Thank you for visiting the Ctoads™ website located at www.ctoads.com (the "Site"). The Site is an Internet property of Ctoads LLC ("Ctoads™," "we," "us"). You agree to the following Terms and Conditions (the "Agreement"), in their entirety, when you: 1) access or use our Site; 2) register as an interactive member ("Ctoads™ Member") of the Site; 3) register as a content producer ("Content Producer") in order to post your content for display and distribution on the Site (the "Ctoads™ Platform"); 4) register as an enhanced member ("Lister") permitted to link to products, services, job listings, offers, requests, personals and other content ("Links") within the applicable area of the Ctoads™ Platform; 5) register for one of our sweepstakes, promotional offers or contests (the "Contests"); and/or 6) purchase products, or register to purchase products ("Ctoads™ Buyer"), from the Site ("Ctoads™ Stores"). Upon your initial three (3) visits to the Site, you can maintain a temporary membership ("Temporary Membership"). Temporary Membership will enable you to utilize all of the features available to Ctoads™ Members during those three (3) initial visits; provided, however, that any Feedback (as that term is defined hereinbelow) submitted by you during your Temporary Membership will be automatically removed from the Site within one (1) hour of your posting of same unless you register as a Member, Content Producer or Lister within that one (1) hour period. Temporary Members will be subject to any and all restrictions, terms and conditions applicable to Ctoads™ Members as set forth in the Agreement. The Agreement is inclusive of the Ctoads™ Privacy Policy and any and all other applicable Ctoads™ operating rules, acceptable use policies, other policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference. Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to obtain a Ctoads™ Membership, use the Ctoads™ Platform, use the Ctoads™ Stores, become a Content Producer, become a Lister and/or use the Site in any manner or form whatsoever.
PLEASE BE ADVISED THAT IF YOU RECEIVE E-MAIL FROM CTOADS™ AND YOU DO NOT OPEN SUCH E-MAIL WITHIN TEN (10) DAYS OF RECEIPT OF SAME, CTOADS™ MAY CANCEL ANY AND ALL OF YOUR CTOADS™ ACCOUNTS AND DENY YOU ACCESS TO THE SITE. IT IS THE SOLE RIGHT OF CTOADS™ TO GRANT OR DENY ACCESS TO THE SITE TO ANYONE FOR ANY REASON WHATSOEVER, OR NONE AT ALL, WITH OR WITHOUT NOTICE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in the Agreement with respect to your use of the Ctoads™ Member services, Ctoads™ Platform, Ctoads™ Stores, Content Producer services, Lister services and/or the Site (collectively, "Ctoads™ Services"). The Agreement constitutes the entire and only agreement between you and Ctoads™ with respect to your use of the Ctoads™ Services and/or the Site and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Ctoads™ Services, the Site, the content contained herein and/or the products, services and programs provided by or through same. Ctoads™ may change the Agreement, and the scope and functionality of the Ctoads™ Services, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Ctoads™ Services and/or the Site following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Ctoads™ is not responsible or liable in any manner whatsoever for your inability to use the Site and/or Ctoads™ Services.
PLEASE BE ADVISED THAT IF YOU VISIT THE SITE ON THREE (3) SEPARATE OCCASIONS WITHOUT REGISTERING AS A CTOADS™ MEMBER, CONTENT PRODUCER OR LISTER, YOU MAY BE DENIED ACCESS TO THE SITE UNTIL SUCH TIME AS YOU REGISTER IN ONE OF THE AFOREMENTIONED CATEGORIES, IN CTOADS™ SOLE DISCRETION.
2. Requirements. The Site, Ctoads™ Services and/or Ctoads™ Platform are available only to individuals that can enter into legally binding contracts under applicable law. Without limiting the generality of the foregoing, you must be: (a) at least twenty-one (21) years of age; and (b) a natural person (no corporations, partnerships or other legal entities).
3. Description of the Site. Subject to the terms and conditions of the Agreement, end-user visitors to the Site that possess the requisite technology shall have the opportunity to view and listen to all media (downloaded, streaming or samples), software, text, images, graphics, user interfaces, audio, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, "Content") as compiled, distributed and displayed by Content Producers, Ctoads™ Members and Ctoads™. The Content shall be organized, in part, around various forums and topics for discussion and comment. The forums and topics shall encourage interaction between Ctoads™ Members and between Content Producers, by focusing on controversial subject matter and foster lively and spirited debate and argument. PLEASE BE ADVISED THAT SUCH DISCUSSIONS SHALL CONTAIN A CERTAIN LEVEL OF IRREVERENCE AND SPIRITED LANGUAGE AND SUBJECT MATTER, AND THOSE EASILY OFFENDED SHOULD NOT PARTICIPATE IN SUCH FORUMS OR OTHERWISE USE THE SITE. The Content will be organized by theme and genre to enable end-users and Ctoads™ Members to locate areas of interest and participate in associated discussions. In addition, end-users shall have the opportunity to apply for the various Ctoads™ Services as described more fully below.
The Ctoads™ Platform and other areas of the Site may contain Content, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information that is provided directly by Content Producers, Listers, Ctoads™ Members, Ctoads™ and/or other third parties, as applicable. Such Content, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information are from the applicable Content Producers, Listers, Ctoads™ Members and/or other third parties and not Ctoads™, and should not be relied upon. Such Content Producers, Listers, Ctoads™ Members and/or other third parties are solely responsible for the accuracy, completeness, appropriateness or usefulness of such materials. Ctoads™ does not represent or warrant that the Content, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information posted in the Ctoads™ Platform or otherwise by and through the Site is accurate, complete or appropriate. You understand and agree that Ctoads™ will not be responsible for, and Ctoads™ undertakes no responsibility to monitor or otherwise police such Content, comments, opinions, advice, statements, offers, products, services, requests, solicitations and other information. You agree that Ctoads™ shall have no obligations and incur no liabilities to you in connection with any such Content, comments, opinions, products, services, requests, solicitations and other information appearing in the Ctoads™ Platform or otherwise by and through the Site.
Ctoads™ does not control the information provided by Content Producers, Listers, Ctoads™ Members and/or other third parties that is made available within the Ctoads™ Platform or otherwise by and through the Site; provided, however, that representatives of Ctoads™ do, on occasion, participate in debates and/or discussions and propose topics and forums for same, and may or may not decisions as to what content is placed on the Site by others. You may find certain information, products and/or services as posted by Ctoads™, Content Producers, Listers, Ctoads™ Members and/or other third parties to be offensive, harmful, inaccurate and/or deceptive. PLEASE BE ADVISED THAT SUCH DISCUSSIONS SHALL CONTAIN A CERTAIN LEVEL OF IRREVERENCE AND SPIRITED LANGUAGE AND SUBJECT MATTER, AND THOSE EASILY OFFENDED SHOULD NOT PARTICIPATE IN SUCH FORUMS OR OTHERWISE USE THE SITE. Please use caution, common sense and safety when using the Ctoads™ Platform and/or other areas of the Site. You are solely responsible for your interactions with other Site-users including, but not limited to, Content Producers, Listers, Ctoads™ Members and/or other third parties. In the event that you have a dispute with one or more Site-users, Content Producers, Listers, Ctoads™ Members and/or other third parties, you hereby release Ctoads™ including, but not limited to, its officers, directors, members, agents, subsidiaries and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes. Ctoads™ reserves the right, but has no obligation, to monitor disputes between you and other Site-users, Content Producers, Listers, Ctoads™ Members and/or other third parties.
4. Description of the Ctoads™ Services
Ctoads™ Membership
Subject to the Ctoads™ Membership AUP (a copy of which can be located here), as well as the terms and conditions of the Agreement, by registering on the Site and receiving approval from Ctoads™, you can obtain, or attempt to obtain, a Ctoads™ Membership. Ctoads™ Membership will enable you to utilize the Site's many interactive features designed to foster interaction between you and other Ctoads™ Members and Content Producers including, but not limited to, where available, live chat, blogs and Ctoads™ Member comments sections located in the applicable areas within the Ctoads™ Platform ("Interactive Services"). Please be advised that where any comment or other use of the Interactive Services exceeds the applicable threshold as established by Ctoads™ (i.e., a comment that exceeds seventy-four (74) words or such other amount as determined by Ctoads™ in its sole discretion), Ctoads™ may require that you register as a Content Producer or otherwise pay a fee in connection with such use of the Interactive Services. Ctoads™ reserves the right to prohibit any conduct by Ctoads™ Members or to remove any materials or content posted by Members to the Site that Ctoads™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Ctoads™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Ctoads™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Ctoads™ undertakes no responsibility to monitor or otherwise police the Content posted by Ctoads™ Members and/or Content Producers. The Interactive Services contain comments, opinions and other content that are provided directly by Ctoads™ Members and/or Content Producers. You agree that Ctoads™ shall have no obligations and incur no liabilities to you in connection with any such content, information or opinion appearing in the Interactive Services. Ctoads™ does not represent or warrant that the content posted in the Interactive Services is accurate, complete or appropriate. You understand and agree that Ctoads™ shall not be liable to you, any end-users or any third party for any claim in connection with any of the Ctoads™ Membership services including, without limitation, the Interactive Services. You understand and agree that Ctoads™ is not responsible or liable in any manner whatsoever for your inability to use the Ctoads™ Membership services and/or Interactive Services.
Content Producers
Subject to the Content Producer AUP (a copy of which can be located here), as well as the terms and conditions of the Agreement, by registering on the Site, paying the applicable fee and receiving approval from Ctoads™, you can obtain, or attempt to obtain, access to the Ctoads™ Platform as a Content Producer. The Ctoads™ Platform will enable you, as a Content Producer, to: (i) post your content in your personalized Ctoads™ Platform area for display and distribution on and through the Site; and (ii) utilize the Site's many interactive features designed to foster interaction between you and Ctoads™ Members via the Interactive Services. The Ctoads™ Platform and/or Interactive Services contain(s) comments, opinions and other Content that are provided directly by Content Producers and Ctoads™ Members. Ctoads™ reserves the right to prohibit any conduct by Content Producers or to remove any materials or Content posted by Content Producers from the Site that Ctoads™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Ctoads™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Ctoads™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Ctoads™ undertakes no responsibility to monitor or otherwise police the Content posted by Content Producers on the Ctoads™ Platform and/or Interactive Services. You agree that Ctoads™ shall have no obligations and incur no liabilities to you in connection with any such Content, information or opinion appearing within the Ctoads™ Platform and/or Interactive Services. Ctoads™ does not represent or warrant that the Content posted in the Ctoads™ Platform and/or Interactive Services is accurate, complete or appropriate. You understand and agree that Ctoads™ shall not be liable to you, any end-users or any third party for any claim in connection with your use of the Ctoads™ Platform or Interactive Services. You understand and agree that Ctoads™ is not responsible or liable in any manner whatsoever for your inability to use the Ctoads™ Platform and/or Interactive Services, or for any dispute between you and other Content Producers, Ctoads™ Members and/or end-users.
From time-to-time, our Site offers promotional prizes and other awards. By providing true and accurate information in connection with the applicable Contest registration form and agreeing to the rules applicable to each Contest, you can obtain, or attempt to obtain, the promotional prizes and other awards offered through each Contest. For a copy of the Contest(s) currently being offered by the Site, please Click Here. You understand and agree that Ctoads™ shall not be liable to you or any third party for any claim in connection with your participation in any of the Contests.
Ctoads™ Stores
By completing the applicable purchase order forms and becoming a Ctoads™ Buyer, you can obtain, or attempt to obtain, products and/or services from the various Ctoads™ Stores that shall include, without limitation: (i) proprietary products and/or services sold by Ctoads™; and/or (ii) products and/or services sold by Ctoads'™ third-party advertisers. Use of the Ctoads™ Stores shall be subject to the separate Ctoads™ Stores Terms and Conditions, which are expressly incorporated herein by reference. For a copy of the Ctoads™ Stores Terms and Conditions, please click here. Ctoads™ reserves the right to prohibit access to the Ctoads™ Stores where Ctoads™ deems, in its sole and absolute discretion, that you are in violation of the Agreement or where Ctoads™ believes any of your associated conduct to be illegal, potentially harmful to others or that same may expose Ctoads™ to harm, damage to reputation and/or liability. The products and/or services featured in the Ctoads™ Stores may contain descriptions that are provided directly by the manufacturers or distributors of such item. Ctoads™ does not represent or warrant that the descriptions of such items are accurate or complete. All sales are subject to the applicable terms and conditions regarding payment, sales tax, returns, exchanges, cancellation of orders and any and all related policies. You understand and agree that Ctoads™ shall not be liable to you or any third party for any claim in connection with any of the Ctoads™ Stores or any products and/or services offered therein. You understand and agree that Ctoads™ is not responsible or liable in any manner whatsoever for your inability to obtain products and/or services from the various Ctoads™ Stores, or for any dispute between the product's seller and end-user consumers.
Listers
Subject to the Lister AUP (a copy of which can be located here), as well as the terms and conditions of the Agreement, by registering on the Site, paying the applicable fee and receiving approval from Ctoads™, you can obtain, or attempt to obtain, access to the Ctoads™ Platform as a Lister. As a Lister, you will be permitted to post proprietary content that contains links ("Links") to external websites in your personalized Ctoads™ Platform area for display and distribution on and through the Site. Please note: neither Content Producers nor Ctoads™ Members can post Links in the Ctoads™ Platform, Interactive Services or otherwise on the Site unless they become Listers. Through the Links, you will be permitted to offer for sale various products, services or other material. The Links provide access to external websites ("Linked Websites") that contain comments, opinions, solicitations, offers, requests, products, services and other material that are provided directly by Listers or their third party partners/affiliates. Ctoads™ reserves the right to prohibit any conduct by Listers or to remove any materials or Links posted by Listers that Ctoads™ deems, in its sole and absolute discretion, to be in violation of the Agreement or which Ctoads™ believes to be illegal, potentially harmful to others, otherwise objectionable or that same may expose Ctoads™ to harm, damage to reputation or liability. Notwithstanding the foregoing, Ctoads™ undertakes no responsibility to monitor or otherwise police the Links posted by Listers or Linked Websites. You agree that Ctoads™ shall have no obligations and incur no liabilities to you in connection with any such Links, the Linked Websites and any information, solicitations, requests, products, services or opinion appearing within the Links or such Linked Websites. Ctoads™ does not represent or warrant that the Links or the Linked Websites are accurate, complete or appropriate. Ctoads™ shall not be liable to any end-users or any third party for any claim in connection with any of the Listers, Links, Linked Websites or any products and/or services offered therein. You understand and agree that Ctoads™ is not responsible or liable in any manner whatsoever for your inability to use the Links, Linked Websites or for any dispute between Listers, Linked Websites and end-user consumers.
5. Registration/Account. In order to obtain Ctoads™ Services, and in order to view the Site after your third visit, you must first submit the applicable registration and application form to Ctoads™ for review and initial approval. Ctoads™ reserves the right, in its sole discretion, to deny access to the Site and/or the Ctoads™ Services to anyone at any time and for any reason, whatsoever. The registration data that you must supply on the Site in order to obtain Ctoads™ Services may include, without limitation, depending on the applicable Ctoads™ Services requested: your full name, e-mail address, mailing address, daytime, evening and/or cellular telephone numbers, credit card information, date of birth, age, gender and/or any other information requested on the applicable form (collectively, "Registration Data"). You agree to provide true, accurate, current and complete Registration Data and to update your Registration Data as necessary in order to maintain it in an up to date and accurate fashion. Ctoads™ will verify and approve all registrants in accordance with its standard verification procedures. During registration, you will be asked to provide the name or number that you wish to use as your account login identification, where applicable. If the login identification that you request is not available, you will be asked to supply another login identification. If Ctoads™ approves your applicable application for registration, and you agree to any required separate agreement, as applicable, Ctoads™ will set up your specific account ("Ctoads™ Services Account") and send a confirmation e-mail to the e-mail address that you used to register for the applicable Ctoads™ Services. The confirmation e-mail will contain the following information: (i) your User Name; and (ii) your Password. You are required to respond to that confirmation e-mail. Failure to respond to the confirmation e-mail will invalidate your Membership Registration without any further notice to you. You can access your specific Ctoads™ Services Account at the Site using your User Name and Password. You are responsible for maintaining the confidentiality of your Ctoads™ Services Account and Password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur through use of your Ctoads™ Services Account and Password.
6. Telephone Contact in Connection with Registration. By registering for the Ctoads™ Services and submitting your telephone number, you agree to receive a telephone call from Ctoads™ in connection with your registration. In addition, you agree that submitting your telephone number constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR §310 et seq. ("ATSR") and any applicable state and local do-not-call regulations. Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, or an applicable state do-not-call list, by registering for Ctoads™ Services and providing Ctoads™ with your electronic signature under the Uniform Electronic Transactions Act, you are giving Ctoads™ the express right to contact you via telephone in accordance with the ATSR and any applicable state and local do-not-call regulations.
7. License Grant. As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Content and all other material posted or made available by and through the Ctoads™ Services in accordance with the Agreement. Ctoads™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by Ctoads™, you may only use the Content, Site and/or Ctoads™ Services for your own personal use. No part of the Site including, but not limited to, the Content and/or Ctoads™ Services may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Content, Ctoads™ Services and/or any portion thereof. You may not play and then re-digitize any of the Content, or upload such Content to the Internet. You may not create any "derivative works" by altering any aspect of the Content, Site and/or Ctoads™ Services. You may not use the Content, Site and/or Ctoads™ Services in conjunction with any other third-party content (e.g, to provide sound for a film). You may not exploit any aspect of the Content, Site and/or Ctoads™ Services for any commercial purposes not expressly permitted in writing by Ctoads™ (including the bundled sale of such Content). You further agree to indemnify and hold harmless Ctoads™ for your failure to comply with this Section 7. Ctoads™ reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure.
8. Proprietary Rights. All Content and other material posted or made available by and through the Ctoads™ Services including, but not limited to, the design, selection, arrangement and coordination of such Content and/or Ctoads™ Services on the Site is owned or licensed by or to Ctoads™, and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Agreement, no part of the Site, Content or other material posted or made available by and through the Ctoads™ Services may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Ctoads'™ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Content, other material posted or made available by and through the Ctoads™ or any document, software, services or other materials viewed at or through the Site. The posting of information or material at the Site by Ctoads™ does not constitute a waiver of any right in such information and materials. Ctoads™ reserves all rights not expressly granted hereunder.
The "CToads" name and logo are trademarks of Ctoads LLC ("Ctoads™"). All custom graphics, icons and service names are trademarks of Ctoads™. All other trademarks are the property of their respective owners. The use of any Ctoads™ trademark without Ctoads'™ express written consent is strictly prohibited. Ctoads™ exercises no control over the Content, or other information made available on the Site and/or passing through its network or equipment. Disputes may arise between you and others or between you and Ctoads™ related to such Content, other material posted or made available by and through the Site or commercial activity conducted by and through the Site. Such disputes could involve, among other things, the Content; other material posted or made available by and through the Ctoads™ Services; use or misuse of domain names; the infringement of copyrights, trademarks or other rights in intellectual property; defamation; fraud; the use or misuse of information; and problems with online commerce transactions. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the Content or other information that you transmit, re-transmit or receive through the Site, Ctoads™ Services, network or equipment are your sole and exclusive responsibility. Ctoads™ expressly disclaims all responsibility and liability for uses by you of any Content or other information obtained on or in connection with the Site.
9. Bypassing or Disabling any Portion of the Ctoads™ Services or Software. If you bypass or disable any portion of the Ctoads™ Services, Site or associated software including, without limitation, the blocking of cookies, or blocking the operation of any other Ctoads™ systems, or you attempt to circumvent Ctoads'™ billing methods in any way, you are in violation of the Agreement and Ctoads™ may suspend or terminate your use of Ctoads™ Services without notice. Termination of your applicable Ctoads™ Services Account(s) will not excuse you from any criminal or other civil liabilities that may result from your actions. If your Ctoads™ Services Account(s) is/are terminated for any reason you will, thereafter, be unable to access your applicable Ctoads™ Services Account(s).
10. Accessing Ctoads™ Services. You are responsible for obtaining and maintaining, at your own cost and expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment and software) and communications services (including, without limitation, long distance or local telephone services) necessary to access the Ctoads™ Services and for ensuring that such equipment and services are compatible with Ctoads'™ requirements.
11. Usage Rules. All Content, as well as any other information appearing on the Site, is sublicensed to you for your listening/viewing and not sold, notwithstanding use of the terms "sell," "purchase" or "order" on the Site or in the Agreement. Your Content sublicenses are non-exclusive, non-transferable, non-sublicensable, limited and for use only within the United States. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
12. Indemnification. You agree to indemnify and hold Ctoads™, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners ("Indemnified Parties"), harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of Ctoads™ and the Indemnified Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
13. Disclaimer of Warranties. THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, THE LINKS, LINKED WEBSITES, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN OR THEREIN AND/OR ANY OTHER CTOADS™ SERVICES, AND THE ASSOCIATED DESCRIPTIONS, THAT ARE OFFERED THROUGH THIS SITE ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PUSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CTOADS™ MAKES NO WARRANTY THAT THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, THE LINKS, LINKED WEBSITES, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN OR THEREIN AND/OR ANY OTHER CTOADS™ SERVICES, AND THE ASSOCIATED DESCRIPTIONS, THAT ARE OFFERED THROUGH THIS SITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (E) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE SITE, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN AND/OR ANY OTHER CTOADS™ SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CTOADS™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CTOADS™, ANY CTOADS™ MEMBERS, CONTENT PRODUCERS, LISTERS, LINKED WEBSITES OR OTHERWISE THROUGH OR FROM THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
14. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CTOADS™ SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CTOADS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, THE LINKS, LINKED WEBSITES, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN OR THEREIN AND/OR ANY OTHER CTOADS™ SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER CTOADS™ SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND (E) ANY OTHER MATTER RELATING TO THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, THE LINKS, LINKED WEBSITES, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN OR THEREIN AND/OR ANY OTHER CTOADS™ SERVICES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE CTOADS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF CTOADS™ TO YOU SHALL BE TWO HUNDRED AND FIFTY DOLLARS ($250.00). YOU HEREBY RELEASE CTOADS™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS SET FORTH IN THIS SECTION. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SITE, ANY INFORMATION OR CONTENT CONTAINED HEREIN, THE LINKS, LINKED WEBSITES, ANY PRODUCTS AND/OR SERVICES OFFERED HEREIN OR THEREIN AND/OR ANY OTHER CTOADS™ SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CTOADS™. ACCESS TO THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow certain limitations on liability and, in such jurisdictions, Ctoads'™ liability shall be limited to the maximum extent permitted by law.
15. Third Party Websites. The Ctoads™ Services and Site contain links to other websites on the Internet that are owned and operated by third parties including, but not limited to, the Linked Websites. In some instances these websites are co-branded and the third parties are entitled to use Ctoads'™ name and logo on their third party websites. Ctoads™ does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Ctoads™ of the applicable website or any association with the website's operators. Because Ctoads™ has no control over such websites and resources, you agree that Ctoads™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Ctoads™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
16. User Information. Except where expressly provided otherwise by us in the Agreement, and subject to the Ctoads™ Privacy Policy, all comments, feedback, Content, information, Registration Data or materials that you submit through or in association with this Site shall be considered non-confidential. For a copy of the Ctoads™ Privacy Policy, please click here. By submitting such comments, Feedback, Content, information or materials to us, you: (i) represent and warrant that Ctoads'™ use of your submission does not and will not breach any agreement, violate any law or infringe any third party's rights; (ii) represent and warrant that you have all rights to enter into the Agreement; (iii) agree that Ctoads™ is free to use in any manner all or part of the content of any such communications on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and (iv) grant Ctoads™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all comments, feedback, Content, information, Registration Data or materials, in whole or in part, or as a derivative work, without any duty by Ctoads™ to anyone whatsoever. Ctoads™ does not accept unsolicited ideas, works or other materials and you acknowledge that you are responsible for, and bear all risk as to the use or distribution of, any such ideas, works or materials.
17. Miscellaneous. The Agreement shall be treated as though it were executed and performed in Los Angeles, California and shall be governed by and construed in accordance with the laws of the State of California (without regard to conflict of law principles). You agree that the exclusive jurisdiction and venue of any action with respect to the Agreement shall be in the State and federal courts located in the County of Los Angeles, State of Callifornia. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Ctoads™ and governs your use of the Site. Ctoads™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
21. How to Contact Us. Our "Contact Us" page contains information that allows you to contact us directly with any questions or comments that you may have. We listen to or read, as applicable, every message sent in and endeavor to reply promptly to each one. This information is used to respond directly to your questions or comments. If you have any questions about the Agreement or the practices of Ctoads™, please feel free to contact us by e-mail at support@ctoads.com or by postal mail by writing to: Ctoads™ Contacts, 4570 Van Nuys Blvd. #118 Sherman Oaks, CA 91403.