Website Terms and Conditions of Use
IF USER DOES NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. BY USING THE SITE AND AGREEING TO THESE TERMS, USER CONFIRMS THAT USER IS AT LEAST 18 YEARS OLD AND THAT USER IS LEGALLY COMPETENT TO ENTER INTO A CONTRACT.
2. Intellectual Property Rights
Other than content User owns, which User may have opted to provide on this Site, under these Terms, Crowne ProMo Communications, LLC d/b/a Anvil Ready owns all rights to the intellectual property and material contained in or made available through this Site (“IP Rights”), including, but not limited to, any written content on the Site and the “look and feel” of the Site. All IP Rights are reserved.
User is granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Site, and for the creation of communication plans and strategies utilizing the Site.
User is expressly and emphatically restricted from all of the following:
- Publishing any Site material in any media;
- Selling, sublicensing and/or otherwise commercializing any Site material;
- Publicly performing and/or showing any Site material;
- Using this Site in any way that is, or may be, damaging to this Site;
- Using this Site in any way that impacts user access to this Site;
- Using this Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Site, or while using this Site;
- Modifying, reverse engineering, or reproducing, in whole or in part, the Site; and
- Using this Site to engage in any advertising or marketing.
Violation of this Section shall be a breach of contract, may result in termination of User’s limited license, and may constitute infringement of Anvil Ready’s copyright, trademark, trade dress, and other intellectual property rights.
4. Collection of Data/Privacy
5. Use of Site
When utilizing the site to develop customized communication strategies and plans, Anvil Ready does not warrant that the Site will be error-free. User acknowledges that the Site is in beta testing and agrees to provide feedback upon request of Anvil Ready. If the Site is not operating as intended, please contact: firstname.lastname@example.org.
6. Cancellation and Refund
User may cancel its subscription within five (5) days of initial payment for a 100% refund. No refunds will be given for cancellations made after five (5) days. Anvil Ready will not be liable for any refund amount due to technical problems with User’s computer, including issues with printing and internet connectivity.
7. Limited License
User may not make available this Site for use by any other person or other third party, except authorized Users that are under a single subscription.
8. No Warranties
THIS SITE IS PROVIDED “AS IS,” AND ANVIL READY MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATED TO THIS SITE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, NOTHING CONTAINED ON THIS SITE SHALL BE CONSTRUED AS PROVIDING A WARRANTY AS TO THE RESULTS OR OUTCOMES FROM USE OF THE SITE. IN NO EVENT SHALL ANVIL READY BE LIABLE FOR LOSS OF PROFITS, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE BREACH OF ANY PROVISION OF THIS AGREEMENT.
9. Limitation of Liability
Anvil Ready, nor any of its officers, employees or staff, shall be liable to User for anything arising out of, or in any way connected with, use of this Site or its content, whether such liability is under contract, tort or otherwise. Likewise, Anvil Ready, including its officers, employees and staff shall not be liable for any loss of profit, commercial injury, special incident, or indirect, consequential, or punitive damages arising out of, or in any way related to, use of this Site or its content, even if advised in advance of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL ANVIL READY’S LIABILITY TO CLIENT EXCEED THE LICENSE FEES ACTUALLY PAID BY CLIENT TO ANVIL READY.
User hereby indemnifies to the fullest extent Anvil Ready from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees) arising out of or in any way related to User’s breach of any of the provisions of this Agreement or other negligent actions that implicate Anvil Ready. In the event of litigation, Anvil Ready reserves the right to select counsel to represent Anvil Ready at User’s expense.
If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement.
12. Variation of Terms
Anvil Ready is permitted to revise these Terms at any time, and by using this Site, User is expected to review such Terms on a regular basis to ensure User understands all terms and conditions governing use of this Site. If User does not agree to the new terms, User should remove their content and stop using the Site.
Anvil Ready shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, User shall not be permitted to assign, transfer, or subcontract any of User’s rights and/or obligations under these Terms.
14. Entire Agreement
15. Governing Law & Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of Nebraska.
16. Dispute Resolution
Anvil Ready and User agree to resolve any dispute(s) related to these Terms and the Site through non-binding mediation before a single mediator in Douglas County, Nebraska. A request for mediation shall be made in writing, delivered to the other party to the agreement and filed with the person and entity administering the mediation. The parties shall share the mediator’s fee and filing fees equally. If mediation is unsuccessful, any controversy or claim arising out of or relating to this Agreement, or the making, performance, or interpretation of it, shall be adjudicated by binding arbitration before a single arbitrator in Douglas County, Nebraska. A request for arbitration shall be made in writing, delivered to the other party to the Agreement and filed with the person and entity administering the arbitration. A judgment upon the arbitration award may be entered in any court having jurisdiction of the subject matter of the controversy. If any arbitration is commenced between the parties to this Agreement, Anvil Ready in such arbitration shall be entitled, in addition to such other relief as may be granted, to its reasonable attorneys’ fees and other expenses of litigation, which shall be determined by the arbitrator.
Revised June 22, 2020
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