BY ACCEPTING THIS AGREEMENT, EITHER BY COMPLETING THE ONLINE APPLICATION PROCESS BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING A SERVICE THAT REFERENCES THIS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
CrystalMD reserves the right to update and change this Agreement from time to time without notice. You can review the most current version of this Agreement any time at: http://www.crystalmd.com/terms/.
• You must be 18 years or older to use this Service. • You must provide Your legal full name, a valid email address, payment details, and any other information requested in order to complete the registration process. • You are responsible for all trade-marks, logos, design, media, text, graphics, animations, audio components, video components, photos or any other information (hereinafter collectively referred to as “Content”) posted and activity that occurs under Your Service (even when Content is posted by others who have access to Your Service). • You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in Your jurisdiction (including but not limited to copyright laws). • You must be a human. Service registration or access by “bots” or other automated methods are not permitted. Violation of any of the terms will result in the termination of Your Service. While CrystalMD prohibits such conduct and Content on the Service, You understand and agree that CrystalMD cannot be responsible for the Content posted on the Service and You nonetheless may be exposed to such materials. You agree to use the Service at Your own risk, and to hold CrystalMD harmless for any loss, misconduct, or unauthorized use of the Service. If any unauthorized use occurs, CrystalMD may hold You or any party that You have assigned liable for any loss or damage that are a result of the breach of this Agreement.
Service and Password Security
You are responsible for maintaining the confidentiality of Your Service password, and are responsible for all activities that occur under Your Service. You agree to immediately notify CrystalMD of any unauthorized use of Your password or Service or any other breach of security, which includes but is not limited to computer viruses, trojan horses, spyware, malware, adware, hacking, and other malicious or unwanted means expressly or impliedly prohibited by, or inconsistent with, any provision of this Agreement.
CrystalMD reserves the right to revoke access to the Service, at its sole option and discretion and without notice to You, if any misuse or foul play occurs or is suspected within the system.
CrystalMD will not be liable for any loss or damage arising from Your failure to provide us with accurate information or to keep Your password secure.
Pricing and Modifications to the Service
CrystalMD will charge You a fee on a monthly, annual or prepaid basis for the Service which will vary with the type of plan and actual Service rendered by CrystalMD as agreed upon on the Order Form. All fees are subject to change at any time. We will notify You in advance of any fee changes. CrystalMD shall not be liable to You or to any third party for any modification, price change, suspension or discontinuance of the Service. From time to time, CrystalMD may issue an update to the CrystalMD application which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although CrystalMD will attempt to notify You in advance of an upcoming update, including details on what the update includes, whenever possible.
A valid credit card or PayPal account is required to set up any type of Service with CrystalMD. All billed payments are due within 30 days from the date of invoice, unless agreed upon otherwise with Parties on the Order Form. By using any CrystalMD’s Service, You hereby authorize CrystalMD to draw monthly automatic recurring payments from Visa, MasterCard or PayPal, covering all monthly dues and all other applicable payments to Your Service. All subscriptions to any CrystalMD Service will renew automatically on a month-to-month basis, and monthly recurring payments, where applicable, will continue until notice of cancellation is received. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and You shall be responsible for payment of all such taxes, levies, or duties.
CrystalMD reserves the right to revoke access to Services if Your balance is overdue or invoices are not paid in full. If for any reason You default on Your contracted payment obligations, You hereby authorize CrystalMD or its assignee to collect the outstanding monies, plus service charges and interest, in any method available to CrystalMD. You shall indemnify CrystalMD for all collection or legal fees incurred by CrystalMD in order to satisfy Your payment defaults.
There will be no refunds or credits for setup fees, partial months of Service, upgrade/downgrade refunds, or refunds for months unused with any Service. In order to treat everyone equally, no exceptions will be made.
Cancellation and Termination
You are solely responsible for canceling Your Service. You can cancel Your Service anytime by clicking on the “Billing” tab inside the Service web platform. Your CrystalMD membership will continue in effect unless and until You cancel Your membership or we terminate it. Any questions in regards to cancellations should be directed to email@example.com. Cancellations by phone or sent to any other email address will not be accepted.
All of Your Content will be deleted from the Service upon cancellation. This Content cannot be recovered once Your Service is cancelled.
You must cancel Your membership before it renews each billing cycle in order to avoid billing for the following billing period’s fees. If You cancel the Service before the end of Your current paid up period, Your cancellation will take effect immediately and You will not be charged again. You will still be able to access the Service until Your current payment cycle expires. You may cancel this Agreement at any time after all obligatory payments have been made to CrystalMD, following which CrystalMD shall not be required to render any further Service as per the terms of this agreement.
Customer and technical support is only available via email and phone. The technical support email address is firstname.lastname@example.org and phone number is 415.814.0087 CrystalMD will make the best efforts to respond to all reasonable requests in a timely manner. You understand that CrystalMD will not be held liable for any loss or misfortune that may occur from support or technical recommendations, or the time at which it may take for the support or technical issue to be addressed.
Copyright and Content Ownership
We claim no intellectual property rights over the material You provide to the Service. Your profile and materials uploaded remain Yours. However, by using the CrystalMD application to create Your mobile application, You agree to allow others to view and share Your Content. CrystalMD does not pre-screen Content, but CrystalMD and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You shall be solely responsible for securing and paying for all digital Content licenses and any other Trademark or Copyright licenses from Content owners (or their agents) required in connection for You to use in connection with the CrystalMD Service.
CrystalMD does not warrant that (i) the Service will meet Your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Service, information, or other material purchased or obtained by You through the Service will meet Your expectations, and (v) any errors in the Service will be corrected.
You expressly understand and agree that CrystalMD shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CrystalMD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) or any other matter relating to the Service.
Limited Warranty and Limitation of Damages
CrystalMD makes no warranty, and You hereby waive and disclaim any other warranty, representation, or condition of any kind or nature, express or implied, verbal or written, statutory or otherwise, including, without limitation, any warranty representation or condition of merchantability or fitness for purpose. You acknowledge that CrystalMD will make reasonable efforts, but does not warrant that the Service will work on all mobile platforms. You acknowledge that CrystalMD is not responsible for the results obtained by You on their Mobile Websites. In every circumstance, CrystalMD will have no liability for any damage, loss of productivity, or loss or alteration of matter detrimental to Your property due to the use of third-party software or hardware installed or recommended by CrystalMD.
You represent and warrant that any Content provided to CrystalMD so that CrystalMD may carry out the terms of this Agreement does not violate the rights of any third party, whether arising by agreement or by operation of law. You hereby (i) grant to CrystalMD a license to use any such works or intellectual property attaching to such works ; and (ii) waive any and all moral rights in association with any such works provided to CrystalMD. You further represent and warrant that such license and waiver of moral rights does not violate any rights of any third party.
Customer Indemnification and Liability You agree to indemnify, save and hold harmless CrystalMD from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand, or action by a third party arising out of any breach of Your responsibilities or obligations, representations or warranties under this Agreement.
You waive any claim for damages of any kind or nature against CrystalMD and agree that Your sole and exclusive remedy for damages (either in contract or tort) is the return of the price paid to CrystalMD limited to a maximum total value of $1,200.
Customer shall own and retain all rights to the Content provided by Customer, which includes all Content. CrystalMD shall own all rights, title, and interest in and to all other elements, materials, data, graphics, and code of the Service including all interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, and all other components of any source or object computer code that comprise the Service, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Service and design elements. You shall not do anything that may infringe upon or in any way undermine CrystalMD’s right, title, and interest in the Service or any other intellectual property held by CrystalMD. CrystalMD reserves the right to display any portion of Your publicly available Service for the purpose of displaying rendered work to other potential customers or for marketing purposes.
Each Party acknowledges that in connection with this Agreement it may have access to proprietary information of the other Party, including but not limited to trade secrets, data, processes, technical information, business knowledge, pricing, service providers, hosting providers, technology partners, research and development and marketing strategies (hereinafter collectively referred to as “Confidential Information”). You acknowledge that the disclosure of Confidential Information in any manner would be highly detrimental to the interest of CrystalMD. You agree that the right to maintain such Confidential Information constitutes a proprietary right, which CrystalMD is entitled to protect. Accordingly, You, Your agents and Your employees agree that they cannot disclose or permit (either during this Agreement or thereafter) the disclosure any Confidential Information to any person, or use or permit the use of same, for any purposes other than those of the owner of such information. You shall not use any Confidential Information of CrystalMD except as may be necessary to perform your respective obligations under this Agreement. Notwithstanding the foregoing, Confidential Information shall not include any information that is in the public domain or becomes publicly known through no fault of You.
Your use of the Service is at Your sole risk. The Service is provided on an “as is” and “as available” basis.
You understand that CrystalMD uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other CrystalMD Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent by CrystalMD. CrystalMD may, but has no obligation to, remove Content and Services containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any CrystalMD customer, employee, member, or officer will result in immediate Service termination. You understand that the technical processing and transmission of the Service, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages. You must not transmit any worms or viruses or any code of a destructive nature.
CrystalMD may assign all of its rights, interests and obligations pursuant to this Agreement to any person or Company without Your consent. You shall not assign or transfer any of Your right or obligations pursuant to this Agreement without the prior express written consent of CrystalMD.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part thereof and the remaining part of such provision and all other provisions hereof shall continue in full force and effect.
Independent Legal Advice
You acknowledges that You have had the opportunity (whether taken or not) to seek independent legal advice with respect to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York.
This Agreement shall insure to the benefit of and by binding upon each Party and its heirs, executors, administrators and permitted successors and assigns. The failure of CrystalMD to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement constitutes the entire agreement between You and CrystalMD with respect to the subject matter hereof and cancel and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written (including, but not limited to, any prior versions of this Agreement) between the You and CrystalMD with respect thereto.
Questions about the Terms of Service should be sent to email@example.com.