EXTRACTCRAFTER.COM TERMS OF USE
Effective Date: 9/29/2020
Welcome to ExtractCrafter.com (the “Site”). The Site is operated by IchiBanCrafter LLC (“ExtractCrafter” or “we” or “us”). These Terms of Use (“Terms” or “Agreement”) are an agreement between you and ExtractCrafter.
By using the Site or using any services provided by ExtractCrafter through the Site (the “Services”), you agree to read, comply with, and be legally bound by: (a) these Terms; (b) ExtractCrafter’s Privacy Policy (available at https://extractcrafter.com/extractcrafter-privacy-policy/); and (c) any additional rules and regulations for using the Site or any Services (the “Rules”) made available or published by ExtractCrafter from time-to-time. If you do not read and agree to the Terms and Rules, you may not use the Site or any Services.
YOU MAY NOT USE OUR SITE, OUR SERVICES OR ANY INFORMATION YOU OBTAIN FROM US (WHETHER THROUGH OUR SITE, OUR SERVICES OR OTHERWISE) FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSE; NOR MAY YOU, IN THE USE OF OUR SITE, OUR SERVICES OR ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY, VIOLATE ANY LAWS IN YOUR JURISDICTION (INCLUDING, BUT NOT LIMITED TO, LAWS REGULATING CONTROLLED SUBSTANCES AND COPYRIGHT LAWS).
I. ACCEPTANCE OF TERMS
ExtractCrafter is pleased to provide you the information and features of the Site and Services upon your acceptance, without modification by you, of the terms, conditions and notices comprising these Terms. These Terms may be updated and modified by us from time-to-time, without notice to you, by making revised Terms available through the Site. You can review the most current version of these Terms at any time by clicking on the “Terms and Conditions” link on our Site. We hope that you will find the information and features provided on the Site and through the Services informative and useful. Please feel free to email us at ichibancrafter@gmail.com with your thoughts about the Site or Services, or to request more information about ExtractCrafter, our Site or the Services.
II. IMPORTANT DISCLAIMERS
WE DO NOT, THROUGH OUR SITE, OUR SERVICES OR OTHERWISE, OFFER ANY MEDICAL ADVICE. WE DO NOT INTEND FOR YOU TO, AND YOU SHOULD NOT, RELY ON ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION, TREATMENT OPTIONS OR OTHER MEDICAL RELATED ISSUES. NEVER DISREGARD, OR FOREGO, PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING MEDICAL ADVICE BECAUSE OF INFORMATION YOU OBTAINED IN ANY WAY FROM US, WHETHER THROUGH OUR SITE, OUR SERVICES OR OTHERWISE.
WE DO NOT, THROUGH OUR SITE, OUR SERVICES OR OTHERWISE, OFFER ANY LEGAL ADVICE. OUR SITES AND SERVICES DISCUSS AND PROVIDE INFORMATION ABOUT THINGS THAT MAY BE ILLEGAL WHERE YOU LIVE. WE DO NOT INTEND FOR YOU TO, AND YOU SHOULD NOT, RELY ON ANY INFORMATION YOU OBTAIN FROM US IN ANY WAY AS A SUBSTITUTE FOR PROFESSIONAL LEGAL ADVICE OR AS A REPRESENTATION, INDICATION OR OTHER SUGGESTION THAT YOUR ACCESS AND USE OF OUR SITES AND/OR OUR SERVICES COMPLIES WITH ALL LAWS APPLICABLE TO YOU. ALWAYS SEEK THE ADVICE OF YOUR ATTORNEY OR OTHER QUALIFIED LEGAL PROFESSIONAL WITH LEGAL QUESTIONS, INCLUDING, BUT NOT LIMITED TO, ANY QUESTIONS YOU HAVE ABOUT WHETHER YOUR ACCESS TO OR USE OF OUR SITE OR SERVICES COMPLIES WITH ALL LAWS APPLICABLE TO YOU. NEVER DISREGARD, OR FOREGO, PROFESSIONAL LEGAL ADVICE BECAUSE OF INFORMATION YOU OBTAIN IN ANY WAY FROM US, WHETHER THROUGH OUR SITE, OUR SERVICES OR OTHERWISE.
THE INFORMATION ON OUR SITE AND SERVICES MAY NOT COVER ALL POSSIBLE USES, DIRECTIONS, PRECAUTIONS OR ADVERSE EFFECTS. IF YOU CHOOSE TO USE ANY INFORMATION YOU OBTAIN FROM US, WHETHER THROUGH OUR SITE, OUR SERVICES OR OTHERWISE, FOR ANY THING OTHER THAN INFORMATIONAL OR ENTERTAINMENT PURPOSES, YOU DO SO AT YOUR OWN RISK.
THE FOREGOING DISCLAIMERS AND LIMITATIONS ON LIABILITY SHALL NOT LIMIT THE MORE GENERAL DISCLAIMERS AND LIMITATIONS ON LIABILITY OTHERWISE SET FORTH IN THESE TERMS, OUR PRIVACY POLICY, OUR RULES OR ANY OTHER AGREEMENT BETWEEN YOU AND EXTRACTCRAFTER.
III. ACCEPTABLE USE
In addition to other requirements stated in these Terms and the Rules, your use of the Site and Services is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
You shall not upload to, transmit through, or display via the Site or Services any content that:
- Is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights;
- Contains confidential, proprietary or trade secret information of any third party;
- Violates the rights of others, including, but not limited to, any privacy rights or rights of publicity;
- Impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity or uses any fraudulent, misleading or inaccurate email address or other contact information;
- Makes any statement, express or implied, that you are endorsed by ExtractCrafter;
- Provides, or attempts to provide, any medical, legal, financial or other professional advice, regardless of whether you are qualified, licensed or otherwise authorized to provide this type of advice;
- Harms minors in any way, including, but not limited to, by depicting content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- In our sole judgment is inappropriate or objectionable or which restrict or inhibits any other person from using or enjoying the Site or Services or which may expose ExtractCrafter, any of its officers, directors or employees or other users to any harm or liability of any type;
- Depicts pornography or sexual acts;
- Promotes or depicts violence or graphic imagery; or
- Encourages, promotes or depicts self-harm or suicide.
You shall not use the Site or any Services to engage in any of the following activities:
- Accessing, using or uploading content to, or attempting to access, use or upload content to another user’s account without permission;
- Transmitting, uploading or downloading any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Inciting or engaging in harassment of others;
- Threatening or encouraging any form of physical violence;
- Disclosing anyone’s private information without their consent;
- Spamming anyone, including, but not limited to, other users; or
- Circumventing any restrictions or controls we have put in place, including attempting to circumvent suspension of your account or access to the Site or Services.
Additionally, you shall not:
Try to obtain unauthorized access to any account associated with the Site or Services;
Try to open an account if you are under the age of majority in your state or province of residence;
Provide false or misleading information at any time when opening or using an account;
Try to use the Site or Services in a commercial manner, rather than for personal and non-commercial recreation;
Use the Site or any Service in a manner inconsistent with these Terms, the Rules or applicable law;
Modify or interfere with the Site, any Service or any other software or ExtractCrafter Content – including location, access and other security features – for any reason, or permit or help anyone else to do so;
Use the Site or Services, while you are located outside the United States; or
Interfere with or alter the Site, any Service or other software or ExtractCrafter Content.
IV. OWNERSHIP OF THE SITE AND CONTENT
All right, title and interest in and to the Site and Services, including, but not limited to, all of the software and code that comprise and operate the Site and Services, and all of the text, photographs, illustrations, images, graphics, audio, video, URLs, advertising copy and other materials provided through the Site and Services (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. The Site and Services are protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of the Site and Services is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of the Site and Services.
We hereby grant you a limited, revocable license to download and print copies of any portion of the Content to which you have properly gained access, but only for your own personal, non-commercial use, and only if you do not remove, modify or obscure any copyright, trademark or other proprietary notices from the Content you download or print. The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or other automatic or manual device, software, program, code, algorithm or methodology to access, copy or monitor any portion of the Site, Services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site, any Service or Content, or obtain, or attempt to obtain, any materials or information through any means not purposely made available by us through the Site and Services. We reserve the right to take measures to prevent any such activity. This license is revocable at any time without notice and with or without cause. You may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the Content on the Site and Services except as expressly provided in these Terms. Nothing in these Terms shall be construed as transferring any right, title or interest in the Site or Services, or their Content, to you or anyone else, except the limited license to use the Site and Services, and their Content, on the terms expressly set forth herein.
Notwithstanding the foregoing, and specifically with regard to trademarks, the ExtractCrafter names and logos (including, but not limited to, those of its affiliates), all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Site and Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of ExtractCrafter and/or its affiliates (the “ExtractCrafter Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Site or Services are the property of their respective owners. You are not authorized to display or use the ExtractCrafter Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company logos, service marks and/or trade dress of other owners featured within the Site and Services without the prior written permission of such owners. The use or misuse of the ExtractCrafter Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
V. USER CONTENT
The Site and/or Services may provide you with the ability to add, create, upload, submit, distribute, post or share content on or through the Site and/or Services, including, but not limited to, website links, opinions, information, photos, profiles, videos and audio clips (collectively, “User Content”). For example, ExtractCrafter may allow user photos to be uploaded to our social media feeds by associating certain tags to their social media posts.
By posting or streaming any User Content on the Site and/or Services, you expressly grant, and represent and warrant that you have the right to grant, to ExtractCrafter a non-exclusive, irrevocable, worldwide, transferable, royalty-free, perpetual license to publicly display, publicly perform, reproduce, distribute, create derivative works of, and sublicense your User Content in any manner or through any media now known or later developed without any payment or obligation to you.
ExtractCrafter has the right, but not the duty, to pre-screen, edit, refuse, move or remove any User Content posted to the Site and/or Services.
VI. ACCOUNTS
You may be required to open an account or register with ExtractCrafter, or link or otherwise provide access to your account with a third party (such as WordPress, Google, Facebook or Twitter), in order to use some of the features on the Site and certain Services. By registering with us or opening any account associated with the Site or Services (including any linked third party account), you are certifying to us that: (a) you are at least the age of majority in the state or province in which you reside; (b) you are legally able to enter into contracts; (c) you are not a person barred from receiving or using the Site or any Services under federal, state, local or other laws; (d) you are located in the United States; and (e) for linked third party accounts, you are the authorized account-holder for such linked third party account. Note, if you use a linked third party account, ExtractCrafter does not own or control such linked third party accounts and ExtractCrafter has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party account provider. For more information about third party accounts and content, please see Section IX below.
If you become a registered user or open or link any account associated with the Site or Services, you must provide true, accurate, current and complete information about you as may be prompted by any registration form. If any information you previously provided ExtractCrafter changes, you must promptly update the relevant information.
You acknowledge and agree that ExtractCrafter has the right, but not the duty, to close, suspend, investigate, monitor or limit your access to your account or any account associated with the Site or Services, or otherwise deny you access to the Site and Services, in our sole discretion, without prior notice to you and without liability to you.
VII. PASSWORD PROTECTED AREAS
For your protection, certain areas of the Site and access to certain Services may be password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Site or Services using a valid password associated with your account has the right to do so. You will be solely responsible for the activities of anyone accessing the Site or Services using a valid password associated with your account, even if the individual is not, in fact, authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it.
VIII. ADDITIONAL INFORMATION SHARING
ExtractCrafter may provide you with the option to share your experiences with others through your account and the Site and Services. If you open an account, you understand that ExtractCrafter will collect and maintain information related to your use of the Site and Services. ExtractCrafter captures, though may not always display, that information to your account in order to provide the Services to you through the Site. To the extent we allow user generated content to be published or streamed through the Site or Services, we also collect and publish the User Content, such as your personal photographs, videos and audio recordings, that you submit in connection with your account.
IX. THIRD PARTY WEBSITES AND ADVERTISING
The Site and Services may contain links to third party sites that are not owned or controlled by ExtractCrafter. ExtractCrafter has no control over, and assumes no responsibility for, the content, privacy policies or practices of any third party websites and you expressly agree that ExtractCrafter does not need to give you notice that you are leaving the Site or Services. In addition, ExtractCrafter will not, and cannot, censor or edit the content of any third party website. By using the Site or Services you expressly relieve ExtractCrafter from any and all liability arising from your use of any third party website. We encourage you to be aware when you leave the Site or Services and to read the terms and conditions of each other website you visit.
The Site allows you, or could in the future allow you, to share content through various platforms, websites and mobile applications, including, but not limited to, Facebook and Twitter. You understand that ExtractCrafter does not control what information gets published to those platforms, websites and mobile applications or who has access to that information. Those sites are managed by third parties and governed by the terms of use and privacy policies published on those sites.
Advertising may be presented to you when you use the Site or any Services. You consent to receiving such advertisements. You also acknowledge and agree that ExtractCrafter is not responsible for any products or services provided by advertisers outside of ExtractCrafter, its subsidiaries or its affiliated companies.
X. AGREEMENT TO FOLLOW APPLICABLE LAWS
You certify that you will comply with all applicable laws (e.g., local, state, federal and other laws) when using the Site or any Service or any ExtractCrafter Content as permitted by, and in accordance with, these Terms. You will be responsible for any cost, expense, fee or liability of any kind (including, but not limited to, attorney’s fees) that ExtractCrafter incurs if you break the law, violate the Rules, breach these terms or misuse the Site, Services or information ExtractCrafter provides. And, if you break the law, violate the Rules, breach these terms or misuse the Site, Services or information ExtractCrafter provides, you acknowledge and agree that you will reimburse, indemnify and hold harmless ExtractCrafter, its subsidiaries and its affiliated companies and the employees, directors, officers and agents of all aforementioned companies from any money damages, costs, expenses, liabilities and attorney’s fees resulting from any claim, threat, demand, suit or investigation brought by another person, entity or government. Without waiving any of these rights, ExtractCrafter may, but has not obligation to, at its sole discretion, defend itself against any such claim, threat, demand, suit or investigation without your consent, provided that the foregoing will not relieve you of your indemnification obligations under these Terms. All of your obligations in this paragraph survive and continue after any termination of these Terms.
XI. ADDITIONAL PRIVACY TERMS
ExtractCrafter may collect, use, and disclose your location, personal, and non-personal information. Please visit https://extractcrafter.com/extractcrafter-privacy-policy/ to see ExtractCrafter’s complete Privacy Policy. That Privacy Policy may be updated from time to time, so please review it regularly. By opening and maintaining an account associated with the Site or Services, you are consenting to the collection, use, disclosure, transfer, and sharing of your location, nonpublic personal, and non-personal information by ExtractCrafter, its subsidiaries and its affiliated companies, including, but not limited to, sharing such information with companies other than ExtractCrafter, its subsidiaries, and its affiliated companies. If you do not accept the terms of ExtractCrafter’s Privacy Policy, or the specific Privacy Policy associated with a Service, please close your account and discontinue all use of the Site and Services.
XII. AGE RESTRICTION
All people under the age of majority in the state or province in which they reside are prohibited from using the Site and any Services. We do not market or advertise to persons under the age of majority in the state or province in which they reside. If you are younger than the age of majority in the state or province in which you reside, you are prohibited from access or using the Site and any Services, opening any account, and/or submitting information through the Site or to us.
ExtractCrafter does not purposely store personal information for persons under 13 years of age. If ExtractCrafter learns that the Site or any Services have collected such information, ExtractCrafter will take appropriate steps to delete it. If you are a parent or legal guardian of any person under the age of 13 and discover that your child has submitted information through the Site or to us, or obtained an account, you may contact us at ichibancrafter.com and ask us to close the account and remove any personal information about your child from our systems.
XIII. USER COMMENTS AND FEEDBACK
ExtractCrafter will terminate your access to the Site and Services if, under appropriate circumstances, you are determined to be a repeat infringer. ExtractCrafter has the right, but not the duty, in its sole and exclusive discretion, to decide whether a comment or any other submission is inappropriate or otherwise violates these Terms, other than copyright infringement, such as, but not limited to, obscene, defamatory or just plain obnoxious material. ExtractCrafter has the right, but not the duty, to remove such comments or submissions, terminate your access to the Site or Services, or terminate your ability to upload any User Content at any time, without prior notice and at its sole discretion.
XIV. DIGITAL MILLENNIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any user submission or other content on the Site or Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing ExtractCrafter with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit ExtractCrafter to locate the material;
- Information reasonably sufficient to permit ExtractCrafter to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA claims may be sent to the following address:
ichibancrafter@gmail.com.
NOTE: YOU ACKNOWLEDGE THAT IF YOU FAIL TO COMPLY WITH ALL OF THE REQUIREMENTS OF THIS SECTION XIV, YOUR DMCA NOTICE MAY NOT BE VALID.
XV. GOVERNING LAW
These Terms and any separate agreements whereby we provide you with access to the Site or any Services shall be governed by and construed in accordance with the laws of the State of Colorado. You agree to litigate exclusively in the state of federal courts in Denver County, Colorado, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
XVI. DISCLAIMER OF WARRANTIES
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE, SERVICES OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITE OR SERVICES. THE SITE, SERVICES AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE AND SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITE OR SERVICES; (D) THAT THE CONTENT OF OUR SITE OR SERVICES IS ACCURATE, COMPLETE, CURRENT OR RELIABLE; AND (E) THAT OUR SITE OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
EXTRACTCRAFTER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED EXTRACTCRAFTER SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER CONTENT OR PROVIDED BY ANY THIRD PARTIES, AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF EXTRACTCRAFTER. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
XVII. LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE, OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
IF YOU ARE ACCESSING THE SITE OR SERVICE FROM NEW JERSEY, YOU (A) ASSUME ALL RISKS OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY SERVICE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THE APP OR ANY SERVICE; AND (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE EXTRACTCRAFTER AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SITE OR ANY SERVICE; AND (D) YOU VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST EXTRACTCRAFTER FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF EXTRACTCRAFTER AND THEIR AGENTS AND EMPLOYEES. YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
XVIII. INDEMNIFICATION
You agree to defend, indemnify and hold harmless ExtractCrafter, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Services including, but not limited to, your contribution of any User Content, any use of the ExtractCrafter Content, services and products other than as expressly authorized in these Terms or your use of any information obtained from the Site or Services. In such as case ExtractCrafter shall have the exclusive right to select and approve of counsel, whom you will pay pursuant to your obligation herein, to defend ExtractCrafter.
XIX. TERMINATION
ExtractCrafter may cancel, suspend or block your use of the Site or Services without notice if there has been a violation of these Terms or the Rules. Your ability to use the certain portions of the Site and certain Services will end once your account is terminated, and any data you have stored through the Site or Services may be unavailable later, unless ExtractCrafter is required to retain it by law. You may terminate your account at any time. ExtractCrafter is not responsible or liable for any records or information that is made unavailable to you as the result of your termination of your account.
YOU AGREE THAT EXTRACTCRAFTER WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCOUNT OR ACCESS, IN WHOLE OR IN PART, TO THE SITE AND SERVICES.
Any limitations on liability that favor ExtractCrafter will survive the expiration or termination of these Terms for any reason.
XX. LEGAL COMPLIANCE
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (b) you are not listed on any U.S. Government list of prohibited or restricted parties; and (c) you will not, at any time, access or otherwise use the Site or Services from outside the United States. If you do access or use the Site or Services outside the United States, you are solely responsible for ensuring that your access and use of the Site or Services in such country, territory or jurisdiciton does not violate any applicable laws. We reserve the right, but have no obligation, to, in our sole discretion, monitor where our Sites and Services are accessed from, and the right, but not the obligation, to block or otherwise restrict access to our Sites and Services, in whole or in part, from any geographic location.
XXI. OTHER TERMS
ExtractCraft’s failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
XXII. CONTACT INFORMATION
You may contact us for any reason, including to report potential violations of these Terms or the Rules by others, by email at ichibancrafter.com.