Important notice: these terms and conditions agreement (“agreement”) contains a binding arbitration provision and a class action waiver. Please read it carefully because it affects your legal rights as detailed in the binding individual arbitration section below.
This Agreement sets forth the standards of use for the creatif.com and creatif-franchise.com websites, and other related sites (the “Sites”), and any Creatif software applications, and private access portals. This Agreement is intended to apply broadly and it governs any and all access and use of the Sites and/or the Portal(s), the information or content contained on the Sites and/or the Portal(s), and all aspects of the Services (defined below).
THIS AGREEMENT SETS FORTH LEGALLY BINDING TERMS AND GOVERNS YOUR ACCESS TO AND ALL USE OF THE SITES AND/OR THE PORTAL(S) AND THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OR ALL OF THEM, AND ANY OF THE SERVICE(S) (DEFINED BELOW). BY ACCESSING OR USING THE SITES, THE PORTAL(S) AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW), YOU ARE ACCEPTING THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITES, ANY OF THE PORTAL(S) AND/OR THE INFORMATION OR CONTENT CONTAINED ON ANY ONE OF THEM, AND/OR ANY SERVICE (DEFINED BELOW).
Certain features of the Sites, Portal(s) and/or Service(s) may be subject to additional terms that will be provided in connection with such features. Any and all such additional terms are incorporated by reference into this Agreement. In the event of a conflict between the additional terms and any provision in this Agreement, the additional terms will prevail, but only with respect to the Sites, the Portal(s) and/or any Service (defined below) to which the additional terms apply. Use of the Sites, Portal(s) and/or the Service(s) is also governed by the Terms and Conditions of any Customer Agreement and /or Customer Terms and Conditions you may have entered with your independently owned and operated Creatif® franchised location, or a Creatif® location operated by Creatif, LLC, Creatif Franchising LLC, and/or it’s affiliates (each, a “Franchised Location and collectively, the “Franchised Locations”). Your continued use of the Sites, Portal(s) and/or the content or information contained on any one of them, and/or any Service (defined below) is an acknowledgement and acceptance that neither Creatif, LLC, Creatif Franchising LLC, nor any of its past, present, or future affiliates or subsidiaries and their respective officers, directors, incorporators, members, partners, owners, agents, management, controlling parties, entities under common control, vendors, service providers, attorneys, employees, or representatives (all of all of whom are third-party beneficiaries of the Agreement and are collectively referred to as the “Creatif Entities”) is a party to any Customer Agreement and/or Customer Terms and Conditions you may enter with an independently owned and operated Creatif® Franchised Location. Your continued use of the Sites, the Portal(s) and/or any Service (defined below) is an acknowledgement and acceptance by you that the Creatif Entities are not responsible for any acts or omissions related in any way to your use of the Sites, the Portal(s), or any Service (defined below).
Creatif, LLC and Creatif Franchising, LLC reserve the right, at any time, to modify, alter, or update this Agreement without prior notice. Modifications shall become effective immediately upon being posted in the Sites and/or any Portal(s). Your continued use of the Sites, any Portal(s) and/or any Service (defined below) after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. DESCRIPTION OF SERVICE(s)
Through the Sites and/or the Portal(s), Creatif, LLC and Creatif Franchising, LLC are providing you with information about products and services offered by Franchised Locations, (a) in addition to the Sites and the Portal(s), software platforms and as applicable, social media platforms we make available from time to time, (b) point-of-sale systems and databases and customer management platforms (c) the ability to schedule, modify, and/or cancel classes or services with any Franchised Locations; (d) provide information to and complete forms with your Franchised Location; (e) enter into and use benefits under any customer agreement entered into with your Franchised Location; (f) purchase and/or redeem gift cards at Franchised Locations; (e) purchase services or product at any Franchised Location as a guest; (g) view information about and find the Franchised Location nearest you; (h) request franchise information; (h) complete customer satisfaction surveys about any Franchised Location; (i) receive email notifications and notifications from other mediums (collectively, the “Service(s)”).
You must (1) provide all equipment necessary for accessing the Sites and/or Portal(s), (2) provide for your access to the Internet to use the Sites and Portal(s), and (3) pay any fees related with such Internet or equipment.
2. USE OF SITES, PORTAL(s) AND SERVICE(s)
You may access and use the Sites, Portal(s) and Service(s) only for lawful purposes and only pursuant to this Agreement. Your right to access and use the Sites, Portal(s) and Service(s) is personal to you and is not transferable by you to any other person or entity. Unless explicitly permitted by us in writing, you may not assign, transfer, re-market, resell or otherwise dispose of, the Sites, Portal(s) and Service(s) without obtaining our prior written consent, which may be withheld in our sole discretion.
Your access and use of the Sites, Portal(s) and Service(s) may be interrupted from time to time for any of several reasons, including the malfunction of equipment, periodic updating, maintenance or repair of such the Sites, Portal or Service or other actions that we may, in our sole discretion, elect to take. From time to time, we may suspend or discontinue, or otherwise restrict access by any user to, any the Sites, Portal and /or Service or any portion or feature of any Sites, Portal and /or Service at any time, in our sole discretion and without prior notice to you. We will not be liable if, for any reason, any Sites, Portal and /or Service or any portion or feature of any Sites, Portal and /or Service is unavailable at any time or for any period.
We may cancel or modify any the Sites, Portal(s) and /or Service, including any purchases, gift cards, rewards points or other applicable items, if it appears that they are the result of fraudulent or inappropriate activity, or under other circumstances where it appears a mistake or error has occurred.
As a user of the Sites, any Portal(s) and /or Service(s), you will not and you will not attempt to or otherwise authorize, encourage or support a third party’s attempts to, do any of the following, as determined by us, in our sole discretion:
- Violate any applicable law or regulation;
- Upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
- Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or content that could otherwise be considered to be objectionable;
- Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- Engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Post any content that is subject to any disclosure restrictions;
- Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
- Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Use it to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or information or content that could otherwise be considered to be objectionable;
- Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- Interfere with or otherwise limit the use of the Sites, Portal(s) or Service(s) by other users; or collect, compile, or store personal information about other users of the Sites, Portal(s) or Service(s);
- Disrupt or interfere with the operation of the Sites, Portal(s) or Service(s) by overloading or exceeding the capacity of this Sites or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Sites or any affiliated or linked sites;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Sites, Portal(s) or Service(s) or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Sites, Portal(s) or Service(s) or any affiliated or linked sites
- Use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Sites, Portal(s) or Service(s) or the content contained therein without Creatif, LLC’s prior, express, and written permission; or
- Use the Sites, Portal(s) or Service(s) for commercial purposes.
You agree that you are solely responsible for the Post of any content that you make available on or send through the Sites, Portal(s) or Service(s) (“User Content”). In addition to the rights granted to Creatif, LLC and Creatif Franchising, LLC elsewhere in this Agreement, you hereby grant Creatif, LLC and Creatif Franchising, LLC the irrevocable right to copy and use User Content in connection with the Sites, Portal(s) and Service(s) and for the purposes related to your Post of the User Content. Although Creatif, LLC and Creatif Franchising, LLC have no obligation to screen, edit or monitor any of the User Content or user conduct on the Sites, Portal(s) or Service(s), Creatif, LLC and Creatif Franchising, LLC reserve the right, and has absolute discretion, to remove, screen or edit any User Content and to monitor any user conduct on the Sites, Portal(s) and Service(s) at any time and for any reason without notice. Your User Content may be available on the Sites, Portal(s) and/or Service(s) for a limited period of time, as determined by Creatif, LLC and Creatif Franchising, LLC in their sole discretion. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
3. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES, THE PORTAL(S), THE INFORMATION OR CONTENT CONTAINED ON ANY OF THEM AND/OR ANY SERVICE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, PORTAL(S), AND ANY CONTENT OR INFORMATION PROVIDED BY ON ANY OF THEM AND/OR ANY SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE CREATIF ENTITIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITES AND THE PORTAL(S), THE INFORMATION CONTAINED ON ANY OF THEM AND/OR ANY SERVICE EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT. THE CREATIF ENTITIES DO NOT WARRANT THAT THE SITES, THE PORTAL(S), ANY CONTENT PROVIDED BY ANY OF THEM AND/OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITES AND/OR THE PORTAL(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITES, THE PORTAL(S) AND/OR THE INFORMATION CONTAINED ON ANY OF THEM WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CREATIF, LLC/CREATIF FRANCHISING, LLC OR ITS AUTHORIZED REPRESENTATIVES OR ANY EMPLOYEE AT ANY FRANCHISED LOCATION WILL CREATE A WARRANTY. THE FOREGOING EXCLUSIONS SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITES, THE PORTAL(S) AND/OR THE INFORMATION AND CONTENT PROVIDED BY ANY OF THEM AND/OR ANY SERVICE(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND THEREFORE IN SUCH INSTANCES, THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE.
4. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CREATIF ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE CREATIF ENTITIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITES, THE PORTAL(S) OR THE INFORMATION CONTAINED ON ANY OF THEM, OR ANY SERVICE, WHETHER SUCH DAMAGES ARISE IN CONTRACT, WARRANTY, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE CREATIF ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
Under no circumstances whatsoever shall Creatif, LLC and Creatif Franchising, LLC’s aggregate liability resulting from or relating to your use of this Sites, the Portal(s), or any Service, exceed Five Dollars ($5.00).
You agree to indemnify and hold the Creatif Entities harmless from any claims, demands, liabilities, damages, losses, and expenses, including, without limitation reasonable attorneys’ fees and costs, made by any third party due to or arising out of or connected in any way with your use of the Sites, the Portal(s) and/or any information or content provided on any of them, any Service, any service or product provided by or purchased from a Franchised Location, the violation of this Agreement, using your equipment to access the Sites and/or the Portal(s), infringement of any intellectual property or any other right of any person or entity. The indemnification obligations under this Section shall survive the termination or expiration of this Agreement or your use of the Sites, the Portal(s) and/or any Service.
6. BINDING INDIVIDUAL ARBITRATION
PLEASE READ THIS SECTION CAREFULLY—IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Agreement to Arbitrate
Any civil action, claim, dispute or proceeding arising out of or relating to this or any previous version of this Agreement, your use of or access to the Sites, Portal(s), or any Service, or any products or services sold, offered or purchased on or through any Franchised Location, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided below, will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this “Agreement to Arbitrate” section (this “Agreement to Arbitrate“).
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of this Agreement as a court would.
The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of this Agreement, including any claim that all or any part of the Agreement to Arbitrate or this Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association (the “AAA“) in San Francisco County, California, under the AAA’s rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org .
Creatif, LLC and Creatif Franchising, LLC (also referred to in this Section 6 as “we” or “us”) and you will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Alameda County, California.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. BY USING THE SITES, PORTAL(S), OR ANY SERVICE, YOU CONSENT TO THESE RESTRICTIONS.
Exclusions from Arbitration. YOU AND THE CREATIF ENTITIES AGREE THAT THE ONLY DISPUTES NOT COVERED BY THIS SECTION ARE (1) CLAIMS REGARDING THE INFRINGEMENT, PROTECTION OR VALIDITY OF YOUR OR CREATIF, LLC/CREATIF FRANCHISING, LLC’S TRADE SECRETS, COPYRIGHT, TRADEMARK OR PATENT RIGHTS AND (2) CLAIMS YOU CHOOSE TO PURSUE IN SMALL CLAIMS COURT WHERE JURISDICTION AND VENUE OVER CREATIF, LLC AND YOU OTHERWISE QUALIFIES FOR SUCH SMALL CLAIMS COURT AND WHERE YOUR CLAIM DOES NOT INCLUDE A REQUEST FOR ANY TYPE OF EQUITABLE RELIEF.
Right to Opt-Out of Binding Arbitration and Class Action Waiver Within 30 Days. You have the right to opt-out and not be bound by this arbitration provision by sending written notice of your decision to opt-out to CREATIF, LLC, Attn: Legal Counsel, 5480 Sunol Blvd, Suite 2, Pleasanton, CA, 94566 or [email protected] written notice must be postmarked or emailed within thirty (30) days of the later of the date noted in the “Last Update to Section 6” or your initial log in to the Sites, or any of the Portal(s). Your written notification must include: (1) your name, (2) your physical postal address, and (3) a clear statement that you do not wish to resolve disputes with any Creatif Entity through arbitration. Otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this Section. If you opt-out of this arbitration provision, the Creatif Entities also will not be bound by it. If you do not affirmatively elect to opt out as described above, your use of the Sites, the Portal(s) and/or any Service will be deemed to be your irrevocable acceptance of this Agreement and any changes/updates to this Section.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY CREATIF ENTITY, YOU MUST FIRST SEND WRITTEN NOTICE OF THE NATURE OF THE DISPUTE TO CREATIF, LLC, Attention: LEGAL COUNSEL, 5480 SUNOL BLVD, SUITE 2, PLEASANTON, CA 94566 or [email protected] TO GIVE THE ENTITY WITH WHICH YOU HAVE A DISPUTE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than sixty (60) days after you provide notice of the Dispute. If the Creatif Entity with which you have a Dispute does not resolve your Dispute within sixty (60) days from receipt of written notice of the Dispute, you or the Creatif Entity with which you have a Dispute may pursue your claim in arbitration pursuant to the terms in this Section.
Confidentiality of Arbitration Proceedings. Arbitration proceedings conducted pursuant to this Section 6 shall be strictly confidential. The fact that an arbitration exists or is proceeding, the nature of the Dispute, all documents exchanged in connection with the arbitration, all testimony (including transcripts of testimony, if any) that is given in the arbitration proceeding, and any arbitration award shall remain confidential. The only exceptions to this confidentiality provision are disclosures reasonably necessary to confirm or vacate an arbitration award, a judicial challenge to an arbitration award or its enforcement, or disclosure that is required by operation of law or court order; provided, however, that this Paragraph shall not prevent the disclosure of such information (1) as may be required to your legal and financial advisors and independent accountants; (2) as may be required to any Creatif Entity’s (a) legal, financial and other professional advisors, regulators, rating agencies, independent accountants, analysts, agents, and/or directors, (b) shareholders and/or affiliates and their respective officers, directors and legal, financial and other professional advisors, and/or (c) existing or potential insurers or reinsurers, existing or potential investors, existing or potential lenders, or existing or potential purchasers; and/or (3) as otherwise required to comply with any applicable law or regulation.
Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that specific clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and you and the Creatif Entity with which you have a dispute each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
Continuation. This Section shall survive any termination of this Agreement or the provision of any Service to you.
7. GOVERNING LAW AND JURISDICTION
THE PARTIES AGREE THAT THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTES BETWEEN YOU AND ANY CREATIF ENTITIES. ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED EXCLUSIVELY BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN EITHER THE DISTRICT COURTS OF CALIFORNIA, COUNTY OF ALAMEDA, OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA.
8. MODIFICATIONS AND INTERRUPTION TO SERVICE
Creatif, LLC and Creatif Franchising, LLC reserve the right to modify or discontinue the Sites, the Portal(s) and/or any Service(s) at any time, with or without notice to you. The Creatif Entities shall not be liable to you or any third party should Creatif, LLC and Creatif Franchising, LLC exercise their right to modify or discontinue the Sites, the Portal(s) and/or any Service. You acknowledge and accept that Creatif, LLC and Creatif Franchising, LLC do not guarantee continuous, uninterrupted or secure access to the Sites and/or the Portal(s) and operation of the Sites and the Portal(s) may be interfered with or adversely affected by numerous factors or circumstances outside of Creatif, LLC/Creatif Franchising LLC’s control.
9. THIRD-PARTY SITES, MOBILE APPLICATIONS AND INFORMATION
10. SECURITY AND PASSWORD; CREDIT CARD INFORMATION
You are solely responsible for maintaining the confidentiality of your password and account. Please do not share your password or account information.
Purchases on the Sites: To make purchases on the Sites or through the Portal(s), if available, you will be required to enter your credit card information.
Registration Using the Sites or Portal(s): To register a student for programs or events through the Sites or Portal(s), if applicable, you will be required to enter your credit card information, which is used by Franchised Location where you are a customer and also provided to us. Payment is due at your Franchised Location at the time of registration, pursuant to the terms of a Customer Agreement and/or Customer Terms or Conditions that you enter into with your Franchised Location, or pursuant to any applicable cancellation policy. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Creatif, LLC, Creatif Franchising, LLC or its affiliates may store your credit card information that is entered through the Sites or Portal(s), may make any authorized charge on your credit card, and may have access to your credit card information.
In-Store Payments: Payments you make by credit card in-store are to a Franchised Location, not Creatif, LLC and also not Creatif Franchising, LLC. Creatif, LLC and Creatif Franchising, LLC or its affiliates may receive any of your credit card information but will use commercially reasonable encryption methods to treat your credit card information in a secure manner. You represent and warrant that your credit card information is true and that you are authorized to use the credit card.
11. DISCLAIMER REGARDING ACCURACY OF FRANCHISED LOCATION INFORMATION
Hours of operation, services provided, and other information have either been provided by the Franchised Locations or collected from publicly available sources. While Creatif, LLC and Creatif Franchising, LLC make every effort to ensure that the information on the Sites and the Portal(s) is accurate, we make no representations or warranties as to the accuracy or reliability of any information on the Sites and/or the Portal(s).
12. COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Sites, the Portal(s) or any Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on the Sites and/or the Portal(s), including site and application design, text, graphics, interfaces, and the selection and arrangements thereof is ©2020 Creatif, LLC, with all rights reserved, and is the property of Creatif, LLC and/or third parties protected by intellectual property rights. Any use of materials on the Sites and/or the Portal(s), including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Creatif, LLC is strictly prohibited. You agree not to use any robot, spider, or other automatic device, or manual process to monitor or copy the Sites, the Portal(s) and/or any content or information contained on any of them without prior written permission of an authorized officer of Creatif, LLC.
Creatif® and creatif.com, are proprietary marks of Creatif, LLC. Creatif, LLC’s trademarks may not be used in connection with any product or service that is not provided by Creatif, LLC or a Franchised Location, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Creatif, LLC.
All other trademarks displayed in the Sites and/or the Portal(s), if any, are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the sites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with Creatif, LLC.
14. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Creatif, LLC and Creatif Franchising, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attn: Legal Counsel
By Mail: 5480 Sunol Blvd, Suite 2, Pleasanton, CA 94566
By Email: [email protected]
Any and all questions, comments, suggestions, and similar materials or information that you send or submit to Creatif, LLC/Creatif Franchising, LLC or a third party provider on the Sites, Portal(s), or in connection with any Service(s), by a Post or otherwise (collectively, “Submissions”), shall become Creatif, LLC’s property; and you hereby transfer, sell, and assign to Creatif, LLC all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. Creatif, LLC has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Creatif, LLC shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
16. OTHER TERMS
17. 3rd Party Tools for Usage Statistics and Tracking
creatif.com makes use of 3rd party tools for gathering website usage/visit statistics and visitor tracking. These tools are developed independently by other companies, hence creatif.com does not guarantee any specific level of privacy, but provides the following information:
1) Google Analytics: To opt-out of any information gathered by Google Analytics, please refer to this link: https://tools.google.com/dlpage/gaoptout
2) Facebook Pixel: Please refer to: https://www.facebook.com/privacy/explanation/
Our Commitment to Accessibility
At Creatif, we are committed to facilitating the accessibility and usability of our website, creatif.com, for all people. To that end, Creatif is in the process of implementing functional improvements to creatif.com consistent with relevant portions of the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 Level AA (“WCAG 2.0 AA”). You can find additional information about WCAG 2.0 AA here: WCAG 2.0 AA.
CONTACT CREATIF WITH YOUR ACCESSIBILITY QUESTIONS
Please be aware that our efforts are ongoing. If you have specific questions or concerns about the accessibility of creatif.com or any other Creatif Site, please contact us at [email protected].
EFFECTIVE DATE: Aug 17, 2020