Terms of Use

Welcome to ConCreates Inc. (“ConCreates” together with “we,” “us,” and “our”). By using our website (“Site”), social media accounts, marketing services, and other services (“Services or “Site”) you are agreeing to comply with and be bound by the following terms of use (“Terms”) for the Site. Please review the following terms carefully. If you do not agree to these terms, you should not use the Site.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.

  1. Acceptance of Agreement
  2. Your Privacy
  3. Your Use of Our Services
  4. Termination
  5. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)
  6. Indemnification (or What Happens If You Get Us Sued)
  7. Limited License; Permitted Uses
  8. Disputes with ConCreates
  9. Changes to the Terms
  10. Errors, Corrections and Changes
  11. Third-Party Content
  12. No Professional Advice
  13. Some Finer Legal Points
  14. Contact Information

 

  1. Acceptance of Agreement

The Terms are a legally binding contract between you and ConCreates. This contract sets out your rights and responsibilities when you use concreates.com, our social media accounts, and the other services provided by ConCreates so please read it carefully By using any of our Services (even just browsing our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.

  1. Your Privacy

We know your personal information is important to you, so it’s important to us. Our Privacy Policy details how your information is used when you use our Services. By using our Services, you’re also agreeing that we can process your information in the ways set out in the Privacy Policy, so please read it here.

  1. Your Use of Our Services
  • You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. You may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against ConCreates, another ConCreates client, or a third party.
  • You are responsible for paying all fees that you owe to ConCreates.
  • You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
  • You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
  • Follow Our Trademark and Copyright Policy. The name “ConCreates” and the other ConCreates Inc. marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of ConCreates in the US and other countries. The content, articles, documents, information, materials, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site (collectively, “Site Content”) are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any Site Content or any part of the Site, except as allowed by the “Limited License; Permitted Uses” Section below, is strictly prohibited.  You do not acquire ownership rights to any Site Content viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the Site Content may be the copyrighted work of third parties.
  • Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
  1. Termination

We May Discontinue the Services. ConCreates reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you.

Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

  1. Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

TO THE EXTENT PERMITTED BY LAW, THE SITE ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT).  THE SITE CONTENT AND SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES OR INACCURACIES OF SITE CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY SITE CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; (VIII) YOUR USE OF THE SITE OR THE SITE CONTENT OR (IX) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR OR OUR AFFILIATED PARTIES’ REASONABLE CONTROL. TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR THE SITE OR SITE CONTENT.  IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, TO THE EXTENT PERMITTED BY LAW WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATED PARTIES DO NOT WARRANT THAT THE SITE OR SITE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.  THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.  THIS SITE AND SITE CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, SITE CONTENT OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

IN NO EVENT SHALL WE, OUR AFFILIATED PARTIES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $100.00, AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

  1. Indemnification (or What Happens If You Get Us Sued)

We hope this never happens, but if ConCreates gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ConCreates (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your infringement of someone else’s rights.

We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

  1. Limited License; Permitted Uses

You are granted a nonexclusive, nontransferable, revocable license (a) to access and use the Site and Site Content solely in accordance with this Agreement; (b) to use the Site and Site Content solely for internal, personal, noncommercial purposes and (c) to print out discrete information from the Site and Site Content solely for internal, personal, noncommercial purposes and provided that you maintain all copyright and other policies contained therein.  No printout or electronic version of any part of the Site or Site Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. Disputes with ConCreates

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

Arbitration; Jury Trial Waiver

Any legal controversy or legal claim arising out of or relating to this Agreement, the Site or the Site Content (defined below), excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of JAMS Mediation, Arbitration, ADR Services.  Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party.  The arbitration shall be conducted in California, and in accordance with the “Governing Law” Section below.  To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through JAMS, and each party shall bear its own attorneys’ fees.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SITE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.  THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.  YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

Governing Law. The Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California.

  1. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

  1. Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components or that defects will be corrected.  We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate.  We may make changes to the features, functionality or content of the Site at any time.  We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

  1. Third‑Party Content

Third‑party content may appear on the Site or may be accessible via links from the Site.  We are not responsible for and assume no liability for any third‑party content.  You understand that the information and opinions in the third‑party content represent solely the thoughts of the author and are neither endorsed by us nor do they necessarily reflect our beliefs.

  1. No Professional Advice

The Site are not intended to and do not constitute legal, financial, tax, health care, real estate or other professional recommendations, mediation or counseling under any circumstance and should not be considered a substitute for advice from qualified professionals.  We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked is entirely at your own risk. Because the information provided on the Site, and materials linked, are general in nature, you should not act or rely on any information on the Site without seeking the advice of a competent professional licensed to practice in your jurisdiction for your particular problem.

  1. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and ConCreates regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

  1. Contact Information

If you have any questions:

Send an email to info@concreates.com.

 

Last Updated January 1, 2020