TERMS OF USE
NOTE: BE AWARE OF THE ARBITRATION CLAUSE PROVIDED BELOW. UNLESS OTHERWISE RESTRICTED BY LAW, YOU ARE REQUIRED TO ARBITRATE ANY DISPUTES YOU MAY HAVE WITH INFLUENCE CRAFTERS ON AN INDIVIDUAL BASIS. INDIVIDUAL ARBITRATION MEANS THAT YOU ARE GIVING UP THE RIGHT TO HAVE A JUDGE OR JURY DECIDE YOUR CLAIMS, AND YOU WILL NOT BE ABLE TO PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Registration, Account Creation, and Passwords
You are tasked with keeping your password confidential, and you must notify us of any known or suspected unauthorized use of your account. You agree that you are accountable for all actions or omissions that occur on your account while your password is being used. We reserve the right to suspend or cancel your account if we believe you have violated these Terms. If we suspend or cancel your account access, you may be barred from accessing the Site (either temporarily or permanently), your account details, and/or any files or other content contained in or accessible through your account, all of which may be deleted by us. Such suspension or cancellation of your account will mean that you may lose access to all content submitted by you.
1. Accuracy, Completeness and Timeliness of Information
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our Site.
2. User Conduct
- Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
- Interferes with or disrupts the Site, services connected to the Site, or otherwise interferes with operations or services of the Site in any way;
- Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
- Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Causes Influence Crafters to lose (in whole or in part) the services of our Internet service providers or other suppliers;
- Links to content, directly or indirectly, to which you do not have a right to link;
- Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Influence Crafters in its sole discretion;
- Violates, or encourages anyone to violate these Terms, any ancillary terms and conditions listed on the Site, or the Privacy Policy; or
- Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.
Influence Crafters shall have the right, but not the obligation, to monitor, evaluate, and analyze any use of and access to the Site for any reason, including to determine compliance with these Terms.
3. Linking
4. No Framing
5. Copyright and Trademark Ownership
We are providing you with access to the Site pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You can use the Site for personal, non-commercial use, and subject to these Terms. This license is available to you as long as you are not barred from the Site by applicable law, your account is not terminated by us or by you, and your right to use the Site is not otherwise prohibited by us. If these Terms are not enforceable where you are located, you may not use the Site. Influence Crafters reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
6. Your Intellectual Property Rights and License Grant
7. Links to External Websites
8. Privacy
9. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED “AS IS.” INFLUENCE CRAFTERS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. INFLUENCE CRAFTERS DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INFLUENCE CRAFTERS OR A REPRESENTATIVE SHALL CREATE A WARRANTY. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS SECTION EXCLUDES OR LIMITS ANY WARRANTIES, CONDITIONS, OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INFLUENCE CRAFTERS DOES NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. INFLUENCE CRAFTERS DOES NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. INFLUENCE CRAFTERS DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, INFLUENCE CRAFTERS DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL INFLUENCE CRAFTERS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
10. Limitation of Liability
WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF INFLUENCE CRAFTERS, ITS PARTNERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, INFLUENCE CRAFTERS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Dispute Resolution and Agreement to Arbitrate
The laws of certain jurisdictions do not allow for mandatory arbitration. If these laws apply to you, some or all of the mandatory arbitration requirements below may not apply to you, and you may have additional rights.
Except where and to the extent prohibited by law, by using the Site, you and Influence Crafters agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site or the breach, enforcement, interpretation, or validity of these Terms or any part of it, other than disputes relating to Influence Crafters’ intellectual property (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty days in which to respond to or settle the Dispute. Notice shall be sent to:
- Us at: Influence Crafters, ATTN: Privacy, 26 Corporate Circle, East Syracuse, NY 13057; and
- You at: your last-used billing address or the billing and/or shipping address used upon check-out on this website.
Both you and Influence Crafters agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable.
Notwithstanding the foregoing, you and Influence Crafters may exercise any rights under applicable law to bring an action before a court or tribunal, or to seek a legal remedy, to the extent that arbitration of such rights cannot be required by contract.
12. Choice of Law and Choice of Forum
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
13. Digital Millennium Copyright Act Notice
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
14. Modification of these Terms and Termination
We retain the right to terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of a breach by you of these Terms.
15. Contact Us
If you have any questions, comments or concerns about these Terms, please contact us at:
Influence Crafters
Website: https://justinsgotit.com/