PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. “You” or “Customer” means the person or entity that subscribes to Services or and anyone who accesses the Services provided to you. “We”, “us”, “our”, “Company” and “Crowdpurr.com” refer to the Crowdpurr legal entities providing Services to you. “Service(s)” refer to any services you have agreed to obtain from us.
“Promotional Terms” mean terms that apply to special offers from time to time. Promotional terms will be specified in upon sign up. Promotional terms may include a term commitment and an early termination fee in the event the service is not maintained, or in the event you cancel service prior to the end of the term.
“Service Order” means the form (whether paper or electronic, including on-line order forms), if any, in which you apply for or make changes to Services and may include the length of time you will subscribe to a Service, rate plans, access charges, fees, taxes and surcharges.
2. Agreement and Acceptance. This Agreement incorporates by reference and you agree to be bound by the following, in this order of priority AND INCLUDING ANY CHANGES (SEE SECTION 23 BELOW): 1) the product (plan)-specific terms and conditions, including any Promotional Terms (see Section 27 herein and Your Bill Messages) and any additional agreements associated with such products; 4) the Service Order, if any; 5) any relevant click-through agreement for the Services you received; 6) these Terms and Conditions (“Terms”); 7) the Acceptable Use Policy .
You accept this Agreement when you do any of the following: (a) give us your written or electronic signature, (b) tell us orally or electronically that you accept (i.e., by clicking the “I Accept” button for on-line purchases or account changes), or (c) use any Services. If you have never used the Services before and do not wish to be bound by this Agreement, do not begin using them and notify us immediately. By accepting this Agreement, you acknowledge that you are 18 years of age or older, are competent to enter into a contract with us, and are authorized to obtain Services or make changes to an existing account. You may obtain a copy of these Terms and any product-specific Terms and Conditions by emailing us at email@example.com
. This Agreement supersedes any and all statements or promises made to you by any of our employees or agents. If you are a business customer with an existing contract, those contract terms will control.
3. Charges for Services and Taxes, Fees and Surcharges.You are responsible for paying all charges applicable to Services provided to you including, but not limited to, monthly recurring charges (“MRCs”), access charges, features, changes and moves to Services, on-site visits and no-show charges, IP address charges, billing charges, credit card surcharges, toll, long distance, and directory assistance, and any other usage-based charges at our current rates when used. In addition to the monthly recurring and usage-based charges, taxes, fees, surcharges, assessments and other charges apply to all Services, including how those may change in the future. In certain service areas paper bills are available for a monthly charge.
As a convenience to you, Company may include charges for third party services on your monthly bill. You should always review your bill carefully and contact the Company if you are unsure about a charge on your bill. Company also offers the ability to block third party charges from your monthly bill. This service is optional and free of charge, and if you are interested in adding a third party block to your account, call a Company representative at the number found at the top right hand corner of your statement to determine if your account is eligible. The block does not apply to Services provided by Crowdpurr.com or its affiliates to which you subscribe.
4. Billing and Payment; Rate Increases. We will bill you the recurring rates you were quoted for Services or those associated with the Services you use or ordered, with increases on notice. All recurring charges are billed one month in advance. Billing at a location will begin upon the earlier of (i) the Signup Date (which may be the date administrative access to certain software-based Services is granted to Customer); or (ii) 30 days after delivery of the applicable facility to the Customer premises (if the delay in connection of the facility is due to Customer or its agent); however, Company may choose to bill in full monthly increments with no proration for partial service periods when service either starts or ends in the middle of a billing cycle.
We reserve the right to back-bill you for Services actually used but not previously billed.
Payment in full is due no later than the due date indicated on your bill and we may apply a late fee and interest and other charges (including, but not limited to, collection fees) up to the maximum amount permitted by law. Returned checks, payment by phone, paper bills and other fees due to your choice of payment method or billing receipt may also be subject to fees. You agree to pay costs and fees, including but not limited to attorney fees, we incur to collect an unpaid balance from you.
Company may require you to authorize payment for Services by credit card or by debiting a bank account, and no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us for any reason.
5. Credits, Deposits and Advanced Payments. Our agreement to provide you Services is subject to credit approval. We may, in our discretion with larger projects, require you to submit a deposit as security for payment of charges or an advanced payment before we establish any Services on your behalf. In the future, an additional deposit may be required if either the amount or number of Services is increased or your credit rating changes. Simple interest will be paid on the cash deposit for the period it is held by us and will be refunded if satisfactory credit has been established or upon termination of service (if no balance is due). We reserve the right to apply the deposit to any amount due and unpaid but the payment of a deposit in no way relieves you of paying your bills in a timely manner. Regarding advanced payments, any advanced payment will appear as a credit to your first month's bill. In the future, an additional advanced payment, that will be applied to your bill, may be required if you increase your Services with us.
Fixed-Term Agreements. When you purchased your Service(s), you may have been required to commit to a term or a minimum purchase. EITHER YOU OR WE MAY ELECT NOT TO RENEW YOUR SERVICE BY PROVIDING NOTICE TO THE OTHER NO LATER THAN THIRTY (30) DAYS PRIOR TO EXPIRATION OF THE FIXED TERM. IF NEITHER YOU NOR WE DELIVER A TIMELY NOTICE NOT TO RENEW, THE SERVICES WILL RENEW ON A MONTH-TO-MONTH BASIS. IF WE TERMINATE FOR CAUSE PURSUANT TO SECTION 7 BELOW, YOU WILL BE REQUIRED TO PAY TO US AS LIQUIDATED DAMAGES AN AMOUNT EQUAL TO 100% OF THE MONTHLY RECURRING CHARGES (“MRCS”) MULTIPLIED BY THE NUMBER OF MONTHS REMAINING IN THE THEN CURRENT TERM. OR IF YOU TERMINATE OR DISCONNECT LESS THAN THE ENTIRETY OF YOUR SERVICES SUCH THAT YOUR ACTUAL USAGE AT A LOCATION FALLS BELOW ANY MINIMUM MONTHLY CHARGE (“MMC”) OR MINIMUM MONTHLY FEE (“MMF”) FOR THAT LOCATION, YOU AGREE TO PAY AN AMOUNT EQUAL TO THE MMC OR MMF FOR EVERY MONTH REMAINING IN THE THEN CURRENT TERM (“LIQUIDATED DAMAGES”).
YOU AGREE THAT IN THE EVENT OF TERMINATION BY YOU, THE ACTUAL DAMAGE TO CROWDPURR.COM IS DIFFICULT TO ASCERTAIN AND THAT THE EARLY TERMINATION FEE REPRESENTS LIQUIDATED DAMAGES AND NOT A PENALTY AND IS A REASONABLE ESTIMATE OF THE ACTUAL REDUCTION IN THE VALUE OF THIS AGREEMENT THAT WE WILL SUSTAIN.
Month-to-Month Agreements. If no length of time is identified on the Service Order or you were not otherwise required to commit to a term, then the term is month-to-month and you or we may terminate at any time by providing notice at least thirty (30) days prior to the effective date of termination. You remain liable for payment of all outstanding charges for all Services you used prior to termination and you will be charged for the full last month of Service with no proration or credit if you terminate Service prior to the last day of your billing cycle.
6. Termination by Us. Provisioning of the Service is subject to the availability of the requisite facilities. We may limit, interrupt, terminate or refuse to provide a Service if: (a) you do not honor any provision of this Agreement; (b) you use a Service in a manner that adversely affects other customers or harasses them, our employees, or others; (c) you use Service to engage in fraud or unlawful conduct or are suspected of doing so; (d) you modify your phone or any software residing thereon from the original manufacturer specifications, including for the purpose of accessing non-Crowdpurr.com services; (e) you use Service in a manner that is excessive or unreasonable when compared to the predominant usage patterns of other customers on a similar service plan in your geographic area (and we may also implement charges or change you to the appropriate rate plan consistent with such use); (f) resell any Service; (g) for any other reason set forth in the relevant tariffs and price lists or terms and conditions; (h) you do not pay any amount to us or billed by us on behalf of others, including disputed amounts that Crowdpurr.com determines are valid charges on your bills; (i) facilities or property associated with providing the Services have been condemned or use has been prohibited by the government in any manner; (j) you are insolvent, have made an assignment for the benefit of credits or you have filed or had filed against you a petition for bankruptcy; or (l) we determine in our sole discretion that facilities are not technically or economically feasible. We may restore such interrupted or terminated Service, in our sole discretion, following your correction of the violation and payment of any amounts due, including any restoration charge we assess for restoring your Service.
7. Personal Identifiers. We assign telephone numbers, e-mail addresses, IP addresses, and other personal identifiers in connection with the Services. You have no proprietary right to any such identifiers, and we reserve the right to change them upon notice to you. In the event that we allow you to transfer a personal identifier to another party to obtain any Services we provide you, we reserve the right, prior to honoring the request for transfer, to charge a fee for the transfer and to collect any money owed for Services.
8. Disputed Bills. You must review bills in a timely manner. To dispute a bill, you must comply with the dispute resolution provisions in Section 10 and submit your dispute, in writing, within 60 days after the date on the bill. You must pay any undisputed portion while your dispute is investigated. You accept all charges on your bill not disputed within 60 days and must pay those charges.
9. Dispute Resolution. By utilizing Crowdpurr.com’s Services and agreeing to these Terms, you agree to the following dispute resolution procedures. You and Crowdpurr.com agree to waive any right to a trial by jury in a court of general jurisdiction and any right to participate in a class action or consolidated action regarding a dispute as defined below. Specifically, you and Crowdpurr.com agree to waive any right to pursue a dispute by joining a disputed claim with the disputed claim of any other person or entity or to assert a disputed claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration or other proceeding.
If you have a dispute with Crowdpurr.com, you should notify Crowdpurr.com’s Customer Care department at the number listed on your invoice. If the Customer Care department is unable to resolve your dispute, you must submit your dispute to us in writing by emailng us at: firstname.lastname@example.org
. You must describe your dispute and provide enough detail to allow us to understand it. You must provide any supporting documentation with your written dispute. If we have a dispute with you, we will send you a written notice to your billing address to attempt to resolve the dispute. You and Crowdpurr.com agree that a dispute is any claim or controversy related in any way to Crowdpurr.com’s Services, including charges for Services, Service Order(s) or our agreements pursuant to these Terms or any other agreements, whether the dispute arises in tort, contract, by statute or any other legal theory and whether the dispute arises under this or any prior agreement with us or arises after your Services with Crowdpurr.com are terminated.
If you and Crowdpurr.com are unable to resolve the dispute after 60 days from the date of receipt of the written dispute, you agree that either you or Crowdpurr.com shall resolve the dispute in only one of two possible ways: (1) by seeking relief in small claims court, if appropriate under the applicable court’s rules, in the city or county of the billing address reflected on your bill; or (2) by arbitration. This Section does not prohibit you from submitting any issue you have with Crowdpurr.com to any federal, state or local governmental agency or public service commission which may be able to seek relief from Crowdpurr.com on your behalf. If the dispute is regarding the charges for Services, you agree that if you do not seek relief in small claims court or by arbitration following the 60 day dispute period, then you will immediately begin paying the disputed amount that Crowdpurr.com determines is valid, plus any charges that were not paid during the 60 day dispute period, or Crowdpurr.com may terminate the Services.
Regarding arbitration, you and Crowdpurr.com specifically agree to finally resolve all disputes not filed in small claims court by arbitration that will be final and binding on both you and Crowdpurr.com, subject to any exceptions required by applicable law. The following provisions shall apply to arbitration:
- Notice: If you want to arbitrate a dispute with Crowdpurr.com after expiration of the 60 day dispute period noted above, you must file a claim with the American Arbitration Association (“AAA”). The claim must include a description of the dispute, a brief outline of previous efforts to resolve the dispute, all supporting documentation and a proposed resolution. A copy of the claim and proof of payment of the filing fee, such as a copy of the check or money order, should be sent to Crowdpurr.com at: email@example.com. Crowdpurr.com will reimburse you for the filing fee if your claim does not exceed $75,000. If Crowdpurr.com wants to arbitrate a dispute with you after expiration of the 60 day dispute period noted above, Crowdpurr.com will send a copy of its claim to your billing address.
- Applicable Law:The interpretation and enforceability of the arbitration provisions, and whether a dispute is subject to arbitration, is subject to the Federal Arbitration Act (“FAA”) only and not state law.
- Applicable Rules: Crowdpurr.com and you agree that the arbitration will be conducted by the AAA. The rules governing the arbitration proceeding will be the current Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) from the American Arbitration Association. The AAA rules are at www.adr.org or can be obtained by calling 1.800.778.7879.
- Method of Arbitration: If your claim is for $10,000 or less, Crowdpurr.com agrees that you may choose whether the arbitration will be conducted solely on the written documents submitted, by telephone or in person in the city or county of the billing address reflected on your bill. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA rules. The written documents can be the notice to arbitrate that either of us send to the other regarding arbitration and referenced above.
- Arbitration Costs and Attorney Fees: If you properly file a claim with AAA pursuant to these arbitration provisions, and the amount of your dispute does not exceed $10,000, Crowdpurr.com agrees to pay for all AAA filing, administrative and arbitrator fees (“Arbitration Costs”) and your reasonable attorney’s fees (with reasonable hourly rates and expenses to be determined by the location of the arbitration) (“Attorney Fees”) incurred by you regardless of the decision of the arbitrator, unless your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator. A portion of the payment of Arbitration Costs may be in the form of reimbursement, as you may be required to place a deposit when your notice of arbitration is filed. If the claim is found to be frivolous or improper, the AAA Rules will apply regarding payment of Arbitration Costs. If your dispute exceeds $10,000 but not $75,000, Crowdpurr.com agrees to pay all the Arbitration Costs and 50% of your Attorney Fees. For disputes of $75,000 or more, the AAA rules regarding Arbitration Costs will apply. However, Crowdpurr.com agrees to pay 50% of the Arbitration Costs, and each party will pay its own Attorney Fees incurred for disputes of $75,000 or more. Notwithstanding the foregoing, if your claim is found to be frivolous or improper (as set forth in the Federal Rules of Civil Procedure Rule 11) by the arbitrator, Crowdpurr.com will have no obligation to pay any of your Attorney Fees. If Crowdpurr.com disputes the reasonableness of any Attorney Fees, you agree that the presiding arbitrator shall determine what is a reasonable fee and his/her decision regarding Attorney Fees will be binding on both you and Crowdpurr.com. In no event shall Crowdpurr.com be entitled to an award of its Attorney Fees.
- Awards: If the arbitrator’s award is in your favor and is greater than the value of Crowdpurr.com’s last settlement offer made to you prior to selection of the arbitrator, Crowdpurr.com will pay you the amount of the arbitrator’s award or $3,000, whichever amount is greater. Crowdpurr.com also will pay your attorney’s reasonable fees, including expenses, or $2,500, whichever amount is greater.
- Injunctive relief: If you seek declaratory or injunctive relief in the arbitration, the arbitrator may award such relief only to the extent necessary to provide relief warranted by your individual claim.
- Consolidation: The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Confidentiality: Any arbitration shall remain confidential. During the arbitration, the amount of any settlement offer made by Crowdpurr.com or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Crowdpurr.com is entitled. Neither you nor Crowdpurr.com may disclose the existence, content or result of any arbitration or award, except as may be required by law, or to confirm and enforce an award.
- Exceptions: Nothing in this Section shall prevent Crowdpurr.com from issuing notices, including take-down notices for alleged trademark or copyright infringement pursuant to the Digital Millennium Copyright Act, or termination of Service pursuant to Crowdpurr.com’s Acceptable Use Policy for your abuse of your internet access Services. Nothing in this Section shall prohibit Crowdpurr.com from filing a lawsuit in a court of general jurisdiction to collect outstanding balances for unpaid Services, or any other type of charge owed on your account, or for the theft of any Services by you. This Section is intended to resolve outstanding disputes between us and not to collect a debt owed by you to Crowdpurr.com.
- Limitation of Liability: This Section is subject to the Limitation of Liability Section in these Terms and Conditions.
- Limitations Period: Any dispute must be brought by you or Crowdpurr.com within two years after the date the basis for the claim or dispute first arises.
Notwithstanding any provision in these Terms and Conditions to the contrary, you and Crowdpurr.com agree that if Crowdpurr.com makes any future change to this arbitration provision (other than a change to the notice addresses), you may reject any such change by sending Crowdpurr.com written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any such change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
If the provisions concerning the waiver of the class or consolidated actions, or the provisions regarding mandatory arbitration, are deemed unenforceable or void as a matter of law, you and Crowdpurr.com agree that all claims will be brought in a court of general jurisdiction and not resolved through arbitration. YOU AND CROWDPURR.COM WAIVE, THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR THE SERVICES PROVIDED BY US.
10. Services Provided by Third Parties. The Services will be provided either by us or by our third party vendors or contractors. We reserve the right to change or modify the source of any Services provided to you without notice.
11. Privacy and Customer Proprietary Network Information. You authorize us to monitor and record communications to us regarding your account or the Services for purposes of quality assurance. For on-line orders, we may implement reasonable procedures including, but not limited to, validating information provided by you or restricting the amount of Services purchases online. We reserve the right to cancel or reject on-line orders at any time for security or privacy reasons.
To provide Services to you, we maintain certain customer proprietary network information (“CPNI”). CPNI includes information that relates to the quantity, technical configuration, type destination, location and amount of use of any telecommunications service we provide to you, and which we obtain because of the carrier-customer relationship between us. CPNI also includes information contained in your bill. We may use and share your CPNI without your permission for the following purposes:
- To protect the rights or property of us or other customers or carriers from fraudulent, abusive, or unlawful use of or subscription to the Services you get from us;
- To initiate, render, bill and collect for your Services;
- To provide information telemarketing, referral, or administrative services to you when you call us if you give us permission to do so;
- To provide call location information regarding the user of a wireless mobile service to certain other parties in an emergency situation;
- To provide information requested by law enforcement or a third party pursuant to a subpoena or other method of requesting information. We will not give you notice of any subpoena or court or administrative orders related to your account, IP address, contact information or use of Services unless required to do so by law.
When you view your account information or shop for Services on-line, you agree that we may display your CPNI on-line after proper verification by you to fill orders or allow you to make account changes.
12. Theft and Fraud.You agree to keep all passwords, Member ID’s, IP addresses, and computer names confidential. If your Services are lost or stolen or fraudulently used, then you are responsible for all usage incurred before we receive notice from you of such loss or theft. If we choose to pursue investigation or prosecution of the loss or theft, you agree to cooperate in the investigation of fraud or theft and to provide us with such information and documentation as we may request (including affidavits and police reports).
13. LIMITATION OF LIABILITY. FOR PURPOSES OF THIS SECTION, DISCLAIMER OF WARRANTIES AND EMERGENCY/CRITICAL LINES SECTIONS, “OUR” OR “WE” INCLUDES CROWDPURR.COM’S OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, SUBCONTRACTORS, VENDORS AND ANY ENTITY ON WHOSE BEHALF THE COMPANY RESELLS SERVICES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY ACCIDENT OR INJURY CAUSED BY SERVICES OR ANY DAMAGE OR LOSS RESULTING FROM THE MAINTENANCE OR REMOVAL OF THE SERVICES, ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS, LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOSS OF BUSINESS DATA), ANY PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICE OR FOR ANY SERVICE INTERRUPTIONS, DELAY OR FAILURE TO PERFORM UNDER THIS AGREEMENT DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO, STRIKES, LOCKOUTS, OTHER LABOR UNREST, NATURAL DISASTERS, ACTS OF GOD, CABLE CUTS OR COMMON CARRIER DELAYS. YOU AGREE THAT THE PRICING OF SERVICES REFLECTS THE INTENT OF BOTH YOU AND US TO LIMIT OUR LIABILITY AS PROVIDED HEREIN. 19. DATA SERVICES. YOU ACKNOWLEDGE THAT THE INTERNET IS A VOLATILE ENVIRONMENT AND WE ARE NOT LIABLE FOR CONFIDENTIAL INFORMATION STORED ON OR TRAVERSING OUR NETWORK. YOU MUST TAKE ALL APPROPRIATE PRECAUTIONS TO SECURE CONFIDENTIAL INFORMATION INCLUDING ENCRYPTING IF YOU DEEM NECESSARY. 20. DISCLAIMER OF WARRANTIES. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY ARISING BY COURSE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, ANY WARRANTY THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR ANY WARRANTY REGARDING THE QUALITY, CONTENT, ACCURACY OR VALIDITY OF THE INFORMATION OR DATA RESIDING ON OR PASSING THROUGH OR OVER THE NETWORK. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, BROADBAND SPEEDS, TRANSMISSION QUALITY, NETWORK SECURITY OR RELIABILITY, AND ACCURACY OF ANY DIRECTORY LISTINGS ARE NOT GUARANTEED. NO ORAL OR WRITTEN ADVICE OR INFORMATION BY COMPANY’S EMPLOYEES, AGENTS OR CONTRACTORS SHALL CREATE A WARRANTY, AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION. Crowdpurr.com DOES NOT GUARANTEE YOUR SERVICE CAN OR WILL BE INSTALLED BY A PARTICULAR DATE.
14. Indemnification.You agree to indemnify and hold Crowdpurr.com and its subsidiaries, affiliates, officers, agents, co-branders, licensors or other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, including, without limitation the Acceptable Use Policy, or your violation of any rights of another. You acknowledge that you are responsible for all use of the Service using your account, including use by subaccounts, and that this Agreement, including, without limitation, the Acceptable Use Policy and Privacy Policies, as amended from time to time, apply to any and all usage of your account, including use by subaccounts. You agree to abide by these terms and you agree to defend, hold harmless and indemnify Crowdpurr.com from and against any and all claims stemming from usage of this account and any subaccounts,whether or not such usage is expressly authorized by you.
15. Changes to these Terms and Conditions. We may change these Terms, including any change in any charge or fee, or the imposition of a new charge or fee, at any time if we give you notice of the change. If we make a change to these Terms and Conditions that is material and you do not wish to accept such material change, you may terminate the affected Service by giving us 30 days notice, in which case you will not be subject to an early cancellation fee. You will, however, still be responsible for all charges for Services provided before you terminated your Agreement. A material change is ONLY a change that (a) terminates or substantially reduces the availability of a Service for you or (b) results in the increase of any charge by more than 10% of the monthly access charge for that Service. Material changes in your Service DO NOT include the increase in, or imposition of: (1) any charge required to be collected by any governmental authority, such as taxes or surcharges, or (2) any charge not prohibited by any governmental authority to recoup our expense incurred to comply with a governmental requirement.
As noted in Section 10, if Crowdpurr.com makes future changes to the arbitration provision in that Section (other than a change to the notice addresses), you may reject this change by sending Crowdpurr.com written notice within 30 days of the change to the Arbitration Notice Address. By rejecting the change, you agree that you will arbitrate any dispute between us in accordance with the language in Section 10 existing prior to the change.
16. Applicable Law.Your Agreement and our provision of Services to you are subject to (a) the laws of the state identified in the billing address that you have provided us and (b) any applicable federal laws including, but not limited to, the Federal Arbitration Act, 9 U.S.C. § 1 et seq. In the event of an inconsistency between any governmental requirement and these Terms regarding the provision of a Service that is subject to the governmental requirement, the provisions of the governmental requirement will apply to the extent necessary to avoid the inconsistency.
17. Assignment. We may assign this Agreement to another entity without any advance consent from or notice to you. You may not assign this Agreement without our consent.
18. No Waiver, Severability.If we do not enforce any right or remedy available under this Agreement, that failure is not a waiver. If any part of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in force.
19. Product Plan - Specific Terms and Conditions (alphabetically)
Product Descriptions generally can be found at www.Crowdpurr.com.com. Some Services have certain system requirements (i.e., Online Backup, Security Suite and TechHelp). Please see the relevant product description for details.
Credit Card Acceptance. Credit card processing services are NOT provided by us and are instead provided by a third party vendor, with which you may be required to enter an agreement. We do not in any way provide credit card processing services, and we are not liable for, nor do we make any representation or warranty regarding the vendor’s services. You are solely responsible for any applicable Payment Card Industry security and other standards applicable to accepting credit cards.
Identity Protection. Crowdpurr.com partners with a third party vendor to provide service. As a result of this, you may be required to accept certain terms and conditions of the service as required by the third party. Crowdpurr.com reserves the right to alter the service in any way including, but not limited to changing the third party provider of the service or discontinuing this service at any time.
Online Backup. Crowdpurr.com partners with a third party vendor to provide service. As a result of this, you may be required to accept certain terms and conditions of the service as required by the third party. The purchase and use of service requires you to be an active Crowdpurr.com residential or small business High-Speed Internet customer. Service is intended for the backup of laptops or PCs and does not support stand-alone or network servers. Minimum system requirements: Windows XP SP3or higher, Windows Vista SP1 or higher and Internet Explorer 6.0 or later. This service is activated through the Crowdpurr.com Service Agent. Crowdpurr.com reserves the right to alter the service in any way including but not limited to changing the third party provider of the service or discontinuing this service at any time.
Los Angeles, California 90069
United States of America
Updated on 2016-07-18