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Terms of Service

Effective Date: September 1, 2018

Unless we state otherwise, these Terms of Service apply when you visit or use the Company website(s), termed “Sites(s)” and referring to: https://www.criticalfunctions.com and associated subdomains such as: https://member.criticalfunctions.com as well as our social media channels which are all collectively known as the Company’s platforms (“Platforms”).

On the Site, we provide access to risk management information and services (“Service(s)”).

The terms “we”, “us”, and “our” refer to Critical Functions, LLC (“Company”).

The term “user,” “customer,” “you,” and “your” refers to visitors, users and customers of the Platform and/or Service.

By using our Platform and/or Service, whether made available for purchase or not, you are agreeing to the following Terms of Service, our Privacy Policy (located here: https://www.criticalfunctions.com/privacy-policy/) or any other agreement that governs your use of our Platform or Service (collectively, “Agreements”). You should not use our Platform or Service if you do not agree with the terms and conditions contained in these Agreements.

USE OF THE PLATFORM AND SERVICE

To access or use the Platform and/or Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. Minors are prohibited from using the Platform and/or Service.

LAWFUL PURPOSES

You may use the Platform and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you. You agree to use the Platform and/or Service and to purchase services or products for legitimate purposes only. You shall not post or transmit through the Platform and/or Service, and we are not responsible for screening; any material which violates or infringes the rights of others, constitutes a copyright or trademark infringement; that which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

ACCOUNT CREATION

In order to use the Platform and/or Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any account information you provide on the Platform or to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Platform and/or Service, violate any laws.

BLOG POST COMMENTS

You may contribute content to the Platform in the form of comments on blog posts. The comments feature is intended to facilitate an educational, constructive and informative conversation about the topics on the Platforms. The conversations are not a substitute for professional, medical, legal, financial, or other advice and do not make you a client or customer of the Company.

We are not responsible for material appearing in any forum on the Platforms, except for material signed by one of our identified representatives. We retain, however, the right to modify or remove comments, postings, or other material that we, in our sole discretion, consider a violation of the above “LAWFUL PURPOSES”, appear to be inaccurate, “snarky”, out of date, or otherwise unacceptable. We also reserve the right to edit materials for any other reason.

We may, at our discretion, suspend or terminate the registration of any forum user or general user who violates any of these terms of use, any of the forum user guidelines or for any other behavior that we in our discretion believe is inappropriate.

REFUSAL OF SERVICE

We reserve the right to refuse access to the Platform and/or Service to any person or entity, without the obligation to assign a reason for doing so. We reserve the right to immediately remove you from the Platform and/or Service, without refund, if you violate these Terms of Service or other Agreements governing your use of the Platform and/or Service.

DELIVERY POLICIES

Nearly all of our products are delivered to you online in a digital format (i.e., no physical products are shipped to you). The Company is not liable if the failure or delay to deliver your products is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, governmental regulations or controls, casualty, government authority, strikes, or acts of God. If that happens, or a delay occurs as a result of a third-party provider, the Company will deliver the product in a commercially reasonable time after the circumstance is resolved.

REFUND POLICY

The customer may cancel their recurring billing subscription products at any time. If a customer requests a cancellation for their recurring billing product, no future charges will be charged to their account. Please note, a cancellation will not generate a refund – it will only stop any future charges.

DISCLAIMER

The Company may share the successful results of its users or customers on the Platform and/or Service. Such examples are not to be interpreted as a promise or guarantee, verbally or in writing, regarding your results, future earnings, business profit, or results of any kind. The Platform is for your general education and information and by accessing the Platform and/or Service, you accept, agree and understand that you are fully responsible for your progress and results from your participation. We do not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Platform and/or Service is a promise, warranty or guarantee to you of such results.

ERRORS, INACCURACIES, AND OMMISIONS

Information provided on the Platform and/or Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the provided information.

OUR INTELLECTUAL PROPERTY

The Platform and/or Service contain intellectual property owned by the Company (“Company’s Intellectual Property”) and by third-parties that licensed the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel.” You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Platform and/or Service, Company’s Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Platform and/or Service, without refund, if you are caught violating this intellectual property policy.

LIMITATION OF LIABILITY

To the extent permitted by law, WE WILL not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.

THIRD PARTY WEBSITE AND RESOURCES

The Platform and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Platform and/or Service. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

AFFILIATE LINKS

From time to time, the Company may include affiliate links on its Platform and/or Service. This means that if you purchase a product or service using an affiliate link, the Company may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship. The Company will also clearly disclose if it receives a free product, free service, discount, or any other non-financial compensation for promoting, endorsing or reviewing a product or service.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Platform and/or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW

The Terms of Service shall be governed by the laws of the State of Maryland.

DISPUTE RESOLUTION

We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service, by taking the matter to court (in Howard County Maryland), arbitration, mediation, or any other legal remedy available to the Parties. If any court action is necessary to enforce this Terms of Service, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

EFFECT OF HEADINGS

The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT

These Agreements (i.e., this Terms of Service, along with the referenced Privacy Policy, and any other written agreement that governs your use of our Platform and/or Service) constitute the entire agreement between you and the Company with respect to the Platform and/or Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Platform and/or Service.

WAIVER

Company’s waiver of any of the provisions of these Terms of Service shall not be deemed, nor shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by an authorized representative of the Company.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

OUR PRIVACY POLICY

Please review our Privacy Policy located at: https://www.criticalfunctions.com/privacy-policy/

CHANGED TERMS

We reserve the right to update any portion of our Platform and/or Service, including these Terms of Service at any time. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this Site. If you have provided us your email address, we may also email you to let you know of material amendments to our Terms of Service. Any use of the Platform and/or Service by you after an amendment is made means you accept these amendments. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms of Service.

HOW TO CONTACT US

If you have any questions about our Terms of Service, please contact us.

By postal mail:

Critical Functions, LLC

PO Box 2685 Ellicott City, Maryland 21041

By email:

hello@criticalfunctions.com