Terms and Conditions

 

These Terms and Conditions of Use govern your use, and apply to the entire contents of, the Crystal Flash website under the domain name https://www.crystalflash.com, including but not limited to the data or other results obtained using services or tools made available thereon (collectively, the “Website”). Please read these Terms and Conditions of Use (hereinafter referred to as “Terms and Conditions”) carefully before using this Website. By accessing, browsing, or using our Website or any links, services, or tools through our Website, you are agreeing to all of these Terms and Conditions in their entirety.

 

1. General

This Website is owned and operated by Crystal Flash, a Michigan ESOP company. Unless indicated otherwise, we use the terms “Crystal Flash”, “we” and “us” on this Website and in these Terms and Conditions and other posted policies to refer to Crystal Flash.

 

2. Changes

We reserve the unilateral right to change these Terms and Conditions, in whole or in part, at any time. Any such changes will take effect immediately when posted on the Website. You should check this page regularly to take notice of any changes we may have made to the Terms and Conditions.

 

3. Intellectual Property

3.1 Unless expressly stated otherwise on the Website, you should assume that all content, images, and materials appearing on or available through the Website (collectively the “Content”) are and shall remain the sole property of Crystal Flash and/or its licencors. Both United States and international copyright laws and treaties protect such Content. You may not use, reproduce, display, or sell any Content without our prior written consent. You may not use any Content without our prior written consent.

3.2 You acknowledge and agree that the Content is made available for your personal non-commercial use only and that you may only download such Content for the purpose of using this Website. You also acknowledge that any other use of the Content is strictly prohibited and you agree not to (and agree not to facilitate or assist any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, or create derivative works of such Content.

3.3 The trademarks, logos, and service marks displayed on the Website (collectively, the “Marks”) belong to Crystal Flash and/or our affiliates or third parties which have licensed those rights to Crystal Flash; Crystal Flash and such third parties respectively retain all rights to the Marks and nothing in this Agreement grants you or anyone else any right whatsoever to the use of the Marks. You may not use, reproduce, or display any Marks without their respective owner’s prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

 

4. Restrictions on Use

You are specifically restricted from all of the following:

  1. publishing, selling, sub-licensing and/or otherwise commercializing any Content;
  2. using this Website in any way that is or may be damaging to this Website;
  3. using this Website in any way that impacts user access to this Website, or which otherwise imposes an unreasonable or disproportionately large load on the Crystal Flash infrastructure;
  4. using this Website contrary to applicable laws and regulations or these Terms and Conditions, or in any way that may cause harm to Crystal Flash or to any person or business entity;
  5. engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website;
  6. using any robot, spider, or other automated device, process, or means to access this Website;
  7. entering or uploading any data or using any services available through this Website without the authorization of the owner of any related intellectual property or other rights relating to such use, including but not limited to domain name, e-mail, or privacy rights;
  8. incorporating any portions of this Website or any related services, including data obtaining using such services, into your own website;
  9. using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you. Crystal Flash may further restrict access by you to this Website, in part or in whole, at any time, in its sole and absolute discretion.

 

5. NO WARRANTIES

THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY TOOLS, SERVICES, OR INFORMATION THAT YOU MAY ACCESS THROUGH THE WEBSITE ARE PROVIDED AS-IS. CRYSTAL FLASH  DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT OR ANY TOOLS PROVIDED ON OR THROUGH THE WEBSITE.  WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT ANY CONTENT, INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE WEBSITE WILL BE FREE OF VIRUSES, “WORMS”, “TROJAN HORSES”, OR OTHER HARMFUL COMPONENTS.

 

6. Limited Liability

We do not accept, and hereby exclude to the fullest extent permissible under applicable law, any liability for any loss of data, profit, revenue, or business or for any indirect or consequential loss or damage however caused. IN NO CASE SHALL CRYSTAL FLASH, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, OR THE DEVELOPERS OF ANY TOOLS OR MATERIALS YOU USE ON THIS WEBSITE, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR OTHERWISE RELATING TO THIS WEBSITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED CRYSTAL FLASH ABOUT SUCH DAMAGES. SOME COUNTRIES, STATES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH COUNTRIES, STATES, OR JURISDICTIONS, OUR AND THEIR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE CRYSTAL FLASH, ITS SUBSIDIARIES AND AFFILIATED COMPANIES, THE DEVELOPERS OF ANY TOOLS OR MATERIALS YOU USE ON THIS WEBSITE, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS FROM ANY AND ALL OBLIGATIONS, LIABILITY, AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS. OUR AND THEIR TOTAL LIABILITY FOR BREACH OF WARRANTY ARISING OUT OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY IN TORT, OR ANY OTHER CLAIM RELATING TO THIS AGREEMENT OR YOUR USE OF ANY TOOLS OR MATERIALS ON THE WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNTS PAID BY YOU TO US, BUT IN NO EVENT TO EXCEED $500.

 

7. Your Indemnification of Crystal Flash

You agree that you shall fully defend and indemnify Crystal Flash, its subsidiaries and affiliated companies and their respective officers, directors, owners, agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines penalties, costs and expenses, attorneys’ fees, arbitration fees, mediation fees, expert expenses, and all other consequences of every kind, directly or indirectly resulting from any and all failure(s) of you or your agent(s) to fully comply with all duties, obligations, and other provisions set forth in this Agreement, including, but not limited to, your warranties or your violation of a third party’s intellectual property rights. You further agree to defend, indemnify, and hold harmless Crystal Flash, its subsidiaries and affiliated companies and their respective its officers, directors, owners, agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, loses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable attorneys’ fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by any act or omission of you or your agents in connection with the performance of this Agreement. You agree that Crystal Flash shall have the right to participate in the defense of any such claim through counsel of its own choosing at your expense.

 

8. Governing Law and Dispute Resolution

8.1  This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania and, where applicable, the federal law of the United States of America, without regard to conflicts of law principles.

8.2 ANY AND ALL DISPUTES AS TO THE INTERPRETATION OF OR ANY PERFORMANCE UNDER THIS AGREEMENT WHICH ARE NOT FIRST RESOLVED INFORMALLY, SHALL BE DETERMINED BY BINDING ARBITRATION IN PHILADELPHIA, PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) AND IN ACCORDANCE WITH THE RULES OF AAA. Any award arising out of such arbitration shall be subject to entry as a judgment by any court of competent jurisdiction in the United States. Any action to confirm or vacate such an award must be brought in either the Court of Common Pleas of Philadelphia, Pennsylvania or the United States District Court for the Eastern District of Pennsylvania. You consent to personal jurisdiction and venue in such courts and you waive any challenge to personal jurisdiction or venue in such courts. You further agree that we shall be entitled to collect our attorneys’ fees, costs and other expenses in the event that we act to enforce this arbitration and forum selection clause, regardless of whether we prevail in the underlying action. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Commonwealth of Pennsylvania and the federal law of the United States of America. There are no exceptions to these mandatory arbitration provisions except as set forth in Sections 8.3.

8.3 Nothing in Section 8.2 shall preclude us from: (i) seeking and obtaining any injunctive relief or attachment and expedited discovery or other equitable relief to enforce the terms of this Agreement or to remedy a breach thereof, or (ii) bringing an action to enforce this Agreement or the provisions hereof in the event AAA will not or cannot arbitrate a particular dispute. Any action under this Section 8.3 may be brought in either the United States District Court for the Eastern District of Pennsylvania or the Common Pleas Court of Philadelphia County Pennsylvania, and each party consents to the in personam jurisdiction of such Courts for the purpose of any such action or proceeding. Each party hereby waives all rights it has or which may hereafter arise to contest such exclusive jurisdiction of the United States District Court for the Eastern District of Pennsylvania or the Common Pleas Court of Philadelphia County Pennsylvania.

8.4 In addition to the foregoing, YOU HEREBY AGREE THAT AS A PART OF THE CONSIDERATION FOR THIS AGREEMENT, YOU WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE ARISING BETWEEN YOU AND US THAT IS IN ANY WAY RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, and that such waiver shall be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this paragraph are waived.  Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to this Agreement, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. YOU AND WE ACKNOWLEDGE THAT THIS SECTION 8.4 WAIVES ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLASS ACTION.

 

9. Miscellaneous Provisions

9.1 All contracts shall be concluded in English.

9.2 If any of these Terms and Conditions are found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.

9.3 This Agreement and the rights pertaining hereto may not be assigned, resold, or otherwise transferred in whole or in part by you without our prior written consent, which may be withheld for any or no reason. Notwithstanding the above, this Agreement shall be binding upon your successors and assigns, if any. We may assign or license any or all of our rights and/or obligations here under in our free, sole, and unfettered discretion.

9.4 We will not be responsible to you for any delay or failure to comply with our obligations under these Terms and Conditions if the delay or failure arises from any cause beyond our reasonable control.

9.5 If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in other situations where you are in breach.

9.6 This Website also contains links to other websites, which are not operated by Crystal Flash (the “Linked Sites”). Crystal Flash has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites is at your own risk and will be subject to the terms of use and service contained within each such site, if any.

9.7 We use reasonable efforts to ensure that our Website is free from viruses and other malicious or harmful content. However, we cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including anti-virus software) to use this Website safely. Except as may be required by applicable law, Crystal Flash shall not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via our Website.

9.8  We endeavor to ensure that the Website remains available at all times. However, we cannot guarantee that the Website will operate continuously. We therefore cannot accept any liability for any failure or non-availability of the Website.

9.9 Nothing in this Agreement is intended to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Crystal Flash and you, nor shall anything in this Agreement be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Crystal Flash and you.

9.10 Please review our other policies posted on this site. These policies also govern your visit to the Website.

9.11 This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral between us and you related to the subject matter hereof. No officer, employee or representative of Crystal Flash or you has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement, and we and you hereby acknowledge and agree that neither we nor you have entered into this Agreement in reliance upon any such representation or promise.

 

© 2019 Crystal Flash. All Rights Reserved.

Last Revised: March 03, 2019