Cruzio Terms of Use

1. Acceptance of Terms

Cruzio provides a wide range of products and resources, including various communication tools, classifieds, listing, forums, email, hosting and connectivity services (the “Service”).

THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CRUZIO IN RELATION TO YOUR USE OF THE SERVICE. IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY. COLLECTIVELY, THIS LEGAL AGREEMENT IS REFERRED TO BELOW AS THE “TERMS OF USE” (TOU).

FOR THE PURPOSES OF THIS AGREEMENT, CRUZIO INCLUDES ITS PARTNERS, PARENTS, LICENSORS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, AND SUPPLIERS.

USE OF THE SERVICE, INCLUDING ACCESS TO CRUZIO’S WEBSITE (WWW.CRUZIO.COM), CONSTRUES ACCEPTANCE OF THE TERMS WHICH SUPERSEDE ALL PREVIOUS REPRESENTATIONS, UNDERSTANDINGS, OR AGREEMENTS AND SHALL PREVAIL NOTWITHSTANDING ANY VARIANCE WITH TERMS OF USE OF ANY ORDER. CRUZIO MAY IMMEDIATELY TERMINATE YOUR ACCOUNT FOR VIOLATION OF ANY OF THESE CONDITIONS.

CRUZIO MAY MODIFY OR TERMINATE ITS SERVICES FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT NOTICE OR LIABILITY TO YOU, ANY OTHER USER OR ANY THIRD PARTY. CRUZIO RESERVES THE RIGHT TO REVISE THE TOU AT ANYTIME WITHOUT NOTICE BY UPDATING THIS POSTING. PLEASE REVIEW THE TOU FROM TIME TO TIME SO THAT YOU WILL BE APPRISED OF ANY CHANGES. USE OF THIS SERVICE FOLLOWING A CHANGE TO THE TOU CONSTITUTES AGREEMENT TO THE NEW TOU. IF YOU CANNOT COMPLY WITH THE AMENDED TOU, YOUR ONLY REMEDY IS TO CANCEL YOUR CRUZIO SUBSCRIPTION AND/OR NOT USE THE SERVICES.

You may view the most current version of the TOU at:
http://www.cruzio.com/index.php?option=com_content&task=view&id=626&Itemid=134

2. Registration Obligations

To order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. The Service must be available to your location. DSL customers must maintain AT&T telephone service in continuous working order to maintain the DSL circuit. Any action, or inaction, resulting in AT&T telephone service being disconnected or changed (including changing the name associated with your AT&T service) will result in loss of DSL service.

DSL speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of Cruzio. Some line stabilization may be necessary for service. Stabilization could include the lowering of provisioned line speed.

Cruzio is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a separate login. By adding a login for a child to your account, you also give your child permission to access many areas of the Service, including, email, message boards and instant messaging (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or content are appropriate for your child.

3. Responsibility for content

Cruzio does not control Content made available by users (“User Content”), and does not guarantee the accuracy, integrity, or quality of such User Content. Under no circumstances will Cruzio be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use, uploading, or otherwise making available of any Content posted, emailed or otherwise accessible via the Service. You acknowledge that Cruzio does not pre-screen or approve content, but that Cruzio shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason or for no reason at Cruzio’s sole discretion. You acknowledge and agree that by accessing the Service, you may be exposed to User Content that you find offensive, indecent, or otherwise objectionable. You agree that you bear all risk associated with the uploading or use of any Content, including User Content, and including reliance on the accuracy, usefulness, or completeness of any Content, including User Content.

Although Cruzio does not claim ownership of User Content that its users post, by posting content to any public area of the Service, you automatically grant, represent and warrant that you have the right to grant to Cruzio an irrevocable, perpetual, non-exclusive, royalty-free, worldwide, transferable, assignable license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sub-licenses of the foregoing under any or all of the preceding rights and conditions through any number of tiers. Furthermore, by posting User Content to any public area of the Service, you automatically grant Cruzio all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the Service by any party for any purpose. Cruzio neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized Cruzio employees acting in their official capacities.

If you desire Cruzio to remove your User Content from the Service and the Service allows such removal, please delete it as specified in the Service. However, we cannot guarantee that all of your User Content will be removed from the Service, nor from other users' devices, nor that other users of the Service will not misuse any User Content that you supply. Cruzio is not responsible for any misuse of your User Content. Please contact Cruzio’s Copyright Agent as described below if you believe that your rights are being infringed.

By posting messages, inputting data, uploading or transmitting other content, or engaging in any other form of communication through the Service, you represent and warrant that: (a) you own or otherwise control all applicable rights to the User Content and the like that you post, upload, transmit or display; (b) the User Content is accurate; (c) the use of the User Content that you supply does not violate third-party rights including without limitation any intellectual property rights, rights of publicity and privacy and will not cause injury to any person or entity; (d) your User Content is not unlawful, abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate or harmful to any person (including any minor) or entity; (e) your User Content contains no viruses, worms, corrupt files, Trojan horses, or other forms of corruptive code, or any other content which may compromise the Service; (f) your User Content does not advocate illegal activity; (g) your User Content does not link to any prohibited content or activity; and (h) you will indemnify and hold harmless Cruzio, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for all claims resulting from User Content that you supply.

In addition to the above, you acknowledge and agree that Cruzio may store and/or disclose, as applicable, any such Content, including User Content, messages or material it is required to do so by law, or has a good faith belief that such storage or disclosure is reasonably necessary to comply with court orders or other legal processes; to enforce this Agreement; to respond to any claims that such Content (or your use of the same), including User Content, violates any third party's rights; or to protect the rights, property or personal safety of Cruzio, its business partners, affiliates, licensors and/or licensees, any other Cruzio subscriber or member, or the general public.

Cruzio may charge a fee to post content in some areas of the Service. The fee is an access fee permitting content to be posted in a designated area. Each party posting content to the Service is responsible for said content and compliance with the TOU. All fees paid will be non-refundable in the event that content is removed from the Service for violating the TOU.

The Cruzio site may contain features and functionalities that link or provide access to third party content which is completely independent of Cruzio, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through Cruzio, including payment and delivery of goods or services, and any other terms, conditions, warranties, representations or personal dealings associated with such dealings, such as the privacy policy and practices, of these other sites, are solely between you and such organizations and/or individuals.

You agree that Cruzio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or your use of or reliance on any content, goods or services available through third party sites. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Cruzio is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Cruzio, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

4. Copyright infringements

•     an electronic or physical signature of the person authorized to act on behalf of the copyright owner;
•     a description of the copyrighted work that you claim has been infringed;
•     a description of where the material that you claim is infringing is located on the site;
•     your address, telephone number, and email address;
•     a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•     a statement by you, made under penalty of perjury, that the above information in your Copyright Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Cruzio.com trademarks and service marks and other Cruzio logos and product and service names are trademarks of Cruzio. Without Cruzio’s prior permission, you agree not to display or use in any manner the Cruzio marks.

5. Privacy Policy

In order to use certain features of the Service, you must register and provide personal information such as your name and contact information (“Personal Information”). Cruzio will use your personal information in accordance with its Privacy Policy. Please review the Privacy Policy before you complete the registration process or attempt to use any part of the Service,
the latest version of which is here:

http://www.cruzio.com/index.php?option=com_smf&Itemid=38&topic=181.0

6. Conduct

• Port scanning
• Use of ‘cracking’ software or techniques
• Dissemination of viruses or malware
• Provocation of attacks on the cruzio.com network or any other network
• Conduct which causes cruzio.com to be blocked by another provider or which causes cruzio.com to be placed on a “block list”
• Flooding cruzio.com or any other network with traffic for the purpose of disrupting service
• Mail bombing

Cruzio may only be used for lawful purposes. Transmission or storage of material in violation of federal, state, or local regulations is prohibited. This includes, but is not limited to, material that is: copyrighted, judged to be threatening, compromises security or privacy, or is protected by trade secret. Cruzio reserves the right to remove or modify, at its discretion, any material in violation of these policies. You agree to comply with the rules and restrictions appropriate to other networks and services connected directly or indirectly to Cruzio. This includes, but is not limited to, the Acceptable Use Policies established for the Internet as a whole which expressly prohibits certain commercial solicitation.

b. Junk Mail

You agree to not send unsolicited advertisements (“junk mail”) through the Internet and not to send email to anyone after they have asked you to stop sending them email (“harassment”).

Email accounts are for personal or business correspondence only. Unsolicited Commercial Email (otherwise known as UCE - or spam) is strictly prohibited and violators will have their accounts terminated immediately. Sending unsolicited email to one or more addresses regardless of how the addresses were obtained may be considered spamming and is grounds for account termination. Use of a cruzio.com address or any address of a domain hosted by cruzio.com as a return address for replies to spam is similarly prohibited.

Cruzio.com may at its discretion employ filtering techniques to block inbound email from known sources of spam and email abuse, and may also filter incoming email for known viruses.

c. Content

Any unauthorized use of the Service is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. §1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code.  Such violations may subject the sender and his or her agents to civil and criminal penalties.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content, including, without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition to the restrictions posted above in Section 3, “Responsibility for Content”, you agree not to post, email, or otherwise make available content:

i.     That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
ii.     That violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
iii.     That violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
iv.     With respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
v.     That constitutes or contains  “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters”, “pyramid schemes,” or unsolicited commercial advertisement;
vi.     That includes links to commercial services or websites, except as allowed in “services”;
vii.     That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California or federal law.
viii.     Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by Cruzio;
ix.     Post non-local or otherwise irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
x.     Use any form of automated device or computer program that enables the submission of postings on cruzio.com without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7. Limitations of Service

You acknowledge that Cruzio may establish limits concerning use of Cruzio Services, including the maximum number of days that content will be retained, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by Cruzio, and the frequency with which you may access Cruzio Services. You agree that Cruzio has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by Cruzio. You acknowledge that Cruzio reserves the right at any time to modify or discontinue Services (or any part thereof) with or without notice, and that Cruzio shall not be liable to you or to any third party for any modification, suspension or discontinuance of Services.

8. Access to Service

You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to:

(a) immediately notify Cruzio of any unauthorized use of your password or account or any other breach of security; (b) not to transfer or re-sell your use of or access to your password, your account, or the Service to any third parties; and (c) ensure that you exit from your account at the end of each session. Cruzio cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

Cruzio grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:

(1) Access to the Service by Posting Agents; or (2) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Cruzio.

A limited exception to (2) is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file.

“General purpose Internet search engine” does not include a website, search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Cruzio permits you to display on your website, or create a hyperlink on your website to individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal Web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds twenty (20) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Cruzio to do so. You may also create a hyperlink to the home page of Cruzio sites so long as the link does not portray Cruzio, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.

Use of the Service beyond the scope of authorized access granted to you by Cruzio immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain express permission from Cruzio.

9. Termination of Service

Failure to adhere to the stated policies may result in termination of the account at the discretion of Cruzio.

You agree that Cruzio, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if Cruzio believes that you have acted inconsistently with the letter or spirit of the TOU. You agree that Cruzio shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

10. Payment Obligations

Payment is due within 15 days of the account anniversary (the date it was officially established) each period. Late fees may apply if payment is not received by the due date. Accounts are in default if payment is not received within 25 days of its due date. Accounts in default may be suspended. Such interruption does not relieve you from paying past due and ongoing charges. Cancel requests must be received by email, US Mail, or fax. Only a written request to terminate your service relieves you of your obligation to pay further account charges. It does not relieve you of past obligations and charges or from any prior agreements to pay, including but not limited to unpaid equipment charges. If you default, you agree to pay Cruzio’s reasonable expenses, including attorney and collection fees, incurred in enforcing its rights under these Conditions. Prepaid accounts are not refundable for any reason if terminated early. Setup fees are not refundable for any reason. Unused services will be refunded in whole months only.

You may return new, unopened hardware and retail items sold within 30 days of delivery for a full refund. Items should be returned in their original packaging.

Refunds will not be issued on:

• items that are returned more than 30 days after delivery.
• any item that has obvious signs of use.
• any item not returned in the condition it was received.

All Cruzio hardware is guaranteed against failure for 12 months. Cruzio will ship a replacement free of charge.

11. Disclaimer of Warranties/Limitation of Liability

YOU AGREE THAT USE OF THE CRUZIO WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK WITH RESPECT TO ANY AND ALL MATTERS CONCERNING THE SERVICE AND YOUR USE OF THE SERVICE. CRUZIO EXERCISES NO CONTROL WHATSOEVER OVER THE CONTENT, INCLUDING USER CONTENT, OF THE INFORMATION PASSING THROUGH ITS SYSTEMS. THE CRUZIO SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO CRUZIO AND/OR THE CRUZIO ENTITIES AS APPLICABLE. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THIS INCLUDES BUT IS NOT LIMITED TO - EQUIPMENT DAMAGE, FAILURE OR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE COMPANY’S NEGLIGENCE OR MISUSE OR ANY OTHER REASON, CIRCUMSTANCE, ACT, OR OMISSION.

TO THE FULLEST EXTENT PERMITTED BY LAW, CRUZIO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE.

TO THE FULLEST EXTENT PERMITTED BY LAW, CRUZIO DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE CRUZIO WEBSITE OR ACCESSED THROUGH ANY LINKS ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, CRUZIO DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE CRUZIO SITE OR THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CRUZIO BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE OF, RELIANCE ON, OR THE INABILITY TO USE, THE SERVICE, OR FROM THE INTERRUPTION, NON-PERFORMANCE, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), EVEN IF CRUZIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ADVICE, INFORMATION, SERVICES OR GOODS RECEIVED THROUGH, OR ADVERTISED ON THE CRUZIO SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE CRUZIO SERVICE.

WITHOUT LIMITING THE FOREGOING, CRUZIO OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DELAY, INTERFERENCE OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OR CONDITIONS BEYOND ITS REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, FIRE OR OTHER CASUALTY OR ACCIDENT, INTERNET FAILURES, TELEPHONE EQUIPMENT FAILURES, ACTS OF GOD, SEVERE WEATHER CONDITIONS, WAR OR OTHER VIOLENCE, OR ANY LAW, ORDER, PROCLAMATION, REGULATION, ORDINANCE, DEMAND OR REQUIREMENT OF ANY GOVERNMENTAL AGENCY.

A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

YOU AGREE TO INDEMNIFY AND HOLD CRUZIO, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, AGENTS, SERVICE PROVIDERS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER CONTENT YOU SUBMIT, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR VIOLATION OF THE TOU, YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

12. General Terms

(a)    Applicable Law – These TOU and your use of the Service will be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You expressly consent that the state or federal courts located in Santa Cruz County, California, shall have exclusive jurisdiction and venue over any dispute arising out of or relating to these TOU or any claim involving Cruzio, and you hereby covenant that you will not bring suit in any other jurisdiction.

(b)    Severability of TOU – If for any reason a court of competent jurisdiction finds any provision or portion of the TOU to be unenforceable, 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 remainder of the Terms will continue in full force and effect.

(c)    Entire Agreement – These TOU, which incorporate by reference the Cruzio Privacy Policy, constitute the entire agreement between the parties with respect to your use of the Service or any part thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the TOU will be effective only if in writing and signed by Cruzio. The headings used in this Agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

(d)    Assignment of Terms – These Terms may not be assigned by any user of Cruzio. These TOU may be assigned by Cruzio, and shall inure to the benefit of Cruzio, its successors and assigns.

(e)    No Right of Survivorship or Transferability – You agree that your Cruzio account, including any optional profiles you may create, is non-transferable and any rights to your account or the contents thereof terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

(f)    Cruzio’s Remedies – You agree that any unauthorized use of the Services would result in irreparable injury to Cruzio and/or its affiliates or licensors for which money damages would be inadequate. In such event Cruzio and/or its affiliates and/or licensors, shall have the right to immediate injunctive relief against you, in addition to other remedies available at law and in equity. Nothing contained in these TOU shall be construed to limit remedies or relief available pursuant to statutory or other claims that Cruzio, its affiliates and/or licensors may have, including but not limited to, any claim for intellectual property infringement.