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.gotgiddyup.com, www.mycanvasser.com, www.gotcanvasser.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.

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, 16600 W. Sprague Road, Suite 410, Middleburg Heights, Ohio  44130.

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.

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.

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:

  1. Informing you about:
    1. the type of personal information the Company collects about you through this Service;
    2. how that information is collected;
    3. the general purposes for which information is collected;
    4. what disclosures of information will be made;
    5. how, and to what extent, you can limit those disclosures; and
  1. Assuring you that:
    1. reasonable precautions are taken to protect your personal information from loss, misuse, unauthorized access, disclosures, alteration, or destruction;
    2. Company employees who have access to your personal information are informed about our privacy procedures for protecting such information;
    3. reasonable policies and procedures are in place to insure that the Company gathers only the information it needs in order to perform the tasks listed below and that your personal information is retained only as long as necessary for the purposes for which it was gathered;
    4. reasonable policies and procedures are in place to insure that your personal information is retained only as long as necessary for the purposes for which it was gathered;
    5. you have reasonable access to any personal information you provide; and
    6. there is a procedure for correcting or modifying your personal information, if appropriate.

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, 16600 W. Sprague Road, Suite 410, Middleburg Heights, 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.

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.

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.