Effective Date – June 1, 2019
IMPORTANT NOTICE: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “ARBITRATION” SECTION BELOW, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION“ SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CRICKBUSTER INC. WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
OVERVIEW
Please read these Terms of Service and our Privacy Policy before using CrickBuster Inc’s services. These Terms of Service set out the terms and conditions that apply when you use our services. When you use our services, you agree to be bound by these terms and conditions. If you don’t agree to all the terms and conditions, you must not use our services. The term "services" means and includes all CrickBuster websites, mobile or other applications, software, online services, features, applications, widgets, forums, social media channels, customer, technical support and any other services provided by or through CrickBuster.
This is an Agreement between You and “CrickBuster Inc.” (hereinafter “CrickBuster”, www.CrickBuster.com, “we”, “us” and “our”). Our endeavor has been to keep this Agreement as readable and straightforward as possible. We expect you to be of sufficient legal age i.e. at least 18 years or above to be able to enter into binding contracts and provide consent to the collection and processing of any personal data we need to provide services to you.
This Agreement explains our obligations to you, and your obligations to us. This Agreement is the entire Agreement between us.
GENERAL TERMS
CrickBuster will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies.
You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and is not required by this Agreement.
CRICKBUSTER PRIVACY POLICY
ACCOUNT REGISTRATION AND RELATED SUBMISSIONS
You may access the services without registering for an account. To participate in certain features of the services such as reserving or purchasing a ticket, you will need to create an account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), as well, such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the services, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your CrickBuster password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify CrickBuster immediately of any unauthorized use. CrickBuster is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of CrickBuster or others due to such unauthorized use. Your Account is nontransferable except with CrickBuster’s written permission and in line with CrickBuster policies and procedures.
FUTURE FUNCTIONALITY
You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by CrickBuster regarding future functionality or features.
ASSIGNMENT; TRANSFER OF OWNERSHIP
We may give our rights, or our obligations, under these Terms to any person or entity at any time with or without your consent. You may not give your rights or your obligations under these Terms to anyone without first getting CrickBuster’s written consent, and any attempt to do so without our consent is void.
CrickBuster has full discretion to sell its stake in the company and transfer ownership to any third party or parties. Upon transfer, the new owner(s) will have full rights to redefine the terms of the services provided to you.
OWNERSHIP OF CONTENT AND GRANT OF CONDITIONAL LICENSE
The services and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise
discoverable on the services, and all tickets obtained from the services, (collectively, the "Content") are owned by us or our licensors. We own a copyright and, in many instances, patents and other intellectual property in the services and Content. We may change the Content and features of the services at any time.
We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the services and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the services other than the URL assigned to the home page of our site;
- "Frame" or "mirror" any part of the services;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the services;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the services, including with respect to any CAPTCHA displayed on the services. Operators of public search engines may use spiders to copy materials from the services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the services, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
- Make more than 800 reserve requests on the services in any 24-hour period, whether alone or with a group of individuals;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the services or the Content;
- Reproduce or scan tickets in a format or medium different from that provided by the services;
- Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the services;
- Use the services or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the services and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the services or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the services and Content, and infringes our copyrights, trademarks, patents and other rights in the services and Content. You will not acquire any ownership rights by using the services or the Content.
The registered and unregistered trademarks, logos and service marks displayed on the services are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission. You may inquire about obtaining permission by contacting us at inquiry@crickbuster.com
MAKING PURCHASES
Please review our Purchase Policy including but not limited to events and concerts, which will govern your purchase of any tickets or other products through the services, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the services. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the services.
USER CONTENT
Unless otherwise expressly provided, "User Content" means all contents submitted, posted, uploaded, published, or transmitted on or through the services by you or any other user of the services, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the services.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the services, you hereby grant to CrickBuster a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on or through, by means of or to promote, market or advertise the services, or for any other purpose in our sole discretion, except that the contents of private messaging through the services will not be used by CrickBuster in public advertising. In the interest of clarity, the license granted to CrickBuster shall survive termination of the services or your Account. CrickBuster does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the services by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the services. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the services or you have all rights, licenses, consents and releases that are necessary to grant to CrickBuster the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or CrickBuster's use of your User Content (or any portion thereof) on, through or by means of the services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that CrickBuster may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
CrickBuster reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the services or users, or for any other reason.
CrickBuster takes no responsibility and assumes no liability for any User Content that you or any other users or third parties post or send over the services. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. CrickBuster is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that CrickBuster shall not be liable for any damages you allege to incur as a result of such User Content. CrickBuster may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
PROHIBITIONS
As a user of the services, you may not:
- Take any action that (a) may unreasonably impede the infrastructure of the services; (b) interferes or attempts to interfere with the proper working of the services or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the services; (d) circumvents, disables or otherwise interferes with security features of the services; (e) distributes viruses or any other technologies that may harm CrickBuster or users; or (f) uses the services in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
- In any manner circumvent your obligation to pay CrickBuster for accessing services;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the services, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Violate any key CrickBuster policies that govern your use of the services and our interactions with you and third parties;
- Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the services, or use the communication systems provided by the services for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the services for any purpose without CrickBuster's prior written approval;
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate services information or content including but not limited to, for use on a mirrored, competitive, or third-party site;
- Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-CrickBuster mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on CrickBuster, (b) offers to purchase a service outside of CrickBuster, or (c) using a profile page or user name to promote services not offered on or through the services;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by CrickBuster;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the services;
- Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event; and
- Use any area of the services for commercial purposes, such as to conduct sales of tickets, products or services.
INTELLECTUAL PROPERTY RIGHTS
CrickBuster’s Content is protected by copyright, trademark, patent and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, CrickBuster and its licensors exclusively own all right, title, and interest in and to the services and CrickBuster’s Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of CrickBuster used herein are trademarks or registered trademarks of CrickBuster. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
COPYRIGHT COMPLAINTS
Without prejudice to the above, if you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the services, please send us the following information:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of the material that is claimed to be infringing and where it is located on the Service;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
CrickBuster’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
Attn: DMCA Notice
Email id : inquiry@crickbuster.com
Please note that this procedure is exclusively for notifying CrickBuster and its affiliates that your copyrighted material has been infringed.
COMPLAINTS & LEGAL CHALLENGES
If CrickBuster is made a party to any legal action by virtue your actions, you agree to be responsible for all of CrickBuster' costs and legal fees and to indemnify and hold CrickBuster harmless from any action.
THIRD-PARTY WEBSITES, ADVERTISERS OR THIRD-PARTY SERVICES
CrickBuster may contain links to third-party websites, advertisers, or third-party services that are not owned or controlled by CrickBuster. CrickBuster has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from CrickBuster, you do so at your own risk, and you
understand that this Agreement and CrickBuster’ Privacy Policy do not apply to your use of such sites. You expressly relieve CrickBuster from any and all liability arising from your use of any third-party website or services or third party owned content.
Additionally, your dealings with or participation in promotions of advertisers found on CrickBuster, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that CrickBuster shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the services, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
INDEMNITY
You agree to defend, indemnify and hold harmless CrickBuster and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the services with your unique username, password or other appropriate security code.
You agree that we are not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold CrickBuster and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable solicitors' fees) incurred by CrickBuster that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of CrickBuster.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us over the last twelve months.
CrickBuster and its directors, employees, affiliates, subsidiaries, agents and third party providers, shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.
You agree that we will not be liable for any loss of registration and use of your email address, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
DISCLAIMER OF WARRANTIES
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is", "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that the services will meet your requirements or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained through the services or that defects in the services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the services or any transactions entered into through the services. No advice or information, whether oral or written, obtained by you from us or through the services shall create any warranty not expressly made herein.
DISPUTE RESOLUTION; CLASS ACTION WAIVER
Governing Law These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. Agreement to Arbitrate You and CrickBuster agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide CrickBuster with written notice of your desire to do so by email at inquiry@crickbuster.com within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide CrickBuster with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide CrickBuster with an Arbitration Opt-out Notice, will be the state and federal courts located in the inquiry@crickbuster.com and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide CrickBuster with an Arbitration Opt-out Notice, you acknowledge and agree that you and CrickBuster are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CrickBuster otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general Demand for Arbitration form and a separate form for Demand for Arbitration for California residents.) The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and CrickBuster otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and CrickBuster submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. CrickBuster will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $10,000, CrickBuster will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes
Notwithstanding the provisions regarding modifications in these terms, if CrickBuster changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to [Insert email address]) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of CrickBuster’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and CrickBuster in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
DISPUTE JURISDICTION FOR COURTS
This Agreement is governed by and will be enforced in accord with the laws of State of Florida.
Any action brought against CrickBuster arising out of or relating to this Agreement must be brought in the courts of State of Florida and you consent to the exclusive jurisdiction of such courts.
FORCE MAJEURE
We will not be liable to you for any lack of performance, or the unavailability or failure, of the services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
NOTICES
Except as expressly stated otherwise, all notices to CrickBuster shall be sent through the email form provided on the services under the Contact Us link. Our address is inquiry@crickbuster.com
as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
MISCELLANEOUS
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of CrickBuster, which we can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.
NO AGENCY
You and we are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
NO WAIVER
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and CrickBuster’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
CONTACT INFORMATION
If you have any questions about these Terms or the Services, please contact CrickBuster at inquiry@crickbuster.com