LAST UPDATED: October 9th, 2019
USE OF THE SERVICE
Certain Restrictions. You shall not engage in, or encourage or direct any third party to engage in, any of the following activities in connection with the Website: (i) copying, distributing, or disclosing any part of the Website in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Website in a manner that sends more request messages to the Crave servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile device (except that Crave grants the operators of public search engines revocable permission to use spiders to copy materials from for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Website; (vii) collecting or harvesting any personally identifiable information, including names, from the Website; (viii) using the Website for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Website; (xi) accessing any content on the Website through any technology or means other than those provided or authorized by the Website; or (xii) bypassing the measures we may use to prevent or restrict access to the Website, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Certain Disputes. We reserve the right, but have no obligation, to monitor disputes between you and other Users. You are solely responsible for your interactions with other Users. Crave will have no liability for your interactions with other Users, or for any User’s action or inaction, and you hereby release us from any claims arising from any of the foregoing.
INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS AND RESTRICTIONS
Trademark Rights. Crave, Crave.io and other Crave graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, common law trademarks or trade dress of Crave. Crave’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Crave. You may not use the Crave marks in connection with any product or service in any manner that is likely to cause confusion or create the impression that Crave endorses any product or service.
Feedback. You may choose to or we may invite you to submit feedback, modifications, suggestions, improvements, comments, ideas, or the like about the Website, including without limitation about how to improve the Website or our other products (“Ideas”). You hereby grant to Crave a world-wide, royalty free, irrevocable, perpetual license to use, incorporate and otherwise exploit any Ideas in connection with the Website and any of Crave’s or any of its successors’ or affiliates’ businesses, products, technology, services, specifications or other documentation.
PAYMENT AND RELATED TERMS
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Website must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
The Website may be unavailable from time to time for maintenance or other reasons. Crave shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, any content or Software made available to you via the Website or otherwise. ALL USE OF THE WEBSITE AND THE SOFTWARE IS AT YOUR OWN RISK. THE WEBSITE, CRAVE CONTENT AND SOFTWARE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, TIMELINESS, ACCURACY, COMPLETENESS, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR SAFETY. CRAVE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE, CRAVE CONTENT OR THE SOFTWARE, OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF WEBSITE OR THE SOFTWARE, AND (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER CRAVE NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE WEBSITE, CRAVE CONTENT, OR THE SOFTWARE WILL BE UNINTERRUPTED OR THAT THE WEBSITE, CRAVE CONTENT OR THE SOFTWARE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE. NEITHER CRAVE NOR ITS LICENSORS WARRANT THAT THE WEBSITE OR THE SOFTWARE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CRAVE IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU OR ANY USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY; DISCLAIMER
Some states do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The Website is made available from its facilities in the United States. Crave makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies, or other entities located in the United States.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at email@example.com. This Dispute Resolution and Arbitration Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and us. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Dispute Resolution and Arbitration Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Dispute Resolution and Arbitration Provision carefully. It provides that all Disputes between you and us shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Dispute Resolution and Arbitration Provision, “we” or “us” means Crave.io Inc., and our parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and us regarding any aspect of your relationship with us, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Dispute Resolution and Arbitration Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to the services or products provided or billed to you (such as our licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute. You must commence this process by mailing written notification to Crave.io Inc., Attn: Legal Department, 102 Persian Drive, Suite 201, Sunnyvale, CA 94089. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Dispute Resolution and Arbitration Provision by mailing written notification to rave.io Inc., Attn: Legal Department, 102 Persian Drive, Suite 201, Sunnyvale, CA 94089. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Your decision to opt-out of this Dispute Resolution and Arbitration Provision will have no adverse effect on your relationship with us. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
Arbitration Procedures. If this Dispute Resolution and Arbitration Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution and Arbitration Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Dispute Resolution and Arbitration Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Service, the App and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or we may initiate arbitration in either San Francisco County, CA or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, we may transfer the arbitration to San Francisco County, CA in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs. We will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Dispute Resolution and Arbitration Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Dispute Resolution and Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service or any App can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Severability. If any clause within this Dispute Resolution and Arbitration Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Dispute Resolution and Arbitration Provision, and the remainder of this Dispute Resolution and Arbitration Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Dispute Resolution and Arbitration Provision will be unenforceable and the Dispute will be decided by a court.
Continuation. This Dispute Resolution and Arbitration Provision shall survive the termination of these Terms. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Dispute Resolution and Arbitration Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Dispute Resolution and Arbitration Provision if a dispute between us arises.