Business Membership Account Application

Terms and Conditions AGREEMENT TO TERMS These Terms of Use (hereinafter “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Creative Analytics, doing business as Creative Analytics (“Creative Analytics“, “we”, “us”, or “our”), concerning your access to and use of the https://www.creativeanalyticsdc.com website, Founders Circle subdomain, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use, register for, or purchase from the Site. INTELLECTUAL PROPERTY RIGHTS Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. USER REPRESENTATIONS By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; (7) you are responsible for any use of your Account including any activity that occurs in conjunction with your username and password if you have an account; (8) you must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons; and (9) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Please keep your password secure and don’t let any other person use your username or password. If you are aware of any unauthorized use of your password or any breach of security you need to let us know immediately. USER REGISTRATION You may be required to register with the Site to access certain features and benefits — such as the purchase of subscriptions or memberships. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Depending on the membership or subscription you purchase, your membership account will allow you to ‘buy’ physically shipped items, ‘subscribe’ to ongoing services, or ‘license’ virtually delivered digital products. Member Responsibility. By purchasing a membership or subscription, you represent and warrant that: (1) all information you give us is true, accurate and complete; (2) you will keep your account information up-to-date (including a current, correct email address); (3) your membership is not transferable, that means you cannot sell your account; (4) You are responsible for any use of your membership or account including any activity that occurs in conjunction with your username and password; and (5) you will notify us immediately of any unauthorized use of your password or any breach of security. These responsibilities are inclusive of or in addition to any other warranties or representations outlined in the User Representations section of these Terms. PRODUCTS We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. PURCHASES AND PAYMENT When you buy an item or subscription from Creative Analytics, you are doing so on the following terms: (1) you warrant to us that you have carefully considered the suitability of your chosen license or product and that you have chosen appropriately; (2) you cannot cancel a completed/shipped/delivered purchase of an item; (3) you understand that we do not promise that any particular item will continue to be available on our website; (4) once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item); (5) Creative Analytics retains ownership of all digital products. We accept the following forms of payment via Stripe: Visa Mastercard American Express Discover You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or fraudulently. DISCOUNTS As a subscription provider, we reserve the right to offer discounts or other considerations in select and rare circumstances at our sole discretion. Please also note that each circumstance is unique and elections to make such an offer in one instance does not create the obligation to do so in another. REFUNDS & RETURN POLICY Please review our full Return Policy prior to making any purchases posted on the Site at https://creativeanalyticsdc.com/shop/return-exchange-policy. Creative Analytics refund policies differ according to the payment term and product type. Monthly Digital Library Subscriptions. Our monthly digital library subscription service includes our presentation of data and information to you as a subscriber. There is no way to “return” digital content which has already been presented. Due to the nature of our digital content and online portal delivery of such content, we are unable to offer a refund for services rendered or accounts and subscriptions which have been canceled. You will not receive a refund, credit, or prorated refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period. Monthly Service Subscriptions. Our monthly digital service subscription includes our delivery of services. We are unable to offer a refund for services rendered or for setup fees as those are payments for the cost of account setup already rendered. You will not receive a refund, credit, or prorated refund; however your subscription access and/or delivery and accompanying subscriber benefits will continue for the remainder of the current monthly billing period. Annual Purchasing Membership Subscriptions. When canceling an annual subscription, all future charges associated with future years of your subscription will be canceled. You may manage or cancel your annual subscription at any time; your cancellation will become effective on your cancellation date. You will not receive a refund, prorated or otherwise, for the remainder of the annual term — unless you submit a written request to withdraw your application within 72 hours of purchase or if your application is denied, which is at the sole discretion of our credit department. Your subscription access and/or delivery and accompanying subscriber benefits will end upon cancellation. The purchase of your Annual Purchasing Membership includes the non-refundable processing fee to review and approve your credit application. Digital Products. Given the nature of digital content, a refund or credit on a purchase of a digital product is not granted. There is generally no obligation to provide a refund or credit for any digital or physical product in situations like the following: you have changed your mind about an item; you bought an item by mistake; you do not have sufficient expertise to use the item; you ask for goodwill; or you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation). If we decide to issue a refund or credit (if you have a business membership/account), this will generally be done using the same payment method used to make the purchase. So if the item was purchased using your credit account, you will be given credit to your credit account; if the item was purchased using any other payment method, you will be refunded using the same payment method in reverse. Any payment made to you (not Credits) will be made in US Dollars, under the rules of the payment method. SUBSCRIPTION CANCELLATIONS Creative Analytics cancellation policies differ according to the payment term and product type. Monthly Digital Library Subscription. As a digital library subscriber, you are permitted to cancel your subscription at any time and for any reason. You may do so by logging into your Account and selecting the option to cancel. If technical assistance is needed, you may contact our customer support team by phone at 1-844-335-3932 or by email at support@creativeanalytics.freshdesk.com. When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled. You may cancel at any time; your cancellation will become effective at the end of your current monthly billing period. Monthly Service Subscriptions. As a monthly service subscriber, you are permitted to cancel your subscription at any time after the specified minimum term stated on our website and the respective service product page. You may do so by submitting a request to cancel to your Account Manager. When canceling a monthly subscription, all future charges associated with future months of your subscription will be canceled. Your cancellation will become effective at the end of your current monthly billing period or upon the expiration of your minimum term. Annual Purchasing Membership Subscription. As an annual subscriber, you are permitted to cancel your membership, once your credit account has been approved, at any time and for any reason. You may do so by logging into your Account, view subscriptions, and selecting the option to cancel for the applicable subscription. If technical assistance is needed, you may contact our customer support team by phone at 1-844-335-3932 or by email at support@creativeanalytics.freshdesk.com RECURRING & AUTOMATIC PAYMENTS Our subscription services will auto-renew at the end of each subscription period unless canceled. Failing to cancel a subscription before the payment for a renewal occurs automatically does not authorize a refund once payment has been received. The exact amount of the automatic renewal charge is stated in your order confirmation email that you receive upon submission of payment, Please note that you must cancel your subscription before it renews in order to avoid being charged for the next subscription period. Authorization for Automatic Debit/Credit. Credit customers must pay all undisputed outstanding amounts by the due date stated on their invoice or listed in their Credit Dashboard of the My Account area. If Customer fails to pay undisputed amounts on or before the due date, Customer expressly authorizes Creative Analytics to collect outstanding payments due for credit transactions by charging or billing Customer’s bank debit or credit card held on file. Customer authorizes this automatic charge for any outstanding balance owed to Creative Analytics for an unpaid credit transaction. CHARGEBACKS & DISPUTES We understand that there may be occasions where you may not recognize or wish to dispute a payment made to Creative Analytics in relation to a transaction. Chargeback is a mechanism for your payment card issuer (at their discretion) to reclaim money from a retailer’s bank. This can allow your card issuer to provide you with a refund in a number of circumstances, including: if you do not get the Product or Service you paid for due to our error or service delivery; if you are charged the wrong amount, or charged twice by mistake; if the payment was made fraudulently. You agree to contact Creative Analytics using the instructions in our published returns & refund policy prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. We recognize that chargebacks can happen for a variety of reasons. However, if you make a card payment through Creative Analytics, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to take one or more of the following actions: (a) Suspend your Account pending resolution of any dispute relating to the Chargeback; (b) Request information from you regarding the circumstances of the Chargeback and provide such information to the relevant financial institution for the purpose of resolving any dispute relating to the Chargeback; (c) Debit your Account with the amount of the Chargeback plus chargeback fees from our payment processor and if that debit results in a negative balance, claim from you the amount of such negative balance; and/or (d) Terminate your Account. Subscription Chargeback. If at any time, we record a decline, chargeback, or other rejection of a charge of any due and payable Subscription Fees on your Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of the Service may be disabled or terminated and such use of the Service will not resume until re-subscription for any such Service, and pay any applicable Subscription Fees in full, including any fees and expenses incurred by us and/or any Third Party Service for each Chargeback received (including handling and processing charges and fees incurred by the payment processor), without derogating from any other remedy that may be applicable to us under these Terms or applicable law. CREDIT TERMS Creative Analytics may at its sole discretion extend Credit Terms and limits to business customers. We may also revoke such credit terms and limits at our sole discretion. If a customer qualifies for credit terms, then orders for physical/shipped products from our online store will be invoiced upon purchase of products against the customer’s Credit Limit/Account. Credit Terms The credit terms represent the number of days following the issue of an invoice that the invoices must be paid. Unless otherwise specified, the default credit terms are interest-free. Creative Analytics will post a billing statement to your account at the end of each statement billing period (intervals of approximately one month). Each billing statement will identify a “Statement Date” or “Bill Date” which is the cutoff date we determine for including Charges and payments for that statement billing period. “Next Bill Date” with respect to any billing statement means the Statement Date (closing date) of the billing statement that immediately follows such billing statement. Review of Orders on Credit Terms. All orders and shipments shall at all times be subject to the approval of the Credit Department. If subsequent to the confirmation of the order, circumstances arise with respect to the financial condition of the customer which in the opinion of Creative Analytics threaten the customer’s ability to make payments when due hereunder, or should the customer fail to make payments when due or otherwise fail to perform its outstanding obligations then Creative Analytics may refuse to perform further hereunder unless the customer makes payment in full or provides sufficient security in a form acceptable to Creative Analytics within a period of ten (10) business days from receipt of notice therefore by Creative Analytics. Should the customer fail to comply with Creative Analytics’s request contained in such notice within the aforementioned period, then Creative Analytics may terminate the contract, defer or cancel the order and/or recover damages based on the customer’s breach and, in such event, Creative Analytics shall not be liable for breach or nonperformance of this contract in whole or in part. Creative Analytics’s failure to exercise any right accruing from any default of customer shall not constitute a waiver of our rights and shall not impair our rights with respect to a particular default or in case of any subsequent default of customer. Tradeline Limit. The tradeline limit represents the maximum credit available to the Applicant to use. When the customer’s credit account balance reaches this tradeline limit, the provision of further products or services may be temporarily halted. To continue with the provision of products and services, the customer will need to make a payment to reduce the credit account balance below the tradeline limit. Such payments will be required even when outstanding invoices are still within their credit terms. Late Fees. If any portion of your bill is not paid by the due date, Creative Analytics may charge you a late fee on unpaid balances and may also terminate or suspend your Subscription or Membership without notice. The late fee will be the lesser of 10 % per annum or the highest rate permitted by law. If Creative Analytics uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys’ fees. If you fail to pay on time and we refer your account(s) to a third party for collection, a collection fee will be assessed and will be due at the time of the referral to the third party. The fee will be calculated at the maximum percentage permitted by applicable law, not to exceed 10 percent. PROHIBITED ACTIVITIES You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to: Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. Use a buying agent or purchasing agent to make purchases on the Site. Use the Site to advertise or offer to sell goods and services. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. Engage in unauthorized framing of or linking to the Site. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. Make improper use of our support services or submit false reports of abuse or misconduct. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. Attempt to impersonate another user or person or use the username of another user. Sell or otherwise transfer your profile. Use any information obtained from the Site in order to harass, abuse, or harm another person. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you. Delete the copyright or other proprietary rights notice from any Content. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. Use the Site in a manner inconsistent with any applicable laws or regulations. SUBMISSIONS You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the non-PII submissions (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. SITE MANAGEMENT We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings. PRIVACY POLICY We care about data privacy and security. Please review our Privacy Policy here: https://www.creativeanalyticsdc.com/privacy-policy. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the products are hosted in the United States. If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical. TERMS AND TERMINATION These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. MODIFICATIONS AND INTERRUPTIONS We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. GOVERNING LAW These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the District of Columbia applicable to agreements made and to be entirely performed within the District of Columbia, without regard to its conflict of law principles. DISPUTE RESOLUTION Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Washington DC, District of Columbia. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Washington DC, District of Columbia, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum nonconveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. RESTRICTIONS The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Exceptions to Informal Negotiations and Arbitration. The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. CORRECTIONS There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to products or services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice. DISCLAIMER THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. LIMITATIONS OF LIABILITY IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. USER DATA We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credit by any means other than electronic means. CALIFORNIA USERS AND RESIDENTS If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254. FORCE MAJEURE Neither party shall be liable for any failure to perform or delay in performance of this Agreement to the extent that any such failure arises from acts of God, war, civil insurrection or disruption, riots, government act or regulation, strikes, lockouts, labor disruption, cyber or hostile network attacks, inability to obtain raw or finished materials, inability to secure transport, or any cause beyond such party’s commercially reasonable control. SURVIVAL In the event any provision of the Order or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification, and duties of defense, representations and warranties, waiver, waiver of jury trial, and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement. COOKIES We employ the use of cookies. By accessing Creative Analytics, you agreed to use cookies in agreement with Creative Analytics’ Privacy Policy. Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies. LICENSE Unless otherwise stated, Creative Analytics and/or its licensors own the intellectual property rights for all material on Creative Analytics. All intellectual property rights are reserved. You may access this from https://www.creativeanalyticsdc.com for your own personal use subjected to restrictions set in these terms and conditions. You must not: Republish material from Creative Analytics Sell, rent, or sub-license material from Creative Analytics Reproduce, duplicate or copy material from Creative Analytics Redistribute content from Creative Analytics This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Creative Analytics does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Creative Analytics, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Creative Analytics shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Creative Analytics reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive, or cause a breach of these Terms and Conditions. You warrant and represent that: You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant Creative Analytics a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media. HYPERLINKING OUR CONTENT The following organizations may link to our Website without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site. We may consider and approve other link requests from the following types of organizations: commonly-known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law, and consulting firms; and educational institutions and trade associations. We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Creative Analytics, and (d) the link is in the context of general resource information. These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site. If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Creative Analytics. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows: By use of our corporate name; or By use of the uniform resource locator being linked to; or By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site. No use of Creative Analytics’ logo or other artwork will be allowed for linking absent a trademark license agreement. IFRAMES Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. CONTENT LIABILITY We shall not be held responsible for any content that appears on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights. RESERVATION OF RIGHTS We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions. LINKS TO OTHER WEBSITES Our Service may contain links to third-party websites or services that are not owned or controlled by Creative Analytics. Creative Analytics has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Creative Analytics shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit. Removal of links from our website. If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly. We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date. TERMINATION We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately. CHANGES TO THESE TERMS Creative Analytics may modify or replace these terms at any time. If we make revisions, we will take reasonable steps to let our users know about the changes. The most updated version of these Terms can always be viewed on this page of our website. You can also keep track of whether changes have been made to these terms by referring to the effective date at the footer of these Terms. You can close your Account and terminate your agreement with us at any time if you do not agree to the changes. By continuing to access or use this site or our services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, you must discontinue the use of the website and applicable services. NOTICES Any notice you send us must be submitted via email or submission of our contact forms. Any notice we send to you will be emailed to your Creative Analytics account email address (or by trackable postal mail if required legally). RELATIONSHIP BETWEEN THE PARTIES No portion of these Terms is to be construed as constituting a partnership, joint venture, employment, or agency relationship between Creative Analytics and you, or between you and any other member. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by Creative Analytics hereto to execute these Terms. INTERPRETATION Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion. MISCELLANEOUS These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.