The Crause dot com Web Site - Terms of Use

INTRODUCTION

Welcome to the Crause dot com Web site. The Crause dot com Web site is owned and operated by K. Crause Investments cc (referred to herein as "we," "us," or "our").

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS CRAUSE DOT COM WEB SITE. By using the Crause dot com Web site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Crause dot com Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Crause dot com Web site following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS

All materials contained in any part of the Crause dot com Web site are the copyrighted property of Kevin Crause & K.Crause Investments cc, its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to either Crause dot com or its affiliates. No material from the Crause dot com Web site or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You further warrant that you will;

(i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the materials, (iii) not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) not download quantities of materials to a database that can be used to avoid future downloads from any Crause dot com Web site. For purposes of these terms, the use of any such material on any other Web site or computer environment is prohibited.

In the event you download software, images or any other graphic or audio content (referred herein after as “site content”) from the Crause dot com Web site, the content, including any data files incorporated in or generated by the content, are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to the content to you. We (or third-party licensors) retain full and complete title to the content and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce any of the content to a human-readable form.

SUBMISSIONS

We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials.

While we do value your feedback on our services and products, we request that you be specific in your comments on those services and / or products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).

If, at our request, you send certain specific submissions or, despite our request, you send us creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

PUBLIC COMMUNICATION

If you participate in any dialog, either via e-mail or other form whatsoever with the Crause dot com Web site, it’s staff, affiliates or partners, you must not:

• defame, abuse, harass or threaten others;
• make any bigoted, hateful, or racially offensive statements;
• advocate illegal activity or discuss illegal activities with the intent to commit them;
• post or distribute any material that infringes and/or violates any right of a third party or any law;
• post or distribute any vulgar, obscene, discourteous, or indecent language or images;
• advertise or sell to or solicit others;
• post or distribute any software or other materials that contain a virus or other harmful component; or

It is our policy to respect the privacy of all customers. Therefore, in addition to the privacy of Registration data (see our Privacy Policy), we will not monitor, edit, or disclose the contents of a customer's e-mail unless (a) you authorize us to do so, (b) we must do so in order to resolve technical problems on the Crause dot com Web site; or (c) unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect the safety of our customers or the public. Customers shall remain solely responsible for the content of their messages.

By uploading or submitting any materials to us, you automatically grant (or warrant that the owner of such materials expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user- generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to trade or make any investment decisions based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading or investment decisions made based on such information.

CONTENT LINKED TO ANY Crause dot com WEB SITE

Please exercise discretion while browsing the Internet using any Crause dot com Web site links. You should be aware that when you are on the Crause dot com Web site, you may elect to follow a link to another Web site(s) that are beyond our control. There are links to other sites from the Crause dot com pages that may in turn result in the user being redirected to Web sites that have not been reviewed and tested for suitability by Crause dot com staff. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on Crause dot com Sites may send cookies to users that we do not control. Crause dot com, however, will use every effort to ensure that third parties, business partners, advertisers and the like conform to the family oriented ethos of the Crause dot com business. We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance or legality of material contained in sites listed in our links or reference sections on the Crause dot com Web site.

Please keep in mind that whenever you give out personal information online --- for example, via e-mail, message boards etc. --- that information can be collected and used by people you don't know. While the Crause dot com Web site strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk

DISCLAIMER

THE MATERIALS IN THIS CRAUSE DOT COM WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE MS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MS WEB SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE CRAUSE DOT COM WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Crause dot com Web site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Crause dot com Web site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

CREDIT CARDS

Crause dot com takes the issue of your privacy seriously. We will not provide your credit card number, billing and shipping information to any merchant or third party not directly involved in the operation of the Crause dot com Web site. WE DO NOT SHARE YOUR CREDIT CARD INFORMATION WITH ANYONE ELSE. For more information, please read our Privacy Policy. To protect the security of your credit card information, we employ the industry-standard Secure Sockets Layer (SSL) technology. We also encrypt your credit card number when we store your order.

SERVICES/BILLING

Most of the services offered on the Crause dot com Web site are fee-based services. If you in any way contract Crause dot com to provide a product or service and you elect to make use of our secure, on-line payment facility, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to customers.

Crause dot com agrees that it will terminate a Customer's account upon notice from Customer. If cancellation is received 3 (three) days prior to the commencement and / or delivery of a product or service the Customer will be refunded any retainer paid less any reasonable transaction processing fees. If a Customer has a balance due on the Crause dot com account after delivery of services, then that Customer agrees that Crause dot com can charge these unpaid fees to their credit card or present a statement directly to Customer for settlement in accordance with the terms of the service contract.

Customer's right to use the on-line, secure, credit card Service is subject to any limits established by Crause dot com or by Customer's credit card issuer. If payment cannot be charged to Customer's credit card or Customer's charge is returned for any reason, including chargeback, Crause dot com reserves the right to either suspend or terminate services to said Customer. In the event of such non-payment, Crause dot com may in addition to terminating further services seek damages for unpaid services rendered.

INDEMNIFICATION

In the event that you make use of and registration services offered by Crause dot com, then you are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CRAUSE DOT COM CONTENT, MATERIALS OR FUNCTIONS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE CRAUSE DOT COM WEB SITE.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials offered in the Crause dot com Web site are presented solely for the purpose of advertising or marketing the services offered by Crause dot com. The Crause dot com Web site is controlled and operated by K. Crause and any of his affiliates, currently based in the Western Cape, South Africa. We make no representation that materials on the Crause dot com Web site are appropriate or available for use in any particular location. Those who choose to access the Crause dot com Web site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

TERMINATION

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Crause dot com Web site and destroying all materials obtained from the Crause dot com website. Your access to the Crause dot com Web site may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease to make use of the Crause dot com Web site.

GENERAL PROVISIONS

These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Cape Town, South Africa, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We may give notice to our users by means of a general notice on the Crause dot com Web site, electronic mail to a user's e-mail address on our records, or by written communication sent by first-class mail to a user's address on our records.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.

Notification must be submitted to the following Designated Agent:

Service Provider: Crause dot com

Name of Agent Designated to Receive Notification of Claimed Infringement: Kevin Crause

Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 715, Mossel Bay, Western Cape, South Africa.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.