Site Terms of Service

Cidrhou.se Group, LLC is a U.S. company and subject only to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, or guidelines that we provide to you) are only available in English.   Please read these Terms of Use fully and carefully before using www. CIDRBOX.com (the “Application”) and the services, features, content, applications, or products offered by CIDRBOX (“we”, “us”, “our” or “CIDRBOX”) (together with the Application, the “Services”). These Terms of Use set forth the legally binding terms and conditions for your use of the Application and the Services.


ACCEPTANCE OF TERMS OF USE

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Application, you agree to these Terms of Use and all other operating rules, policies and procedures that may be published from time to time on the Application by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference. These Terms of Use apply to all users of the Services, including, without limitation, registered and unregistered users.


ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.


You represent and warrant that you are at least 21 years of age. If you are under age 21, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.


MEMBERSHIP ACCOUNT

Membership in CIDRBOX is available to members who are 21 years and older and residents of the United States. In order to use certain Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the registration form. By using the Services, you represent that you qualify to use the Services. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You may not have more than one Account. You are prohibited from selling, trading or otherwise transferring an Account to anyone else. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify CIDRBOX of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  CIDRBOX cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. However, if CIDRBOX suffers any damage due to the unauthorized use of your Account, you may be liable.


SHIPPING

When you subscribe to cider on CIDRBOX.com, you're ordering from a third-party cider seller. Featured cider sellers can ship to a limited number of U.S. states and are unable to ship to P.O. boxes. Each cider seller operates under its own set of permits and determines which states it will ship to. See Where CIDRBOX Ships for a list of current states where CIDRBOX ships.   CIDRBOX.com does not sell alcohol to persons under the age of 21. By using this site you swear and affirm that you are over the age of 21. CIDRBOX.com makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from CIDRBOX.com is over the age of 21. You also agree that any alcohol purchased from CIDRBOX.com is intended for personal consumption and not for resale. If you do not agree with these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 21 CIDRBOX.com will prosecute you fully to the extent allowable by law.


Cider shipments may be held for up to 30 days if the weather isn't suitable for shipment. In the event of a weather hold, CIDRBOX will contact you regarding the delay. You can also contact CIDRBOX for an update. If the weather is unlikely to be suitable for shipping within 30 days, CIDRBOX reserves the right to reschedule the CIDRBOX for later delivery. You may purchase a E-Gift Card to give cider as a gift if the purchaser and the recipient are at least 21 years of age. The user of the gift card must verify their age during checkout, and be available to provide valid ID and sign for the delivery. In certain states, cider sellers may be required to verify your age before accepting your order and CIDRBOX may contact you by email to verify your date of birth. Your order must also meet the cider shipping laws of your state. We will contact you immediately if there is a problem with your order. Cider may not be purchased for resale.


CIDRBOX markets and fulfills cider to consumers as an unlicensed third party provider on behalf of the featured cider seller for the month in question. Title to, and ownership of, all cider passes from the cider seller to buyer, and buyer takes all responsibility for shipping the cider to his or her home state.  By placing an order, buyer authorizes CIDRBOX to act on buyer’s behalf in arranging for transportation of the cider at the buyer’s direction. CIDRBOX makes no representation as to the legal rights of anyone to ship or import any ciders, alcoholic beverages or other goods into any state. The buyer is solely responsible for the shipment of cider and other goods purchased and for determining the legality and the tax/duty consequences of having the cider and other goods shipped to the applicable destination.


CIDRBOX prices do not necessarily include shipping/handling charges, the cost of which varies depending on destination, number of bottles ordered and choice of delivery options. Federal law requires that we capture the signature of an individual over the age of 21 for all alcoholic cider shipments. We cannot guarantee the condition of any cider if delivery is not made on the first delivery attempt. Please be aware that orders that are not delivered on the first attempt may be held in a facility that is not temperature controlled, increasing the risk of damage.


CONTENT DEFINITION

For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.


NOTICES AND RESTRICTIONS

The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.


USE LICENSE

Subject to these Terms of Use, we grant each user of the Services a personal, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.


AVAILABILITY OF CONTENT

We do not guarantee that any Content will be made available on the Application or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any Content from the Services.   Third Party Content and Monitoring Any opinions, advice, statements, services, offers, events or other information or content expressed or made available on this CIDRBOX.com Site by third parties (including information providers and users) are those of the respective author(s) or distributor(s) and not of CIDRBOX.com. CIDRBOX.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this CIDRBOX.com Site by anyone other than authorized CIDRBOX.com employees acting in their official capacities. Notices CIDRBOX.COM will give you any necessary notices by posting them on the CIDRBOX.com Site. You authorize CIDRBOX.COM to send notices via electronic mail as well if CIDRBOX.COM decides, in its sole discretion, to do so. You agree to check the CIDRBOX.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the CIDRBOX.com Site.


Disclaimer of Warranties

ALTHOUGH CIDRBOX.COM ENDEAVORS TO PROVIDE CURRENT, ACCURATE AND RELIABLE INFORMATION ON THE CIDRBOX.COM SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE EVENTS OR THE ACCURACY, RELIABILITY OR ANY USE OF INFORMATION ON THE CIDRBOX.COM SITE. CIDRBOX.COM DOES NOT WARRANT THAT YOUR USE OF THE CIDRBOX.COM SITE, OR THE OPERATION OR FUNCTION OF THE CIDRBOX.COM SITE, ANY COMPONENT THEREOF, OR ANY PRODUCTS, SOFTWARE OR SERVICES OFFERED IN CONNECTION THEREWITH, WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT DEFECTS THEREWITH WILL BE CORRECTED; OR THAT THIS SITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF THE CIDRBOX.COM SITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE WEBSITE. CIDRBOX.COM AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CIDRBOX.COM SITE. THE CIDRBOX.COM SITE CONTENT PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS, IMPLIED OR STATUTORY WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR FITNESS FOR ANY PARTICULAR PURPOSE. Limitation of Liability IN NO EVENT SHALL CIDRBOX.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CIDRBOX.COM SITE, THE USE OR PERFORMANCE OF THE CIDRBOX.COM SITE, THE DELAY OR INABILITY TO USE THE CIDRBOX.COM SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CIDRBOX.COM SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE CIDRBOX.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CIDRBOX.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CIDRBOX.COM SITE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CIDRBOX.COM SITE. THIS SOLE AND EXCLUSIVE REMEDY IS SEPARATE AND INDEPENDENT OF ANY OTHER PROVISION THAT LIMITS CIDRBOX.COM'S LIABILITY OR YOUR REMEDIES.


RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Application; (vi) harvest or scrape any Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) otherwise take any action in violation of our guidelines and policies. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public. All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.


THIRD PARTY SERVICES

The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.   Parental Control Protections As required by the Communications Decency Act of 1996, CIDRBOX.com hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to Content that may be harmful to minors. Among the many companies that provide Internet blocking and screening software are CyberPatrol, NetNanny, and SurfWatch. CIDRBOX.com does not sponsor or endorse any of these companies or their services.


PAYMENTS AND BILLING PRE-ORDERS

By pre-ordering a CIDRBOX membership (the “Products”, individually a “Product”), you acknowledge and agree that exact product specifications are subject to change and you are contributing (i.e., making a donation) to a work in progress, not making a direct purchase. In return for your contribution, you will receive the number of Products you pre-ordered. The required contribution for each Product is listed on the Application. When you pre-order the Product, you agree to pay any amounts and fees CIDRBOX may charge you for the Product. Before you are required to make any payment, you will have an opportunity to review and accept the amount that you will be charged to you. All payments are in U.S. Dollars. We will charge the payment method you specify at the time of your contribution. You hereby authorize us to charge all sums described herein to such payment method. If you make any applicable payment with a credit card, CIDRBOX may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. CIDRBOX may change the required contribution amount for the Product from time to time by posting the changes on the Application. Please note that any payment terms presented to you in the process of using or signing up for a Product are deemed part of the Terms of Use.


BILLING

CIDRBOX uses a third-party service provider for website and payment services (the “Payment Processor”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to the Terms of Use.  CIDRBOX is not responsible for errors by the Payment Processor. By choosing to use the Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Products in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.


PAYMENT METHOD

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Account upon demand.


PAYMENT TERMS

If you order a subscription to a Product (with a monthly term, or a term of 3 months or 12 months) that auto-renews (“Subscription”), then you agree to pay the applicable price and any other recurring charges upon each auto-renewal date, until you terminate your Subscription in accordance with the directions on the Application.  Please note that if your Subscription includes a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full price.  As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on this Application, you hereby authorize, agree and assent to CIDRBOX automatically billing your credit card submitted as part of the order process for such amounts that are due.


REAFFIRMATION OF AUTHORIZATION

Your non-termination of a Subscription reaffirms that we are authorized to charge your Payment Method for that Subscription. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to sign up for the Subscription.


TERMINATION

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Application or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


COUPON CODES

We may, from time to time, offer coupon codes for purchasing the Product (a “Coupon Code”). You may only use a Coupon Code once, and only one Coupon Code may be used per order. If for any reason we suspect a fraudulent use of a Coupon Code, we reserve the right, in our sole discretion, to cancel your pre-order. Coupon Codes sent to individuals are valid for the intended recipient only. Coupon Codes are generally available for only one use. Coupon Codes are not valid for pre-orders placed prior to receipt of, or without reference to, the Coupon Code and cannot be redeemed for cash or combined with other offers or credits. Coupon Codes are not valid for resale and have no cash value. The unauthorized reproduction, resale, modification, or trade of Coupon Codes is prohibited. Coupon Codes are void where prohibited, taxed or restricted. CIDRBOX reserves the right to change or limit Coupon Codes in its sole discretion. CIDRBOX has no liability for any problems or inability to use the Coupon Code.


GIFT CERTIFICATES

Gift Certificates must be redeemed through the CIDRBOX.com Web site, http://www.cidrbox.com, toward the purchase of products listed in CIDRBOX.com's online catalog. Gift certificates cannot be used to purchase gift certificates or gift cards, such as CIDRBOX.com Gift Certificates. Gift certificates are not redeemable for cash and cannot be returned for a cash refund, except to the extent required by law. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. The portion of your CIDRBOX.com Balance made up of Gift Certificates issued after November 1, 2016 does not expire and may be applied to your CIDRBOX.com account and applied to eligible purchases despite any stated expiration date. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. Gift certificate cash value is 1/10 of one cent. Gift certificates and their use on the CIDRBOX.com Web site are subject to CIDRBOX.com's general Terms of Service and Privacy Policy. We are not responsible for lost or stolen gift certificates. If you have any questions, please visit the CIDRBOX.com online at http://www.CIDRBOX.com/customercare. CIDRBOX.com will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is either redeemed through the CIDRBOX.com Web site or is redeemed and used to make purchases on the CIDRBOX.com Web site.


CIDRBOX.com may provide gift certificate purchasers with information about the redemption status of gift certificates. The risk of loss and title for Gift Certificate pass to the purchaser upon our electronic transmission of the Gift Certificate to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Certificate is lost, stolen or destroyed or your CIDRBOX.com Balance or any Gift Certificate is used without your permission.   CIDRBOX.COM, GIFT CERTIFICATES, INC. ("WCGC") AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.


FULFILLMENT

You agree that CIDRBOX may cancel or refund your contribution at any time prior to the date on which we ship the Product for any reason, and if CIDRBOX does so, CIDRBOX is not required to fulfill the reward.


REFUNDS

If you cancel your pre-order any time prior to the time we ship the Product as your reward, we will refund to you the amounts that you paid. After the Product(s) have shipped, if you are the original purchaser of the Product and you are not satisfied with this Product for any reason, please contact us immediately so we can resolve your concerns. We may make arrangements for a return or re-ship, if appropriate.


TAXES

Any contribution for the Product is net of any applicable Sales Tax. If the Product(s) are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to us, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify CIDRBOX for any liability or expense we may incur in connection with such Sales Tax. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence of the taxes you have paid. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that CIDRBOX is permitted to pass to its customers that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.   WARRANTY DISCLAIMER We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services; or how you may interpret or use the Content. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.


THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.


INDEMNIFICATION

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Use, or infringement by you, or any third party using your identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.


LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.   

 

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS


YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.


As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Uses must be filed within one (1) year after such claim of action arose or be forever banned.


If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.


GOVERNING LAW AND JURISDICTION

These Terms, of Use, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Illinois, including its conflicts of law rules, and the United States of America.  You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts within Chicago, Illinois.


MODIFICATION

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Application or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Use constitutes acceptance of those changes.   PRIVACY POLICY Your use of the CIDRBOX.com Site is governed by the CIDRBOX.com Privacy Policy. TERMINATION OF YOUR CIDRBOX.COM ACCOUNT CIDRBOX.com may terminate your CIDRBOX.com Account with or without cause at any time effective immediately.


MISCELLANEOUS ENTIRE AGREEMENT AND SEVERABILITY

These Terms of Use are the entire agreement between you and us with respect to the Services, including use of the Application, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.   MISPRICED PRODUCTS OR SERVICES CIDRBOX.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. CIDRBOX.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CIDRBOX.com shall immediately issue a credit to your credit card account in the amount of the charge.   MODIFICATIONS TO PRICES OR BILLING TERMS CIDRBOX.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.


FORCE MAJEURE

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.


ASSIGNMENT

These Terms of Use are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.


AGENCY

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect.


E-COMMUNICATIONS

By using the Services, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.


NO WAIVER

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.


HEADINGS

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.


CONTACT

You may contact us at support@cidrbox.com or at the following address: 

CIDRHOU.SE GROUP, LLC 

1507 E. 53rd St No 128 

Chicago, IL 60615


DATE OF LAST REVISION

November 1, 2016

 

Copyright © 2016 CIDRBOX Inc.  

All rights reserved.