This is a legal agreement (“Agreement”) between you (referred to herein as “you” or “your”) and CrowdDD, LLC (referred to herein as “Company”). By accessing any of the websites associated with Company, including, but not limited to, www.CrowdDD.com (individually or collectively, the “Site”), and providing information required by Company in connection with the Services (hereinafter defined) accessible through the Site (“Registering”), you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site and/or the Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services.
The services accessible through the Site (the “Services”) consist of providing links to surveys relevant to you, as determined in Company’s discretion, based on the information you provide when you register with Company. You are under no obligation to complete any surveys provided to you by Company. Company may offer additional services or revise the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Company also reserves the right to cease offering any of the Services at any time or to change the terms of this Agreement, each at its sole and exclusive discretion, with or without notice. Your continued use of the Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
1. TERM AND TERMINATION
1.1 This Agreement will become effective upon your acceptance of the Agreement by accessing the Site and Registering. This Agreement will remain in effect in perpetuity unless terminated hereunder. You may terminate your account with Company at any time, for any reason or no reason, without explanation, effective upon sending written notice to the Company in accordance with the “Cancellations” paragraph below. Company reserves the right to immediately suspend or terminate your account and your access to any of the Services, without notice, for any reason or no reason. Company also reserves the right to remove your account information or data from our Services and any other records at any time at its sole discretion. In the event your access to the Services is suspended due to your breach of this Agreement or you terminate this Agreement pursuant to the terms of this paragraph, then you agree that you forfeit any claims to any credits earned by you through the Services, which have not yet been paid.
2. ELIGIBILE USERS
2.1 Age Requirements. You must be at least 18-years-old to register for the Services, and you represent and warrant that you are such age. Other Services may have other age requirements for all or a portion of such Services, and such other age requirements will be presented to you when you sign up for such Services or portions thereof.
2.2 Other Eligibility Requirements. You must be an accredited Investor.
3. USE OF THE SITE AND SERVICES
3.1 As a user of the Site or a user providing information in connection with use of the Services (a “Registered User”), you agree to the following:
3.1.1 Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge and agree that Company is not responsible for any third-party access to your account that results from theft or misappropriation of your user information.
3.1.2 Geographic Limitations. The Site and Services are intended for use in the United States. You will only use the Services in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. You are not located in, under the control of, or a national or resident of any country (i) for which the U.S. has embargoed goods, (ii) which the U.S. has identified as a “Specially Designated National”, or (iii) which the U.S. has placed on the Commerce Department’s Table of Deny Orders. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
3.1.3 Responsibility for Information. You are solely responsible for, and assume all liability regarding, (i) the information and content you contribute in connection with the Services; (ii) the information and content you post, transmit, publish, or otherwise make available (hereinafter “post”) through the Services; and (iii) your interactions with providers of Incentive Surveys or other third parties through the Services.
3.2 No Guarantees. Company makes no guarantees as to the accuracy of post or ratings on our site.
3.4 False or Misleading Information. You will not provide inaccurate, misleading, or false information to Company or to any other related party, including, but not limited to, advertisers and third parties providing services or offers. If information provided to Company subsequently becomes inaccurate, misleading or false, you will promptly notify Company of such change. Similarly, you will not register multiple times; you are only entitled to one account with Company. Each user will provide only one set of information through which to use the Services.
3.5 Anti-SPAM Policy. If you generate or attempt to generate referrals through the use of SPAM, you will be disqualified from receiving any payments from Company, including payments for your own participation in surveys and for the participation of any members you referred to Company. Company will revoke your membership if you spam information about Company, and you will be permanently disqualified from future membership and from any other participation with Company.
3.6 Other Prohibited Acts. You agree not to use, or attempt to use, any part of Company or the Sites for abusive purposes, including, but not limited to, tampering, hacking, spoofing, using robots or scripts, copying, distributing, modifying, or otherwise corrupting the administration, security, or proper function of Company or the Sites or the surveys and offers. You also agree not to make any attempt to earn or redeem credits in a manner inconsistent with this Agreement, including, without limitation, attempting to earn credits through illegitimate channels (as described on the Sites), participating in purchasing or redemption fraud, or tampering with Company links. Company reserves the right to terminate any account violating this Agreement.
5. THIRD PARTIES
6. WARRANTY DISCLAIMER
6.1 No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. COMPANY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE; THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
6.2 Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services (but not directly by Company) are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. COMPANY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN COMPANY. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
7. LIMITATION OF LIABILITY
7.1 Damages and Liability Limits. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL COMPANY’S AGGREGATE LIABILITY TO YOU, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE AMOUNT OF ZERO DOLLARS ($0) OR ITS EQUIVALENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF THIRD PARTIES WHO ATTEMPT TO DEFRAUD OR HARM YOU.
7.2 Information Verification. Company and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that Company and its contractors will have no liability to you arising from any incorrectly verified information.
8.1 You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of (a) your use of or inability to use the Site or the Services, (b) your violation of any terms of this Agreement or your violation of any rights of a third party, or (c) your violation of any applicable laws, rules or regulations. Company reserves the right, at your cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
9.1 To cancel this Agreement, mail or deliver a signed and dated notice, or send an e-mail which states that you, the user, are canceling this Agreement, or words of similar effect. The notice under this paragraph shall be sent to [email protected].
10.1 Venue and Jurisdiction. This Agreement, and the interpretation thereof, shall be governed by the laws of the State of North Carolina (without giving effect to its conflicts of law principles). You agree that any dispute or claim arising out of or relating to this Agreement, the Site, or the Services shall be heard by a court of competent jurisdiction sitting in Rowan County, North Carolina. If any provision(s) of this Agreement is held by the court to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You acknowledge and agree that any violation of this Agreement may cause Company irreparable harm and therefore agree that Company will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Company may have for a breach of this Agreement.
10.3 Effect of Termination. Unless otherwise explicitly stated, this Agreement will survive termination of your registration for the Services.
10.4 Non-waiver. The failure of Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
10.5 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect.
10.6 Time in which to Bring a Claim. Regardless of any statute or law to the contrary, any claim or cause of action by you against the Company arising out of or related to this Agreement or your use of the Site or the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
10.7 Paragraph Titles. The titles for paragraphs in this Agreement are for convenience only and have no legal or contractual effect.
10.8 Member are not permitted to post referral links to other sites.
10.9 Last Update. This Agreement was last revised on July 9, 2015.