Terms of Service

1. ACCEPTANCE AND TERMS OF SERVICE

This website is owned and operated by CREATIVELY DISRUPTIVE LLC, an Arizona Limited Liability Company with offices at 16772 W Bell Rd Ste 110 Pmb 106, Surprise, AZ 85374 (along with any parent, subsidiaries, or divisions, collectively “CREATIVELY DISRUPTIVE”, “us” or “we”). This User License and Terms of Use (this “Agreement” or “Terms”) are an agreement between you (“you”) and CREATIVELY DISRUPTIVE and set forth the legally binding terms of your use of this website and other platforms and interactive properties, including but not limited to websites and mobile applications (collectively, the “CREATIVELY DISRUPTIVE Applications”), and any information, content, materials and/or data provided or given access by CREATIVELY DISRUPTIVE to you in either print or digital formats (“Content”), whether or not login-in, registration and/or a subscription fee is required to access the CREATIVELY DISRUPTIVE Applications or Content. By accessing or using the CREATIVELY DISRUPTIVE Applications or Content, you signify your assent to these Terms. If you do not agree to these Terms, please do not access or use the CREATIVELY DISRUPTIVE Applications or Content.

Registration data and certain other demographic information about you are subject to CREATIVELY DISRUPTIVE Privacy Policy. For more information, see CREATIVELY DISRUPTIVE Privacy Policy which is incorporated in full herein by reference.

Updates to Terms. CREATIVELY DISRUPTIVE reserves the right, at its discretion, to change, modify, add or remove portions of these Terms at any time. Please check these terms and conditions periodically for changes. Your continued use of the CREATIVELY DISRUPTIVE Application following the posting of changes to these Terms will mean that you accept those changes.

Electronic Form/Communications. By accessing the CREATIVELY DISRUPTIVE Applications, you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the CREATIVELY DISRUPTIVE Applications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.

2. USE OF THE CREATIVELY DISRUPTIVE APPLICATIONS AND CONTENT

• License. Subject to these Terms and any fees as applicable, CREATIVELY DISRUPTIVE grants you a limited, non-exclusive, non-transferable, revocable right to use the CREATIVELY DISRUPTIVE Applications and the Content solely for your personal, noncommercial use (e.g., viewing the Content on screen; printing paper copies for personal use or electronically saving limited portions of Content). All other rights are expressly reserved by CREATIVELY DISRUPTIVE. You agree that you will not, unless specifically permitted by us (i) copy, display or distribute any part of the Content or CREATIVELY DISRUPTIVE Applications, in any medium, without CREATIVELY DISRUPTIVE prior written consent, (ii) alter or modify any part of the CREATIVELY DISRUPTIVE Applications other than as may be reasonably necessary to use the CREATIVELY DISRUPTIVE Applications for their intended purpose, (iii) alter any Content or change or remove any copyright or other proprietary notices; or (iv) install, post or distribute any part of the Content on any electronic network, including without limitation the Internet and the World Wide Web, or create a database (electronic or otherwise) using any portion of the CREATIVELY DISRUPTIVE Applications or Content. Use of the CREATIVELY DISRUPTIVE Applications or Content via mechanical, programmatic, robotic, scripted, spider, manual or any other automated means is strictly prohibited. Unless otherwise agreed to by CREATIVELY DISRUPTIVE in writing, use of the CREATIVELY DISRUPTIVE Applications or Content is permitted only via manually conducted, discrete, individual search and retrieval activities. You may not conduct any kind of systemic retrieval of data or Content from any CREATIVELY DISRUPTIVE Application.
• Withdrawal. CREATIVELY DISRUPTIVE reserves the right at any time to withdraw from the Content any item or part of an item for which it no longer retains the right to publish, chooses to no longer offer for any reason, or which it has reasonable grounds to believe infringes copyright or is defamatory, obscene, unlawful or otherwise objectionable.
• Registration and Profile Creation. In order to access certain features of the CREATIVELY DISRUPTIVE Applications, you may be required to register and/or create a user profile (an “Account”) by creating a username and password and providing certain profile and contact information. We may require or permit you to use your credentials for a third-party platform (such as Facebook or LinkedIn) to so register (a “Social Sign-On”). Your Account shall only be used by you and only in connection with the applicable CREATIVELY DISRUPTIVE Application and may not be used in connection with other CREATIVELY DISRUPTIVE products. You are responsible for maintaining the confidentiality of your Account and password, and are responsible for all activities that occur under your Account and password. Sharing, selling or transferring your Account or password with or to any other person or making it available to multiple users on a network is strictly prohibited. You hereby agree to (i) provide information about yourself as prompted by the registration form that is true, accurate, current and complete; (ii) maintain and promptly update your personal information (by sending an appropriately worded e-mail to keep it fully up to date); (iii) ensure that you exit from your member account at the end of each session; and (iv) notify CREATIVELY DISRUPTIVE in writing of any unauthorized use of your Account or password or any other breach of security. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If you provide (or we have reason to suspect that you have provided) any information that is untrue, inaccurate, not current, or incomplete, or there is unauthorized use of your Account or we suspect fraudulent or abusive activity, we have the right, among other remedial options, to require you to use and pay for an additional account for the relevant product and/or interrupt, restrict, suspend or terminate your current or future use of or access to the CREATIVELY DISRUPTIVE Applications (or any portion thereof), without notice to you. You shall cooperate with us in any fraud investigation and use any reasonable fraud prevention measures we prescribe. Failure to cooperate will result in your liability for all fraudulent usage.
• No Interference. You will take no action to interfere with, interrupt, destroy or limit the functionality of the CREATIVELY DISRUPTIVE Applications or any computer software or hardware or telecommunications equipment. You may not use the CREATIVELY DISRUPTIVE Applications in any manner that could damage, disable, overburden, or impair any CREATIVELY DISRUPTIVE server, or the network(s) connected to any CREATIVELY DISRUPTIVE server, or interfere with any other party’s use and enjoyment of any CREATIVELY DISRUPTIVE Applications. You may not attempt to gain unauthorized access to any CREATIVELY DISRUPTIVE Applications, other accounts, computer systems or networks connected to any CREATIVELY DISRUPTIVE server or to any of the CREATIVELY DISRUPTIVE Applications, through hacking, cracking, distribution of counterfeit software, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CREATIVELY DISRUPTIVE Applications. You may not reverse engineer, decompile or disassemble any software accessed through CREATIVELY DISRUPTIVE Applications, including any proprietary communications protocol used by CREATIVELY DISRUPTIVE.
• Security. CREATIVELY DISRUPTIVE has implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
• Modification to Services. CREATIVELY DISRUPTIVE has the right to modify the CREATIVELY DISRUPTIVE Applications and Content at any time in its sole discretion. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of CREATIVELY DISRUPTIVE in providing its products, services, Content or any CREATIVELY DISRUPTIVE Applications is to stop using the CREATIVELY DISRUPTIVE Applications as set forth herein.

3. PAID SUBSCRIPTIONS

If you purchase a subscription to access the CREATIVELY DISRUPTIVE Applications and/or Content (“Subscription”), the Subscription shall be subject to these Terms, as well as the terms and conditions set forth in the CREATIVELY DISRUPTIVE Product Subscription Agreement (“Product Agreement”), including the applicable subscription fee (“Fee”), payment terms and length of Subscription (“Subscription Period”). The Product Agreement may specify the number of user accounts authorized to access the CREATIVELY DISRUPTIVE Applications and/or Content pursuant to that subscription (“Authorized Users”). For the avoidance of doubt, and notwithstanding the foregoing, Authorized Users will be limited pursuant to and as stated in the Product Agreement, including limitations by number of users or a user’s office location. In such cases, access to and use of the CREATIVELY DISRUPTIVE Applications and/or Content by any other third party is not permitted. Any increase to the number of Authorized Users must be approved by CREATIVELY DISRUPTIVE in writing and may be subject to additional fees.

With respect to all Subscriptions, you shall:

• ensure that all Authorized Users accessing the Content are appropriately notified of the importance of respecting the intellectual property rights in the Content and of the sanctions which CREATIVELY DISRUPTIVE imposes for failing to do so;
• use best efforts to protect the Content from unauthorized use or other breach of these Terms;
• monitor compliance and immediately upon becoming aware of any unauthorized use or other breach, inform CREATIVELY DISRUPTIVE and take all appropriate steps to ensure that such activity ceases and to prevent any recurrence;
• provide CREATIVELY DISRUPTIVE with information sufficient to enable CREATIVELY DISRUPTIVE to provide access to the Content. Should you make any significant change to such information, you will notify CREATIVELY DISRUPTIVE not less than ten (10) days before the change takes effect;
• ensure that only Authorized Users are permitted access to the Content. Your right to use the Content is not transferrable. Any password or right given to you to obtain information is not transferable; and
• accept that CREATIVELY DISRUPTIVE has the right to cancel your subscription effective immediately, without providing a refund, if you decide to cancel within your trial period.

Refunds, Late Payments and Taxes.

• All fees paid and charges made prior to the expiration or termination of your Subscription, as provided herein, including any advance charge or payment for the Subscription Period during which you terminate your Subscription, are nonrefundable. Termination of your Subscription shall not relieve you of any obligations to pay accrued charges.
• Your account may be deactivated without notice to you if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within thirty (30) days of cancellation or termination of your Subscription to the applicable Content.
• Modifications to Fees or Billing Terms: CREATIVELY DISRUPTIVE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS SUBSCRIPTION FEES AND BILLING METHODS, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. If any such change is unacceptable to you, you may terminate your Subscription by contacting customer service. Your continued use of the Content following the effective date of a change to fees or billing methods shall constitute your acceptance of such change.

Delivery and cancellations. Where your Subscription or product order involves the delivery of a physical item or items, they will be delivered to the address that you indicate when you place your order through any CREATIVELY DISRUPTIVE Application and the risk of damage to or loss of such items shall pass to you at the time of delivery even if they have not been received by you in person. Any times quoted for delivery are approximate only and CREATIVELY DISRUPTIVE shall not be liable for any delay in delivery howsoever caused.

4. INTELLECTUAL PROPERTY OWNERSHIP

CREATIVELY DISRUPTIVE or its licensors, suppliers or other designees owns all right, title and interest in and to the Content and the CREATIVELY DISRUPTIVE Applications (including all materials, including but not limited to all text, logos, photographs, graphics, images, illustrations, designs, icons, photographs, databases, video, audio, software, html, source and object code, algorithms, business logic, modules, programs, links and other materials). You shall not, and shall not permit anyone else to, reproduce, copy, distribute, publish, transmit, broadcast, sell, license or otherwise access or use all or any part of the Content or any information contained therein without the prior written consent of CREATIVELY DISRUPTIVE. All CREATIVELY DISRUPTIVE brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of CREATIVELY DISRUPTIVE and neither they nor any confusingly similar versions may be used by you including, but not limited to as part of any trademarks and/or domain names without CREATIVELY DISRUPTIVE prior written consent.

Downloadable mobile products. Copyright in any software that is made available for download from any CREATIVELY DISRUPTIVE Application shall belong to CREATIVELY DISRUPTIVE and/or our software suppliers. Your use of the software is governed by the terms of any license agreement that may accompany or be included with it. Do not install, download or use any software unless you agree to such license agreement.

5. USER SUBMISSIONS AND CONDUCT

1. Forums. For the purposes of this Agreement, “Forum” means letters, comments, emails or other types of communications submitted by you or other third parties to us, our editors, Webmaster(s) or employees of CREATIVELY DISRUPTIVE, and messages posted to them or to other users in connection with online seminar discussions, forums, blogs or chat-pages on any CREATIVELY DISRUPTIVE Application. Forums are provided for your exchange of lawful, relevant, fair and appropriate information, opinions and comment. Use of the Forums that is inconsistent with those stated purposes or which is prohibited under these Terms is prohibited.

2. Removal. CREATIVELY DISRUPTIVE has the right, but not the obligation to monitor, edit or remove Forum content or Forum materials, and may do so at any time and for any reason in its sole discretion, including but not limited to the course of normal maintenance of the CREATIVELY DISRUPTIVE Application and its systems or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on CREATIVELY DISRUPTIVE; (2) protect and defend the legitimate business interests, rights or property of CREATIVELY DISRUPTIVE, CREATIVELY DISRUPTIVE users, advertisers, customers, sponsors, advertisers or affiliates; or (3) act in an emergency to protect the personal safety of CREATIVELY DISRUPTIVE guests or the public. You shall remain solely responsible for the content of your communications. If you object to the publication of any material placed on any CREATIVELY DISRUPTIVE Application please contact CREATIVELY DISRUPTIVE and CREATIVELY DISRUPTIVE will take whatever action it deems appropriate. CREATIVELY DISRUPTIVE specifically disclaims any liability with regard to Forum content and any actions resulting from your participation in any Forum. CREATIVELY DISRUPTIVE cannot guarantee that individuals submitting Forum content or otherwise participating are who they represent themselves to be, nor does CREATIVELY DISRUPTIVE endorse, represent or validate, the content, accuracy or reliability of, or the statements, assertions, views or opinions expressed in, Forums, and you acknowledge that any reliance upon the same shall be at your sole risk.

Prohibited Uses of any CREATIVELY DISRUPTIVE Application. You hereby agree that you will not use any CREATIVELY DISRUPTIVE Application or Forum to:

• promote or encourage the sale of your goods/services or those of any third party;
• solicit other guests or users of the CREATIVELY DISRUPTIVE Application to join or become members of any commercial online or offline service or other organization;
• disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• disseminate any material which is or may infringe the rights (including, but not limited to, intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the CREATIVELY DISRUPTIVE Application and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offence or give rise to civil liability;
• disseminate any material which does or may bring CREATIVELY DISRUPTIVE or any of its brands into disrepute or in any way damage their reputation;
• disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data;
• post link(s) that take users to material that contravenes any of the above restrictions;
• falsify, delete or disable any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• collect in any way personal information about others, including e-mail addresses, password or other account information or use such information to send unsolicited emails, or use, download or otherwise copy or provide (whether or not for a fee) to a person or entity any directory of users of the CREATIVELY DISRUPTIVE Applications or other user or usage information;
• impersonate or create a false identity for the purpose of misleading others, improperly use support or complaint buttons or make false reports to CREATIVELY DISRUPTIVE administrators, or engage in fraudulent transactions; or
• use, develop or distribute “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.
• accept payment for any uploaded information from any third party, including, without limitation, accepting payment for the inclusion of a logo, brand advertising or other commercial content, in the uploaded information.

License and Warranty. By uploading materials to any Forum or submitting any materials to CREATIVELY DISRUPTIVE (“Posts”), you automatically grant (or warrant that the owner of such rights has expressly granted) CREATIVELY DISRUPTIVE a perpetual, royalty-free, fully paid-up, irrevocable, non-exclusive, transferable, worldwide, sub-licensable right and license to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, create derivative works from, disclose, post, and/or remove such Posts or incorporate such Posts into any form, medium, or technology now known or later developed, in any manner, and (b) use your name, user/log-in name, likeness, biographic and other profile information about you in connection with any use of your Posts, in each case, in whole or in part, without payment or other additional consideration of any kind, or permission or notification to you or any third party and without crediting you.

6. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

Materials may be made available via the CREATIVELY DISRUPTIVE Applications by third parties not within CREATIVELY DISRUPTIVE’s control. CREATIVELY DISRUPTIVE is under no obligation to, and does not, scan content used in connection with the CREATIVELY DISRUPTIVE Application for the inclusion of illegal or impermissible content. However, CREATIVELY DISRUPTIVE respects the copyright interests of others. It is CREATIVELY DISRUPTIVE’s policy not to permit materials known by CREATIVELY DISRUPTIVE to infringe another party’s copyright to remain on the CREATIVELY DISRUPTIVE Applications. If you believe any materials on a CREATIVELY DISRUPTIVE Application infringe a copyright, you should provide us with written notice that contains standard DMCA requirements.

All DMCA notices should be sent to CREATIVELY DISRUPTIVE’s designated address as follows:

7. THIRD PARTY CONTENT; LINKING

1. Third-Party Opinions. The CREATIVELY DISRUPTIVE Applications may contain views, opinions and statements of various third-party individuals and organizations. CREATIVELY DISRUPTIVE neither endorses nor makes any representation or warranty whatsoever regarding the views, opinions or statements provided by any third-party or any user of the CREATIVELY DISRUPTIVE Applications.

2. Linking. To the extent that any CREATIVELY DISRUPTIVE Application contains links to outside services and resources (“External Sites”), CREATIVELY DISRUPTIVE does not control the availability and content of those outside services and resources. These links are provided solely for your convenience.

8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION

1. General Information. The Content has been prepared by CREATIVELY DISRUPTIVE as a service to CREATIVELY DISRUPTIVE readers and the Internet community. It is provided only for general information and is not intended to address your particular requirements or to constitute any form of advice or recommendation.

2. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL CREATIVELY DISRUPTIVE APPLICATIONS AND CONTENT ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. CREATIVELY DISRUPTIVE AND ANY THIRD-PARTY CONTENT PROVIDER DISCLAIM AND MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

3. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL CREATIVELY DISRUPTIVE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES.

4. Indemnification. You agree to defend, indemnify and hold CREATIVELY DISRUPTIVE and its affiliates and their directors, managers, officers, employees, agents, subsidiaries, successors and assigns harmless from and against any claims, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs, liabilities, obligations and expenses.

9. DISPUTE RESOLUTION

Any and all controversies, disputes, demands, counts, claims, or causes of action between you and CREATIVELY DISRUPTIVE or its successors or assigns shall exclusively be settled through binding and confidential arbitration.

This Agreement is made under and shall be governed by and construed in accordance with the laws of the State of Arizona, consistent with the Federal Arbitration Act.

10. MISCELLANEOUS

Usage by children under 18. The CREATIVELY DISRUPTIVE Applications are directed to adults and are not directed to children under the age of 18. CREATIVELY DISRUPTIVE complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 18.

Contact Us. If you have any questions regarding these Terms or need to contact CREATIVELY DISRUPTIVE LLC, please write to us at: