Terms of Use

EFFECTIVE DATE: September 25, 2014; Last updated: May 31, 2022

Hi! You are now reading the Terms of Use for Cricket Media Services, Inc. and its affiliated entities including in the case of applications listed under Section 1 below (individually and collectively, “Cricket”). The Terms of Use is a contract between you and Cricket that applies when you use Cricket’s (or its affiliated companies’) websites, domains, products, services, applications, and/or content (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. THEY ARE THE RULES AND REQUIREMENTS THAT APPLY TO THE SERVICES. DO NOT PURCHASE A SUBSCRIPTION, REGISTER FOR AN ACCOUNT (AS DEFINED BELOW), OR USE THE SERVICES IF YOU ARE NOT IN AGREEMENT WITH THESE TERMS.

If you have any questions or suggestions, feel free to email us at support@cricketmedia.com.

We’ve also included section headings drafted as complete sentences and presented in a larger font, a different color, and all capital letters to serve as a roadmap for Terms of Use. These section headings aren’t a part of the contract itself but are intended to help you understand the structure of the Terms of Use and easily find relevant sections if you ever need them.

In order to make this agreement more readable, we have tried to write it in plain English and to be relatively informal. To avoid any possibility of confusions, when you see references to “we” or “us” or “our,” all of those references are to Cricket (collectively with its agents, consultants, employees, officers, and directors); when you see a reference to “you” or “your,” we are referring to you, the User of one of our websites, products, or services.

I. THIS IS A CONTRACT.

These Terms of Use (“Terms of Use” or “Agreement”) are a binding contract between you and Cricket. The Terms of Use apply to the Services owned or operated by Cricket and Products made available by Cricket for the websites and programs including those below, which may include a link to these Terms of Use (collectively, “Sites”):

When you use or register for any of the Services and/or above Sites offered by Cricket, or you order any Products consisting of merchandise, in connection with the e-commerce section of cricketmedia.com (shop.cricketmedia.com or shop.aer.io/open_court) you become a “User” for you become a “User” for purposes of this Agreement and you agree to be bound by this Agreement and our Privacy Policy. Certain features of the Sites may be subject to additional guidelines, terms, or rules, which will be supplied, including but not limited to by posting, in connection with such features. Both these Terms and such separate guidelines, rules, terms of service, or sale documents may apply to your use of the Services or to a particular contest, service, or product offered via the Services (Additional Terms). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

YOUR USE OF CRICKET’S SITES OR SERVICES SIGNIFIES THAT YOU AGREE TO THE FOLLOWING TERMS OF USE, AS WELL AS: (1) ACCEPTABLE USE POLICY, (2) DMCA TAKEDOWN POLICY, (3) PRIVACY POLICY AND (4) MOBILE APPLICATION TERMS (APPLICABLE IF YOU ARE USING OUR MOBILE APPS NOT OTHERWISE SUBJECT TO SUCH APPS’ INDEPENDENT TERMS), EACH OF WHICH ARE INCORPORATED BY REFERENCE INTO THIS AGREEMENT.

For App.CricketABC.com, the applicable Privacy Policy is cricketmedia.com/cricketabc/privacy-policy/

Use of the Services is a privilege and not a right.

If you do not agree to all the terms and conditions of the Terms of Use, you shouldn’t access and/or use the Sites.

II. USE OF THE SERVICES:

USE OF CERTAIN SERVICES ON THE SITES BY CHILDREN REQUIRES PARENT/GUARDIAN CONSENT.

You represent and warrant that you are of legal age to form a binding contract. If you are unable to form a binding contract (this means, in most jurisdictions, if you are not yet 18 years old), you must have your parent’s or guardian’s permission to use certain of the Services, particularly with respect to Product ordering, language learning/tutoring subscriptions for Cricket’s Fluent City or NeuLingo branded online offerings (and certain apps), and your parent or guardian must provide consent to these Terms of Use on your behalf, as further described in the applicable privacy policy which Privacy Policy, policy also addresses pertaining to use by minors under the age of 13 and those over the age of 13.

We encourage parents and guardians and, as applicable, teachers to spend time online with children and to appropriately monitor their online activities. Please protect your child’s privacy by instructing them to never provide personal information on this site or any other, including food apps, or within any software registration process, without your permission.

In connection with the use of the Services or products as engaged by a teacher utilizing student information (on behalf of such teacher’s classroom at their School receiving Federal funds under programs administered by the US Department of Education) and as further described in our Privacy Policy, such School may disclose personally identifiable information from a student’s education records to a third party with either written consent of the parent/guardian or by meeting one of the exemptions set forth in FERPA (“FERPA Exemption(s)”), including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Official Exemption”) in accordance with then-current laws.

III. WE MAY CHANGE OUR PRODUCTS OR SERVICES, AND WE MAY CHANGE THESE TERMS OF USE.

The Services change frequently, and their form and functionality may change without prior notice to you. Cricket may also suspend or discontinue any of the Services, or any part of any of the Services, at any time and without notice, including, without limitation, the availability of any product, including the magazine subscriptions and related products (“Products”) available to order online, feature, database, or any Content (as defined below). Similarly, we may change these Terms of Use at any time. If we do change the Terms of Use, we will generally tell you in advance by placing a notification of the revised terms on the Sites, or in some instances, we might send you an email. In certain situations, however (for example, if a change to the Terms of Use is necessary to comply with legal requirements), we may not be able to give you advance notice. You can always review the most current version of these terms by clicking on the “Terms of Use” link located at the bottom of the Site pages. You are responsible for checking these terms periodically for changes. Changes to the Privacy Policy will be provided as set forth in the Privacy Policy, and please refer to

cricketmedia.com/cricketabc/privacy-policy/

for privacy policy updates, if any, with respect to the Cricket ABC application (App.

CricketABC.com). If you don’t like the Terms of Use (now or in the future), you are free to reject them—but, unfortunately, that means you won’t be able to use the Services. If you continue to use Services and/or Products after we post changes to the Terms of Use, you are (through your continued use) signifying your acceptance of the new terms.

IV. USERS MUST REGISTER AND PROVIDE ACCURATE INFORMATION.

To use certain of the Services/Sites, you must first sign up for an account (“Account”) and select a password and username (“User ID”). You promise that the registration information you provide will be accurate, complete, and up-to-date, and you understand that failure to do so may result in suspension of your Account. You may not select for your User ID a name that you don’t have the rights to use or another person’s name with the intent to impersonate that person. In certain situations, your User ID may be selected for you by your school or district; the same rules apply to them when they select a User ID for you. You may not transfer your Account to anyone else without our prior written permission and you are responsible for maintaining the confidentiality of your Account registrations, including in connection with your establishing, at your option, an account for Product purchases a shop.cricketmedia.com or shop.aer.io/open_court.

If you’re agreeing to these Terms of Use on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms of Use on behalf of your district, library, corporation, or school), you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use.

For certain Services/Sites, including those with an associated Account, users may be charged a fee, such as an Account or subscription fee. Please see individual Sites, as set forth above in Section I, for particulars with respect to payment of fees, if any. Any payment terms presented to you in the process of using or signing up for such paid Services are deemed part of your agreement with the provider.

Billing of Fees. Cricket uses third-party payment processor(s) (the “Payment Processor”) to bill you through a payment account linked to your Services (your “Billing Account”) for use of the paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these terms. We are not responsible for error by the Payment Processor. By choosing to use paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.

Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ONLINE AT THE SITE THROUGH WHICH THE RELEVANT PAYMENT INFORMATION IS MANAGED. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.

V. YOUR USE MUST BE PERSONAL AND NONCOMMERCIAL AND COMPLY WITH OUR ACCEPTABLE USE POLICY:

You promise to only use the Services/Sites for your personal, noncommercial, educational use (for example, Teachers may use Content from the Services/Sites for educating their students, and other Users’ use is limited to personal use); not for purposes of solicitation; and only in a manner that complies with all laws that apply to you. If your use of the Services/Sites is prohibited by applicable laws, then you aren’t authorized to use the Services/Sites. We can’t and won’t be responsible for your use of the Services/Sites in a way that breaks the law. You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Cricket immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.

Any violation of the Terms of Use by anyone using the Services/Sites under your Account (or otherwise under your authority or permission) may be deemed a violation by you, irrespective of whether the violation is with or without your consent.

As already mentioned, your use of the Services is subject to our Acceptable Use Policy, which outlines what you can and can’t do with and on the Services/Sites. You should therefore read the Acceptable Use Policy carefully. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services/Sites. The Acceptable Use Policy can’t cover every possible eventuality. It is, accordingly, your responsibility to exercise good judgment and be a good digital citizen at all times.

VI. CERTAIN CONTENT AND ACTIVITIES ARE PROHIBITED:

“Content” refers to all information, data, text, software, music, sound, photographs, graphics, illustrations, animations, video, messages, tags, logos, written posts, replies and comments, or other materials or forms of creative expression—whether publicly posted or privately transmitted—provided by us and our licensors and displayed on the Sites. As contextually appropriate, the term “Content” also includes tools, software, scripts, and executable files.

Users of the Services/Sites may be subject to international, federal, state, and local laws, territory or country-specific laws, including but not limited to laws regulating the privacy and security of personal information (collectively, “Laws”). As a User, you are solely responsible for complying with all applicable Laws in your use of the Services/Sites. In addition, with respect to your use of the Services, you agree that you comply with the Acceptable Use Policy.

Except as otherwise required by applicable law, Cricket takes no responsibility for, and makes no representations or warranties concerning the privacy, confidentiality, or security or the accuracy of, any information entered by, disclosed by, or transmitted to third parties through the Services/Sites by Users.

VII. THERE ARE RULES GOVERNING USE OF CONTENT

Attributions:

All copyright and other intellectual property rights in the Content on the Services/Sites are owned by Cricket or its licensors, unless otherwise indicated. All Content on the Services is protected by copyright, trademark, patent, trade secret, and other laws. Cricket owns and retains all rights in such Content. Cricket grants you a limited, revocable, non-sublicensable license to view or download a single copy of our Content (excluding any software code) solely for your personal, noncommercial use in connection with the particular Services/Sites and/or Product if you include this copyright notice: “Copyright Cricket Media, Inc. All Rights Reserved” (or similar depending upon the individual piece of Content), as well as any and all other copyright and proprietary rights notices contained in the material. Otherwise, none of our Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed (unless otherwise separately licensed to you by Cricket and in accordance with such terms of license or in connection with an agreement with Cricket permitting your distribution).

Ownership of Copyrights, Trademarks, Patents and Trade Secrets:

Our Content is protected under US and foreign copyright, trademark, patent, and/or trade secret laws, with title to such Content held by Cricket Media Services, Inc., its affiliates, and/or its licensors. The look and feel of our color combinations, button shapes, and other graphical elements on the Sites are our trademarks. The names of and logos associated with our Services/Sites are owned by Cricket Media Services, Inc. (or an affiliate of Cricket) and are protected by US and foreign trademark laws.

The Services also contain content owned by other copyright and trademark holders. Except for content created solely by you (“User Content”), you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content that appears on, or is accessible through, the Services.

You shall be solely responsible for any User Content, including photographs contained therein, that you submit, and the consequences of posting or publishing such User Content. With respect to any User Content you submit, you affirm, represent, and warrant to the following in addition to or as may be applicable where there are official rules or other guidelines, for example in the instance of Cricket’s contents, challenges, or certain Services including CricketTogether and/or TryEngineering Together:

i. you own or have the necessary licenses, rights, consents, or permissions to use and authorize Cricket to use all patent, copyright, trade secret, and trademark rights or other proprietary rights to enable inclusion and use of such User Content in the manner contemplated by the Site (or such other of the Services as you may be using) and these Terms of Use; and

ii. you have the written consent, release, and/or permission of each identifiable individual person identified in such User Content to use the name, likeness, or other personal characteristics of each such identifiable individual.

Any unauthorized use of Content, modification or copying of our Content, or Content that constitutes the intellectual property of others, is a breach of this Agreement. The use of any such Content on any other non-Cricket website or intranet is expressly prohibited.

We do not claim ownership of any User Content you post; however, by posting or transmitting such User Content, you grant us, our affiliates, our successors, and others with whom we have agreements, a nonexclusive, perpetual, transferable, royalty-free, sublicensable, worldwide license and right to use, copy, host, store, cache, display (publicly and otherwise), perform, modify, distribute, adapt (including without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), aggregate, transmit, translate, reformat, create compilations and collective works, prepare derivative works based upon, display publicly, perform publicly, and otherwise exploit (including but not limited to over the Internet or any other uses or media). If you provide Cricket any feedback, ratings, or suggestions regarding the Sites (“Feedback”), you assign to Cricket all rights in the Feedback and agree that Cricket shall have the right to use such Feedback and related information in any manner it deems appropriate. Cricket will treat any Feedback you provide to Cricket as nonconfidential and nonproprietary. If you are an Adult, you consent to the publication of any testimonials you send to Cricket along with your name and other information you submit in connection with such testimonial.

Note, also, that this license to your User Content continues even if you stop using the Services/Sites, primarily because of the social nature of content shared through certain of the Services/Sites—when you post something publicly, others may choose to comment on it, making your User Content part of a social conversation that cannot later be erased without retroactively censoring the speech of others.

Any and all intellectual property rights that are not expressly granted hereunder are reserved to Cricket and its licensors.

Intellectual Property on Other Web Sites:

We respect the intellectual property of others, and we ask (and expect) our Users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. Cricket has no responsibility for content on other websites. When you are on websites other than our Sites, the terms of use of those websites, and not this Agreement, govern your use of the material you find there.

Cricket retains the right, in its sole discretion, to disable and/or terminate the Accounts of Users who infringe (or, in Cricket’s discretion, who repeatedly infringe) Cricket’s or others’ copyrights or other intellectual property rights.

VIII. WE HAVE A PRIVACY POLICY AND IT IS PART OF THIS AGREEMENT.

Your privacy is important to us.

Other than with respect to Cricket ABC’s app (which is governed by cricketmedia.com/cricketabc/privacy-policy/), our use of your information and your use of the Sites, Services, and Products is governed by our Privacy Policy, which Privacy Policy and the Cricket ABC privacy policy are expressly incorporated in these Terms of Use.

To review our Privacy Policy, click here. To view Cricket ABC’s privacy policy, click here.

IX. PERSONAL INFORMATION, USER CONTENT, AND CONFIDENTIALITY

Except as may be set forth in our Privacy Policy or that associated with Cricket ABC, and/or a separate agreement with us, the following terms apply: Cricket is not responsible for the confidentiality of any information communicated to Cricket, and such information will be considered nonpersonal, nonconfidential, and nonproprietary. You agree that Cricket may use anything you post or submit, including any Feedback, information, ideas, concepts, or inventions, for any purpose without limitation and without the need to compensate you. You agree not to take action against Cricket, its owner, affiliates, or any of its officers, directors, employees, or managers in relation to User Content when visiting our Sites or using the Services.

Cricket offers educational or literacy programs, including but not limited to CricketTogether, which helps kids become better readers and thinkers in part through online correspondence with adult mentors. If you register or are registered for any of those programs, you may be exposed to private and/or Confidential Information—such as the thoughts and writings between students and eMentors. You agree that you shall not—during the course of your participation in any Cricket Program or at any time thereafter—use, disclose, or otherwise make available to any third party any Confidential Information, except as permitted below. For purposes of this Agreement, “Confidential Information” means: (i) all personal information of another participant in a Cricket Program (including, but not limited to, students, teachers, and eMentors) and the contents of communications between Users to which you were not a party; and (ii) any and all oral, written, electronic, and/or tangible technical, financial, business, and/or other information disclosed to you by Cricket, a licensee of Cricket (or a person under the direction of one of the foregoing), or learned by you from participating in the Program, that is confidential, proprietary, and/or not generally available outside of our company.

You may only disclose Confidential Information in the following circumstances: (1) when required by a judicial order or decree or governmental law or regulation, but only after you have notified us reasonably in advance of such disclosure so that Cricket can assert its interests; or (2) the information becomes generally available publicly without restriction and without breach of confidentiality obligations owed to Cricket. For further specifics with respect to privacy, particularly personal identifying information, please consult the applicable Privacy Policy.

X. THERE ARE RULES REGARDING WHEN AND HOW YOU MAY LINK TO SITES.

You may include a link to a Site on another website so long as the link does not portray Cricket in a false or misleading manner and does not appear on a website that is offensive, obscene, or otherwise objectionable.

XI. WE ARE NOT RESPONSIBLE FOR CONTENT ON THIRD-PARTY WEBSITES OR DEALINGS YOU MAY HAVE WITH ADVERTISERS.

Our Sites may include links to third-party websites. We do not publish or control those sites. It is possible that some of these sites may, from time to time, contain materials that are objectionable, unlawful, or inaccurate. Cricket does not endorse, and is not responsible or liable, for any content, advertising, products, services, or other materials on or available from such sites. You acknowledge and agree that we are not responsible for any content or other materials, or the privacy policies and practices of third-party websites. By using the Services/Sites or ordering Products, you expressly waive any rights, claims, or liability against Cricket from your use of any third-party website.

Similarly, any dealings that you have with any third-party advertisers found on or through certain of the Services are between you and the advertiser, and you acknowledge and agree that we are not liable for any loss or claim you may have against such advertiser.

XII. IF YOU VIOLATE THE TERMS OF USE, YOU MAY LOSE CERTAIN RIGHTS AND YOU MAY BE VIOLATING THE LAW.

You will automatically lose the right to use or access the Services if you violate these Terms of Use or any published Cricket policies, including those specific terms applicable to program offerings, including but not limited to CricketTogether. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Services/Sites and/or any Account you may have established at shop.cricketmedia.com (or shop.aer.io/open_court), for any reason, with or without notice. If we do so, you must immediately destroy any copies you have of our Content.

If you violate any of these Terms of Use, you are violating your Agreement with Cricket (or its affiliates) and may be violating intellectual property, unfair competition, and other laws. All provisions of these Terms of Use, which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

XIII. THIS AGREEMENT ALSO CONTAINS WARRANTY DISCLAIMER, RELEASE OF LIABILITY, LIMITATION OF LIABILITY, INDEMNIFICATION, CHOICE OF LAW, DISPUTE RESOLUTION, SEVERABILITY, AND INTEGRATION CLAUSES.

The following provisions further explain your rights and ours. Among other things, these provisions specify what rules and procedures would apply (and help determine the outcome) in the event that there were some dispute between you and Cricket:

WARRANTY DISCLAIMER
USE OF THE SERVICES/SITES (INCLUDING PARTICULAR PROGRAMS) IS AT YOUR OWN RISK. THEREFORE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SERVICES/SITES (AND, OF COURSE, ALL CONTENT THEREIN) AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. CRICKET ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS, OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF THE SERVICES OR ORDERING PRODUCTS. CRICKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.EXCEPT ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, CRICKET MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL: (A) BE TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) BE FREE FROM ERRORS OR THAT DEFECTS WILL BE CORRECTED; OR (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
RELEASE FROM LIABILITY
You release Cricket and all of its (and its parent’s) directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, partners, distributors, affiliates, and licensors from any and all liability related to: (i) disputes with other Users; (ii) third-party sites and services; and (iii) to the extent permitted by applicable law, claims related to the unauthorized access to any data communications or content stored under or relating to your Account(s), including unauthorized use or alteration of such communications or such content or your User Content. If you are a California (US) resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL CRICKET OR ANY OF ITS (AND PARENT’S OR AFFILIATES) DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PARTNERS, DISTRIBUTORS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OR ATTEMPTED USE OF THE SERVICES/SITES OR PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITES. BECAUSE SOME US STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED (IN THOSE JURISDICTIONS) TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless us, our parent, and other affiliated companies, and our respective employees, contractors, officers, directors, and agents, from all third-party liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Sites; your violation of this Agreement; or your violation of applicable laws or regulations. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in such defense and any settlement.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Commonwealth of Virginia (US) govern this contract, and any claim or dispute that you may have against us, without regard to its conflict of laws, rules; and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a federal or state court located in the Commonwealth of Virginia (US), and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA (US) OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA (US) FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
DISPUTE RESOLUTION
Any disputes and/or claims that you assert (or that are asserted on your behalf) under this Agreement and/or related to the use of the Services/Sites shall be resolved exclusively through the use of binding arbitration (unless in limited circumstances a government entity is the User of Cricket’s Services and arbitration is impermissible under local law). Such arbitration shall be subject to the Federal Arbitration Act and the rules of the American Arbitration Association, which shall govern such arbitration and be conducted before a single arbitrator in Fairfax County, Virginia. Any claimants shall have their claims/disputes resolved on an individual basis. Class action arbitration (or any type of class action) is prohibited under this Agreement. Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other users or arbitrate any claims as a member of a class or in a private Attorney General capacity. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding and may be enforced in any court having competent jurisdiction. In addition to any other remedies, we shall also have the right to seek injunctive relief outside of arbitration to protect our intellectual property rights.
SEVERABILITY AND INTEGRATION
This Agreement (including the applicable Privacy Policy) and any supplemental terms, policies, rules, and guidelines posted by Cricket constitute the entire agreement between you and us and supersede all previous written or oral agreements on this subject matter. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Cricket may change the Terms of Use of the Sites at any time and for any reason, without notice or obligation. You acknowledge and agree to be bound by any revisions. Therefore, we recommend that you periodically review this page to ensure your understanding of the terms and conditions of your use.
ASSIGNMENT
Cricket may assign its rights under this Agreement without condition. You may not. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

XIV. THANK YOU FOR USING OUR SITES.

This section does not have any legal or contractual significance as part of our Agreement, but we do want to thank you for using our Sites. If you have any questions or concerns, please email support@cricketmedia.com or send a letter to:

Cricket Media, Inc.,
Attn: Customer Support,
1751 Pinnacle Drive, Suite 600
McLean, VA 22102