TERMS OF SERVICE AGREEMENT

 

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND
BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE
TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
03/27/2017.

 

ACCEPTANCE OF TERMS

 

The following Terms of Service
Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship
with our users and others which may interact or interface with David Crandall Website,
also known as David Crandall, in association with the use of the David Crandall website, which includes www.davidcrandall.com, (the “Site”) and its Services,
which shall be defined below.

 

DESCRIPTION OF WEBSITE SERVICES OFFERED

 

The Site is an e-commerce website blog, e-commerce, and marketing website which has the
following description:

 

Sell in-house designed goods, and advertise & provide marketing services such as web and graphic design, photography, and the like.

 

Any and all visitors to our site, despite whether they are registered
or not, shall
be deemed as “users” of the herein contained Services provided for the purpose of
this TOS. Once an individual
register’s for our Services, through the process of creating an account, the user
shall then be considered a “member.”

 

The user and/or member acknowledges and agrees that the Services
provided and made available through our website and applications, which may
include some mobile applications and that those applications may be made
available on various social media networking sites and numerous other platforms
and downloadable programs, are the sole property of David Crandall. At its discretion, David Crandall may offer
additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all
additional Services and/or products and any and all updated, modified or
revised Services unless otherwise stipulated. David Crandall does
hereby reserve the right to cancel and cease offering any of the aforementioned
Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that David Crandall shall not be held liable for any such updates, modifications, revisions,
suspensions or discontinuance of any of our Services and/or products. Your
continued use of the Services provided, after such posting of any updates,
changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement
and any and all applicable terms and policies should be made by you to ensure
you are aware of all terms and policies currently in effect. Should you not
agree to the updated, revised or modified terms, you must stop using the
provided Services forthwith.

 

Furthermore, the user and/or
member understands,
acknowledges and agrees that the Services offered shall be provided “AS IS” and
as such David Crandall shall not assume any responsibility or
obligation for the timeliness, missed delivery, deletion and/or any failure to
store user content, communication or personalization settings.

 

REGISTRATION

 

To register and become a “member” of the
Site, you must be at least 18 years of age to enter into and form a legally
binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving David Crandall‘s
Services under the laws and statutes of the United States or other applicable
jurisdiction.

 

When you register,
David Crandall may collect information such as your name,
e-mail address, birth date, gender, mailing address, occupation, industry and
personal interests. You can edit your
account information at any time. Once you register with David Crandall and sign in to our Services, you are no longer anonymous to us.

 

Furthermore, the registering party
hereby acknowledges, understands and agrees to:

 

a)
furnish factual, correct, current and
complete information with regards to yourself as may be requested by the data
registration process, and

 

b)
maintain and promptly update your
registration and profile information in an effort to maintain accuracy and
completeness at all times.

 

If anyone knowingly provides any
information of a false, untrue, inaccurate or incomplete nature, David Crandall will have sufficient grounds and rights to suspend or terminate the member in
violation of this aspect of the Agreement, and as such refuse any and all
current or future use of David Crandall Services, or any portion
thereof.

 

It is David Crandall‘s
priority to ensure the safety and privacy of all its visitors, users and
members, especially that of children. Therefore, it is for this reason that the
parents of any child under the age of 13 that permit their child or children
access to the David Crandall website platform Services must
create a “family” account, which will certify that the individual creating the
“family” account is of 18 years of age and as such, the parent or legal
guardian of any child or children registered under the “family” account. As the
creator of the “family” account, s/he is thereby granting permission for
his/her child or children to access the various Services provided, including,
but not limited to, message boards, email, and/or instant messaging. It is the
parent’s and/or legal guardian’s responsibility to determine whether any of the
Services and/or content provided are age-appropriate for his/her child.

 

PRIVACY POLICY

 

Every member’s registration data and
various other personal information are strictly protected by the David Crandall Online
Privacy Policy (see the full Privacy Policy at https://www.davidcrandall.com/privacy/). As a
member, you herein consent to the collection and use of the information
provided, including the transfer of information within the United States and/or
other countries for storage, processing or use by David Crandall and/or our subsidiaries and affiliates.

 

MEMBER ACCOUNT, USERNAME,
PASSWORD AND SECURITY

 

When you set up an
account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password
and for all activities that transpire on or within your account. It is your
responsibility for any act or omission of any user(s) that access your account
information that, if undertaken by you, would be deemed a violation of the TOS.
It shall be your responsibility to notify David Crandall immediately
if you notice any unauthorized access or use of your account or password or any
other breach of security. David Crandall shall not be held liable for
any loss and/or damage arising from any failure to comply with this term and/or
condition of the TOS.

 

CONDUCT

 

As a
user or member of the Site, you herein acknowledge, understand and agree that
all information, text, software, data, photographs, music, video, messages, tags
or any other content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole responsibility of the individual from whom
the content originated. In short, this means that you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the David Crandall Services, and as
such, we do not guarantee the accuracy, integrity or quality of such content.
It is expressly understood that by use of our Services, you may be exposed to
content including, but not limited to, any errors or omissions in any content
posted, and/or any loss or damage of any kind incurred as a result of the use
of any content posted, emailed, transmitted or otherwise made available by David Crandall.

 

Furthermore,
you herein agree not to make use of David Crandall‘s Services for the
purpose of: uploading,
posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable; causing
harm to minors in any manner whatsoever;  impersonating
any individual or entity, including, but not limited to, any David Crandall officials, forum leaders, guides or hosts or falsely stating or otherwise
misrepresenting any affiliation with an individual or entity;  forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary relationship with; uploading,
posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or
intellectual rights of any other party;  uploading,
posting, emailing, transmitting or otherwise offering any content that you do
not personally have any right to offer pursuant to any law or in accordance
with any contractual or fiduciary relationship;  uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other
form of solicitation, except in any such areas that may have been designated
for such purpose;  uploading,
posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs
which have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment;  disrupting
the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time
interactions;  interfering with or disrupting any David Crandall Services, servers and/or networks
that may be connected or related to our website, including, but not limited to,
the use of any device software and/or routine to bypass the robot exclusion
headers;  intentionally or unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines, and/or
regulations decreed by the U.S. Securities and Exchange Commission, in addition
to any rules of any nation or other securities exchange, that would include
without limitation, the New York Stock Exchange, the American Stock Exchange,
or the NASDAQ, and any regulations having the force of law;  providing
informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States
government as a “foreign terrorist organization” in accordance to Section 219
of the Immigration Nationality Act;)   “stalking” or with the intent to otherwise harass
another individual; and/or collecting
or storing of any personal data relating to any other member or user in
connection with the prohibited conduct and/or activities which have been set
forth in the aforementioned paragraphs.

 

David Crandall herein reserves the right to pre-screen, refuse and/or delete any content
currently available through our Services. In addition, we reserve the right to
remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other
visitors, users and/or members.

 

David Crandall herein reserves the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in good faith
belief that any such action is deemed reasonably necessary for:

 

a)
compliance
with any legal process;

 

b)
enforcement
of the TOS;

 

c)
responding
to any claim that therein contained content is in violation of the rights of
any third party;

 

d)
responding
to requests for customer service; or

 

e)
protecting
the rights, property or the personal safety of David Crandall, its
visitors, users and members, including the general public.

 

David Crandall herein reserves the right to include the use of security components that may
permit digital information or material to be protected, and that such use of
information and/or material is subject to usage guidelines and regulations
established by David Crandall or any other content providers
supplying content services to David Crandall. You are hereby
prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction,
publication, distribution, or exhibition of any information or materials
supplied by our Services, despite whether done so in whole or in part, is
expressly prohibited.

 

INTERSTATE COMMUNICATION

 

Upon registration, you hereby
acknowledge that by using www.davidcrandall.com to send electronic
communications, which would include, but are not limited to, email, searches,
instant messages, uploading of files, photos and/or videos, you will be causing
communications to be sent through our computer network. Therefore, through your use, and thus your
agreement with this TOS, you are acknowledging that the use of this Service
shall result in interstate transmissions.

 

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT
COMPLIANCE

 

Due to
the global nature of the internet, through the use of our network you hereby
agree to comply with all local rules relating to online conduct and that which
is considered acceptable Content. Uploading, posting and/or transferring of
software, technology and other technical data may be subject to the export and
import laws of the United States and possibly other countries. Through the use
of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions
control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state
and pledge that you:

 

a)
are
not on the list of prohibited individuals which may be identified on any
government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other
government which may be part of an export-prohibited country identified in
applicable export and import laws and regulations;

 

b)
agree
not to transfer any software, technology or any other technical data through
the use of our network Services to any export-prohibited country;

 

c)
agree
not to use our website network Services for any military, nuclear, missile,
chemical or biological weaponry end uses that would be a violation of the U.S.
export laws; and

 

d)
agree
not to post, transfer nor upload any software, technology or any other
technical data which would be in violation of the U.S. or other applicable
export and/or import laws.

 

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

 

David Crandall shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor
make such content available for inclusion on our website Services. Therefore,
you hereby grant and allow for David Crandall the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:

 

a)
The
content submitted or made available for inclusion on the publicly accessible
areas of David Crandall‘s sites, the license provided to permit to
use, distribute, reproduce, modify, adapt, publicly perform and/or publicly
display said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was placed
and/or made available for viewing. This license shall be available so long as
you are a member of David Crandall‘s sites, and shall terminate at
such time when you elect to discontinue your membership.

 

b)
Photos,
audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of David Crandall‘s sites, the license
provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for
the sole purpose of providing and promoting the specific area in which this
content was placed and/or made available for viewing. This license shall be
available so long as you are a member of David Crandall‘s sites and
shall terminate at such time when you elect to discontinue your membership.

 

c)
For
any other content submitted or made available for inclusion on the publicly
accessible areas of David Crandall‘s sites, the continuous, binding
and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform
and/or publicly display said content, whether in whole or in part, and the
incorporation of any such Content into other works in any arrangement or medium
current used or later developed.

 

Those
areas which may be deemed “publicly accessible” areas of David Crandall‘s
sites are those such areas of our network properties which are meant to be
available to the general public, and which would include message boards and
groups that are openly available to both users and members.
However, those areas which are not open to the public, and thus available to
members only, would include our mail system and instant messaging.

 

 

CONTRIBUTIONS TO COMPANY
WEBSITE

 

David Crandall provides an area for our users and members to contribute feedback to our website. When
you submit ideas, documents, suggestions and/or proposals (“Contributions”) to
our site, you acknowledge and agree that:

 

a)
your contributions
do not contain any type of confidential or proprietary information;

 

b)
David Crandall shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;

 

c)
David Crandall shall be entitled to make use of and/or disclose any such Contributions in any
such manner as they may see fit;

 

d)
the
contributor’s Contributions shall automatically become the sole property of David Crandall;
and

 

e)
David Crandall is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.

 

INDEMNITY

 

All
users and/or
members herein agree to insure and
hold David Crandall, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not
liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any
third party which may arise from any content a
member or user of our
site may submit, post, modify, transmit or otherwise make available through our
Services, the use of  David Crandall Services or your connection with these Services, your violations of the Terms
of Service and/or your violation of any such rights of another person.

 

COMMERCIAL REUSE OF SERVICES

 

The
member or user herein
agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for
any commercial reason any part, use of, or access to David Crandall‘s
sites.

 

USE AND STORAGE GENERAL
PRACTICES

 

You
herein acknowledge that David Crandall may set up any such practices
and/or limits regarding the use of our Services, without limitation of the
maximum number of days that any email, message posting or any other uploaded
content shall be retained by David Crandall, nor the maximum number
of email messages that may be sent and/or received by any member, the maximum
volume or size of any email message that may be sent from or may be received by
an account on our Service, the maximum disk space allowable that shall be
allocated on David Crandall‘s servers on the member’s behalf, and/or
the maximum number of times and/or duration that any member may access our Services
in a given period of time.  In
addition, you also agree that David Crandall has absolutely no
responsibility or liability for the removal or failure to maintain storage of
any messages and/or other communications or content maintained or transmitted
by our Services. You also herein acknowledge that we reserve the right to
delete or remove any account that is no longer active for an extended period of
time. Furthermore, David Crandall shall reserve the right to modify,
alter and/or update these general practices and limits at our discretion.

 

Any
messenger service, which may include any web-based versions, shall allow you
and the individuals with whom you communicate with the ability to save your
conversations in your account located on David Crandall‘s servers. In
this manner, you will be able to access and search your message history from
any computer with internet access. You also acknowledge that others have the
option to use and save conversations with you in their own personal account on www.davidcrandall.com.
It is your agreement to this TOS which establishes your consent to allow David Crandall to store any and all communications on its servers.

 

MODIFICATIONS

 

David Crandall shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part
thereof, with or without prior notice. In addition, we shall not be held liable
to you or to any third party for any such alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.

 

TERMINATION

 

As a
member of www.davidcrandall.com, you may cancel or terminate your
account, associated email address and/or access to our Services by submitting a
cancellation or termination request to [email protected]

 

As a
member, you agree that David Crandall may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your account,
any email associated with your account, and access to any of our Services. The
cause for such termination, discontinuance, suspension and/or limitation of
access shall include, but is not limited to:

 

a)
any
breach or violation of our TOS or any other incorporated agreement, regulation
and/or guideline;

 

b)
by way
of requests from law enforcement or any other governmental agencies;

 

c)
the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;

 

d)
unexpected
technical or security issues and/or problems;

 

e)
any
extended periods of inactivity;

 

f)
any
engagement by you in any fraudulent or illegal activities; and/or

 

g)
the
nonpayment of any associated fees that may be owed by you in connection with
your www.davidcrandall.com account Services.

 

Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and or limitations of access for cause shall be made at our sole discretion and
that we shall not be liable to you or any other third party with regards to the
termination of your account, associated email address and/or access to any of
our Services.

 

The
termination of your account with www.davidcrandall.com shall include any
and/or all of the following:

 

a)
the
removal of any access to all or part of the Services offered within www.davidcrandall.com;

 

b)
the
deletion of your password and any and all related information, files, and any
such content that may be associated with or inside your account, or any part
thereof; and

 

c)
the
barring of any further use of all or part of our Services.

 

ADVERTISERS

 

Any
correspondence or business dealings with, or the participation in any
promotions of, advertisers located on or through our Services, which may
include the payment and/or delivery of such related goods and/or Services, and
any such other term, condition, warranty and/or representation associated with
such dealings, are and shall be solely between you and any such advertiser.
Moreover, you herein agree that David Crandall shall not be held
responsible or liable for any loss or damage of any nature or manner incurred
as a direct result of any such dealings or as a result of the presence of such
advertisers on our website.

 

LINKS

 

Either
David Crandall or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible
for the availability of any such external sites or resources, and as such, we
do not endorse nor are we responsible or liable for any content, products,
advertising or any other materials, on or available from such third party sites
or resources. Furthermore, you acknowledge and agree that David Crandall shall not be responsible or liable, directly or indirectly, for any such damage
or loss which may be a result of, caused or allegedly to be caused by or in
connection with the use of or the reliance on any such content, goods or Services
made available on or through any such site or resource.

 

PROPRIETARY RIGHTS

 

You do
hereby acknowledge and agree that David Crandall‘s Services and any
essential software that may be used in connection with our Services
(“Software”) shall contain proprietary and confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services
or by advertisers is protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore, except for that which is expressly permitted
by applicable law or as authorized by David Crandall or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute, transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on David Crandall Services (e.g.
Content or Software), in whole or part.

 

David Crandall herein has granted you personal, non-transferable and non-exclusive rights
and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to
duplicate, alter, modify, create or plagiarize work from, reverse engineer,
reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise
transfer any such right in the Software. Furthermore, you do herein agree not
to alter or change the Software in any manner, nature or form, and as such, not
to use any modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means
other than through the interface which is provided by David Crandall for
use in accessing our Services.

 

WARRANTY DISCLAIMERS

 

YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

 

a)
THE
USE OF DAVID CRANDALL SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS
AVAILABLE” BASIS. DAVID CRANDALL AND OUR SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 

b)
DAVID CRANDALL AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE
NO SUCH WARRANTIES THAT (i) DAVID CRANDALL SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) DAVID CRANDALL SERVICES OR
SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE DAVID CRANDALL SERVICES
OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES,
ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU
THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY
SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

 

c)
ANY
INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DAVID CRANDALL SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK,
AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR
INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.

 

d)
NO
ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE
OBTAINED BY YOU FROM DAVID CRANDALL OR BY WAY OF OR FROM OUR SERVICES
OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

 

e)
A
SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON
A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

 

LIMITATION OF LIABILITY

 

YOU EXPLICITLY
ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DAVID CRANDALL AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE
TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED
TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES,
EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY
OCCUR, AND RESULT FROM:

 

a)
THE
USE OR INABILITY TO USE OUR SERVICE;

 

b)
THE
COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

 

c)
UNAUTHORIZED
ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;

 

d)
STATEMENTS
OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

 

e)
AND
ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

 

RELEASE

 

In the
event you have a dispute, you agree to release David Crandall (and
its officers, directors, employees, agents, parent subsidiaries, affiliates,
co-branders, partners and any other third parties) from claims, demands and
damages (actual and consequential) of every kind and nature, known and unknown,
suspected or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.

 

SPECIAL ADMONITION RELATED
TO FINANCIAL MATTERS

 

Should
you intend to create or to join any service, receive or request any such news,
messages, alerts or other information from our Services concerning companies,
stock quotes, investments or securities, please review the above Sections Warranty
Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase “Let the investor beware” is
appropriate. David Crandall‘s content is provided primarily for
informational purposes, and no content that shall be provided or included in
our Services is intended for trading or investing purposes. David Crandall and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available
by way of our Services, and shall not be responsible or liable for any trading
and/or investment decisions based on any such information.

 

EXCLUSION AND LIMITATIONS

 

THERE
ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY
DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

 

THIRD PARTY BENEFICIARIES

 

You
herein acknowledge, understand and agree, unless otherwise expressly provided
in this TOS, that there shall be no third-party beneficiaries to this agreement.

 

NOTICE

 

David Crandall may furnish you with notices, including those with regards to any changes to
the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means
currently known or any which may be herein after developed. Any such notices
may not be received if you violate any aspects of the TOS by accessing our Services
in an unauthorized manner. Your acceptance of this TOS constitutes your agreement
that you are deemed to have received any and all notices that would have been
delivered had you accessed our Services in an authorized manner.

 

TRADEMARK INFORMATION

 

You
herein acknowledge, understand and agree that all of the David Crandall trademarks, copyright, trade name, service marks, and other David Crandall logos and any brand features, and/or product and service names are trademarks
and as such, are and shall remain the property of David Crandall. You
herein agree not to display and/or use in any manner the David Crandall logo or marks without obtaining David Crandall‘s prior written
consent.

 

COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

 

David Crandall will always respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and at its
sole discretion, David Crandall may disable and/or terminate the
accounts of any user who violates our TOS and/or infringes the rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been otherwise violated, you should provide to us the following
information:

 

a)
The
electronic or the physical signature of the individual that is authorized on
behalf of the owner of the copyright or other intellectual property interest;

 

b)
A description
of the copyrighted work or other intellectual property that you believe has
been infringed upon;

 

c)
A
description of the location of the site which you allege has been infringing
upon your work;

 

d)
Your physical
address, telephone number, and email address;

 

e)
A
statement, in which you state that the alleged and disputed use of your work is
not authorized by the copyright owner, its agents or the law;

 

f)
And
finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the
copyright or intellectual property owner, representative or agent authorized to
act on the copyright or intellectual property owner’s behalf.

 

The David Crandall Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:

 

 

Email:        [email protected]

 

CLOSED CAPTIONING

 

BE IT
KNOWN, that David Crandall complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning
of video content. For more information, please visit our website at www.davidcrandall.com.

 

GENERAL INFORMATION

 

ENTIRE AGREEMENT

This
TOS constitutes the entire agreement between you and David Crandall and
shall govern the use of our Services, superseding any prior version of this TOS
between you and us with respect to David Crandall Services. You may
also be subject to additional terms and conditions that may apply when you use
or purchase certain other David Crandall Services, affiliate Services,
third-party content or third-party software.

 

CHOICE OF LAW AND FORUM

It is
at the mutual agreement of both you and David Crandall with regard to
the TOS that the relationship between the parties shall be governed by the laws
of the state of California without regard to its conflict of
law provisions and that any and all claims, causes of
action and/or disputes, arising out of or relating to the TOS, or the
relationship between you and David Crandall, shall be filed within
the courts having jurisdiction within the County of Santa Clara, California or the U.S. District Court located in said state. You and David Crandall agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.

 

WAIVER AND SEVERABILITY OF TERMS

At any
time, should David Crandall fail to exercise or enforce any right or
provision of the TOS, such failure shall not constitute a waiver of such right
or provision. If any provision of this TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS remain in full force and effect.

 

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You
acknowledge, understand and agree that your account is non-transferable and any
rights to your ID and/or contents within your account shall terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be
terminated and all contents therein permanently deleted.

 

STATUTE OF LIMITATIONS

You
acknowledge, understand and agree that regardless of any statute or law to the
contrary, any claim or action arising out of or related to the use of our Services
or the TOS must be filed within 1 year(s) after said claim or
cause of action arose or shall be forever barred.

 

VIOLATIONS

 

Please
report any and all violations of this TOS to David Crandall as
follows:

 

 

Email:        [email protected]

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