Carbon Bootcamp Program Terms
Effective May 16, 2019
Welcome to CrownTheCrowd, Inc.’s (“our”, “us” or “we”) Carbon Bootcamp Program (“Program”). We’re excited that you are thinking of joining us as we seek to empower individuals for massive collective impact on limiting climate change. Please read these Carbon Bootcamp Program Terms (“Terms”) carefully. These Terms govern your participation in the Program, including any additional products or services you may order. You accept and agree to be bound by these Terms when you join the Program, whether you do so by checking a box indicating your desire to sign up, texting JOIN to a specified number, or otherwise. If you do not agree to these Terms, you should not enroll in the Program.
1. Participation in the Program
The Program is intended solely for personal, non-commercial participation by adult residents of the United States, and participation in some or all aspects of the Program may be limited to specific geographic areas. You represent that you are at least 18 years of age (or whatever the applicable age of legal adulthood is where you are located) and that the information you provide us is accurate and complete. We reserve the right to require you to verify your age or other information you provide. You are permitted to have only one enrollment in the Program at a time.
3. Participation Period; Changes to Terms
Your enrollment in the Program will continue for one year, unless you or we terminate your participation in the Program before that time (“Participation Period”). If your participation is terminated before one year, you are not permitted to re-enroll in the Program.
These Terms are effective as of the effective date above, and the Terms in effect on the date of your enrollment in the Program will apply to you throughout your Participation Period. However, we may change these Terms from time to time. If you order additional products or services or extend your Participation Period after we make a change in these Terms, the Terms in effect at the time you take that action will apply to the new transaction.
4. Our Communications with You
A significant part of the Program consists of text messages sent to you at the telephone number that you provide us. You consent to receive non-marketing and marketing text messages from us and others texting on our behalf, including text messages made with an autodialer. If you provide us an email address, you also consent to receive email messages from us. Your carrier’s standard message and data rates apply.
You may opt out of these communications at any time by following the instructions provided in our communications. If you opt out of receiving text messages, you agree that you may receive a text message confirming your opt-out. If as part of the Program, you subscribe to multiple messaging features, opting out of one such feature will only opt you out of the specific feature involved. You will remain opted in to other features to which you have subscribed.
You acknowledge that delivery of messages may fail due to a variety of circumstances or conditions outside of our control, including failures of mobile network services or lapse of your mobile telephone service. We are not liable for non-delivery of messages.
You represent that you are the account holder for the mobile telephone number that you provide us. You agree to notify us immediately if you change your mobile telephone number. You may notify us of a number change by submitting a “contact us” form on our website.
5. Health and Safety
As part of the Program, we may suggest activities that you may choose to undertake to help reduce your carbon footprint. Some of these activities may pose risks or not be right for you. You engage in these activities at your own risk. To the extent that any of these activities may involve physical exertion, you should consult your physician before undertaking them. Doing so is particularly important if you are over age 35 or have any medical condition or injury that could be made worse by a change in physical activity. You should always take appropriate safety precautions and act with due care when engaging in any activity we may suggest. To the extent our suggestions may involve your use of home appliances or other third party products, you should always use such items in accordance with the manufacturer’s instructions. To the extent we may offer any suggestion that seems inconsistent with the manufacturer’s instructions, you should not follow our suggestion. There is a possibility of injury, death or property damage when participating in any physical activity. We will not be liable for any injury, death, property damage or other liability of any kind resulting from activities you choose to undertake.
6. Fee-Based Offerings
We may charge fees for participating in certain aspects of the Program or for additional products or services. Any such fees, and any related additional terms, will be clearly indicated. You are responsible for any taxes imposed on the sale or use of any such fee-based offering. If you elect to participate in or order any such offering, you agree to pay the applicable fees and any taxes, and to comply with any such additional terms. All fees are non-refundable. We reserve the right to change the pricing of any aspect of the Program, product or service at any time. We do not provide price protection or refunds in the event of a price drop or promotional offering.
7. Changes to the Program
We may make changes in the Program, temporarily or permanently, including the following, in our sole discretion at any time, and without giving you prior notice:
Remove or change content provided as part of the Program;
Discontinue the Program;
Terminate your participation in the Program;
Discontinue providing text messages;
Change how we offer the Program (e.g., to begin charging a fee to participate in aspects of the Program that we previously made available without charge);
Restrict, suspend or terminate your access to our interactive text messaging system, website or other electronic systems we use to provide the Program (“Systems”), or features thereof; and
Deactivate any accounts you have created with us.
We will not be liable to you for taking any of these actions, except that if you have paid a fee for participating in an aspect of the Program or for an additional product or service, and you are not in breach of these Terms, you will either receive substantially what you paid for or a refund of your fee, at our discretion.
8. Intellectual Property
The textual and other content we provide you through the Program is protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on such content.
9. Acceptable Use
With respect to the Systems, you agree not to do the following, or assist others to do the following:
Access the Systems using any interface other than our normal human interface, including any automated use such as using scripts to interact with the Systems;
Maintain any link to online pages of the Systems that we ask you to remove;
Transmit any material that is threatening, harassing, offensive, false, disparaging, defamatory, obscene, illegal, or otherwise objectionable;
Violate any person’s or entity’s legal rights;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Interfere with others’ using the Systems or otherwise disrupt the Systems;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Systems;
Transmit, collect, or access personally identifiable information about other users;
Impersonate any person or entity;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Systems; or
Access any portion of the Systems that we have not authorized you to access.
If we believe you have violated this Section 9, we may immediately terminate your participation in the Program and access to the Systems, and take any other actions or seek any remedies permitted by law.
You agree to defend, indemnify and hold harmless us and our directors, officers, employees, vendors, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Indemnified Parties”) with respect to all third party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations (“Claims”) of any kind, arising out of or in connection with your participation in the Program, your failure to provide us complete and current contact information for you (including by changing your telephone number and failing to notify us immediately), and use or misuse of the Systems, including Claims arising under the Telephone Consumer Protection Act. We have the right to assume the exclusive defense and control of any Claim subject to indemnification, and in such cases you agree to cooperate with us to defend such Claim. You may not settle any Claim covered by this Section 10 without our prior written approval.
11. DISCLAIMERS; LIMITATION OF LIABILITY
WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM AND THE SYSTEMS, INCLUDING ANY WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT.
YOUR PARTICIPATION IN THE PROGRAM AND USE OF THE SYSTEMS IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE PROGRAM THAT WE PROVIDE WITHOUT YOUR BEING REQUIRED TO PAY A FEE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE PARTICIPATING IN THE PROGRAM.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN OUR PROVIDING THE PROGRAM OR OTHER PERFORMANCE DUE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTY SERVICE PROVIDERS, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.
WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR LIABILITY FOR OTHER DAMAGES EXCEED THE AMOUNT PAID BY YOU TO US FOR THE PARTICULAR FEATURE, PRODUCT OR SERVICE GIVING RISE TO A CLAIM.
12. Governing Law; Venue; Disputes
These Terms are governed by and construed in accordance with the substantive laws of the State of California. You agree to exclusive jurisdiction in the state and federal courts in Santa Clara County, California. Before you commence any legal action against us with respect to the Program, you must first send us a written notice of your claim (“Notice”). The Notice must (1) be sent by certified mail; (2) be addressed to: CrownTheCrowd, Inc., 4546 El Camino Real B10-333, Los Altos, CA 94022; (3) describe the nature of your claim; and (4) specify the damages or other relief you seek. If we and you do not then resolve the claim within 30 days after our receipt of your Notice is received, either you or we may commence an action to resolve the claim. Regardless of any statute or other law to the contrary, you must file any claim or action related to the Program within one year after such claim or action accrued. Otherwise, you will waive the claim or action.
We may be required to notify you of certain events. You authorize us to send you notices using any contact information you provide us and agree that notices sent by us to the telephone number, email address or other contact you then have on file with us satisfies any such notice requirement. If you do not provide us with accurate and current contact information, we will not be responsible for failure to notify you.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof.
These Terms will survive any expiration or termination of your participation in the Program, whether we terminate your access or you voluntarily discontinue your use.
If you have questions regarding these Terms and Conditions, please reach out to us by submitting a “contact us” form on the website associated with the specific text messaging program you opted into at https://www.crownthecrowd.com/contact-us.
Empowering individuals for massive collective impact
© 2019 CrownTheCrowd, Inc.