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Terms of Use

Your Acceptance

These Terms of Service comprise a legal agreement between You and CherryTree, LLC (“CherryTree”) and governs your use of theCherryTree.com (the “Website”). By using and/or visiting this website you signify your agreement to:

  • (1) these terms and conditions (the “Terms of Service”),
  • (2) the CherryTree Privacy Policy, found at http://thecherrytree.com/privacy

If you do not agree to any of these terms and conditions, please do not use the Website.

CherryTree may, at its sole discretion modify or revise these Terms of Service and policies at any time and you agree to be bound by such modifications and revisions. You should periodically review the agreement to be aware of such modifications and revision. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

These terms of service apply to all users of the Website, including users who are also publishers of content, information, and other materials or services on the Website.

The Website may contain links to third party websites that are not owned or controlled by CherryTree. CherryTree has no control over and assumes no responsibility for the content, privacy policies or practices of any third party websites. CherryTree will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve CherryTree from any and all liability arising from your use of that third-party website.

CherryTree reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

CherryTree Accounts

In order to access some of the features of the Website, you will be required to create an account. When creating the account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account and must keep your account password secure. You must notify CherryTree immediately of any breach of security or unauthorized use of your account. Although CherryTree will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of CherryTree or others due to such unauthorized use.

General Use of the Website

If you are under 18, you may use CherryTree only with the involvement of a parent or guardian.

You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information software, products, services or benefits obtained from the Website, except as expressly provided herein. If you download or purchase content from the Website, you hold a non-exclusive, non-transferable, and non-distributable right of use.

You may not use a name in connection with your Website account that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to your identity.

You are solely responsible for content published or posted through your Website account. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize CherryTree to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submission in the manner contemplated by the Website and these Terms of Service.

CherryTree reserves the right in its sole discretion to refuse or remove any content, information or materials without prior notice and at its sole discretion.

You may not restrict or inhibit any other user from using the Website.

You may not interfere with or disrupt the Website, servers, or any network connected to the Website.

You may not use the Website or products and services provided through or in connection to the Website to:

  • rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights to any third party.
  • defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person.
  • conduct, promote, or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited emails (including “spamming”) or multilevel or illegal marketing campaigns.
  • harvest or otherwise collect information about third parties, including email addresses, without the express consent of such third parties.
  • violate any application government laws or regulations.

You may link to the Website using the provided linking code in the Website.

In order to purchase content from the Website, you must provide a billing address within the United States.

Refund Policy

CherryTree does not provide refunds for purchases made on the Website.

Privacy Policy

You agree to the provisions of the Privacy Policy, located at http://thecherrytree.com/privacy.

Warranty Disclaimer

THE SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON IT, IS PROVIDED 'AS IS' AND WITH NO WARRANTY OF ANY KIND. CHERRYTREE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE VIEW OR OBTAIN CONTENT, SOFTWARE AND/OR OTHER MATERIAL THROUGH THE SITE 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 THE VIEWING OR DOWNLOAD OF SUCH CONTENT, SOFTWARE OR OTHER MATERIAL.

THIS SITE IS CONTROLLED AND OPERATED BY CHERRYTREE FROM ITS FACILITIES IN THE UNITED STATES. CHERRYTREE MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL CHERRYTREE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR MISUSE OF THE SITE OR ITS SERVICES.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CHERRYTREE SHALL NOT BE LIABLE FOR ANY THIRD PARTY CONTENT YOU ACCESS, DOWNLOAD AND/OR PURCHASE THROUGH THE SITE OR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL ACTIVITIES OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM FROM ANY OF THE FOREGOING LIES ENTIRELY WITH YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR WITH ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL CHERRYTREE BE LIABLE TO YOU FOR ANY AMOUNT.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnification

You agree to defend, hold harmless and indemnify CherryTree, its officers, directors, employees or agents, from and against any third party claim arising from or in any way related to your use or misuse of the site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, CherryTree will provide you with written notice of such claim, suit or action.

Governing Law; Venue

This agreement shall be construed as if jointly drafted by the parties. This agreement shall be governed by and construed and enforced in accordance with the laws of the State of California (United States of America) without regard to its rules on conflict of laws or any other rules that would result in the application of a different body of law. Any legal proceedings arising out of or relating to this agreement or its alleged breach shall be brought in the Federal District Court for the Southern District of California or, in the event that such court lacks jurisdiction, in the California state courts in San Diego County, California, to the exclusion of any other forum. The parties hereby submit to the exclusive personal jurisdiction of these courts and hereby waive any forum non conveniens, venue or other challenge to the appropriateness of such courts. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The parties also unconditionally waive their respective rights to a jury trial for any claim or cause of action arising out of or relating to, directly or indirectly, this agreement or the subject matter thereof.

Ability to Accept Terms of Service

You affirm that you are more than 18 years of age, or an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligation, affirmations, representations, and warranties set forth in these Terms of Service. You agree to abide by and comply with these Terms of Service. You affirm that you are over the age of 13.

Miscellaneous

If any provision of this agreement is held to be invalid or unenforceable, including without limitation the warranty disclaimers and liability limitations set forth above, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. CherryTree’s failure to act with respect to a breach by you or others does not waive CherryTree’s right to act with respect to subsequent or similar breaches. The failure of CherryTree to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this agreement are included for convenience only, and shall not limit or otherwise affect the terms of this agreement. Those rights and obligations which by their very nature are intended to survive termination or expiration of this agreement shall survive, including without limitation your obligation to indemnify CherryTree, CherryTree’s disclaimer of all warranties, and the limitation of liability herein. This agreement, together with the privacy policy and any other agreements between you and CherryTree concerning the site or its services, constitutes the entire agreement between CherryTree and you with respect to the site.