CRISPSTEP

THIS DOCUMENT SHOULD BE READ BEFORE USING OR ACCESSING THE CRISPSTEP.COM WEBSITE OR RELATED SERVICES.

 

The CRISPSTEP.com Site and Services are operated by Platinum Micro, Inc. (“Platinum Micro, Inc.”, “we” or “us”).

 

1. CRISPSTEP.com Service Description

CRISPSTEP.com, operated by Platinum Micro, Inc, is an online resource for purchasing overstock, open box, and refurbished inventory at a discount. This agreement defines the standards of use for services and is legally binding. Please read all the Terms of Service before accessing this website. Using the website, or its services, constitutes agreement of these conditions. If you do not understand or agree to these terms you must not use the website or its services nor register an account.

 

CRISPSTEP.com has also set forth a Privacy Policy, found at https://crispstep.com/privacy-policy. In addition to agreeing with these Terms of Service outlined hereafter, you acknowledge you have reviewed/agree to all terms of the Privacy Policy. The Privacy Policy may be amended and/or updated, and are hereby incorporated into these Terms of Service.

 

When using CRISPSTEP.com, you must abide by all terms/conditions of the service, and in relation to services provided by or related to any content on CRISPSTEP.com and its service partners. Any questions regarding this policy, or terms herein, should be referred to staff at support@crispstep.com.

 

You are not to use CRISPSTEP.com services without a complete understanding of, and agreement with, these policies. By visiting CRISPSTEP.com and/or creating an account, you hereby acknowledge, you have read, understood, consent, and are legally bound by all terms and conditions outlined.

 

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO USE CRISPSTEP.COM.

 

2. Revisions to Terms of Service

CRISPSTEP.com retains the right to alter, modify, and or update the Terms of Service at any time and without prior notice. Updated Terms of Service become effective immediately. If you no longer agree to the updated Terms of Service, you must cease all usage of CRISPSTEP.com and its related services. Continued use constitutes agreement with update Terms of Service. Questions regarding the use of these services should be referred to support@crispstep.com.

 

3. Use of CRISPSTEP.com Services

Use CRISPSTEP.com is void where prohibited by law. Accessing CRISPSTEP.com constitutes an acknowledgment and agreement to: (i) you understand and accept the conditions set forth in these Terms of Service and, by continuing the use thereof, acceptance these terms as legally binding; (ii) you have the ability and the authority to enter into an agreement and to abide by all the terms and conditions outlined in the Terms of Service; and (iii) if acting on behalf of a third party you have been authorization to do so.

 

All content viewed by users of CRISPSTEP.com is monitored and is the responsibility of CRISPSTEP.com.

 

CRISPSTEP.com reserves the rights, at any time, to: (i) modify or discontinue some or all of CRISPSTEP.com, including, but not limited to restricting its availability in terms of time, amount of use, as well as limiting or cancelling user accounts, regardless of the presence or absence of prior notice; (ii) charge fees for the use of all or part of the website, as well as modify and/or waive those same fees; (iii) give opportunities to users of CRISPSTEP.com.

 

Users, acting alone or for and behalf of any third party, agree CRISPSTEP.com, nor any affiliates, shall be held liable for any changes or discontinuance of CRISPSTEP.com, its related services or content, in whole or in part. Continued use of CRISPSTEP.com following the posting of changes to these Terms of Service constitutes acceptance of such changes.

 

Subject to the terms and conditions established in this document, as well as any third party restrictions that might apply, you are granted by Platinum Micro, Inc. a revocable, non-transferable, non-exclusive, non-sub-licensable limited right and license to view, use, and access CRISPSTEP.com to (i) download/print any and all available content only for your information and immediate/private use; (ii) acquire goods and services through hyperlinks made available on or found through CRISPSTEP.com.

 

Copyright or proprietary notices for materials hosted at CRISPSTEP.com are to be retained and adhered to at all times. Ownership rights to these materials, unless expressly stated, remain the sole property of CRISPSTEP.com.

 

4. Registration

CRISPSTEP.com uses a system of accounts and profiles to provide services. You agree CRISPSTEP.com can refuse, change, remove, or replace usernames for reasons including, but not restricted to: usernames used to impersonate, are deemed offensive, or violate third party intellectual property.

 

By registering and/or participating in any promotions, you consent to: (i) provide accurate, current, and complete information when completing the CRISPSTEP.com account registration form and; (ii) keep current registration data accurate as the information changes. If deemed a user has provided false or incomplete information, CRISPSTEP.com retains the right to: (i) suspend or terminate your account (including any payments made or orders pending) and; (ii) refuse you access any services offered by CRISPSTEP.com now and in the future.

In addition to entering user information when registering, you will be asked to select a password. It is your sole responsibility to ensure the confidentiality of this password and is forbidden to allow third parties to access your account. You are accountable for all activity associated with your username and must notify CRISPSTEP.com immediately of any unauthorized use of your account. It is your responsibility to “log off”/exit your account at the end of each session (if applicable). CRISPSTEP.com will not be held accountable for any loss or damage due to your failure to comply with these terms.

 

CRISPSTEP.com retains the right to suspend, terminate, access, and investigate immediately any user account if subpoenaed, requested by law enforcement request to do so, if the user is believed to be sending, or is connected to the distribution of, unsolicited bulk emails (SPAM messages), or is involved with any fraudulent, misleading, illegal or other questionable activities. Users identified as sending unsolicited bulk mail via CRISPSTEP, CRISPSTEP.com, Platinum Micro, Inc. agree to pay CRISPSTEP.com $5/each email sent, actual damages, or the maximum allowed by law (whichever is greater) as liquidated damages.

 

Users agree CRISPSTEP.com may terminate your password, account, or access for reasons outlined in the Terms of Service or, the assumption users have violated or inconsistently acted within these Terms and Conditions. CRISPSTEP.com retains the right to discontinue CRISPSTEP.com, or any service it provides, without prior notice, and are not liable to you, or any third parties, due to termination of your CRISPSTEP.com access and/or account.

 

Termination of Terms of Service, Privacy Policy or use of CRISPSTEP.com shall not entail the cessation of any provisions related to disclaimers, exclusion of damages, limitations of liability, and indemnification.

 

5. User Conduct and Acceptable Use Policy

Unauthorized use of CRISPSTEP.com is forbidden and may not be used in violation of state, federal, and international laws, or for any illegal purpose.

CRISPSTEP.com retains the right to terminate your access and account if your behavior fails to meet any of these guidelines for User conduct. To avoid termination, users are to be:

 

Must be truthful and genuine with the representation of your identity.

Forbidden to attempt access to any accounts, computers or networks connected to CRISPSTEP.com without prior permission.

Forbidden to attempt access to any information from CRISPSTEP.com unless it is provided or made clearly available.

Users are not allowed to charge others to use this service, directly or indirectly.

CRISPSTEP.com may not be used to gather information about other users.

No copying, disassembling or changing in any way, software used by, provided by, or in connection with CRISPSTEP.com.

Use of CRISPSTEP.com in a way which uses excessive bandwidth, as determined by our representative, is prohibited.

Any decisions regarding these guidelines are CRISPSTEP.com’s sole discretion.

CRISPSTEP.com will determine if, when, and what action is taken with regard to violation of these guidelines. CRISPSTEP.com’s response to each issue shall have no bearing on any future issues.

 

5. Limitations of Liability

The CRISPSTEP site, services and content are provided “as is”. Any express or implied warranty including warranties of merchantability, satisfactory quality, or fitness for a particular purpose, are excluded by Platinum Micro, Inc. to the fullest extent allowed by law. Platinum Micro, Inc. does not guarantee the functions and materials of this website will be uninterrupted and without error. All costs incurred with any necessary servicing, repair, or correction associated with your use of this website is your responsibility as a user, not Platinum Micro, Inc’s.

 

Platinum Micro, Inc., its directors, employees, content providers, affiliates, or other representatives are not liable for any damages (including lost profits, consequential or punitive) resulting from your use, failure to use, or the performance of CRISPSTEP.com, unless specifically stated in this Policy, elsewhere on CRISPSTEP.com, or as required by law.

 

If CRISPSTEP.com is found responsible to any user (notwithstanding the foregoing disclaimers and indemnification) then our responsibility shall be a maximum of $50.00; or actual damages if this is less than $50.00. We shall not pay any punitive, consequential, or resulting damages.

 

6. Indemnification

IT IS YOUR SOLE RESPONSIBILITY TO ENSURE YOUR PASSWORD AND ACCOUNT ARE KEPT CONFIDENTIAL. ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT IS YOUR SOLE RESPONSIBILITY. YOU AGREE PLATINUM MICRO, INC., ITS PARENTS, AFFILIATES, AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, REPRESENTATIVES, AGENTS, AND THIRD-PARTY PROVIDERS ARE TO BE INDEMNIFIED, DEFENDED, AND HELD HARMLESS BY YOU TO, FROM, AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) RESULTING FROM YOUR USE OF THE CRISPSTEP.COM WEBSITE OR SERVICES. YOUR VIOLATION OF THESE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU ARE TO NOTIFY CRISPSTEP.COM IMMEDIATELY IF ANY AUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU HAS OCCURRED.

 

Platinum Micro, Inc. agrees that you are to be indemnified, defended, and held harmless from and against any and all losses, liabilities, costs (including reasonable attorneys’ fees) or damages due to any claim by any third party that our proprietary software infringes such third party’s U.S. patents issued as of the Effective Date, or infringes or misappropriates, as applicable, such third party’s copyrights or trade secret rights under applicable laws of any jurisdiction within the United States of America; with the provision that CRISPSTEP.com are promptly notified by you in writing of the claim, that you cooperate with us, and grant Direct Liquidation sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to authorize CRISPSTEP.com, at our exclusive discretion, to enable you to continue to use the marketing service or the documentation, as applicable or to change or replace any such infringing material so as to make it non-infringing. If CRISPSTEP.com determines none of these alternatives is reasonably available, you shall, upon written request from CRISPSTEP.com, cease use of, and, if applicable, return, such materials that are the subject of the infringement claim. This Section 6 shall not apply if the claimed infringement results, in whole or in part, from (i) modification of CRISPSTEP.com by you, or (ii) combination, operation, or use of CRISPSTEP.com with other software, hardware, or technology not provided by us. OUR LIABILITY UNDER THIS SECTION 7 SHALL IN NO CASE EXCEED THE CAP ON LIABILITY SET FORTH IN SECTION 6.

 

7. Modifications and Interruption to Service

Along with CRISPSTEP.com service providers, considerable effort is made to maintain CRISPSTEP.com, but neither can be held accountable for any defects or failures with service, including the email service, or any financial losses that may result from these. CRISPSTEP.com retains the right to amend or terminate our services without prior notice and is not liable to you, or to any third parties if any complete or part of service of CRISPSTEP.com is amended or terminated. You accept that CRISPSTEP.com does not guarantee access to the site will be continuous, uninterrupted, or secure. You also accept that the operation of CRISPSTEP.com may be interfered with or negatively impacted by factors out of our control.

 

8. Third-Party Sites

Advertisements or links to other websites or resources may be found on CRISPSTEP.com. There may be features and functionalities on CRISPSTEP.com that links you, provides functionality or access to third party content, including databases, services, and applications. Some content may be provided to you as part of CRISPSTEP.com. It is encouraged that you consult the privacy policies for these third parties. CRISPSTEP.com shall not be held accountable for any problems resulting from your use of third-party services unless the problem was directly caused by our breaches.

 

9. These Terms of Service will be governed by the law of the State of California, without giving effect to any choice of law rules. We do not state that the use of CRISPSTEP.com is available, appropriate or legal in other areas. Therefore, all disputes will submit to the jurisdiction of the State of California. To the fullest extent allowed by law, both you and Platinum Micro, Inc., waive all rights to trial by jury relating to these Terms of Service. If you stop using CRISPSTEP.com, the provisions of this paragraph still apply.

 

10. You are responsible for knowing and complying with any applicable laws. You are forbidden to break any applicable state, federal, or international laws, regulations or other requirements using CRISPSTEP.com.

11. Platinum Micro, Inc., owns or licenses all services included or available on CRISPSTEP.com (including site design, text, graphics, and selection/arrangement of these) with all rights reserved, or is owned by third parties, and protected by intellectual property rights. It is forbidden to use materials on the website for, but not limited to reproduction, modification, distribution, and replication, without first receiving direct written permission from an authorized officer of Platinum Micro, Inc.

 

12. Intellectual Property Rights and Notices

You have no right, title or interest in or to CRISPSTEP.com, except for the licenses granted in. You agree that all proprietary rights, titles, and interests, including copyright and all intellectual property rights relating to CRISPSTEP.com are the property of CRISPSTEP.com and its licensors. CRISPSTEP and the CRISPSTEP logo are trademarks, service marks, or registered trademarks of Platinum Micro, Inc. They may not be copied, imitated, or used, in whole or in part, unless CRISPSTEP.com, its suppliers, or licensors has granted prior written permission. Other product and company names may be trade or service marks of their respective owners.

 

Providing you with CRISPSTEP.com does not give you any license to our intellectual property, including patents, patent applications, trademarks, copyrights, or other intellectual property rights that are part of our website. CRISPSTEP.com reserves any rights not expressly granted in these terms and conditions.

 

13. Procedure for Making Claims of Copyright Infringement

Please contact SUPPORT@CRISPSTEP.com if you believe CRISPSTEP.com has infringed your copyright. Ensure your email includes the following:

 

The owner of the copyright interest, or person authorized to act on their behalf, must provide either an electronic or physical signature

A description and location on the website of the work whose copyright you believe has been infringed

Your contact details; postal address, telephone number, and email address

A statement declaring that you believe in good faith that the use of the work in question is not authorized by the copyright owner, its agent, or the law

A formal statement that all of the information you have provided is accurate and that you are the legal owner of the copyright or are authorized to act on the behalf of the owner. Please be aware that any statement is made under the penalty of perjury.

In accordance with Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, legal@ CRISPSTEP.com

is to act as the agent of Platinum Micro, Inc. for the purposes of receiving notifications of claimed copyright infringement,

 

14. Other Terms

The validity and enforceability of any provision (including partially-enforceable provisions) in these Terms of Service shall not be affected by the circumstance of any other provision being found unlawful, void, or unenforceable for any reason. You accept CRISPSTEP.com may assign, at will and exclusive discretion, these Terms of Service and any referenced agreements to a third party in case a merger or acquisition. Any agreement between CRISPSTEP.com and you pertaining to your participation as a user shall apply in addition to and shall not supersede these Terms of Service. Agreement to these Terms of Services constitutes your consent to the use and disclosure of your account data and other practices set out in the Privacy Policy.

 

15. Privacy

The Privacy Policy is found at https://crispstep.com/privacy-policy. By using CRISPSTEP.com, you fully understand and consent to the disclosure of your account information when CRISPSTEP.com is required to do so by law, or believe that disclosing it is necessary to comply with legal processes, if need to enforce the terms and conditions of this site, or to protect Platinum Micro, Inc., its employees, users, third parties, and the public in any way.

 

16. Electronic Delivery/Notice Policy And Your Consent

You consent to receive all communication by using the CRISPSTEP.com service. These include, but are not limited to: notices, agreements, legally required disclosures and are collectively known as ‘Contract Notices’. Contract notices may be posted on CRISPSTEP.com. If you no longer wish to receive Contract Notes from CRISPSTEP.com, you must cease using the service.

 

Delay or failure to exercise any rights as stated under the Terms of Service by CRISPSTEP.com does not imply consent your failure to adhere to all Terms of Service. Any single or partial exercise will not prohibit any further action of the same, or other rights. If any of these Terms of Service are deemed to be unenforceable, the validity of this shall have no impact on the enforceability or validity of all remaining Terms.

 

17. Entire Agreement

The conditions described in these Terms of Service (including reference to the Privacy Policy) constitute the entire agreement between CRISPSTEP.com and its users. This agreement supersedes and voids any prior agreements, except where the conditions continue to be expressly provided for in these Terms of Service.