Terms of Service

Effective May 1, 2019

Introduction

This website (the “Site”) is owned and operated by CEO Vision, Inc. (DBA “croquet” or “us”), and is used by you under these Terms of Service. By using the Site, you agree to (1) these Terms of Service and (2) croquet’s Privacy Policy. If you do not agree to the terms and conditions in these documents, you are not authorized to use the Site. If you are using the Site on behalf of you personally, “you” means you individually; if you represent an organization, “you” means your organization.

We may revise these Terms of Service at any time by posting an update to this page. Revised terms will have a more current effective date, shown at the top of this page. Your continued use of the Site after a posting of changes will mean you accept those changes, whether you have read them or not.

Personal Use Only

The Site is made available for your personal, non-commercial use only, so that you may view demonstrations of croquet products and learn about croquet products and services. You may not “scrape” the Site. We grant you permission to display, copy, and download content on the Site for personal, non-commercial and informational use only provided that you may not (a) modify the content or (b) remove or alter any copyright or other proprietary notices contained in the content. “Otherwise, you may not copy content from the Site, and may not mirror our home page or content on another website. You may not present our content in frames on another website. If you want to make commercial use of our products or services, you must enter into a separate agreement with us to do so in advance.

Our Intellectual Property

Croquet owns the copyright to the Site and all Site materials including, but not limited to, croquet logos and trademarks, designs, text, graphics, images, audio and video clips, software, interactive features and other works of authorship and other material, and the selection and arrangement thereof. Such content is protected by United States and international copyright, trademark, and other intellectual property laws. Except as may be expressly stated in these Terms of Service, none of our content may be copied, reproduced, or distributed in any form without the prior written permission of croquet.

You may not use any meta tags or any other “hidden text” utilizing a croquet name, trademark or product name without croquet’s express written consent.

Croquet makes no claims that the content may be lawfully viewed or downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Service are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Croquet Accounts

You are solely responsible for the activity that occurs on your account, and for keeping your account password secure. You must notify croquet immediately of any breach of security or unauthorized use of your account.

Copyright Infringement Claims

Croquet takes intellectual property protection seriously. We do not knowingly make any content available on the Site that infringes the intellectual property rights of any person or entity. If you believe that any content on the Site infringes your intellectual property rights, please contact us at [insert email address]. We will take prompt action to investigate any claim of infringement, and if it appears to us that any content of the Site is subject to a legitimate claim of infringement, we will immediately remove that content.

Warranty Disclaimer

THE SITE AND THE CONTENT ON THE SITE THAT IS MADE AVAILABLE TO YOU ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

The Site is controlled and offered by croquet from its facilities in the United States of America. CEO Vision makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.

Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. IN NO EVENT SHALL CROQUET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY (I) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (II) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (III) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, OR (VI) DIRECT DAMAGES IN EXCESS OF $100; WHETHER OR NOT CEO VISION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES; THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You agree to defend, indemnify and hold harmless croquet, its officers, directors, employees, agents, affiliates, parents and subsidiaries from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the croquet Site; or (ii) your violation of any term of these Terms of Service. This defense and indemnification obligation will survive these Terms of Service and your use of the CEO Vision Site.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site.

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by croquet without restriction.

General

These Terms of Service shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and croquet that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in North Carolina. These Terms of Service, together with our Privacy Policy, constitutes the entire agreement between you and croquet concerning your access to and use of the Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and croquet’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. No agency, partnership, joint venture, or employment is created as a result of these Terms of Service and you do not have any authority of any kind to bind croquet in any respect whatsoever.