CUTTERCROIX LEGAL STATEMENT
PLEASE READ THIS LEGAL STATEMENT
CAREFULLY BEFORE USING THIS PRODUCT OR SERVICE
This document details the terms of a legal agreement (the "Legal
Statement") between you and CutterCroix, LLC (the "Company") and
includes two parts: General Terms of Use and a Privacy Statement.
This Legal Statement applies to users of CutterCroix services including all web
sites, services and mobile applications (“Products”). Subscribers to
CutterCroix Products (“Subscribers”) are also subject to applicable Subscriber
License Agreement.
By accessing this Product, you acknowledge that you
have read and understood the Legal Statement and, having read and understood
the Legal Statement, you voluntarily agree to be bound by the Legal Statement.
You also agree to comply with all laws and regulations applicable to the use of
the Product, to the use of the Internet, and to the activities involved in
using this Product.
If you do not agree with the Legal Statement, then do not use this Product.
I. GENERAL TERMS OF USE
Situs:
This Product is controlled by the Company from its offices within Ohio. The
Company complies with all laws of Ohio applicable to this Product and to the
Internet. Users who choose to visit this Product from other jurisdictions do so
on their own initiative. Those Users are solely responsible for compliance with
their local laws.
Venue and Jurisdiction:
Claims relating to this Product, to the use of this Product, and to the
information, content, material, and Products available through this Product are
governed by the laws of Ohio. You hereby unconditionally, voluntarily, and
irrevocably consent to submit to the exclusive jurisdiction of Ohio for any
litigation concerning this Product, your use of this Product and any
information received through this Product.
Change of Terms:
The Legal Statement may be changed without notice. Your continued use of this
Product after the Legal Statement is changed indicates your acceptance of the
new Legal Statement. If you do not agree with the new Legal Statement, then
discontinue your use of this Product.
Alteration of Products:
The Company may change, suspend or discontinue any feature, aspect, product or
service available through this Product at any time. The Company may alter the
availability of any feature of this Product or service related to any feature
of this Product at any time. The Company may add, remove or modify any content
of this Product, including that of third party service providers, at any time.
Limitation on Usage:
The Company may limit your access to any part of this Product without notice to
you. Company may terminate your use of its Product at any time.
Storage of Highly Sensitive Information Prohibited:
You acknowledge and agree that the Products were not intended nor designed to store sensitive information including, but not limited to, personally identifiable information, health records, financial account information, and payment card information. You agree to instruct all persons that have access to the Software as granted under this Agreement not to enter or store such highly sensitive information in the Products and further agree to indemnify and otherwise hold harmless the Company from any and all costs, losses or claims, including attorney’s fees, arising for any claim or actions taken against the Company related to the storage or release of such information.
User On-line Conduct:
You agree to use this Product only for lawful purposes.
You agree to use this Product only for its intended purposes.
You agree not to disrupt this Product.
You agree not to interfere with or compromise the security of this Product, or
any computer, server, account, network, data, software and/or hardware
associated with this Product.
You agree not to disrupt or interfere with any other user’s use of this
Product.
You agree not to attempt to obtain access to any portion of this Product, any
computer, server, account, network, software and/or hardware associated with
the Product, from which you are restricted.
You agree that you are solely responsible for any actions you undertake while using
this Product and that you will comply with all applicable local, state,
national and international laws and regulations applicable to this Product and
the Internet, including United States copyright and export regulations.
You warrant that all information you provide to gain access to the services
provided by this Product is accurate and truthful.
The Company reserves the
right to prohibit any conduct involving this Product that it deems to be
inappropriate.
Links to and From Other Web Pages:
You may gain access to other Service Provider Products via links on this
Product. This Legal Statement applies to the Company's Product and does not
apply to other Service Provider’s' Products. Similarly, you may have come to
this Product via a link from another Service Provider Product. The terms of use
and privacy practices of other Products do not apply to this Product. Only this
Legal Statement applies to this Product. The Company assumes no responsibility
for any terms of use or material outside this Product accessed via any link.
Links to third party Service Provider Products or information are not intended,
and should not be interpreted by users or other visitors to the Company’s
website, as constituting or implying the Company's endorsement, sponsorship or
recommendation of the third party information, or products or services found
there.
Copyright, Trademark and Intellectual
Property:
All information, content and material made available by the Company through
this Product, including, without limitation, any computer code, design, text,
drawings, photographs, graphics, sound recordings and video recordings as well
as any copyrights, trademarks, patents or other proprietary rights comprising
the Product (collectively, the "Content") is owned by or licensed to the
Company. The compilation of the Content on this Product is the exclusive
property of the Company and is protected by U.S. and international copyright
Law.
The Company and its licensors retain all rights in this Content. The Content
and any and all such copyrighted material may not be modified, copied,
distributed, downloaded, displayed, e-mailed, transmitted or sold in any form
or by any means, in whole or in part, without the prior written consent of the
respective copyright owner.
The Company grants you permission to display, copy, distribute, print and/or
download the Content on this Product for your personal, non-commercial use
only. If you display, copy, distribute, print and/or download the Content on
this Product, then you may not modify that Content and you must retain all
copyright and other proprietary notices contained in the Content.
The Content may not be used in connection with any service or information that is not the Company's or in any manner that is likely to cause confusion among consumers or that disparages the Company. The permission granted herein terminates automatically if you breach these terms. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.
"CutterCroix,"
"Cutterbid," "CutterCrew," "Cutterfield," "Cutterops," "Giddyup,"
"GiddyupOffice," MyGiddyup," "Canvasser," "MyCanvasser" and "Software So
Simple, It's Used!" and their respective logos, as well as
www.cuttercroix.com,
www.mygiddyup.com,
www.igiddyup.com,
www.giddyupstatus.com,
www.giddyuproofingsoftware.com
are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.
You are prohibited from
uploading, posting or otherwise distributing on this Product any unlawful,
threatening, obscene, pornographic, intimidating, libelous, defamatory or
slanderous comments, jokes, images or content that are intended to or are
likely to offend a reasonable person on the basis of his or her age, physical
or mental disability, gender, race, religion, national origin, physical
attributes, sexual preference, or any other classification that could produce
any civil or criminal liability for either yourself or for the Company, its
affiliates, employees, agents or any such similarly situated persons or
entities. II.
PRIVACY STATEMENT We are
committed to protecting your online privacy while you use the services provided
by the Company. Please note that the following provisions apply generally to
the Product, however information submitted by Subscribers in connection with
paid services is also subject to additional privacy terms as set forth in the
Subscriber License Agreement. This
Privacy Statement addresses your privacy by: Types of Data: Accountability: The
Company is responsible for your personal Information under its control. Questions
or issues involving privacy concerns or compliance should be sent by US postal
mail to: CutterCroix, LLC, Attention: Legal Department, 7251 Engle Rd, Suite 350, Cleveland, Ohio 44130.
Unfortunately,
neither CutterCroix’s computer systems, data storage systems, nor data
transmission over the Internet, can be guaranteed to be 100% secure. As a
result, while we strive to protect your personal information, we cannot ensure
or warrant the security of your personal information. Cookie
Disclosure Information: A
"cookie" is a persistent, client-side, hypertext transfer protocol
file. Cookies are pieces of information that a Product can transfer to a
visitor's hard drive for record-keeping purposes. Cookies facilitate web
surfing by saving visitor preferences and other information. The rise of
cookies is a widespread industry standard and thus many major Products use
cookies. Using a cookie allows record-keeping while you are visiting a Product
and saves you the extra effort of entering certain information multiple times
in one site. Most
browsers are initially configured to accept and process cookies. You can
configure your browser to refuse cookies. Extensive information concerning
cookies is available on the World Wide Web by searching for the word
"cookies." If you have any questions concerning our use of cookies,
please contact our privacy officer. We
reserve the right to use cookies and related technologies on our Product. Use of
Aggregated, Non-Personally Identifiable Data: Some
information about your IP address, web browser, and computer system are
automatically transmitted to our web servers as an integral part of the
operation of the Internet. Thus, we reserve the right to automatically collect
and/or track, without limitation: the home server domain names, Internet
Protocol (“IP”) address, e-mail addresses, type of client computer, and type of
web browsers of visitors to our Product; information on what pages of the
Product visitors access; and the date and time of a user’s visit. Non-personally
identifiable data we collect will be aggregated and used for: · monitoring and improving our internal operations; · producing statistical and/or demographic data for use by
advertisers, potential advertisers, and other business partners; · customizing content and layout of our site; and · marketing and promotional purposes; Use of
Personally Identifiable Information: There are
times when you may fill out a form on the Product or we may ask you for
personal information including, but not limited to name, address, phone number,
and credit card information (the “Personally Identifiable Information”). This
information will be requested only when needed to complete a transaction for
which such information is necessary. We will never collect sensitive
information (e.g. political or religious beliefs, ethnic origin, sexual
orientation, health or medical condition). Personally
Identifiable Information we collect will be used for: · billing you appropriately for contracted transactions and
services; · performing the services you request and provide the goods
you request; · responding to your inquiries; · providing general information that may be of interest to
you; · editorial and feedback purposes; · monitoring and improving our internal operations; · producing statistical and/or demographic data for use by
advertisers, potential advertisers, and other business partners; · customizing content and layout of our site; and · marketing and promotional purposes. Disclosure
of Personally Identifiable Information to Third Parties: The
Company does not disclose Personally Identifiable Information to third parties
for marketing purposes, although third parties may be used from time to time to
perform services on behalf of the Company. Any third party we disclose data to
will be prescreened by us as part of reasonable efforts to ascertain that they
are reputable and that they will use the Personally Identifiable Information
only for the processing purposes we request. We will use reasonable efforts to
make sure that all such third parties are contractually prohibited from using
or disclosing Personally Identifiable Information for any purposes other than
for that which they have been engaged and they are contractually required to
maintain the security of the Personally Identifiable Information provided by
the Company, and to process such Personally Identifiable Information only on
our instructions, in compliance with this Privacy Statement, and in an
appropriate confidential and secure manner. By using
the Product, you acknowledge and agree that the Company may use the data
collected as set forth herein, and may provide the information to other
selected third parties for processing purposes which may be outside your
resident jurisdiction. In addition, such data may be stored on servers located
in other jurisdictions and transferred between jurisdictions. By providing the
Company with your data, you consent to the transfer of such data. Due to
the existing legal, regulatory and security environment, the Company may be
required, under certain circumstances, to disclose aggregate level statistical
and/or Personally Identifiable Information. We will attempt to limit such
disclosure to instances where we believe in good faith that we are required to
do so in response to a subpoena or other legal process; where we are reasonably
required to do so in order to maintain, update or otherwise implement our data
security measures, equipment, technical operations and the like; or where
reasonably necessary to identify, contact or bring legal action against persons
or entities to preserve and/or enforce our rights. Additionally,
we may sell or otherwise transfer such information to a successor of the
Company in connection with an asset sale, merger, consolidation, divestiture,
stock sale or other corporate transaction, or by way of assignment (whether by
operation of law or otherwise) in connection with any such or similar
transaction or in connection with the administration of a bankruptcy estate. Phone numbers provided for SMS opt-in will not be shared. Consent
and Opting Out: Our
server does not automatically record Personally Identifiable Information. Such
information can become known to the Company only when you voluntarily submit
it. By submitting your Personally Identifiable Information, you are consenting
to the collection, export, transfer, transport, transmission, use, or
disclosure of your Personally Identifiable Information. You may
opt out of having your Personally Identifiable Information shared with third
parties by contacting us by US postal mail. Please note that in order to
fulfill certain obligations, we may need to continue sending you notices or
other important information concerning your account. CutterCroix, LLC is committed to protecting your privacy. To opt out of receiving text messages from CutterCroix, LLC, simply reply 'STOP' to any text message you receive from us. Access
to and Ability to Correct Personal Data: You may
request, via US postal mail, that we provide you with a summary of personal
information we retain concerning you or that we modify or remove any personal
information we retain concerning you. We reserve the right, for security
reasons, to verify your identity before performing your requests.
Digital Millennium Copyright, Act,
Transmission of Third Party Content:
You may not upload, post or otherwise distribute on this Product anything
protected by copyright or other proprietary rights unless the owner of the
applicable copyright or proprietary right has given you express authorization
for such uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of Content
protected by copyright or other proprietary rights is illegal and subjects the
malfeasant to civil penalties and criminal prosecution.
The Company, its affiliates, officers, directors, employees, agents or any such
similarly situated persons or entities are not liable for damages resulting
from any infringement resulting from your actions involving copyrighted or
proprietary right protected material.
The Company, pursuant to the Digital Millennium Copyright Act, has designated an
individual to receive complaints and notices of suspected copyright
infringements. If you believe that your work has been copied and is accessible
on the Company's Product in a way that constitutes infringement, you may notify
the Company by providing the following information:
1. An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed,
including the URL (i.e. web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
3. Identification of the URL or other specific location on the Company's
Product where the material that you claim is infringing is located;
4. Your address, telephone number and e-mail address;
5. 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;
6. A statement by you made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or are
authorized to act on the copyright owner's behalf.
Issues involving copyrights should be sent by US postal mail to: CutterCroix,
LLC, Attention: Legal Department, 7251 Engle Rd, Suite 350, Cleveland, Ohio 44130.
Ownership of Third Party Content:
The Company may display Content supplied by users and other third parties on
its Product. The Company maintains no editorial control over this Content. The
Content supplied by users and other third parties belongs to the respective
owners of that Content.
THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED
PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY USERS OR THIRD
PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF
ANY CONTENT SUPPLIED BY USERS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or harm
to property or person caused by your or anyone else's reliance on Content
available on this Product that is the property of visitors or third parties.
You are solely responsible for evaluating and acting on any Content available
on this Product.
Disclaimers:
THIS PRODUCT IS PROVIDING "AS-IS" AND "AS-AVAILABLE". THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
CONCERNING THE OPERATION OF THIS PRODUCT, THE CONTENT, INFORMATION, AND/OR
SERVICES AVAILABLE ON OR THROUGH THIS PRODUCT.
YOU AGREE TO USE THIS PRODUCT SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE
OF THIS PRODUCT, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH
THIS PRODUCT IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS PRODUCT WILL BE AVAILABLE AT ALL TIMES OR THAT A USER’S
USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES
AVAILABLE THROUGH THIS PRODUCT ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
Limitation of Liability:
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING,
HOSTING, MAINTAINING AND/OR UPDATING THIS PRODUCT SHALL BE LIABLE, UNDER ANY
CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PRODUCT
OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT
LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS,
DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS,
LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT
FROM YOUR USE OF OR INABILITY TO USE THIS PRODUCT, RESULTING FROM ACTS
INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE
FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR OWN
ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES
TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS PRODUCT.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF
DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
ALLOWED BY THAT JURISDICTION.
No Joint Venture:
This Agreement provides only for the use of this Product. This Agreement shall
not be construed as a teaming, joint venture, or other such arrangement, unless
the parties expressly and explicitly execute an agreement to that effect.
Indemnity:
You agree to indemnify and hold harmless the Company for any damages, injuries,
losses, costs, or expenses that the Company may incur as a result of your use
of this Product or your use of the Content, specifically including, but not
limited to your failure to comply with any and all government laws and
regulations and the infringement of any copyright or intellectual property
rights pursuant to this agreement. You also agree to indemnify and hold harmless
the Company from any damages, losses, costs or expenses that the Company may
incur as a result of your providing inaccurate or untruthful information to
gain access to the services provided through this Product
Severability:
If any provision of this Legal Statement is held invalid or unenforceable in
whole or in part in any jurisdiction, that provision shall be ineffective in
that jurisdiction without affecting the validity of enforceability of the
remaining provisions of this Legal Statement.
Integration Clause:
You hereby acknowledge that this Legal Statement, all documents referenced
herein, as well as any Customer License Agreement, represent the entire
understanding between you and the Company concerning your use of this Product,
and the Content, information and services available on this Product.
Headings of the Legal Statement:
The section headings used in this Legal Statement are for reference and the
convenience of the readers and shall not constitute part of the Legal Statement
for interpretation purposes.
Once the end user has selected a calendar, myGiddyup will create new events in Google Calendar, for every appointment assigned to the end user in the myGiddyup application. When myGiddyup is synchronizing appointments, the system will look on the Google Calendar configured, for an event with a specific unique identifier, that is provided when new events are added to the Google Calendar. This identifier is generated by the myGiddyup application, and uniquely identifies appointments within the myGiddyup Application. If an event is found, the application will then apply any updates made to the appointment by the end user. If an event is not found, a new event will be created.
If an end user then deletes the appointment with myGiddyup, the application will delete the event from the Google Calendar.
At no time does CutterCroix or the myGiddyup application access, store, interact with any data not defined above. The application has been designed to only interact with data that it creates itself.