Terms of Service

Humanicity Network, LLC, doing business as Cranberry ("Cranberry") is pleased to provide services available at and through our Web site http://www.cranberry.com (the "Site") to you ("you" or "User"). By using the Cranberry Site and any associated Cranberry or third party services, software, applications, plug-ins, components, functionality, products and/or programs (individually and collectively, "Services"), and/or by completing the registration process at this Site, you represent and warrant that you have carefully reviewed the terms and conditions set out in this agreement (the "Terms"), that you understand them, and that you agree to be legally bound by them.

Cranberry is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.

In addition, you acknowledge that specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. Should you have any questions concerning this Agreement, please contact legal@cranberry.com.

Privacy

Cranberry will treat any personal information that you submit through this Site in accordance with its Privacy Policy, which Cranberry may change from time to time in its sole discretion. It is your responsibility to read and understand the Cranberry Privacy Policy and to periodically check for any changes to that policy.

Registration Obligations, Credential Control, and Security

To obtain and use the Services, you will be required to create an account with Cranberry by completing an on-line registration form and designating a username and password (your "Credentials"). When registering with Cranberry, you agree to provide true, accurate, current and complete information about yourself during the on-line registration process and to maintain and promptly update this information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or we have grounds to suspect that such information is untrue, inaccurate, incomplete, or not current, we may suspend or terminate your account without notice and refuse any and all current or future use of the Services (or any portion thereof).

You are responsible for maintaining the confidentiality of your Credentials and are fully responsible for all activities that occur under your Credentials. You agree to immediately notify Cranberry of any unauthorized or suspected unauthorized use of your Credentials or any other breach of security of this Site. Cranberry cannot and will not be liable for any loss or damage arising from any unauthorized use of your Credentials or account.

You are prohibited from using any Services or facilities provided in connection with this Site to compromise security or tamper with Cranberry's system resources or accounts. The use of any tools designed for compromising security or collecting information (e.g., password guessing programs, cracking tools, "spiders," or other network probing tools) in connection with this Site is strictly prohibited. If you become involved in any violation of system security, Cranberry reserves the right to release your details to system administrators at other sites in order to assist them in resolving or preventing security incidents. Cranberry also reserves the right to investigate any and all suspected violations of these Terms and to take any and all necessary or appropriate actions to remedy such violations, as Cranberry may determine in its sole discretion. Cranberry further reserves the right to cooperate fully with any law enforcement authorities or court orders requesting or directing Cranberry to disclose the identity of, or other information about, anyone making available on this Site any materials that are believed to violate these Terms or applicable law.

BY USING THIS SITE AND ACCEPTING THESE TERMS, YOU HEREBY WAIVE AND AGREE TO RELEASE, HOLD HARMLESS, AND IRREVOCABLY COVENANT NOT TO SUE CRANBERRY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, AGENTS, RESELLERS, AND PARTNERS, AND THEIR RESPECTIVE AFFILIATES, FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTIONS TAKEN BY ANY OF THEM DURING INVESTIGATIONS OF YOUR USE OF THIS SITE AND FROM ANY AND ALL ACTIONS TAKEN AS A RESULT OF SUCH INVESTIGATIONS BY THEM OR BY LAW ENFORCEMENT AUTHORITIES, EXCEPT ANY UNLAWFUL ACTIONS THAT YOU ESTABLISH WERE TAKEN IN BAD FAITH. NOTHING IN THIS PARAGRAPH SHALL IMPOSE LIABILITY ON CRANBERRY WITH RESPECT TO ANY SUCH ACTIONS TAKEN BY ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, RESELLERS, OR PARTNERS WITHOUT ITS KNOWLEDGE AND CONSENT. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with Cranberry, you understand that we may send you communications or data from Cranberry regarding the Services. These messages may include but are not limited to promotional information and materials regarding Cranberry products and services. While Cranberry provides you the opportunity to opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided on this Site, you will continue to receive (a) notices about your use of the Services, including but not limited to any notices concerning violations of these Terms and (b) service updates, while your account remains open and/or active at Cranberry.

Acceptable Use Policy

Unauthorized use of any Cranberry Service, or the resale of any Cranberry Service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our Services in any format to any third party. In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or that violate the intellectual property rights of Cranberry or others.

In addition, you may not (1) co brand this site, (2) frame this site, or (3) hyperlink to this site, without Cranberry's express prior written permission. The term "co brand" means to display the name, logo, trademark, symbol, or other means of attribution or identification of another party in a manner that may give users the impression that such other party has the right to display, publish, or distribute this Site or any of the contents accessible within this Site. You agree to cooperate with Cranberry to bring any unauthorized co-branding, framing, or hyper-linking to an immediate stop.

You may need to upload some of your files ("User Files") to this Site, in order to use various Services provided by Cranberry. By registering to use the Services, you understand and agree that Cranberry and its affiliates, contractors, employees, officers, managers, and agents retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly display such content for the sole purpose of providing to you the Services for which you have registered. You continue to retain all ownership rights in any User Files you provide and shall remain solely responsible for your conduct, your User Files, and any material or information transmitted to other Users for interaction with other Users. Cranberry does not claim any ownership rights in any User Files.

Lawful Use Service

You may not use any Cranberry Services for any unlawful or otherwise improper or inappropriate use or purpose. Without limiting the generality of the foregoing:

Cranberry Products or Services may not be used to store, backup, or distribute (i) child pornography, (ii) any other material that is vulgar, obscene, pornographic, or indecent, (iii) any material that libels, defames, invades privacy, stalks, or is racist, abusive, harassing, or threatening, or (iv) any programs which contain viruses, worms and/or Trojan horses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware.

Cranberry Services may not be used in violation of U.S. export control laws or the export or import regulations of other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain licenses to export, re-export, or import as may be required.

You may not under any circumstances use any Cranberry Services if you are a citizen, national, or resident of, are under the control of, or are acting in cooperation with or for the benefit of the government of Cuba, Iran, Sudan, Libya, North Korea, Syria, or any other country to which the United States has prohibited exports.

You may not use any Cranberry Services to upload, store, copy, or distribute any User Files or other content for which you do not own all copyrights and other intellectual property rights, or license rights sufficient for your use of the Services, nor may you otherwise use the Services to violate any intellectual property rights.

Sole Responsibility

Cranberry does not access and cannot review your User Files for accuracy, completeness, or integrity. You agree that it is your sole responsibility to verify the accuracy, completeness, and integrity of your recorded User Files before deleting them from the Cranberry system or destroying the originals or best copies in your possession. Cranberry bears no responsibility for any files or materials you destroy before or after you review and evaluate of your Cranberry disc and its contents.

Links to Other Sites

Cranberry may hyperlink this Site to other sites that are not maintained by, or related to, Cranberry. Cranberry provides hyperlinks to other sites as a service to users, and such sites are not sponsored by or affiliated with this Site or Cranberry. Cranberry has not reviewed any or all of such sites and is not responsible for any of the contents of those sites. Cranberry makes no representations or warranties about the content, completeness, safety, or accuracy of any hyperlinks or sites hyper-linked to this Site. All users access any hyperlinks at their own risk. A hyperlink to any third-party site does not imply endorsement by Cranberry of that site.

Intellectual Property Rights and Notices

All of the contents of this Site, including but not limited to text, illustrations, photographs, graphics, audio files, video files, audio-visual files, and the like ("Contents"), but excluding your User Files, are owned by Cranberry or its licensors. Except for the licenses expressly granted to you in these Terms, you have no rights in or to Cranberry Services or any Contents. You agree that Cranberry or its licensors retain all proprietary right, title and interest, including copyrights and all other intellectual property rights, in and to the Cranberry Services and the Content.

You may not copy, distribute, modify, republish, download, post, display, perform, add to, abridge, compile, adapt, translate, modify, update, broadcast, or otherwise transmit any of the Contents, except your User Files, in any way without the express prior written consent of Cranberry. Modification or use of Contents other than as provided in these Terms violates the intellectual property rights of Cranberry or its licensors.

Cranberry, the Cranberry logo, and the "look and feel" of this Site are either trademarks, service marks, or registered trademarks of Cranberry and may not be copied, imitated, or used, in whole or in part, without Cranberry's prior written permission. Other product and company names may be trade names or marks of their respective owners.

Cranberry may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are related to the Services. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with access to such Web pages does not give you any license to any of our intellectual property or any other person's intellectual property, except as expressly stated herein. Any and all rights not expressly granted herein are reserved.

Cranberry welcomes your comments, suggestions, and ideas about our Services. Cranberry will not be required, however, to treat any such comments, suggestions, or ideas as confidential or proprietary. By submitting any such comments, suggestions, or ideas, and as additional consideration for your use of this Site, you agree to assign to Cranberry, without charge or remuneration, all worldwide right, title, and interest (including all copyrights and other intellectual property rights in any and all forms, media, and technologies now known or hereafter developed) in all such comments, suggestions, and ideas. You should not submit any comments, suggestions, or ideas on this Site that you do not want to assign to Cranberry for its sole benefit and use.

Payment of Fees & No Automatic Renewal

The fees applicable for Cranberry services are available at Cranberry.com and as published within the Site. Cranberry reserves the right to change the fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

Cranberry does NOT provide automatic account renewal. If you subscribe to any Cranberry Services, you will receive a notice of renewal 30 days before the annual subscription expires. It is your responsibility to return to the Site to make payment to affect renewal of a subscription.

If payment is not received by the expiration date of the subscription, User's account will be frozen and inaccessible by User until the account is renewed at Cranberry.

If you choose not to renew your subscription to the Services, Cranberry is not obligated to retain your User Files beyond 90 days from the subscription expiration date, at which time the account will be deactivated and all User Files will no longer be retrievable.

Term and Termination

This Agreement is effective upon your registration for Cranberry Services and remains in effect until (a) your account is terminated or (b) you fail to comply with these Terms.

You agree that, upon termination, your rights to the Services, including but not limited to any unused credits, will be immediately forfeited, and you will no longer have access rights to the Services. You may terminate this Agreement at any time by requesting closure of your account at Cranberry.com.

Cranberry reserves the right to refuse or to discontinue Services to any User at any time at its sole discretion. The terms of the sections entitled Privacy, Intellectual Property Rights and Notices, No Responsibility for Loss of User Files, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination of this agreement.

If this agreement terminates, Cranberry has no obligation to provide you with a copy of your User Files and may remove and discard any and all of your User Files immediately.

General Terms

Severability - If any provision of the Agreement is found to be invalid or unenforceable by a court of competent jurisdiction under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of these Terms.

Notices - We may notify you via postings on www.cranberry.com, and via email or any other communication means, using the contact information you provide to us. You may also notify us via email at legal@cranberry.com or via mail or courier at Cranberry d/b/a Cranberry, Attn: Legal, PO Box 1416, 2069 Main Street, Ferndale, WA 98248 USA. Any notices that you provide without complying with this Section on Notices shall have no legal effect.

Choice of Law - These Terms shall be governed by, and construed in accordance with, the laws of the State of Washington, USA, without regard to its conflicts of laws rules. Any and all disputes arising out of or relating to these Terms or any alleged breach thereof shall be filed and pursued solely in the federal or state courts sitting in Whatcom County, WA, and you submit yourself to the personal jurisdiction and venue of such courts. The prevailing party in any legal dispute arising out of or relating to these Terms or any alleged breach thereof shall be entitled to recover, in addition to any other remedies available by law, its reasonable costs and attorneys' fees.

Entire Agreement - You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter hereof.

Amendments to this Agreement - We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.cranberry.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time as outlined in the Term and Termination section. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions.

No informal waivers, agreements or representations - Our failure to act with respect to a breach by you or others of these Terms does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by Cranberry shall be deemed legally binding on any Cranberry, unless documented in a physical writing hand signed by a duly appointed officer of Cranberry.

No Injunctive Relief - In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of any Services.

Assignment and Delegation - You may not assign or delegate to any other person any of your rights or obligations under these Terms, and any such purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.

No Responsibility Loss of User Files

Under no circumstances will Cranberry be held liable or accountable to you for any loss of any User Files, in whole or in part. By becoming a Cranberry user, you, the customer, acknowledge that you forfeit the right to hold Cranberry accountable for any and all technical errors, including loss of User Files.

Cranberry does not guarantee length of Service.

Disclaimer of Warranties

YOU USE THIS SITE AT YOUR OWN RISK. ANY AND ALL SERVICES ARE PROVIDED STRICTLY "AS IS," WITH NO WARRANTIES WHATSOEVER. CRANBERRY EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, AND ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THE SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CHOICE OF LAW PROVISION CONTAINED HEREIN CANNOT BE ENFORCED AGAINST YOU. IN ANY SUCH INSTANCE, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CRANBERRY OR ITS SUPPLIERS, CONTRACTORS, RESELLERS, OR PARTNERS, OR THEIR RESPECTIVE AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SERVICES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF CRANBERRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF CRANBERRY AND ITS SUPPLIERS, CONTRACTORS, RESELLERS, AND PARTNERS, AND THEIR RESPECTIVE AFFILIATES, ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO CRANBERRY FOR THE SERVICES. IF ANY SERVICES ARE PROVIDED WITHOUT CHARGE, THEN CRANBERRY AND ITS SUPPLIERS, CONTRACTORS, RESELLERS, AND PARTNERS, AND THEIR RESPECTIVE AFFILIATES, SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR DIRECT DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT THE CHOICE OF LAW PROVISION SET FORTH IN THESE TERMS CANNOT BE ENFORCED AGAINST YOU.

NONE OF THE SERVICES ARE INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND USER AGREES THAT CRANBERRY AND ITS SUPPLIERS, CONTRACTORS, RESELLERS, AND PARTNERS, AND THEIR RESPECTIVE AFFILIATES, WILL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SERVICES.

Indemnification

You agree to indemnify, defend, and hold harmless Cranberry, its licensors, suppliers, contractors, resellers, partners, employees, officers, members, and agents, and their OTHER respective affiliates, ("Indemnified Parties") from and against any violation of these Terms by you, including any use of Contents or Services other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability responsibility in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all resulting claims, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys' fees, including but not limited to those of the Indemnified Parties ("Claims"). You also agree to indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims arising out of your use of any information or other Contents accessed from this Site or any submission that you make, or cause to be made, to this Site.

Cranberry Contact Information

We are happy to address your questions, comments and feedback. You can contact us by emailing legal@cranberry.com. You may also send regular postal mail to:

Humanicity Network, LLC d/b/a Cranberry
Attn: Legal,
PO Box 1416
2069 Main Street
Ferndale, WA 98248 USA