Carrot’s Technology, LLC Terms of Service Agreement
Carrot’s Technology, LLC, a Texas limited liability company (“Carrot’s”, “us”, “our”, and “we”), offers products, services, a website, an online platform and publications, including the getcues.com, the Carrots.us and the carrotstech.com (the “Carrot’s Website”), and any other features, content, promotions, incentive programs, contests, or applications offered from time to time by Carrot’s in connection with the Carrot’s Website (collectively, the “Carrot’s Services”).
These Terms of Service (“Agreement”) sets forth the legally binding terms for your use of the Carrot’s Services. By using the Carrot’s Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Carrot’s Website) or you are a “Member” (which means that you have registered with Carrot’s or are a customer of Carrot’s). The term “User” and/or “You” refers to a Visitor, Member or User. You are only authorized to use the Carrot’s Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Carrot’s Website and discontinue use of the Carrot’s Services immediately. This Agreement includes Carrot’s policy for acceptable use of the Carrot’s Services and Content posted on the Carrot’s Website, your rights, obligations and restrictions regarding your use of the Carrot’s Services. Carrot’s may modify this Agreement from time to time and such modification shall be effective upon posting by Carrot’s on the Carrot’s Website. You agree be bound to any changes to this Agreement when you use the Carrot’s Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes. Carrot’s reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Carrot’s Services at any time, for any or no reason, with or without prior notice, and without liability.

 

Proprietary Rights in Content on Carrot’s
The Carrot’s Services contain Content of Carrot’s (“Carrot’s Content”). Carrot’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Carrot’s owns and retains all rights in the Carrot’s Content and the Carrot’s Services. The Carrot’s Services contain Content of Users and other Carrot’s Members. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, prepare compilations, make derivative works, transfer, or sell any content appearing on or through the Carrot’s Services.

 

Content Posted
Carrot’s may delete any communication or content that, in the sole judgment of Carrot’s, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person. Carrot’s assumes no responsibility for monitoring the Carrot’s Services for inappropriate communication, content or conduct. If at any time Carrot’s chooses, in its sole discretion, to monitor the Carrot’s Services, Carrot’s nonetheless assumes no responsibility for any communication or Content. Carrot’s has no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content. Private correspondence or Content is not necessarily reviewed by Carrot’s prior to posting and does not necessarily reflect the opinions or policies of Carrot’s. Carrot’s makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

 

Content/Activity Prohibited
The following is a partial list of the kind of Content that is prohibited to post on or through the Carrot’s Services. Carrot’s reserves the right to investigate and take appropriate legal action against anyone who, in Carrot’s sole discretion, violates this provision, including without limitation, removing the offending communication from the Carrot’s Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Carrot’s:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;/li>
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
15. destructive criticism about other learners or any service in Carrot’s, or encouraging other users to such acts.
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Carrot’s Services. You may not transmit any chain letters or junk e-mail to other Members.
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the Carrot’s Services or the networks or services connected to the Carrot’s Services. This includes marking any mail from Carrot’s as spam. You may unsubscribe from Carrot’s emails at any time, for any reason, by following the instructions on the Member’s Account Settings page;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

 

Copyright Policy
Carrot’s owns all rights, title, interest and ownership to all worldwide Intellectual Property Rights (as defined below) in the Carrot’s Content independent of the medium. “Intellectual Property Rights” shall mean ideas, concepts, methodology, taxonomy, improvements, trade secrets, know-how, show-how, improvements, compilations, collective works, trademarks, sui generis database rights, moral rights, original works of authorship, copyrights, derivatives, renewal rights; including work based upon one or more preexisting works, such revisions, enhancements, modifications or translations, abridgement, condensation, expansion or any other form that a work may be recast, transformed, or adapted; and proprietary rights whether registered or unregistered. Carrot’s Content is also protected by U.S. and International Copyright Law. Carrot’s ownership of the Carrot’s Content includes all modifications, enhancements and derivatives thereof and all intellectual property rights therein. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Carrot’s without obtaining the prior written consent of Carrot’s.

 

Privacy
Use of the Carrot’s Services is also governed by Carrot’s Privacy Policy, which is incorporated into this Agreement by this reference (https://www.getcues.com/privacy).

 

Disclaimers
Carrot’s is not responsible for any incorrect or inaccurate information posted on the Carrot’s Website or in connection with the Carrot’s Services, whether caused by Users of the Carrot’s Services or by any of the equipment or programming associated with or utilized in the Carrot’s Services. Carrot’s does not guarantee the efficacy of its books, learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. Carrot’s takes no responsibility for third party advertisements which are posted on this Carrot’s Website or through the Carrot’s Services, nor does it take any responsibility for the goods or services provided by its advertisers. Carrot’s is not responsible for the conduct, whether online or offline, of any User of the Carrot’s Services. Carrot’s assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Carrot’s is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the Carrot’s Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Carrot’s Services. Under no circumstances shall Carrot’s be responsible for any loss or damage, including personal injury or death, resulting from use of the Carrot’s Services, attendance at a Carrot’s event, from any information posted on or through the Carrot’s Services, or from the conduct of any Users of the Carrot’s Services, whether online or offline. The Carrot’s Services are provided “AS-IS” and as available and Carrot’s expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Carrot’s cannot guarantee and does not promise any specific results from use of the Carrot’s Services. Carrot’s cannot guarantee any future performance or results that you may or may not achieve because of the infinite number of variables in the world that are outside the control of Carrot’s or You, any User, Visitor or Member.

 

Limitation on Liability
IN NO EVENT SHALL CARROT’S BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF CARROT’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CARROT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CARROT’S FOR THE CARROT’S SERVICES FOR A PERIOD OF SIX (6) MONTHS PRIOR TO ANY CLAIMED, ACTUAL OR ALLEGED INCIDENT.

 

Disputes
If there is any dispute about or involving the Carrot’s Services, you agree that the dispute shall be governed by the laws of the State of Texas, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the State of Texas. Either Carrot’s or you may demand that any dispute between Carrot’s and you about or involving the Carrot’s Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Dallas, Texas, provided that the foregoing shall not prevent Carrot’s from seeking injunctive relief in a court of competent jurisdiction.

 

Indemnity
You agree to indemnify and hold Carrot’s, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Carrot’s Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information that you post on the Carrot’s Website or through the Carrot’s Services causes Carrot’s to be liable to another.

 

Third-Party Links, Other Users and Gift Cards
Third-Party Links
The Carrot’s Website and/or Carrot’s Services may contain links to third-party websites and/or products or services, and/or utilize third-party websites and/or products or services for credit card processing and redemptions, gift cards, SMS notifications, and the like (collectively, “Third-Party Links”). Such Third-Party Links are not under the control of Carrot’s, and Carrot’s is not responsible for any Third-Party Links. Carrot’s provides access to these Third-Party Links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. You use all Third-Party Links at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links.

 

Other Users
Any interactions with other Carrot’s Website and/or Carrot’s Services users are solely between you and such users. You agree that Carrot’s will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Carrot’s Website and/or Carrot’s Services user, Carrot’s is not required to become involved.

 

Release
You hereby release and forever discharge Carrot’s (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Carrot’s Website and/or Carrot’s Services (including any interactions with, or act or omission of, other Carrot’s Website and/or Carrot’s Services users or any Third-Party Links). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

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Payments

In order to use the payment functionality of CUES application, you must open a "Dwolla Account" provided by Dwolla, Inc. and you must accept the Dwolla Terms of Service and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held or transferred by Dwolla's financial institution partners. You must be at least 18 years old to create a Dwolla Account. You authorize us to collect and share with Dwolla your personal information including full name, date of birth, social security number, physical address, email address and financial information, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla Account through our application, and Dwolla account notifications will be sent by us, not Dwolla. We will provide customer support for your Dwolla Account activity, and can be reached at www.getcues.com, team@getcues.com and/or (817) 859-7396.

 

Other
This Agreement constitutes the entire agreement between you and Carrot’s regarding the use of the Carrot’s Services in addition to the Carrot’s Privacy Policy. The failure of Carrot’s to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law.