless you close your account and request a refund within the 72 hour grace period. Please contact us at email@example.com with any questions.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CROWCUE/RAVECUE and CROWCUE/RAVECUE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CROWCUE/RAVECUE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CROWCUE/RAVECUE of the site or any association with its operators. Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that CROWCUE/RAVECUE may share such information and data with any third party with whom CROWCUE/RAVECUE has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and customers.
You will be able to connect your CROWCUE/RAVECUE account to third party accounts. By connecting your CROWCUE/RAVECUE account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by CROWCUE/RAVECUE from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the CROWCUE/RAVECUE Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless CROWCUE/RAVECUE, its officers, directors, employees, shareholders, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees and court costs) relating to or arising out of your use of or inability to use the Site or Services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. CROWCUE/RAVECUE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CROWCUE/RAVECUE in asserting any available defenses.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT
Our Customer Support Department is available by email at firstname.lastname@example.org, or via the in-Service communication (Tawk.to) found inside your CROWCUE/RAVECUE dashboard, to address any concerns you may have regarding the Service. Our Customer Service Department is able to resolve most concerns quickly to our customers’ satisfaction. The parties shall use their best efforts through this Customer Service process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating a lawsuit or arbitration.
If the parties do not reach an agreed upon solution within a period of 30 days from the time of informal dispute resolution under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Comprehensive Arbitration Rules & Procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Commercial Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at +1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, CROWCUE/RAVECUE will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, CROWCUE/RAVECUE will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $2,000. The arbitration rules also permit you to recover attorney’s fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. For residents outside the United States, arbitration shall be initiated in Clark County, State of Nevada, United States of America or at any location within the United States if it is within 500 miles of your country of residence, and you and CROWCUE/RAVECUE agree to submit to the personal jurisdiction of any federal or state court in Davis County, Utah, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND CROWCUE/RAVECUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: ADROOSTER, 1448 S Thoroughbred Drive, Kaysville, UT 84037. The notice must be sent within 60 days of October 25, 2017 or 30 days of your first use of the Service, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, CROWCUE/RAVECUE also will not be bound by them.
CROWCUE/RAVECUE will provide 60-days’ notice of any changes to this section. Changes will become effective on the 60th day, and will apply prospectively only to any claims arising after the 60th day. For any dispute not subject to arbitration you and CROWCUE/RAVECUE agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in Davis County, Utah. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and CROWCUE/RAVECUE shall be governed by the laws of the State of Utah without regard to conflict of law provisions
CROWCUE/RAVECUE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Utah and you hereby consent to the exclusive jurisdiction and venue of courts in Utah in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CROWCUE/RAVECUE as a result of this agreement or use of the Site. You agree that CROWCUE/RAVECUE does not promise any user exclusivity in any particular market and expressly reserves the right to provide services to your competitors. CROWCUE's/RAVECUE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CROWCUE's/RAVECUE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by CROWCUE/RAVECUE with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CROWCUE/RAVECUE with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CROWCUE/RAVECUE with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CROWCUE/RAVECUE welcomes your questions or comments regarding the Terms by emailing email@example.com.