We are CheerNexus LLC, a company registered in California, United States, at PO Box 415, Pollock Pines, CA 95726. We operate the website cheernexus.com and the mobile application CheerNexus.
You can contact us at vicki@cheernexus.com.
These Legal Terms constitute a legally binding agreement between you and CheerNexus LLC. BY ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE LEGAL TERMS. If you do not agree, you must discontinue use immediately.
The Services are intended for users who are at least 18 years old.
Table of Contents
1. Our Services 2. Intellectual Property Rights 3. User Representations 4. User Registration 5. Purchases and Payment 6. Subscriptions 7. Prohibited Activities 8. User Generated Contributions 9. Contribution License 10. Mobile Application License 11. Services Management 12. Privacy Policy 13. Copyright Infringements 14. Term and Termination 15. Modifications and Interruptions 16. Governing Law 17. Dispute Resolution 18. Corrections 19. Disclaimer 20. Limitations of Liability 21. Indemnification 22. User Data 23. Electronic Communications 24. California Users and Residents 25. Miscellaneous 26. Contact UsThe information provided when using the Services is not intended for distribution to any person or entity where such use would be contrary to law or regulation. The Services are not tailored to comply with industry-specific regulations (HIPAA, FISMA, etc.).
We are the owner or licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, as well as the trademarks, service marks, and logos contained therein.
Our Content and Marks are protected by copyright and trademark laws in the United States and around the world. The Content and Marks are provided for your personal, non-commercial use or internal business purpose only.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use will not violate any applicable law or regulation.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine it is inappropriate or objectionable.
We accept the following forms of payment: Visa, Mastercard, American Express, and Discover.
You agree to provide current, complete, and accurate purchase and account information. All payments shall be in US dollars. We may change prices at any time. We reserve the right to refuse any order at our sole discretion.
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis until you cancel.
We offer a 14-day free trial to new users who register with the Services. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial.
You can cancel your subscription at any time by contacting us at vicki@cheernexus.com. Your cancellation will take effect at the end of the current paid term.
We may make changes to the subscription fee from time to time and will communicate any price changes to you in accordance with applicable law.
You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:
The Services may invite you to create, submit, post, or distribute content including text, audio, photographs, and other materials ("Contributions"). When you create or make available any Contributions, you represent and warrant that your Contributions do not infringe the proprietary rights of any third party, are not false or misleading, do not violate any applicable law, and do not violate the privacy rights of any third party.
By posting your Contributions to any part of the Services, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide right and license to use, copy, reproduce, distribute, publish, and exploit your Contributions for any purpose.
We do not assert ownership over your Contributions. You retain full ownership of all of your Contributions and any associated intellectual property rights.
If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless devices owned or controlled by you. You shall not: decompile or reverse engineer the App; make any modification to the App; violate any applicable laws in connection with your use; use the App to create a product competitive with or a substitute for the App; or use any of our intellectual property in the design or development of any other applications.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations; (2) take appropriate legal action against anyone who violates these Legal Terms; (3) refuse, restrict access to, or disable any of your Contributions; and (4) otherwise manage the Services to protect our rights and property and facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy at https://cheernexus.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.
We reserve the right to change, modify, or remove the contents of the Services at any time at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems that result in interruptions, delays, or errors.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.
To expedite resolution, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will take place in El Dorado, California.
No arbitration shall be joined with any other proceeding and there is no right or authority for any Dispute to be arbitrated on a class-action basis.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties; or (5) your violation of the rights of a third party.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We shall have no liability to you for any loss or corruption of any such data.
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. If any provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity of any remaining provisions.
CheerNexus LLC
PO Box 415
Pollock Pines, CA 95726
United States
vicki@cheernexus.com