Terms of Service

The "service" of data collection and results analysis for the purpose of personal growth is provided by critter.co and Yellow Rubber Ball, LLC (hereinafter "Critter") to you the "user" under the following covenants:

General

These Terms of Service are construed under the laws of the United States of America and North Carolina. Both parties agree that these Terms of Service constitute the entire agreement between the parties.

Availability of Service

Planned or unplanned maintenance may occur on the site at any time. In the case of planned maintenance, we will give all our users one week's notice via their primary contact e-mail as well as post notice on our homepage. In the case of unplanned maintenance, we will post notice to our homepage within a reasonable time period as to the cause and resolution of the unplanned maintenance. We DO NOT guarantee 100% uptime.

Disclaimer of Warranty and Limitation of Liability

User agrees that use of Critter.Co is at the user's sole risk. Critter.Co DOES NOT warrant that the use of will be uninterrupted or error free, nor does Critter.Co make any warranty as to the accuracy or reliability of results obtained through use of Critter.Co.

User is solely responsible for adequate protection and backing up data. Possible causes of lost data are, without limitation, password loss, hardware failure, communication failure, and acts of God. In the case of lost password, the user should contact us if the user has irrevocably lost their password. The user assumes all responsibility for backing up their data.

Critter.Co is provided to you "for entertainment purposes only". By agreeing to this Terms of Service, you acknowledge that you understand that this is NOT a professional health care tool, and that it is not an appropriate substitute to professional help for addressing physical or mental health concerns, including (but not limited to) mood disorders, attention disorders, and addiction. If you have such a concern, please discuss your concern with a trusted professional health care provider. critter.co is not developed by or endorsed by health care or counseling professionals. Critter.Co is not responsible for ensuring any results in its users personal growth.

Use of Service and Documentation

Although we make every effort to ensure the accuracy of our service, Critter.Co's services are provided "as is". Critter.Co is provided without warranty and without any guarantee of fitness for a particular purpose. We also make no guaranties as to the quality, suitability, truth, or completeness of any of the information contained on this site, including help materials, resources, and other documentation.

Account Information

User shall provide current, complete, accurate information upon registration. User shall further update and keep such information current as needed in the "My Account" section. User is solely responsible for maintaining the confidentiality of user's password and account information. User shall immediately notify Critter.Co of any unauthorized account activity, or any unauthorized use of user's email list(s) or any other breach of security known to the user.

Restrictions on Use

You may only use Critter.Co for lawful purposes. In addition, Critter.Co users may not:

Termination of Account

If a user is found to be in violation of this Terms of Service, Critter.Co, at its sole discretion, may revoke the user's account. Notice will be given to the account's primary e-mail address. The user is responsible for providing a working and current primary e-mail address. The user has one week to appeal the account revocation. If no appeal is filed within one week Critter.Co may, at its sole discretion, delete the user's data and the user.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.

Trademarks

Critter.Co, Critter.Co, Critter.Co.com, the name Critter.Co, TimeCritter.Com, LoveCritter.Com, HealthCritter.Com, and WealthCritter.Com, as well as the Android and iOS mobile application called Critter.Co, and all page headers, custom graphics, and button icons are service marks, trademarks of Critter.Co. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.

Indemnification

You agree to defend, indemnify, and hold harmless Critter.Co and its affiliates and their respective directors, officers, employees, agents, from and against any and all damages, claims, actions, demands, suits, costs, liabilities, losses, and expenses (including reasonable attorney fees and disbursements and court costs) arising out of your use of Critter.Co or from breach of this Terms of Service agreement, or your violation of any law or the rights of a third party.

Jurisdiction

The Terms of Service and the relationship between the user and Critter.Co shall be treated as if entered into and executed in the State of North Carolina and shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. User agrees to submit to personal and exclusive jurisdiction and venue of the courts in the county of Orange, North Carolina, USA. The failure of Critter.Co to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such a right or provision. Critter.Co makes no representation that the materials and content on the Critter.Co site or related services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Critter.Co Web site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

Payment Terms

No refunds of subscription fees will be given on any memberships paid.

Privacy Policy

Protecting your privacy is of utmost importance to us. It is your responsibility to read and understand the details of our policy. By agreeing to this Terms of Service, you acknowledge that you understand and accept our Privacy Policy. Read our privacy policy here.

Changes

These terms of service are effective July 1, 2012. We may periodically update the Terms of Service. If we do so, we will post notice on our homepage and notify you be way of your primary e-mail.

Questions, Comments and Contact

If you have any questions, comments or general inquiries, we would love to hear from you! Here is how you can reach us:

4100 Five Oaks Drive, #41
Durham, NC 27707
USA
support@critter.co
@Critter on Twitter
Critter on Facebook