Copied

CREDO

TERMS OF SERVICE

—-

OVERVIEW

This website is operated by HireGun LLC, a Colorado limited liability company (“Credo”). Throughout the site, the terms “we”, “us” and “our” refer to Credo. Credo offers this website, including all information, tools and services available from this Site to you, the user of Credo’s Services, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

Our mission is to help great businesses grow. We do this on our website by providing a network of vetted marketing agencies and consultants acting as independent contractors (“Providers” or “Pros”) as well as a service to consult with businesses before they hire. Credo’s role is to facilitate the availability of the website and the services provided by Providers.

Credo is not a provider of SEO, development or other services. Providers on our site are independent contractors and are not employees of Credo. Credo is funded by commissions paid by the Providers within the Credo network. Credo works with Clients to ensure they are happy, satisfied, and successful, and provide dispute resolution services.

The Credo platform facilitates the end-to-end of digital marketing projects, including signing with a pro, receiving deliverables and monthly reports, and payments. For clients, Credo facilitates introductions to pros, a straight forward sales and proposal process, and once contracts are signed dispute resolution services that ensures that your provider only gets paid when they deliver what they sold you. For Providers, Credo provides introductions to potential clients, the facilitation of the sales process, and payments minus Credo’s commission upon delivery of work as defined in the proposal and billing setup process.

Once a Client signs a contract, the Credo escrow system holds requisite payment until the work is satisfied at which point the money is released (minus Credo’s commission) to the Provider in under 15 days.

SUMMARY

Credo’s terms contained below are summarized thus.

For clients hiring through Credo, you agree to:

  • Interview matches by scheduling calls through the Credo Platform dashboard.
  • Communicate with pros through Credo messaging primarily.
  • Receive proposals through Credo.
  • Accept the proposal for work on Credo.
  • Pay the Pro via Credo’s escrow system.

For pros being hired through Credo, you agree to:

  • Respond to new matches within 48 hours.
  • Communicate primarily through Credo’s scheduling and messaging systems.
  • Send proposals via Credo, not via email.
  • Be held accountable to delivery dates within Credo.
  • Provide deliverables and monthly reporting on time.

To begin a project, you agree to the following:

  • Client accepts Proposal via Credo.
  • Client is notified when Project Billing and Delivery have been finalized within Credo (~1 business day).
  • Client funds the first payment into escrow with Credo.
  • Client and Pro begin engagement.

Delivery and funding/payment terms include:

  • First funding payment is due upon receipt before work can begin. Any delay in payment will delay the project.
  • All future invoices are sent with net 15 terms. Any project with an invoice 5 or more days overdue will be locked until the outstanding invoice is satisfied.
  • Deliverables and monthly reports not approved by clients within 3 business days will be automatically approved by Credo.
  • Pros are paid bi-monthly and only after deliverables/reports for that payment are uploaded within Credo. If the documents are not uploaded, payment will not be released.

To end a project:

  • Pro and Client should discuss ending the engagement before approaching Credo
  • Once both agree, contact support@getcredo.com
  • The end date will be set for 30 days in the future. Any outstanding invoices must be settled before the project ends. Any scheduled invoices will be pro-rated or cancelled.
  • If the desired end date is fewer than 30 days in advance, the ending party will be liable for 50% of the outstanding balance on the project.

SECTION 1 – ACCEPTANCE OF TERMS

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including the Overview Section listed above along with those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are Providers, Clients, browsers, vendors, customers, merchants, service providers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Clients and Providers are offered the opportunity to amend and/or supplement these Terms of Service during the matching/proposal process. Clients and Providers may mutually agree to additional or different terms of service than what is included herein. Any additional or different terms mutually agreed upon by Client and Provider apply exclusively between the Client and Provider.

ANY ADDITIONAL OR DIFFERENT TERMS VALIDLY AGREED UPON BY CLIENT AND PROVIDER SHALL BE LEGALLY BINDING UPON THE CLIENT AND PROVIDER, BUT IN NO EVENT WILL ANY ADDITIONAL OR DIFFERENT TERMS BE BINDING UPON CREDO. All terms and conditions relevant to Credo’s website and the provision of Credo’s services are exclusively subject to these Terms of Service only, along with any other terms on the Credo website such as the Credo Privacy Policy, Credo Mutual Non-Disclosure Agreement and any other integrated Credo terms and conditions, use guidelines and other written policies available on the Site.

If you are agreeing to these Terms of Service on behalf of a company, business or other legal entity, you represent that you have the authority to contractually bind such entity. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH ENTITY TO THESE TERMS OF SERVICE, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AND YOU MAY NOT ACCESS OR USE THE CREDO SERVICE.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

In using our Site and Services, you agree to follow our Code of Conduct. Violations of our Code of Conduct may result in the immediate removal of your access to this site and/or restrictions on your access to our services. In the event Credo terminates or suspends a user account for violation of the Code of Conduct, any deposit held by Credo at the time of violation shall not be refundable. Credo utilizes Stripe for online payments and the Stripe terms and conditions and privacy policy apply to Credo’s provision of Services and the Site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms may result in an immediate termination of your Services.

You understand that your content (not including credit card information), 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. Credit card information is always encrypted during transfer over networks.

You also understand that Credo reserves the right to not remove unfavorable reviews left on your website. We make every effort to ensure that reviews are only left by actual clients. Should there be a dispute, we will not publish the review until it is resolved. At publish time, however, the review will live on in perpetuity.

Should a pro’s profile fall below the minimum required rating (aggregate three stars), inclusion in the Credo network will be revoked but the profile will remain. Credo exists to bring transparency to the consulting world and this is one of those steps. Should a Pro decide to deactivate their own profile, the profile will be removed.

Credo may access your account in order to respond to your requests for technical support, dispute resolution procedures, or to verify compliance with your obligations to Credo, comply with law, or to maintain and improve its own systems. Credo may, at its option, provide email or other online account support.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 3 – CREDO REFUND POLICY, DISPUTE RESOLUTION BETWEEN CLIENTS AND PROVIDERS, CLAIMS AGAINST CREDO

  1. Credo’s Introduction and Discovery Process Policy

Clients are matched with two (2) relevant Providers in approximately two (2) business days from the time the project is created. The Client then schedules meetings with each match through Credo.

Once Clients have completed the initial meetings, the ability is given to schedule a longer strategy call with each matched pro.

The Client also receives proposals from their matched Providers through Credo. When a proposal is accepted and a project begins, the Client’s deposit is applied to the Client’s project on Credo.

  1.   Credo’s Dispute Resolution between Providers and Clients

Disputes between Providers and Clients are reviewed and handled by Credo on a case-by-case basis. Credo’s dispute resolution service, a form of online mediation, is targeted toward open and obvious disputes between Providers and Clients and includes issues such as uncontested non-payment issues or where a Client claims to have received nothing at all. Additionally, Credo will mediate issues related to what was delivered by Providers and disputes over the project timeline and quality. Credo will not review the accuracy of each individual recommendation made in deliverable documents or monthly reports. For disputes falling within the scope of the types of issues identified above, Credo will mediate the dispute in accordance with the procedures set forth below.

Credo will not mediate communication challenges, structure of projects, individual recommendations, Client’s implementation, or issues with a Client not being happy about results. For example, marketing results are only seen when the work is completed, and competitors are constantly changing as well so results will vary widely by category, marketing channel, and vertical. For disputes falling outside the scope of the issues identified above, or where, after Credo completes the mediation process in accordance with the procedures listed below, the Client and Provider may finally resolve their dispute in accordance with any mutually agreed upon dispute resolution terms which may be included in the supplementary or different terms agreed upon during the Client/Provider matching/proposal process.

The dispute resolution process provided by Credo is not intended to provide a final and binding decision between the relevant parties but is rather intended to provide a quick and efficient dispute resolution process for open and obvious problems that typically arise between Clients and Providers and to provide an initial remedy. Unless expressly agreed upon by the relevant parties, any statements, assertions, allegations or claims provided to Credo during the dispute resolution process shall be considered Proprietary Information and offered for purposes of amicable dispute resolution only. As such, any statements, assertions, allegations or claims made to Credo shall not be admissible as evidence in any subsequent dispute resolution process between the disputing parties. The purpose of this rule is to enable the parties to freely discuss facts related to the dispute and to further amicable dispute resolution outside of the courts or arbitration.

  1. How to Initiate Dispute – Complaint

To initiate a dispute, the complaining party must first provide adequate information and details to Credo sufficient for Credo to review the claim which should include at a minimum (the “Complaint”):

  1.   Identification of the parties’ names;
  2.   when the services were first requested along with a general timeline of the relevant facts;
  3.   a copy of any supplemental or different terms agreed upon by the parties (if any);
  4.   the nature of the dispute and key facts relevant to the dispute.

The information provided to Credo by a complaining party will be electronically forwarded and/or otherwise provided to the opposing party at the time of initiation of the dispute. It is important for Clients and Providers to provide up-to-date contact information to Credo for purposes of notifications related disputes.

Complaints can be filed here.

  1. Failure by a Party to Respond

After a dispute is initiated in accordance with the requirements above, if Credo does not receive a response from the relevant party after 7 calendar days, Credo reserves the unilateral right to do any of the following:

  1. Close the dispute without taking any action; and/or
  2. Request additional information from the complaining party subject to a reasonable time period for compliance; and/or
  3. Release any disputed funds, no matter if the job/services are suspended or completed.

In addition to the above actions, in the event Credo determines that a party has failed to respond at all within a reasonable time in accordance with this Section then Credo is authorized to charge a dispute resolution service fee of US $100 to the non-responding party and will be automatically charged immediately after expiration of the seven (7) calendar day window to respond. Credo will notify the parties of any action taken after a failure to respond to a Complaint.

iii. Response by Opposing Party

Within seven (7) calendar days of receipt of a Complaint, the opposing party shall respond by providing the following information to Credo and the complaining party (the “Response”):

  1. Identification of the parties;
  2. Identification of any disputed facts;
  3. Any counterclaim or mitigating facts related to the Complaint;
  4. A copy of any supplemental or different terms agreed upon by the parties (if any).

Review of Complaint and Response by Credo

After receipt of the Response, Credo will review the Complaint and Response within seven (7) business days. Credo may take any of the following actions based on its unilateral discretion:

  1. Notify the parties that the type of dispute(s) identified in the Complaint and/or Response does not fall within the scope of the types of disputes Credo will mediate; and/or
  2. Request further information from the parties subject to a reasonable time period for compliance; and/or
  3. Propose an equitable solution to the parties’ dispute subject to an additional time period for compliance with the proposed solution; and/or
  4. Release any disputed funds, no matter if the job/services are suspended or completed.

After review of the Complaint and Response, Credo will notify the parties of its decision and take any action indicated which shall be subject to no further review by Credo.

  1. Early Termination

Should either party desire to end the engagement early, 30 days minimum notice is required. If another invoice will be due in that time, the client shall be responsible for that outstanding sum. This final invoice will be pro-rated for the amount of time past that invoice where the Provider will still provide services.

IN THE EVENT CREDO DETERMINES THAT A PROVIDER IS AT FAULT OR THE PROVIDER ENDS THE ENGAGEMENT EFFECTIVELY IMMEDIATELY, IN ADDITION TO THE ACTIONS LISTED ABOVE, PROVIDER SHALL BE CHARGED FIFTY PERCENT (50%) OF THE COMMISSION THAT CREDO WOULD HAVE EARNED IF THE PROJECT HAD BEEN COMPLETED SUCCESSFULLY.  

IN THE EVENT CREDO DETERMINES THAT A CLIENT IS AT FAULT OR THE CLIENT TERMINATES THE ENGAGEMENT IMMEDIATELY (OUTSIDE OF LACK OF PERFORMANCE BY THE PROVIDER AS DETERMINED BY CREDO), IN ADDITION TO THE ACTIONS LISTED ABOVE, CLIENT SHALL BE CHARGED FIFTY PERCENT (50%) OF THE OUTSTANDING BALANCE WHICH SHALL BE SHARED EQUALLY BETWEEN CREDO AND PROVIDER. PROVIDER AND CLIENT AUTHORIZE CREDO TO CHARGE THIS FEE UPON COMPLETION OF THE DISPUTE RESOLUTION PROCESS UNDER THIS SECTION.

  1. Subsequent Dispute Resolution between the Parties after Credo’s Decision

After Credo has made its decision in accordance with the procedures listed above, the parties may still disagree regarding the outcome of the dispute. The parties are free to agree upon their own choice of forum and choice of law relevant to such subsequent disputes. The choice of forum and choice of law may be agreed upon in any supplementary or amended terms during the matching/proposal process, or in any subsequent agreement between the parties. Any and all claims against Credo shall be expressly and exclusively subject to the section below related to Claims against Credo. CLIENT AND PROVIDER WAIVE ANY CLAIMS AGAINST CREDO TO THE FULLEST EXTENT POSSIBLE UNDER RELEVANT LAW RELATED TO CREDO’S PROVISION OF SERVICES AS AN ALTERNATIVE DISPUTE RESOLUTION PROVIDER.

  1.    Claims against Credo, Choice of Forum, Choice of Law

Any dispute, claim or controversy against Credo that arises out of or relates to these Terms of Service or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Denver, Colorado before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration.  The arbitrator(s) shall apply Colorado law to the merits of any dispute or claim, without reference to conflicts of law rules.  The parties hereby consent to the personal jurisdiction of the state and federal courts located in Colorado for any action or proceeding arising from or relating to any arbitration in which the parties are participants. In any action at law or equity that is brought by one of the parties to this Agreement to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to the costs of the arbitration, reasonable attorneys’ fees, and any other relief to which that party may be entitled.

SECTION 4 – TREATMENT OF PROPRIETARY INFORMATION AND INTELLECTUAL PROPERTY

  1.    Proprietary Information of Credo, Clients, Providers, and Others

Unless otherwise mutually agreed upon by Credo, Client or Provider in a valid addendum or amendment, which shall supersede any conflicting terms herein, all business, technical or financial information disclosed by Credo, Clients and Providers in connection with the Credo services is the “Proprietary Information” of the disclosing party. Each Client, Provider, and Credo will hold in confidence and not disclose to others any Proprietary Information.

Neither Client, Provider or Credo will use Proprietary Information for any purposes other than evaluation and effectuation of the services offered on the Credo website. However, no party will be obligated under this section with respect to information that you can document is or becomes readily publicly available without restriction and through no fault of the party seeking to use the alleged Proprietary Information outside the scope of the Credo services. Any party may make third-party disclosures of Proprietary Information required by law or court order provided that advance written notice is given to the party who owns or provided the Proprietary Information and who then has a reasonable opportunity to respond and object to such disclosure.

  1.   Ownership of Intellectual Property

All content uploaded through Credo is owned by the Client receiving and paying for the content.

  1.  Credo Intellectual Property

All rights, title and interest in and to the Credo Service will remain with and belong exclusively to Credo. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Credo Service available to any third party, (b) use the Credo Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Credo Service or its related components, or (c) modify, adapt or hack the Credo Service to, or try to, gain unauthorized access to the Credo Service or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Credo Service, or any other products or services of Credo that are not readily made available to the general public or to you using your own account name and password as instructed by Credo).

  1. Reservation of Rights and Notice of Copyright Infringement.

Credo and its licensors each own and retain their respective rights in and to all logos, company names, marks, trademarks, copyrights, trade secrets, know-how, patents and patent applications that are used or embodied in or otherwise related to the Credo Service. Credo grants no other rights or licenses (implied, by estoppel, or otherwise) whatsoever to you under these Terms of Service. If you believe that content uploaded on our Site infringes a copyright or other intellectual property rights, please send a notice of infringement to hello@getcredo.com with the subject line “COPYRIGHT”.

iii. Client and Provider Intellectual Property and User Content

Unless expressly agreed upon otherwise in a valid supplement or addendum between Client and Provider, all rights, title and interest in and to the Provider and Clients’ intellectual property will remain with and belong exclusively to each party respectively, however, any work performed by Provider in connection with the Credo Services shall be considered a “WORK MADE FOR HIRE” as defined in the U.S. Copyright laws, and shall be owned by and for the express benefit of the Client. In the event it should be established that such work does not qualify as a Work Made for Hire, Provider agrees to and does hereby assign to Client all of Provider’s right, title, and interest in such work product including, but not limited to, all copyrights and other proprietary rights. Client retains ownership of their rank tracking, Google Ads account, and similar accounts.

By posting your profile information and other related content (“User Content”) on or through the Credo Service, you grant Credo a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform User Content in connection with the Credo Service. Note that this does not apply to content delivered to and for clients, ownership of which remains with the Client and Pro. Credo will not distribute or use for other purposes proprietary content created between the parties.

Credo has the right, but not the obligation, to monitor the Credo Site and User Content. Credo may remove or disable any User Content at any time for any reason, or for no reason at all.

You are solely responsible for all data, information and other content, that you upload, post, or otherwise provide or store (hereafter “post(ing)”) in connection with or relating to the Site or Service.

You understand that the operation of the Credo Site and Service, including User Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Credo’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Credo Service and Site. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. Credo will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.

You may submit ideas, suggestions, or comments (“Feedback”) regarding the Credo Site or Service. By submitting any Feedback, you acknowledge and agree that (a) your Feedback is provided by you voluntarily and Credo may, without any obligations or limitation, use and exploit such Feedback in any manner and for any purpose, (b) you will not seek and are not entitled to any money or other form of compensation, consideration, or attribution with respect to your Feedback regardless of whether Credo considered or used your Feedback in any manner, and (c) your Feedback is not the confidential or proprietary information of you or any third party.

SECTION 5 – ERRORS, OMISSIONS, ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk.

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 the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

SECTION 6 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our Services are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 10 – USER’S REPRESENTATIONS AND WARRANTIES

You represent and warrant that (a) you own all User Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow Credo to use the same as permitted in these Terms) in connection with the Credo Service; (b) User Content and other activities in connection with the Credo Service, and Credo’s exercise of all rights and licenses granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does User Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; (c) Clients and Providers are acting in an independent contractor capacity only, not as employer-employee, and each agree to be responsible for compliance all federal/national, state/provincial and local taxes relevant to their services and relationship (Credo bears no responsibility for payment of user’s tax obligations whatsoever); (d) you are eighteen (18) years of age or older; (e) you have full authority to agree to these Terms on behalf of any entity you purport to represent.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE CREDO SERVICE, AND PARTICULARLY THE SITE, CONTENT, PROPRIETARY INFORMATION AND ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND CREDO EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY REPRESENTATIONS OR WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT CREDO DOES NOT WARRANT THAT YOUR ACCESS OR USE OR BOTH OF THE CREDO PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, AND CREDO DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CREDO SERVICE, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM CREDO OR THROUGH THE CREDO SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

SECTION 12 – EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY

CREDO, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SERVICE, SITE, CONTENT, PROPRIETARY INFORMATION, OR ANY INTERRUPTION OR DISRUPTION OF SUCH USE, EVEN IF CREDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE). THE AGGREGATE LIABILITY OF CREDO WITH REGARD TO THESE TERMS OF SERVICE WILL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID BY YOU TO CREDO FOR USE OF THE SERVICE (EXCLUDING AMOUNTS PAID TO PROVIDERS FOR THEIR SERVICES).

SECTION 13 – JURISDICTIONAL LIMITATIONS

Some states and other jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, CREDO’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Credo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You agree to advance reasonable attorneys’ fees and costs to Credo for purposes of enforcing this Section.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the State of Colorado, United States of America. Jurisdiction and venue for any and all claims against Credo are listed in Section 3.D, above.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@getcredo.com.

Loading...