Terms of Sale
Introduction
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
These terms and conditions of sale (these "Terms of Sale" or as used herein, “Terms”) apply to the purchase and sale of products and services, including a membership, through cpareviewforfree.com (the "Website"). The Website is owned by ACRN Digital, LLC (referred to as "us", "we", or "our" as the context may require). These Terms of Sale are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products or services through this Website.
You agree that by submitting payment information, you are making an offer to buy products and services through the Website (at the conclusion of any free trial period), including an ongoing cpareviewforfree.com membership, and that offer is subject to these Terms of Sale. All orders must be accepted by us. We are not obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Changes to Terms of Sale
We may change these Terms of Sale at any time. You can review the most recent version of the Terms of Sale by Clicking the Website’s “Terms of Sale” link. You are responsible for checking the Terms of Sale periodically for any changes. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Website. By continuing to use the Website after the “Last Updated Date”, you are signifying your acceptance of the new Terms of Sale. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. In the event of you choose to reject any changes to the Terms of Sale, you must cancel your membership (pursuant to the procedure described below) and the most recent version of the Terms of Sale in effect 31 days before your cancellation will be effective.
Membership
Ongoing Membership
You must have Internet access and provide us with a current, valid, accepted method of payment, as such may be updated from time to time ("Payment Method") to use the cpareviewforfree.com membership. By submitting your Payment Method, your cpareviewforfree.com membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. We will bill the monthly membership fee to your Payment Method each month. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
Recurring Billing
By starting your cpareviewforfree.com membership and providing your Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the cpareviewforfree.com service, such as taxes or transaction fees (as stated, if any), to your Payment Method.
Price Changes
We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Sale, any price changes to your service will take effect following notice to you. Price changes will take effect at the start billing month after notice of the price change is provided. You accept the new price by continuing to use your cpareviewforfree.com membership after notice of the price change.
Billing Cycle
The membership fee for our service will be billed after the conclusion of any free trial (the “Paid Membership Date) and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the monthly anniversary of your Paid Membership Date (the “Monthly Anniversary Date”). Membership fees are fully earned upon payment. There are no refunds or credits for partial month memberships. We reserve the right to change the timing of our billing if your Payment Method has not successfully settled. If your Paid Membership Date paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your cpareviewforfree.com membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods
You may edit your Payment Method information by visiting our website and clicking on the "Subscription" link, available at the top of the pages of the cpareviewforfree.com website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Cancellation
You may cancel your cpareviewforfree.com membership at any time, and you will continue to have access to the cpareviewforfree.com service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, go to the "Subscription" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, visit the "Subscription" page.
Limitation of Warranties
These Terms of Sale are subject to the LIMITATION OF WARRANTIES stated in our Terms of Use.
Limitation of Liability
OUR SOLE AND ENTIRE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall (i) only apply to the extent permitted by law and (ii) shall not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
Goods Not for Resale or Export
You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction
These Terms of Sale are subject to the Governing Law and Jurisdiction stated in our Terms of Use.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent.
No Waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of ACRN Digital, LLC.
No Third-Party Beneficiaries
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person other than you.
Severability
If any provision of these Terms of Sale are invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
Entire Agreement
These Terms of Sale, our Website Terms of Use and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.