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Legal

Acceptable Use Policy

1. GENERAL TERMS

This Crunchafi Acceptable Use Policy (“AUP”), effective as of the date that the End User first receives access to the Crunchafi online services and related software (the “Services”), is by and between Crunchafi LLC, a Wisconsin limited liability company located at 400 North Broadway, Suite 100, Milwaukee, WI 53202 (“Crunchafi”), and the End User. Crunchafi and End User are each a “Party” and collectively the “Parties” to this AUP. 

2. PROHIBITED USE

Crunchafi grants the right to use the Services exclusively to authorized End Users. This AUP allows you, as an End User, to access and use the Services, subject to the following restrictions and conditions of use.  

  1. As an End User, you will receive a user ID and password.  You may not share, distribute, sell, or lease the user ID or password to any other person. You are responsible for the security of your credentials and all actions taken under your credentials.
  2. The Services may be periodically updated with tools, utilities, improvements, third-party applications, or general updates to improve Services functionality. You agree to receive updates to the Services as they may become available.
  3. You may not display, license, rent, lease, lend, or distribute the Services or use the Services in an effort to create, develop, or procure products or services which are competitive to the Services.
  4. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Services or any part thereof. Any attempt to do so is a violation of the rights of Crunchafi and/or its licensors. If you violate this restriction, you may be subject to prosecution and damages.
  5. You agree to not use the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote, or transmit any of the following:
    1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
    2. Content that would impersonate someone else or falsely represent an individual’s identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or the public;
    3. Except as permitted by Crunchafi in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication, or spamming or flooding;
    4. Virus, Trojan horse, worm, or other disruptive or harmful software or data; or
    5. Any Content that End User does not own or have permission from the intellectual property rights owner(s) to use

3. CRUNCHAFI LICENSE TO USE CONTENT

By making any Content available through your use of the Services, you grant Crunchafi a worldwide, royalty-free, non-exclusive license to host and use Content solely for the purpose of providing services through the Services. “Content” means any data, information, materials, text, graphics, or images that an End User uploads, posts, or stores in or to the Services.

4. CRUNCHAFI'S MONITORING OF CONTENT

You agree that Crunchafi may, but has no obligation to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this AUP, and to comply with applicable law or other legal requirements. Crunchafi may disclose any information necessary to satisfy Crunchafi’s legal obligations, protect Crunchafi or its customers, or operate the Services properly. If Crunchafi is required to disclose information belonging to End User, Crunchafi will provide written notice to End User and to any other affected Party or Parties. Crunchafi, in its sole discretion, may refuse to post, remove, or refuse to remove, or disable any Content, in whole or in part, that is alleged to be or that Crunchafi considers to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

5. SUSPENSION

Crunchafi may suspend this AUP at any time upon reasonable suspicion that the End User has breached this AUP or for any other reason. Upon any such termination or expiration, you shall no longer be permitted to use the Services and will no longer have access to any data you uploaded to the Services. 

6. TERMS APPLICABLE TO END USERS
  1. DISCLAIMER OF WARRANTIES. NEITHER Crunchafi NOR ITS THIRD-PARTY PROVIDERS WARRANT THE SERVICES WILL PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS, DOCUMENTATION, OR OTHER STANDARDS, PERFORM IN AN UNINTERRUPTED CAPACITY, BE ERROR-FREE OR BUG-FREE, OR PROVIDE COMPLETE OR ACCURATE DATA, NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. NEITHER Crunchafi NOR ITS THIRD-PARTY PROVIDERS WILL IN ANY WAY BE LIABLE TO END USER OR ANY OTHER ENTITY OR PERSON FOR THEIR INABILITY TO USE THE SERVICES OR FOR ANY INACCURACIES, ERRORS, OMISSIONS, DELAYS, COMPUTER VIRUSES OR OTHER INFIRMITY OR CORRUPTION, DAMAGES, CLAIMS, LIABILITIES, OR LOSSES, REGARDLESS OF CAUSE, IN OR ARISING FROM THE USE OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS AND WITHOUT WARRANTY OR ANY TECHNICAL SUPPORT OF ANY KIND. NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OF ANY OTHER TYPE, ARE PROVIDED HEREUNDER.
  2. LIMITATION OF LIABILITIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF Crunchafi, ITS AFFILIATES, AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AUP SHALL BE LIMITED TO TWO HUNDRED DOLLARS ($200). SUBJECT TO APPLICABLE LAW AND EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, NEITHER PARTY IS LIABLE FOR: (i) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (ii) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, THEFT OR LOSS OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS, INVESTMENTS, OR USE OF SERVICES OR HARDWARE THAT DOES NOT MEET Crunchafi SYSTEM REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF Crunchafi AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AUP SETS FORTH THE ENTIRE LIABILITY OF Crunchafi AND ITS AFFILIATES AND IS END USER’S EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND THEIR USE.
  3.  Indemnification. End User will defend Crunchafi against any claim, demand, suit, or proceeding made or brought against Crunchafi by a third party alleging that any of End User’s data that End User uploads to the Services, or End User’s use of the Services in breach of this Agreement, infringes or misappropriates such third party’s intellectual property rights or violates applicable law (a “Claim Against Crunchafi”), and will indemnify Crunchafi against any damages, attorneys’ fees, and costs finally awarded against Crunchafi as a result of or for any amounts paid by Crunchafi under a court approved settlement of a Claim Against Crunchafi, provided Crunchafi (i) promptly gives End User written notice of the Claim Against Crunchafi; (ii) gives End User sole control of the defense and settlement of the Claim Against Crunchafi (except that End User may not settle any Claim Against Crunchafi unless it unconditionally releases Crunchafi of all liability); and (iii) gives End User all reasonable assistance, at End User’s expense.
  4.  Crunchafi and its licensors reserve and retain all right, title, and interest in and to the Services and Crunchafi software included in the Services, including without limitation any modifications, improvements, enhancements, derivative works thereof, and all intellectual property rights inherent therein (including, without limit, all inventions, patents, trade secrets, trademarks, trade names, copyrights, and all other proprietary rights pertaining thereto), whether or not based upon information provided pursuant to this AUP. All rights not expressly granted in this AUP are reserved by Crunchafi and its licensors.