Terms of Use Website/mobile application

Last modified: 5/10/2016

Acceptance of the Terms of Use

These terms of use (the "Terms of Use") are entered into by and between you and Kriddik, LLC ("Company", "we" or "us"). The Terms of Use govern your access to and use of Kriddik's website/mobile applications and applications that link to or reference these Terms of Use (the "Website/mobile application"), including any content, functionality and services offered on or through the Website/mobile application, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website/mobile application. By using the Website/mobile application, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, do not access or use the Website/mobile application.

This Website/mobile application is offered and available to users who 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website/mobile application, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website/mobile application.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website/mobile application thereafter. Your continued use of the Website/mobile application following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website/mobile application and Account Security

We reserve the right to withdraw or amend this Website/mobile application, and any service or material we provide on the Website/mobile application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website/mobile application is unavailable at any time or for any period. From time to 2 time, we may restrict access to some parts of the Website/mobile application, or the entire Website/mobile application, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website/mobile application.
  • Ensuring that all persons who access the Website/mobile application through your internet connection are aware of these Terms of Use and comply with them.

To access the Website/mobile application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website/mobile application that all of the information you provide on the Website/mobile application is correct, current and complete. You agree that all information you provide to register with this Website/mobile application or otherwise, including but not limited to through the use of any interactive features on the Website/mobile application, is governed by our Privacy Policy (www.kriddik.com/privacy) and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website/mobile application or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website/mobile application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Kriddik, its 3 licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website/mobile application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website/mobile application, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website/mobile application for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

No right, title or interest in or to the Website/mobile application or any content on the Website/mobile application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website/mobile application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Company name, the Kriddik logo and all related names, logos, product and service names, designs and slogans are trademarks of Kriddik or its affiliates or licensors. You must not use such marks without the prior written permission of Kriddik. All other names, logos, product and service names, designs and slogans on this Website/mobile application are the trademarks of their respective owners.

Prohibited Uses

You may use the Website/mobile application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website/mobile application:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
  • To impersonate or attempt to impersonate Kriddik, a Kriddik employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To create a user profile for anyone other than a natural person.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website/mobile application, or which, as determined by us, may harm Kriddik or users of the Website/mobile application or expose them to liability.

Additionally, you agree not to:

  • Use the Website/mobile application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website/mobile application, including their ability to engage in real time activities through the Website/mobile application.
  • Use any robot, spider or other automatic device, process or means to access the Website/mobile application for any purpose, including monitoring or copying any of the material on the Website/mobile application.
  • Use any manual process to monitor or copy any of the material on the Website/mobile application or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website/mobile application.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website/mobile application, the server on which the Website/mobile application is stored, or any server, computer or database connected to the Website/mobile application.
  • Attack the Website/mobile application via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website/mobile application.

User Contributions

The Website/mobile application includes functionality that allows users to submit or transmit to participating businesses content or materials (collectively, "Business Feedback") on or through the Website/mobile application. In addition, users may submit or transmit content or materials to Kriddik regarding the operation and use of the Website/mobile application ("Website/mobile application Feedback" and together with Business Feedback "User Contributions").

All User Contributions must comply with the Content Standards set out in these Terms of Use.

By providing any User Contribution on the Website/mobile application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material consistent with our Privacy Policy.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and 6 service providers, and each of their and] our [respective] licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Kriddik, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website/mobile application.

Monitoring and Enforcement; Termination

We have the right to:

  • Refuse to transmit any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website/mobile application or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website/mobile application.
  • Terminate or suspend your access to all or part of the Website/mobile application for any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website/mobile application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS 7 AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, abusive, harassing, violent or hateful.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Presented on Website/mobile application

The information presented on or through the Website/mobile application is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website/mobile application, or by anyone who may be informed of any of its contents.

We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website/mobile application and Mobile Application

We may update the content on this Website/mobile application/mobile application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website/mobile application may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website/mobile application

All information we collect on this Website/mobile application is subject to our Privacy Policy (www.kriddik.com/privacy) By using the Website/mobile application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases

If you purchase any services that we offer for a fee, you agree to pay for such service (including any applicable taxes) and that Kriddik may store your payment information. Kriddik does not support all payment methods, currencies or locations for payment.

Linking to the Website/mobile application and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.

This Website/mobile application may provide certain social media features that enable you to:

  • Link from your own or certain third-party website/mobile applications to certain content on this Website/mobile application.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website/mobile application.
  • Cause limited portions of content on this Website/mobile application to be displayed or appear to be displayed on your own or certain third-party website/mobile applications.

You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website/mobile application that is not owned by you.
  • Cause the Website/mobile application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website/mobile application other than the homepage.
  • Otherwise take any action with respect to the materials on this Website/mobile application that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Geographic Restrictions

We provide this Website/mobile application for use only by persons located in the United States. We make no claims that the Website/mobile application or any of its content is accessible or appropriate outside of the United States. Access to the Website/mobile application may not be legal by certain persons or in certain countries. If you access the Website/mobile application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website/mobile application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE/MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE/MOBILE APPLICATION LINKED TO IT.

YOUR USE OF THE WEBSITE/MOBILE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION IS AT YOUR OWN RISK. THE WEBSITE/MOBILE APPLICATION, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE/MOBILE APPLICATION, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERRORFREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE 11 WEBSITE/MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE/MOBILE APPLICATION, ANY WEBSITE/MOBILE APPLICATIONS LINKED TO IT, ANY CONTENT ON THE WEBSITE/MOBILE APPLICATION OR SUCH OTHER WEBSITE/MOBILE APPLICATIONS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/MOBILE APPLICATION OR SUCH OTHER WEBSITE/MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website/mobile application, including, but not limited to, your 12 User Contributions, any use of the Website/mobile application's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website/mobile application.

Governing Law and Jurisdiction

All matters relating to the Website/mobile application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Hampshire without giving effect to any choice or conflict of law provision or rule (whether of the State of New Hampshire or any other jurisdiction).

Subject to the arbitration provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website/mobile application shall be instituted exclusively in the federal courts of the United States or the courts of Merrimack County in the State of New Hampshire. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require you to submit any disputes arising from these Terms of Use or the use of the Website/mobile application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association in Merrimack County in the State of New Hampshire.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE/MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such 13 provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Kriddik with respect to the Website/mobile application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website/mobile application.

Your Comments and Concerns

This website/mobile application is operated by

Kriddik, LLC, 124 Bedford Center Road
Bedford, NH 03110

All feedback, comments, requests for technical support and other communications relating to the Website/mobile application should be directed to:

Kriddik, LLC
Attn: Privacy Officer
124 Bedford Center Road
Bedford, NH 03110
Email: info AT kriddik DOT com