Conditions of Use

Last updated: November 8, 2017

Welcome to CrownConnect.com.

Crown Source LLC and its affiliates (“Crown Source”, “we”, “us,” or “our”) provide website features and other products and services to you when you visit or shop at CrownConnect.com, use CrownConnect applications for mobile, or use software provided by Crown Source in connection with any of the foregoing (collectively, “CrownConnect”). Crown Source provides the CrownConnect subject to the following conditions.

By using CrownConnect, you agree to these conditions. Please read them carefully.

These Conditions of Use (“Conditions”) govern your access to and use of the CrownConnect, including CrownConnect website or app that links to these Conditions of Use. These Conditions constitute an agreement between Crown Source and you. Please note that your use of CrownConnect is also governed by all other applicable Terms and Conditions, Privacy Policy, and any other requirements on the CrownConnect website, all of which (as changed over time) are incorporated into these Conditions of Use. Unless otherwise indicated, capitalized terms have the meanings given to them in these Conditions of Use.

Revisions to these Conditions

We may revise and update these Conditions from time to time, and will post the updated Conditions to CrownConnect. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE CONDITIONS, ANY CHANGES TO THESE CONDITIONS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Conditions will not apply retroactively to events that occurred prior to such changes. Your continued use of CrownConnect will constitute your agreement to any new provisions within the revised Conditions.

LICENSE AND ACCESS

All CrownConnect Content (“CrownConnect Content” includes, but is not limited to, written content prepared and posted by CrownConnect, CrownConnect software and applications, and the Site design, layout, look, appearance, and graphics) on CrownConnect, as well as the trademarks, service marks, and logos contained on CrownConnect are owned by or licensed to CrownConnect and are subject to copyright, trademark, and other intellectual property rights under the United States and foreign laws and international conventions. CrownConnect reserves all rights not expressly granted in, and to, the CrownConnect and the CrownConnect Content.

Except as otherwise provided in these Conditions, no part of CrownConnect and no Content may be copied, reproduced, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial use, without CrownConnect’s prior express written consent.

Subject to your compliance with these Conditions and other applicable terms, and your payment of any applicable fees, Crown Source or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal or internal business use of CrownConnect and the CrownConnect Content.

This license does not include any resale or other similar commercial use of CrownConnect, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of CrownConnect or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions or any other applicable terms are reserved and retained by Crown Source or its licensors, suppliers, publishers, rightsholders, or other content providers.

CrownConnect, nor any part of any CrownConnect, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Crown Source. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CrownConnect without express written consent. You may not use any meta tags or any other “hidden text” utilizing CrownConnect’s name or trademarks without the express written consent of Crown Source. You may not misuse the CrownConnect. You may use CrownConnect only as permitted by law.

Your access to CrownConnect is provided on a temporary basis with no guarantee for future availability. We reserve the right to withdraw or modify any content or services we provide on CrownConnect without notice.

The licenses granted by Crown Source terminate if you do not comply with these Conditions or any other applicable terms.

Restrictions on Your Use of CrownConnect

You agree that when using CrownConnect, you will not:

1. Delete, modify, or attempt to change or alter any of the CrownConnect Content or notices on the Site;
2. Introduce into CrownConnect any virus, rogue program, time bomb, drop dead device, back door, Trojan horse, worm or other malicious or destructive code, software routines, denial of service attack, or equipment components designed to permit unauthorized access to CrownConnect, or to otherwise harm other users, the Site, CrownConnect Content, or any third parties, or perform any such actions;
3. Access or attempt to access any other CrownConnect user’s information or content, except with such user’s express consent;
4. Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which CrownConnect is based;
5. Use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on CrownConnect for any reason;
6. Use any CrownConnect Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
7. Decrypt, transfer, frame, display, or translate (except translations for personal use) any part of CrownConnect;
8. Connect to or access any CrownConnect computer system or network without authorization; or
9. Use the information in CrownConnect to create or sell a similar service.

CrownConnect may suspend or terminate, in whole or in part, your access to CrownConnect and the related services if you violate the terms and conditions set forth in this Section.

YOUR ACCOUNT

You may need an account to use CrownConnect, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

If you are under 18, you may use the CrownConnect only with involvement of a parent or guardian. Crown Source reserves the right to refuse service, terminate accounts, terminate your rights to use CrownConnect, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content and communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Crown Source reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Crown Source a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Crown Source and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Crown Source for all claims resulting from content you supply. Crown Source has the right but not the obligation to monitor and edit or remove any activity or content. Crown Source takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS

All purchases of physical items from Crown Source are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery from the Crown Source supplier.

RETURNS, REFUNDS AND TITLE

Crown Source does not take title to returned items.

PRODUCT DESCRIPTIONS

Crown Source attempts to be as accurate as possible. However, Crown Source does not warrant that product descriptions or other content of CrownConnect is accurate, complete, reliable, current, or error-free. If a product offered by Crown Source itself is not as described, your sole remedy is to return it in unused condition.

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found at other retailers.

With respect to items purchased through CrownConnect, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced.

SANCTIONS AND EXPORT POLICY

You may not use CrownConnect if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using CrownConnect. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including CrownConnect), technology, and services.

OTHER BUSINESSES

Parties other than Crown Source sell products and services through CrownConnect. In addition, we may provide links to the sites operated by third parties. Regardless of our affiliation with such a third party, we are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Crown Source does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and conditions of use governing their sites and services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

CROWNCONNECT AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CROWNCONNECT ARE PROVIDED BY CROWN SOURCE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CROWN SOURCE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CROWNCONNECT, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CROWNCONNECT, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF CROWNCONNECT IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, CROWN SOURCE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CROWN SOURCE DOES NOT WARRANT THAT CROWNCONNECT, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CROWNCONNECT, TO THE FULL EXTENT PERMISSIBLE BY LAW, CROWN SOURCE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CROWN SOURCE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH CROWNCONNECT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us and our affiliates, and our and their respective officers, directors, employees, representatives and agents against any loss, claim, damage, settlement, cost, expense, tax or other liability (including, without limitation, reasonable attorneys’ fees) (each a “Claim”) arising from or related to (a) any breach of the Conditions, or (b) your negligence or willful misconduct. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

DISPUTES

Any dispute between the parties arising out of these Conditions (including formation, performance, breach, enforceability, and validity of this Agreement) or our operation of CrownConnect shall be settled by final and binding arbitration in the English language in the City of Overland Park, Kansas, in accordance with the rules of the American Arbitration Association, and judgment on any award rendered upon arbitration may be ordered in any court having requisite jurisdiction. The costs of such arbitration shall be shared equally by the parties hereto; provided, however, notwithstanding any other provision of this Agreement, each party shall bear the full cost of any legal, accounting, expert witness or other consultant retained by that party on its own behalf.

Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to these Conditions may obtain preliminary injunctive relief in the Johnson County District Court, Johnson County, Kansas, located in the City of Olathe, Kansas, for the purpose of enforcing any of these Terms pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using CrownConnect, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Kansas, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Crown Source.

PRIVACY

Please review our Privacy Policy for information on our practices relating to the processing and protection of your personal information.

ELECTRONIC COMMUNICATIONS

When you use CrownConnect, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other providers and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Miscellaneous Terms

1. Entire Agreement. Except for the CrownConnect Terms and Conditions, and any other applicable terms, these Conditions constitutes the entire agreement between you and Crown Source relating to your use of, and access to, CrownConnect and supersedes any prior or contemporaneous agreements or representations.  These Conditions may not be amended except as set forth in these Conditions.
2. If any portion of these Conditions is ruled invalid or otherwise unenforceable, these Conditions shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted.  Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Conditions as possible.
3. Descriptive headings contained in these Conditions are for convenience only and shall not control or affect the meaning or construction of any of these Conditions.
4. No Our failure to enforce or exercise any provision of these Conditions or related rights will not constitute a waiver of that right or provision.
5. No Assignments and Transfers. No rights or obligations under these Conditions may be assigned or transferred by you, either voluntarily or by operation of law, without our express written consent and in our sole discretion.
6. No Third Party Beneficiaries. Nothing in these Conditions will confer upon any person, other than the parties, any rights, remedies, obligations, or liabilities whatsoever.
7. You can provide any notices to us under these Conditions by e-mail or mail using the contact information provided, below.  Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or through posting notices to your account. You are responsible for providing Crown Source with up-to-date contact information, which you may do by updating your account information through CrownConnect or by sending a message to us via the contact information provided, below.  You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may print the communications for your records.

CONTACT US

If you have any questions or need to contact us for any reason relating to these Conditions, please e-mail [email protected].

You may also send us mail at the following addresses:
Crown Source, LLC
10955 Lowell Ave, Suite 600
Overland Park, KS 66210