Terms and Conditions

The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.

• Legal Notice
• All notices from Cranial Crush Consulting to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Cranial Crush Consulting shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 
  
  9778 E Desert Jewel Drive
  Scottsdale, AZ 85255
  Delivery shall be deemed to have been made by You to Cranial Crush Consulting five (5) days after the date sent.



• Copyright
• All content appearing on this Web site is the property of: 
  
  Cranial Crush Consulting
  9778 E Desert Jewel Drive
  Scottsdale, AZ 85255
  Copyright © 2001-2011 Cranial Crush Consulting. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2001-2011 Cranial Crush Consulting. All rights reserved.



• Trademarks
• All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Cranial Crush Consulting. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right ofCranial Crush Consulting or any third party, except as expressly granted herein.



• Use Of Site
• This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Cranial Crush Consulting and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Cranial Crush Consulting believes that customer conduct violates applicable law or is harmful to the interests of Cranial Crush Consulting and its subsidiaries.



• Privacy Policy
• Cranial Crush Consulting Privacy, Security, Your Information Cranial Crush Consulting Respects your privacy We will not give any information about you to others without your express permission. Our site uses forms in which you give us contact information (your name, address, daytime telephone number, and email address) so you can place orders, request information and support, and make product suggestions. We will then create an account number for you and if you choose to order from us using a credit card, we will collect your credit card number and expiration date. If you contact us for support, we will keep an internal record of what support was given. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new Cranial Crush Consulting services, and special offers we think you'll find valuable. If you would rather not receive this information, please see the "Updating Your Information" section below on how to change your preferences. If we present a co-branded offer with our partners or affiliates, it will be clear at the point of collection who is collecting the information and whose privacy statement applies. We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here. On rare occasions, one of our partners may require us to share your personal information with them. We will only do so with your explicit permission first. We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system. Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site. They are linked to your customer number which is associated with the information in your account. This site also contains links to other sites. Unfortunately Cranial Crush Consulting is not responsible for the privacy practices or the content of such Web sites. Security This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Updating Your Information As a customer of Cranial Crush Consulting, you may alter your customer information or opt-out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your customer information. Visit your online Account Manager You may send mail to Cranial Crush Consulting at the following postal address: 14455 North Hayden Road, Suite 219, Scottsdale, AZ. 85260 USA Sending Emails We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our "About Us" page, to allow you to contact us directly. We strive to promptly reply to your messages. The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission. Only If We Have To As stated previously in this policy, we will not share your personal information except with a third party to assist us in the processing or securing of your personal information or when we are required by law unless we have given you notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or we must comply with a legal process served on our web site. We will share your information in order to comply with ICANN's rules, regulations and policies. We may also need to give out your information if one of our partners requires it, but these situations are rare. Changes in Our Practices If we make material changes to our information handling practices or other privacy policies, we will post those changes on this privacy statement, or notify you directly via email, at least 30 days prior to their implementation. Minor changes will be immediately effective upon reposting to this privacy statement on the Cranial Crush Consulting Web site. Service Provider We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. Contest From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level – you must be 18 or above to enter). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Tell-A-Friend If a user elects to use our referral service for informing a friend about our site, we ask the user for the friend's name and email address. Cranial Crush Consulting will automatically send the friend a one-time email inviting them to visit our Web site. Cranial Crush Consulting stores this information for the sole purpose of sending this one-time email. The friend may contact Cranial Crush Consulting at to request the removal of this information from our database. What Happens to my Personal Information if I Terminate my Cranial Crush Consulting Account? When Your Cranial Crush Consulting account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status on our relevant Cranial Crush Consulting databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information if necessary in order to resolve disputes or enforce our agreements. Contacting the Web Site If you have any questions about our privacy statement, the practices of this Web site, or your dealings with this site, please contact us at:
  Cranial Crush Consulting ATTN: Web Team 14455 North Hayden Rd. Suite 219 Scottsdale, AZ, 85260, us



• Consumer Agreement
• Cranial Crush Consulting Universal Terms of Service for Cranial Crush Consulting Software and Services This Agreement ("Agreement") is by and between Cranial Crush Consulting ("Cranial Crush Consulting") a/an AZ individual and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Cranial Crush Consulting software ("Software") and services ("Services") and explains Cranial Crush Consulting's obligations to You and Your obligations to Cranial Crush Consulting in relation to the Software and Services You purchase. This Agreement as well as any additional Cranial Crush Consulting policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and Cranial Crush Consulting concerning Your use of Cranial Crush Consulting's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All Cranial Crush Consulting policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy ("UDRP"). By purchasing Cranial Crush Consulting's Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Cranial Crush Consulting may establish from time to time, and any agreements that Cranial Crush Consulting is currently bound by or will be bound by in the future. You may view the latest versions of these Agreements here. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Cranial Crush Consulting, whether or not the transactions were in Your behalf. You acknowledge that Cranial Crush Consulting 's acceptance of any application made by You for Services provided by Cranial Crush Consulting will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA. The General Terms in Section A apply to all customers of Cranial Crush Consulting. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services. A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES 1. TERM OF AGREEMENT; MODIFICATIONS. You agree that Cranial Crush Consulting may modify this Agreement and the Services from time to time. You agree to be bound by any changes Cranial Crush Consulting may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from Cranial Crush Consulting , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, Cranial Crush Consulting will not refund any amounts You have paid. You agree that Cranial Crush Consulting shall not be bound by any representations made by third parties who You may use to purchase Services from Cranial Crush Consulting , and that any statement of a general nature, which may be posted on Cranial Crush Consulting's Web site or contained in Cranial Crush Consulting's promotional materials, will not bind Cranial Crush Consulting . Cranial Crush Consulting may, at times, offer certain promotions with different charges and features. You agree that You will be responsible for notifying Cranial Crush Consulting should You desire to terminate Your use of Cranial Crush Consulting 's Services. Notification of Your intent to terminate must be provided to Cranial Crush Consulting no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. 2. ACCURATE INFORMATION. You agree to maintain accurate information by providing updates to Cranial Crush Consulting, as needed, while You are using Cranial Crush Consulting's Services. You agree You will notify Cranial Crush Consulting within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Cranial Crush Consulting to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that Cranial Crush Consulting may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Cranial Crush Consulting's Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Cranial Crush Consulting has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Cranial Crush Consulting has the absolute right, in its sole discretion, to terminate its Services and close Your account. 3. PRIVACY. You can view Cranial Crush Consulting's Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company's responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. 4. ACCOUNT SECURITY. You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Cranial Crush Consulting immediately of any unauthorized use of Your account or any other breach of security. You agree Cranial Crush Consulting will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Cranial Crush Consulting or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Cranial Crush Consulting specifically disclaims liability for any activity in Your account, whether authorized by You or not. 5. NO UNLAWFUL CONDUCT OR IMPROPER USE. As a condition of Your use of Cranial Crush Consulting's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Cranial Crush Consulting if, for any reason, Cranial Crush Consulting takes corrective action with respect to Your improper or illegal use of its Services. Cranial Crush Consulting reserves the right at all times to disclose any information as Cranial Crush Consulting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Cranial Crush Consulting's sole discretion. If You have purchased Services, Cranial Crush Consulting has no obligation to monitor Your use of the Services. Cranial Crush Consulting reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. Cranial Crush Consulting reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever. Cranial Crush Consulting reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Cranial Crush Consulting or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Cranial Crush Consulting may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels. Except as set forth below, Cranial Crush Consulting may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by Cranial Crush Consulting in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event Cranial Crush Consulting cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to Cranial Crush Consulting in connection with the Services being canceled. In the event Cranial Crush Consulting deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Cranial Crush Consulting if, for any reason, Cranial Crush Consulting takes corrective action with respect to Your improper or illegal use of its Services. 6. NO SPAM; LIQUIDATED DAMAGES. You agree Cranial Crush Consulting may immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay Cranial Crush Consulting liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay Cranial Crush Consulting's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of Cranial Crush Consulting's Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all Cranial Crush Consulting Software and Services and are incorporated herein. 7. INTELLECTUAL PROPERTY. You agree that Cranial Crush Consulting or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software. You understand and agree that all content and materials contained in this Agreement, other policies, the Cranial Crush Consulting web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Cranial Crush Consulting or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Cranial Crush Consulting or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise. 8. USE OF Cranial Crush Consulting SOFTWARE. If You have licensed software from Cranial Crush Consulting, Cranial Crush Consulting grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Cranial Crush Consulting reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Cranial Crush Consulting. The source code and its organization are the exclusive property of Cranial Crush Consulting and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Cranial Crush Consulting. Cranial Crush Consulting PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. FEES AND PAYMENT. As consideration for the Software or Services purchased by You and provided to You by Cranial Crush Consulting, You agree to pay Cranial Crush Consulting at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Cranial Crush Consulting expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check, or using Cranial Crush Consulting's prepaid service Good as Gold, ("Prepaid Services") to establish a cash reserve for charge by Cranial Crush Consulting (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below. Your Payment Method on file must be kept valid if You have any active products in Your account. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Cranial Crush Consulting will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Cranial Crush Consulting, at Cranial Crush Consulting's then current rates. If for any reason Cranial Crush Consulting is unable to charge Your Payment Method for the full amount owed Cranial Crush Consulting for the Services provided, or if Cranial Crush Consulting is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Cranial Crush Consulting may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason Cranial Crush Consulting is unable to charge Your credit card with the full amount of the Services provided, or if Cranial Crush Consulting is charged back for any fee it previously charged to the credit card You provided, You agree that Cranial Crush Consulting may pursue all available remedies in order to obtain payment. You agree that among the remedies Cranial Crush Consulting may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. Cranial Crush Consulting reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager. You agree that You are solely liable for arranging that Your Services are renewed, and that Cranial Crush Consulting shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services. While all transactions are processed in US dollars, Cranial Crush Consulting may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Cranial Crush Consulting makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process. a. Good as Gold Prepaid Services Service Details. By using Cranial Crush Consulting's Prepaid Services, You can transfer funds to Cranial Crush Consulting in advance and use the balance of Your Prepaid Services Account ("Account") as You please. You can use Your Account to purchase any of the Software or Services of Cranial Crush Consulting. As consideration for the Services purchased by You and provided to You by Cranial Crush Consulting, You agree to pay Cranial Crush Consulting in advance for the Services to be provided. Payment is to be made by You providing either a valid credit card, wire transfer, a money order, or personal check. All money orders will be delayed ten (10) days until the money is credited, which may delay Your usage of the product or Services, and any money order that does not clear will result in a $25 processing fee. Personal checks may only be used for payments of $100 or more, and may not be made for less than the amount required at purchase. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft. You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the Cranial Crush Consulting Web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, Your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount. You acknowledge that funds transferred to Your Account will be held in an account by Cranial Crush Consulting, which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that Cranial Crush Consulting shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services. You acknowledge that all transactions using Prepaid Services will be conducted in U.S. Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by Cranial Crush Consulting in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in U.S. funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or Cranial Crush Consulting's bank, which may reduce the amount of the money received by Cranial Crush Consulting's bank and subsequently funded into Your Prepaid Good as Gold Account. Customers funding a Good as Gold Account who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from Cranial Crush Consulting. You hereby expressly give Cranial Crush Consulting permission to reduce Your Account by the amount of wire transfer fees Cranial Crush Consulting incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement. Prepaid Services Accounts will receive a 2% discount on purchases (the "Cash Discount") . The Cash Discount will be reflected in Your Account balance. Thus, purchases will reduce the balance of Your Account by 98% of the total purchase price of each transaction. For example, if Your Account is funded with an initial amount of $100.00 and You make a $10.00 purchase, Your Account will be reduced by only $9.80. Cranial Crush Consulting reserves the right to discontinue or change the Cash Discount at any time, without notice. Your Use of Prepaid Services Use of funds in Your Account can only be made through the Cranial Crush Consulting purchase process at Cranial Crush Consulting's Web site. Purchases may not be made unless there are sufficient, available funds in Your Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements. Additional funds may be added to Your Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00). You will be able to access Your Account activity and records from the Manage Your Account link on Cranial Crush Consulting's Web site. Your Account will show purchases and the amount of funds remaining in Your Account. Cranial Crush Consulting reserves the right at all times to disclose any information about Your Account as Cranial Crush Consulting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from Your Account, in the sole discretion of Cranial Crush Consulting. Specific Representations and Warranties You agree that Cranial Crush Consulting makes no representations or warranties of any kind in connection with Prepaid Services. Cranial Crush Consulting expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Cranial Crush Consulting, as well as its affiliates, subsidiaries, officers, directors and employees. Cranial Crush Consulting also reserves the right to freeze an Account during resolution of a dispute. b. Payment By Check By using Cranial Crush Consulting's pay by check option ("Pay By Check"), You can purchase Cranial Crush Consulting Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by Cranial Crush Consulting, You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Certegy and Cranial Crush Consulting will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and Cranial Crush Consulting may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft. The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. By clicking the box labeled "I agree" to the terms of the Pay by Check terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of this order from Your checking account. c. Pay by PayPal By using Cranial Crush Consulting's pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase Cranial Crush Consulting Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by Cranial Crush Consulting, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and Cranial Crush Consulting will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Cranial Crush Consulting may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source. By clicking the box labeled "I agree" to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source. 10. REPRESENTATIONS AND WARRANTIES. You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. Cranial Crush Consulting expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Cranial Crush Consulting , as well as its affiliates, subsidiaries, officers, directors and employees. Cranial Crush Consulting also reserves the right to freeze a domain name during resolution of a dispute. 11. LIMITATION OF LIABILITY . IN NO EVENT SHALL Cranial Crush Consulting BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Cranial Crush Consulting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Cranial Crush Consulting's liability is limited to the full extent permitted by law. You agree that in no event shall Cranial Crush Consulting's maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from Cranial Crush Consulting . 12. DISCLAIMER OF WARRANTIES . Cranial Crush Consulting EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Cranial Crush Consulting MAKES NOT WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Cranial Crush Consulting DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THAT FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. 13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless Cranial Crush Consulting and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with Cranial Crush Consulting whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from Cranial Crush Consulting or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold Cranial Crush Consulting harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Cranial Crush Consulting be notified of a pending law suit, or receive notice of the filing of a law suit, Cranial Crush Consulting may seek a written confirmation from You concerning Your obligation to indemnify Cranial Crush Consulting. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that Cranial Crush Consulting shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Cranial Crush Consulting of any such claim promptly in writing and to allow Cranial Crush Consulting to control the proceedings. You agree to cooperate fully with Cranial Crush Consulting during such proceedings. You agree to cooperate fully with Cranial Crush Consulting during such proceedings. You agree You will not be entitled to a refund of any fees paid to Cranial Crush Consulting if, for any reason, Cranial Crush Consulting takes corrective action with respect to Your improper or illegal use of its services. You also agree that if Cranial Crush Consulting is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Yours with Cranial Crush Consulting, that Cranial Crush Consulting, in its sole discretion, may take whatever action Cranial Crush Consulting deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. 14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. This agreement shall be deemed entered into in the State of Arizona. Except for disputes concerning the user of a domain name registered with Cranial Crush Consulting , You agree that the laws and judicial decisions of Maricopa County, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Maricopa County, Arizona. For the adjudication of disputes concerning the use of any domain name registered with Cranial Crush Consulting , You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Arizona located in Phoenix, Arizona. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement. 15. NOTICES. You agree that all notices (except for notices concerning breach of this Agreement) from Cranial Crush Consulting to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Cranial Crush Consulting. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to Cranial Crush Consulting shall be made either by email, sent to the address provided on the Cranial Crush Consulting Web site, or first class mail to Cranial Crush Consulting's address at: Cranial Crush Consulting, Attn: Legal Counsel, 14455 North Hayden Rd., Suite 219, Scottsdale, AZ, 85260. 16. HEADINGS. The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control. 17. ENTIRE AGREEMENT. You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and Cranial Crush Consulting regarding the Services contemplated herein. 18. SEVERABILITY. You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 19. WAIVER. The failure of Cranial Crush Consulting to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Cranial Crush Consulting thereafter to enforce such provisions. 20. FORCE MAJEURE. Cranial Crush Consulting will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Cranial Crush Consulting liable for any of the consequences of such interruptions. 21. SURVIVAL. Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement. 22. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement. B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS If You purchase Services from Cranial Crush Consulting, the following Software and Services specific agreements, specific to the Services you purchase or use, shall apply and are incorporated within this Agreement in addition to Sections 1-21: Domain Names Change of Registrant Agreement ConsoliDate Domain Name Back Ordering and Monitoring Agreement Domain Name Proxy ® Agreement Domain Name Transfer Agreement Domain Registration Agreement Domain Transfer Validation Service Agreement E-mail Email Services User Agreement Hosted Microsoft Email End User License Agreement WebMail End User License Agreement Web Site Hosting Ad Supported Hosting Service Agreement Dedicated Hosting Agreement Web Site and Virtual Dedicated Server Service Agreement Web Site Creation Website Tonight ® End User License Agreement Design Services Business Identity Design Service Agreement Web Banner Design Service Agreement Web Site Design Service and Maintenance Agreement Web Site Design Service End User License Agreement Website Update Service Agreement Other Software and Services Calendar End User License Agreement Deluxe Business Registration and Business Registration Service Agreement Domain Ownership Protection Service Agreement Fax Thru Email End User License Agreement Good As Gold End User License Agreement Online File Folder End User License Agreement Quick Shopping Cart™ End User License Agreement Site Analytics Service Agreement Policies Civil Subpoena Policy Criminal Subpoena Policy ICANN Transfer Dispute Resolution Policy Permissions Policy Privacy Policy Spam Policy Trademark and/or Copyright Infringement Policy Uniform Domain Name Dispute Policy Revised: 2/25/2009 Copyright © 2005 - 2009 All Rights Reserved. Domains and Hosting Domain Registration Agreement Renewal Policy Transfer Agreement Domain Transfer Validation Service Agreement Change of Registrant Agreement ConsoliDate Expiration Consolidation Agreement Domain Name Back Ordering and MonitoringAgreement Hosting Service Agreement Dedicated Hosting Agreement Ad Supported Hosting Service Agreement Private Registrations > Domain Name Proxy Agreement Business Registration Domain Ownership Protection Corporate Policies Universal Terms of Service Privacy Policy Trademark and/or Copyright Infringement Policy Dispute On Transfer Away Anti-Spam Policy Civil Subpoena Policy Uniform Domain Name Dispute Policy ICANN Transfer Dispute Resolution Policy Criminal Subpoena Policy Products and Services Quick Shopping Cart End User License Agreement Site Analytics Service Agreement Online File Folder End User License Agreement Web/Email > Email Services User Agreement > WebMail End User License Agreement > Hosted Microsoft Email End User Agreement Fax Thru Email User Agreement WebSite Tonight End User License Agreement Calendar End User License Agreement Web Banner Design Service Agreement Business Identity Services Agreement Website Design Service and Maintenance Agreement Website Service End User License Agreement Website Update Service Agreement Web Banner Design Service Agreement Web Site Header Design Service Agreement



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