Welcome to Mr Crashcart

TERMS OF SERVCE
(Effective May 18, 2016)
Welcome to Mr. Crashcart!  It's important to understand the terms and conditions for any site or app you access, and we're glad you've decided to review ours.   
There's a lot of ground to cover, AND we'll do our best to make it as clear and concise as possible.  Please let us know if you have any questions – it's important that you understand what's required to access and use our Services.
By accessing any of our Services, you fully acknowledge and unconditionally agree to all of the following terms and conditions.  Please read the following very carefully.

• Definitions.  There are a few words and phrases that you'll see repeatedly throughout our Terms of Service, including in the preceding introduction.  Here's an explanation of those terms: 
• Mr. Crashcart LLC (also "Mr. Crashcart", "we", "us", "Company" and "our") is a New Jersey limited liability company. 
• For the purposes of these Terms of Service, Mr. Crashcart's "Affiliates" include our executives, employees, officers, contactors, consultants, attorneys, advisers, investors, board members, directors, partners, joint ventures, parents, subsidiaries, successors, assigns, and any controlling and/or acquiring individual and/or entity and his/her/its affiliates. 
• "You" (also "your" and "user") refers to you, the individual, as well as any entity or other individual on whose behalf you're acting.
• "Services" refer to any and all of Mr. Crashcart's, websites, emails, text and SMS messages, promotions, advertisements, and any and all services pertaining to the sale, shipment, and supply of "Products", as subsequently defined; this includes, without limitation all services relating to the sale of emergency medications and supplies on subscription and/or recurrent basis.
• "Products" refer to any and all items sold by Mr. Crashcart and/or our Affiliates, including without limitation all emergency mediations and supplies sold on a subscription and/or recurrent basis.

• Who Can Use our Services? 

 

• Eligibility.  In order to make use of our Services – including without limitation purchasing Product(s) from Mr. Crashcart and/or our Affiliates –you must be: twenty-one (21) years of age or older; of sound mind and body to agree to these Terms of Service; and in possession of the full rights and/or authorization to (a) agree to these Terms of Service, (b) agree to any purchase made by you, whether for your own benefit or the benefit of a  third party, (c) authorize the use of your User Content, and (d) submit any personal, financial, or other sensitive information provided in connection with Services, whether for your own benefit or the benefit of a third party.    

• Non-Eligibility.  We reserve the right to terminate your right to access and use our Services – and cancel any purchase hereunder – for any violation of these Terms of Service.  Furthermore, you may not use our Services if you are:
• currently restricted or prohibited from using our Services;
• a past, present, or imminent competitor of Mr. Crashcart and/or closely connected to one or more of our past, present, or imminent competitors;
• engaged in  business which distributes and/or wholesales emergency medications and/or supplies;
• acting on behalf of another person or entity without that person or entity's permission;
• under a legal obligation that restricts or precludes use of our Services; and/or
• otherwise or unwilling to fully agree to and follow these Terms of Service.

 

• No Guarantees re: Eligibility.  While we make every effort to limit our customers to eligible medical care facilities, providers, and organization, we make no warranty or representation that every user satisfies our eligibility criteria; there may be ineligible individuals who still gain access to and/or use our Services.
• Immediate Termination.  You need to immediately close your browser window and cease from all further use of our Services if you are or become ineligible to use these Services.  You further agree to email legal@mrcrashcart.com with the subject "End Use" with details about your reason for ceasing all further use.
• Basic Standards of User Conduct

• Improper Use.   You hereby agree that your use of our Services (including, but not limited to, your acts and/or omissions in connection with the purchase of Product(s), as well as your User Content)  shall not directly or indirectly constitute, involve, reflect, attempt, aid, support, incite, encourage, advise, bring about, and/or facilitate any of the following: 
• a violation of a law, rule, regulation, or other official requirement, at any level, be it local, municipal, state, federal, and/or international;
• infringement of the personal and/or property rights of Mr. Crashcart and/or any third party (including but not limited to infringement of intellectual property rights, moral rights, privacy rights, rights to publicity, and rights concerning privileged, proprietary, and/or confidential information);
• using the image, likeness, or identity or any person under the age of eighteen (18);
• a breach of an agreement, legal obligation, or responsibility;
• discovery of another user or customer's information beyond that which is legitimately intended to be made publicly available;
• an implication or indication of involvement with or endorsement by Mr. Crashcart when Mr. Crashcart has not granted its express written permission to make such an implication or indication;
• a violation of a rule, regulation, and/or standard of conduct;
• interference with an existing business relationship and/or contract;
• an unlawful, unfair, and/or deceptive business policy, practice, or scheme;
• support for or advancement of a potential or actual Mr. Crashcart competitor;
• threats, harassment, intimidation, abusive conduct, and/or  bullying;
• extortion, fraud, and/or identity theft;
• the improper receipt, viewing, and/or disclosure of privileged, private, confidential, and/or proprietary information;
• obscenity, nudity (full or partial), vulgarity, and/or pornography;
• impersonation, misrepresentation, and/or another reckless or knowing provision of false, incomplete, inaccurate, or outdated information (whether by text, image, photo, audio, video, or otherwise);
• libel, slander, defamation, or other attack on character or reputation;
• hate speech, prejudice, or unlawful discrimination; and/or
• any other violation of these Terms of Service;

 

• Everyone Should Feel Welcome.  You agree that you shall not attempt to or actually interfere with another user or customer's legitimate, good-faith use and/or enjoyment of our Products and Services.   

• Don't Advance Malicious Conduct and/or Content.  We make a concerted effort to protect ourselves and our community from malicious conduct and content.  Accordingly, you shall not use our Services, attempt to use our Services, or seek to emulate Mr. Crashcart to engage in spamming, phishing, harvesting, unauthorized advertising (including but not limited to bulk emailing, pyramid schemes, commission-based opportunities, contests, offers), social engineering, or the circulation of viruses or other malicious programs and/or code, including without limitation Trojan horses, spyware, worms, Easter eggs, time bombs, and any other harmful and/or invasive files, programs, or code.

                                                                        

• Respect the Integrity of Our Tech.
• Proper Working Order.  You agree that you shall not attempt to disrupt or actually disrupt, manipulate, or otherwise interfere with the proper working order of any servers, networks, systems, and other technologies belonging to Mr. Crashcart, our Affiliates, and/or any of our third party providers.  Under no circumstances shall you attempt to or actually alter or modify any aspect of our Services or the services of our Affiliates and/or third party providers, including but not limited to our websites, our "Cart Smart" technology," and all other technologies used in furtherance of our subscription-based services and/or the sale of Products.
• Public Interface Only.  You shall utilize only those interfaces publicly provided by Mr. Crashcart, its Affiliates, and its third party providers when interacting with our Services.  You shall only access that which Mr. Crashcart, its Affiliates, and its third providers deliberately make publicly available, within the bound of reasonably intended use.  You shall not attempt to or actually access any non-public information, data, code, and other material belonging to Mr. Crashcart, it Affiliates, and/or its third party providers – through hacking, password mining, identity theft, and/or another breach of authentication and/or security.   Likewise, you are not allowed to test or probe the security/vulnerability of our Services, networks, servers, and other technologies.
• Excessive Load. Your use of our Services shall not impose any excessive load or unreasonable demand – per our determination – on the infrastructure, systems, servers, or other technology and operations of Mr. Crashcart, its Affiliates, and/or its third party providers.
• Reverse Engineering.  You shall not attempt to or actually reverse engineer, decompile, duplicate, mimic, render generically, or otherwise derive the code underlying any aspect, feature, function, or detail concerning or relating to our Services or Products.  This clause includes but is not limited to the reverse engineering, duplication, mimicking, and/or rebranding of technologies relating to Mr. Crashcart's subscription based services and/or our CartSmart technology

• Mr. Crashcart's Data, Information, IP, Materials, Code & Content.  You agree that you are strictly forbidden from the following with respect to our data, information, intellectual property, materials, code, and content: 
• displaying, publishing, transmitting, licensing, sublicensing, distributing, exhibiting, and/or making commercial use of these items beyond our prior express written consent;
• downloading, extraction, copying, indexing, and/or collection of these items (including, without limitation, use of a robot, spider, data miner, crawler, scraper or similar tool);
• duplication, rebranding, and/or derivate usage of these items;
• deleting or modifying the substance and/or appearance of these items;
• displaying these items out of context,  obscuring them, including them alongside objectionable content, or otherwise failing to present them as fully intended; and
• other manual and/or automated means of improper access or retrieval.

 

• Limit: One Account per Business.  You are allowed to create a single account per entity in which you are authorized to transact business with Mr. Crashcart.

• You Are Responsible for Your Account, Sensitive Information & User Content.   Your account, login, password, personal information, and financially-sensitive information are your responsibility.  You and you alone are accountable for all actions and omissions arising out of and/or relating to your account, and/or use of our Services, including without limitation all purchases made and/or information changed under your account and/or with your information – whether or not authorized.  Neither Mr. Crashcart nor its Affiliates shall be responsible for any claims, obligations, liabilities, costs, debts, expenses, losses, damages, charges, fees, or arising out of or relating to your account and/or use of our Services (including without limitation your purchase of a Product and/or use of our CartSmart technology); this includes without limitation matters arising out of and/or relating to the theft and/or usage of your personal and/or financial information, as well as the improper procurement of medications and/or medical supplies.

 

• Unsavory Conduct.  We put forth our best efforts to preserve the dignity and class of our Services.  However, there is always a chance that, during the course of using our Services – including without limited to during the course of receiving or returning Products you purchased from Mr. Crashcart –  you may encounter people, behavior, interactions, content, and/or other material that you consider inaccurate, objectionable, inappropriate, hostile, indecent, and/or worse.  Therefore, you acknowledge and agree that you use our Services at your own risk of encountering such people, behavior, interactions, content, and/or other material; you acknowledge and agree that you shall not under any circumstances hold Mr. Crashcart or its Affiliates responsible or liable in connection with such persons, behaviors, interactions, content, and/or other material.

• Notice to Parents.  You are hereby notified, pursuant to 47 U.S.C. Section 230(d), that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors; information identifying current providers of such protections is available at: http://kids.getnetwise.org and http://onguardonline.gov

• Non-Audit of Content.  Mr. Crashcart does not guarantee that it will audit, analyze, or review any third party content before it goes live on our website Neither Mr. Crashcart nor its Affiliates is in any way responsible for what is published in connection with our Services, and we are under no obligation to edit or control third party content, including without limitation product listings, specifications, descriptions, and prices.

• Linking & Deep Linking to Mr. Crashcart.  You agree that you will not link to our website in an effort to disrupt, obstruct, harass, defame, unfairly profit from, or otherwise harm us.  Furthermore, you agree that deep linking to our Services (e.g. our website) is strictly prohibited without our prior express written consent.

 

• Report Suspicious or Improper Conduct.  You agree to immediately notify Mr. Crashcart of any unauthorized use of your account and/or password, any breach of security, or any other suspicious or improper usage of our Services (including but not limited to reporting inappropriate conduct at any in-person event).   Likewise, you agree to immediately notify Mr. Crashcart with a detailed explanation if you believe you or any other user has committed or will commit a breach of these Terms of Service.  You can make such a report by emailing legal@mrcrashcart.com with the subject line "Improper Conduct" and a detailed account of the issue. 

•  Framing & Hidden Technology.  You may not utilize framing or mirroring techniques to enclose any Mr. Crashcart trademark, logo, image, text, layout, format, or other proprietary information or intellectual property without our prior express written consent. You may not utilize any hidden text or meta-tags that references Mr. Crashcart's proprietary information or intellectual property without our prior express written consent.

• Your Rights

• License to Use Services.  Provided that you fully agree to these Terms of Service –   and are capable of conducting yourself in accordance with them at all times– you will be granted a limited, non-exclusive, non-sublicensable, non-transferable, non-delegable, non-assignable, fully revocable license to access and make non-commercial use of our Services strictly as intended, in accordance with our terms and conditions (e.g. these Terms of Service).  TO BE CLEAR: THIS DOES NOT MEAN YOU GET A FREE PRODUCT – IT JUST MEANS YOU CAN VIEW WHAT WE'RE OFFERING AND MAKE A PURCHASE WITH US.  Mr. Crashcart reserves the right to suspend or revoke this license at any time, for any reason, without notification or warning. 

• Single Copy.  You are allowed to make a single copy of our content for use in learning about, evaluating, and/or utilizing Mr. Crashcart's Services, provided you agree that any such copy will be accompanied by a clear, complete, unmodified, and unobscured copy of these Terms of Service and our Statement on Privacy– and that these Terms of Service and our Statement on Privacy shall control use of said copy.

• Statement on Privacy.  We strongly recommend that you click here to carefully review our Statement on Privacy.  This Statement on Privacy governs how we collect and use your information.  Our Statement on Privacy is incorporated by reference into these Terms of Service; by agreeing to our Terms of Service, you acknowledge and fully agree to be bound the terms and conditions set forth in our Statement on Privacy.
• Making a Purchase. 
• Paying for Your Purchase.  You agree to pay Mr. Crashcart all charges associated with the Product(s) being purchased by you and authorize Mr. Crashcart to fully and immediately charge your designated payment provider for all amounts indicated at the time of payment, including without limitation all shipping and delivery charges. You acknowledge that it is necessary for you to provide your personal, financial, and contact information to effectuate your purchase, and you agree that all information you provide to Mr. Crashcart and our Affiliates will be truthful, accurate, up-to-date, and furnished with full authorization.  Furthermore, you acknowledge and agree that Mr. Crashcart may provide your personal, financial, and contact information to one or more third parties in order to effectuate your purchase – including but not limited to financial services providers and shipping carriers.  You authorized Mr. Crashcart to update your personal and financial information with information supplied by your designated payment provider or any other third party.
• Taxes.  You acknowledge and agree that you – and not Mr. Crashcart – are responsible for any and all applicable local, county, state, federal, and/or international taxes associated with your purchase of a Product from Mr. Crashcart and/or our Affiliates, including but not limited to sales, excise, import, export, use, personal property, value-added, an electronic/e-commerce taxes.
• All Payments Final.  All payments for the purchase of a Product are final.  No refunds.  Notwithstanding, Mr. Crashcart reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment, including without limitation mistakes as to pricing, description, and/or availability of a Product.

 

• Shipping & Delivery of Your Purchased Product.  Mr. Crashcart ships and delivers products to states where licensed throughout United States.  Our shipping and delivery partners/providers may change from time to time at our sole selection and discretion. 

Return Policy

Due to the nature of the medical products that we sell, we cannot allow returns of any purchases. However, we try to minimize the need for returns by reviewing customers past orders and communicating and reviewing orders with new customers. In certain circumstances we will negotiate individual returns and credits for sales to customers with whom we have an established business relationship.

• Shipping/Delivery Costs.  You acknowledge and agree that you are responsible for all costs related to the shipping and delivery of your purchased Products.  We'll let you know what those costs will be at the time of checkout.  Mr. Crashcart may or may not offer different shipping options based on the timing of delivery; if we offer different shipping options, we will let you know when you check-out.

• Timing of Your Delivery. We understand that timing is everything in this business, and we strive to make sure you get your Products delivered on time, as managed by our CartSmart technology.  However, you acknowledge and agree that certain Products(s) may require longer lead times and/or encounter delays – and that Mr. Crashcart cannot and does not guarantee shipment and/or delivery of any Product during any particular timeframe, on any particular date, or within any window of time during the day.
• Cancellation of Your Order.  Please note that it may be difficult for our Products to be shipped to certain locations; Mr. Crashcart reserves the right to refuse or cancel any purchase of a Product for any reason, without notice, cause, penalty, liability, or further obligation –including without limitation refusing or cancelling purchases due to the location required for shipping/delivery or the usage of incorrect Product pricing or availability information.  In the event that you payment provider has already been charged for a cancelled order, Mr. Crashcart will work to expeditiously credit your payment provider for the amount charged.
• Risk of Loss & Receipt of Damages Product(s). Even if we offer to provide free shipping and delivery, you acknowledge and agree that, under all circumstances, the risk of loss, damage, and destruction for any and all Products passes to you upon our delivery to of the Product(s) to the carrier.  That said, if you believe that you have received a Product which is in some way damaged or destroyed, please contact us immediately at 856.753.8736 or support@mrcrashcart.com; we can't promise anything, but we are reasonable people, and our customers are the center of our world.

 

• Resale & Re-listing of Mr. Crashcart Products.  You acknowledge and agree that the resale and/or re-listing of any and all Mr. Crashcart Products is strictly forbidden without our prior express written consent.  

• Our Rights

 

• Modifications & Limitations. We reserve the right to do any and all of the following freely, at any time, effective immediately, without liability, cause, notice, or preservation obligation:
• add to, remove, or modify any and/or all of our terms and conditions (including but not limited to these Terms of Service and our Statement on Privacy) – in which case your subsequent access and/or use of our Services constitutes acceptance of the amended term(s);
• suspend, discontinue, remove, interrupt, limit, restrict, update, improve, or otherwise modify (a) our Services, (b) features, functions, details, and/or portions of our Services,  and (c) material, data, information, code, and/or content arising out of or relating to our Services, (d) our Products and product offerings, including, without limitation, the right to freely limit and/or modify which Products are offered, as well as each Product's price – including without limitation case-by-case pricing, sales, and discounts, as well and pricing, sales, and discounts unique to a particular device, set of customers (e.g. "loyal" customers) set of users (e.g. Web sales, mobile-only sales) and/or location/area/jurisdiction – description, measurements and specifications, colors, available sizes and quantities, and/or accompanying photos and images;   and
• refuse, suspend, terminate, ban, restrict, or otherwise modify your – or any other person's – access to and/or ability to use: (a) our Services, including without limitation refusing to sell you one or more Products, cancelling your order, and/or ceasing your access to our CartSmart technology, (b) features, functions, details, or portions of our Services, and/or (c) material, data, code, information, and/or content arising out of or relating to our Services.

• A Word about Product Availability.  To borrow from The Rolling Stones, "You can't always get what you want."  Mr. Crashcart Products may be subject to limited quantities or only available to certain customers.  You acknowledge and agree that Mr. Crashcart may freely limit the sale of our Products – on a case-by-case business – by person, purchase history, location, geographic area, or jurisdiction.  You acknowledge and agree that certain offers may only appear to users through particular devices or interfaces (e.g. Web sales).   You further acknowledge and agree that Mr. Crashcart shall not be in any fashion liable or responsible to you or any other third party for listing a Product or price/price discount which is no longer available or refusing to make a particular Product or price/price discount available.  Any offer to provide a Product or Service made by Mr. Crashcart is void where prohibited.

• Rejection of Modifications.  If you do not wish to be bound by modifications relating to our terms, Services, or access rights, you must stop using our Services immediately and cease from all further usage of our Services.  You further agree to email legal@mrcrashcart.com with the subject "End Use" and details about your reason for ceasing all further use of our Services.

• No Obligation to Act/Refrain.  Mr. Crashcart is under no obligation – and shall face no penalty, liability, damage, claim, suit, or loss – to take action or refrain from taking action with respect to maintaining, monitoring, updating, modifying, improving, editing, removing, and/or providing: (a) our Services; (b) features, functions, details, or portions of our Services; (c) terms and /or conditions relating to our Services; and/or (d) material, data, information, and/or content arising out of or relating to our Services.

• License to Mr. Crashcart.  Notwithstanding our Statement on Privacy (hyperlink) You hereby grant a perpetual, irrevocable, non-exclusive, royalty-free, fully sublicensable, worldwide and universal license to exercise any and all rights you may have as to any content, data and information arising out of and/or relating to your use of our Services, including without limitation: the browsing of our website(s); your receipt, viewing, and engagement with our Product listings, emails and messages, promotions, and advertisements; the purchase of Products; the receipt of Products; and your communications with Mr. Crashcart regarding, ideas, suggestions, and other feedback.  Likewise, you agree that Mr. Crashcart may, at our sole discretion: copy, reproduce, adapt, translate, sell, distribute, syndicate, publish, transfer, communicate, modify/edit, exhibit, advertise, market, create derivative works from, display, make commercial use of (including currently known and future, currently unknown commercial uses), and/or otherwise use your content, data and information arising out of and/or relating to your use of our Services throughout the world, in any media (whether currently know or hereafter devised), in any manner, fashion and/or context we wish.  You acknowledge and agree that you shall not receive any form of compensation in connection with any usage, publication, and/or circulation of any content, data and information arising out of and/or relating to your use of our Services. You further agree that you waive any publicity rights and moral rights – including but not limited to the rights of attribution – in connection with any content, data and/or information arising out of and/or relating to your use of our Services.  Furthermore, you represent that you have full authority and right to grant these licenses and waive these rights pursuant to these Terms of Service. 

• Submissions.  While we love your creative energy, and always appreciate great feedback and awesome suggestions, Mr. Crashcart discourages you from sending us any product ideas, concepts for invention, stories, original artwork, information regarding technological innovations, or any other original and/or proprietary material which you may one day seek to protect and/or profit from as your own ("Submissions").  You acknowledge and agree that: (i) Mr. Crashcart will treat any Submissions as non-confidential and non-proprietary; (ii) Mr. Crashcart does not hold any type of special, confidential, or fiduciary relationship with you; (iii) Mr. Crashcart may have considered, conceived of, and/or reduced to practices any Submissions to us independent of your submission (iv) disclosure, usage, and/or exploitation of your Submission cannot cause you irreparable harm or otherwise entitle you to injunctive relief or any other equitable measures; and (v) by submitting any Submissions to us, you understand that you are us all licensing rights to those Submissions referenced in the immediately preceding paragraph ("License to Mr. Crashcart")

• Handling Your Information.  You agree that Mr. Crashcart may store, save, retain, delete, or destroy any and all content, information and/or data it collects – including but not limited to any data concerning your personally identifying and financially sensitive information – as it deems fit, with or without notice or cause, effective immediately.  Specific details about how we use your information – including your personally identifying and financially sensitive information – can be found in our Statement on Privacy. 

• All Rights Reserved.  Our team works very hard to continuously deliver our Services and develop our Intellectual Property.  All code, content, data, materials, information, and compilations thereof that are included in our Services – in various formats, including, but not limited to images, illustrations, graphics, photographs, posters and banners, messages, Product Listings and descriptions, videos, audio, software, scripts, data compilations, and text – are the property of Mr. Crashcart, our Affiliates, and/or third-parties ("Mr. Crashcart Content").  Mr. Crashcart Content is protected by the copyright laws, trademark laws, patent laws, and other intellectual property laws of the United States and other countries – and you acknowledge and agree all copyrights, trademark rights, patent rights, and other proprietary rights and interests arising out of and/or relating to the Mr. Crashcart Content are owned by us or our licensors to the fullest extent permitted under applicable law.  Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, enter into a database, exhibit, display, perform, reproduce, republish, license, post, modify, create derivative works from, transmit, distribute, or otherwise, exploit Mr. Crashcart Content in whole or in part without our prior express written consent.  You further acknowledge and agree that all rights in the Mr. Crashcart name, trade names, brand names, logos, services marks, trade dress, slogans, and designs – regardless of the size of the print or the presence of a legal designation (e.g., ™ or ©) – are the exclusive property of Mr. Crashcart and/or its licensors and are protected by United States and international law from reproduction, imitation, confusing and/or misleading usage, dilution, and/or any other unfair usages.  Nothing expressly stated or implied by these Terms of Service – or by our Services in general – shall give you any right, license, or other form of permission to use the Mr. Crashcart name or any trade names, logos, services marks, trade dress, slogans, patents, and designs that belong to Mr. Crashcart and/or our licensors; your use or misuse of intellectual property belonging to Mr. Crashcart and/or is licensors is hereby expressly prohibited.  If you wish obtain permission to use our marks, or if you have any questions, please direct your inquires to us at <support@mrcrashcart.com> 

 

• Messages & Notifications to You.  We need to be able to notify our community of important information as easily as possible.  For the purpose of service messages, notices, disclosures and other communications, we reserve the right to contact you through any means we choose, including by mail, telephone, text/SMS/MMS, email, social media, or website banner or notice.  You agree that any means of contact we choose will suffice for the purpose of providing adequate, timely legal notice in writing. 

• Catch-All.  Mr. Crashcart reserves any and all rights and interests relating to our Company, our Affiliates, and our property which were not expressly enumerated in these Terms of Service, including but not limited to rights relating to ownership, title, copyright, patent, proprietary rights, and trademark.

 

• Termination.

• Termination by Mr. Crashcart.  Use of our Services is a privilege, and we may revoke that privilege at any time.  Mr. Crashcart reserves the right– whenever we choose, effective immediately, without liability, cause, notice, or warning – to suspend, terminate, ban, interrupt, restrict, or otherwise modify your (or any other customer's) access to and/or use our Services, or any, functions, details, features or portions of our Services.  This includes but is not limited to cancelling a pending purchase for one or more Products, restricting the scope of your use or access, and/or outright banning you for an indefinite period of time.

 

• Termination by You.   If you wish to terminate your account and/or no longer utilize Mr. Crashcart's Services, you may do so at any time; simply send an email to  legal@mrcrashcart.com from the email address you use in connection with Mr. Crashcart (or in lieu of such an email address, your primary email address) and include the subject line "End Use", along with a few details about your reason for ceasing all further use.  

• You acknowledge and agree that termination has no impact on our ability to maintain and use the information and content you communicated to Mr. Crashcart.

 

• Clauses Surviving Termination.  All terms and conditions in these Terms of Service survive termination indefinitely, regardless of which party terminates, as intended to provided ongoing protection to Mr. Crashcart's rights, interests, and protection from liability. 
• Disclaimers & Warranties
• DISCLAIMERS.  We need to make sure that we don't lose the farm if something happens to go awry.  To the maximum extent permissible under applicable law, you acknowledge and fully agree to the following disclaimers:
• MR. CRASHCART AND ITS AFFILIATES PROVIDE ALL PRODUCTS AND SERVICES – AND ANY AND ALL INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE – ON AN "AS IS", "WITH ALL FAULTS", AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  MR. CRASHCART AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, THAT MAY ARISE IN CONNECTION WITH OUR PRODUCTS AND SERVICES – AND ALL INFORMATION, MATERIALS, DATA AND CONTENT THERETHROUGH AVAILABLE – INCLUDING WITHOUT LIMITATION IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER IMPLIED WARRANTY THAT MAY ARISE FROM THE COURSE OF DEALING, USAGE, PERFORMANCE OR TRADE. 
• MR. CRASHCART AND ITS AFFILIATES RESERVE THE RIGHTS TO FULLY ASSIGN AND DELEGATE THEIR RIGHTS AND OBLIGATIONS IN CONNECTION WITH THESE TERMS OF SERVICE AND ANY PRODUTS AND/OR SERVICES HEREUNDER.  IF MR. CRASHCART AND/OR ITS AFFILIATES ASSIGN RIGHTS IN CONNECTION WITH THESE TERMS OF SERVICE AND/OR OUR PRODUCTS/SERVICES, YOU WILL NOT BE ENTITLED TO ASSERT ANY CLAIMS, DEFENSES, SETOFFS, OR COUNTERCLAIMS AGAINT MR. CRASHCART'S ASSIGNEE THAT SHALL NOT BE ASSERTTED AGAINST MR. CRASHCART.
• MR. CRASHCART & ITS AFFILIATES DISCLAIM ANY DUTIES, RESPONSIBILITIES, LIABILITIES, AND OBLIGATIONS IN CONNECTION WITH ANY "FORWARD-LOOKING STATEMENT" WE MAKE.
• NEITHER MR. CRASHCART NOR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY AND/OR RELATED RIGHTS AS THEY ARISE IN CONNECTION WITH OUR SERVICES.  
• NEITHER MR. CRASHCART NOR ITS AFFILIATES IN ANY MANNER WARRANTS THAT: ANY SERVICES (INCLUDING WITHOUT LIMITATION OUR CARTSMART TECHNOLOGY AND OUR SERVCIES FOR THE SALE OF PRODUCTS ON A RECURRENT AND/OR SUBSCRIPTION BASIS) FUNCTION OR WILL FUNCTION IN AN UNINTERRUPTED AND/OR ERROR-FREE MANNER; INFORMATION, MATERIALS, CONTENT, AND/OR DATA WILL BE AVAILABLE AND/OR PRESERVED; MALFUNCTIONS OR DEFECTS HAVE BEEN OR WILL BE CORRECTED; OUR SERVICES ARE AND WILL REMAIN SECURE; OR OUR SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE AND WILL CONTINUE TO BE FREE OF VIRUSES OR OTHER HARMFUL AND/OR DESTRUCTIVE COMPONENTS.  NEITHER MR. CRASHCART NOR ITS AFFILIATES WARRANTS THAT ANY MESSAGES, EMAIL, OR ATTACHMENTS WE SEND – OR ANYTHING ELSE WE MAKE AVAILABLE FOR DOWNLOAD OR ACCESS – ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS.
• NEITHER MR. CRASHCART NOR ITS AFFILIATES MAKES ANY PROMISES OR WARRANTIES REGARDING THE ACTS AND OMISSIONS OF ANY THIRD PARTY.  THIS INCLUDES WITHOUT LIMITATION THE ACTS AND OMISSIONS OF ANY PRODUCT MANUFACTUTER, PRODUCT DISTRIBUTOR, CARRIER FOR SHIPPING/DELIVERY, AND FINANCIAL SERVICES PROVIDER, OR ANY INDIVIDUAL ACTING ON BEHALD OF SUCH AN ENTITY.
• NEITHER MR. CRASHCART NOR ITS AFFILIATES WARRANTS OR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, USE, EFFICACY, OR THE RESULTS OF THE USE OF OUR PRODUCTS OR SERVICES – OR ANY ITEMS, INFORMATION, MATERIALS, DATA, AND CONTENT THERETHROUGH AVAILABLE.  NEITHER MR. CRASHCART NOR ITS AFFILIATES MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE ITEMS, INFORMATION, DATA, MATERIALS, AND CONTENT AVAILABLE THROUGH OUR SERVICES WILL BE ACCURATE, PRECISE, COMPLETE, RELIABLE, UP-TO-DATE, AND/OR FREE OF INAPPROPRIATE CONTENT. INSOFAR AS MR. CRASHCART PROVIDES ANY WEIGHTS, DIMENSIONS, MEASUREMENTS, COLORS, SIZES, QUANTITIES, OR ANY OTHER DESCRIPTIONS AS TO OUR ITEMS, THOSE ARE MERE APPROXIMATIONS FOR YOUR CONVENIENCE, WITH NO GUARANTEE AS TO ACCURACY, PRECISION, OR FREEDOM FROM ERROR
• OUR SERVICES DO NOT PROVIDE OR PURPORT TO PROVIDE ANY MEDICAL ADVICE OR ANY OTHER PROFESSIONAL GUIDANCE.  "MR. CRASHCART CONTENT" IS STRICTLY FURNISHED FOR INFORMATIONAL PURPOSES ONLY; IT IS NOT A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED MEDICAL CARE PROVIDER.  WE ENCOURAGE YOU TO CONTACT A QUALIFIED MEDICAL CARE PROVIDER WITH ANY QUESTIONS RELATING TO THE USAGE, RISKS/DANGERS, APPROPRIATENESS, AND/OR EFFICACY OF OUR PRODUCTS.
• MR. CRASHCART AND ITS AFFILIATES HANDLE PRIVATE, FINANCIAL, AND OTHERWISE SENSITIVE INFORMATION WITH REASONABLE SECURITY AND CARE; HOWEVER, WE CANNOT AND DO NOT GUARANTEE THAT ANY TRANSACTION OR TRANSFER OR STORAGE OF INFORMATION IS 100% SECURE.  MR. CRASHCART AND ITS AFFILIATED DISCLAIM ALL LIABILITY IN CONNECTION WITH ANY UNDESIRED AND/OR HARMFUL DISCLOSURE AND/OR USAGE OF YOUR INFORMATION – PERSONALLY IDENTIFYING INFORMATION, FINANCIALLY-SENSITIVE INFORMATION, OR OTHERWISE.
• OUR SERVICES MAY RUN ADVERTISEMENTS, FEEDS, AND/OR CONTENT ORIGINATING FROM A THIRD PARTY, OR MAY OTHERWISE OFFER LINKS TO SITES WHICH ARE NOT MAINTAINED BY MR. CRASHCART.  NEITHER MR. CRASHCART NOR ITS AFFILIATES CONTROLS, ENDORSES, OR IS RESPONSIBLE FOR ANY ISSUES ARISING OUT OF OR RELATING TO THE INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THESE THRID PARTY ADVERTISEMENTS, SITES, FEEDS, LINKS, AND/OR OTHER SERVICES.  Neither Mr. Crashcart nor any of its Affiliates makes any representations or warranties regarding any third party'S INFORMATION, CONTENT, DATA, MATERIALS, PRODUCTS, AND/OR SERVICES with which you come into contact via our Services. 
• MR. CRASHCART AND ITS AFFILIATES DISCLAIM ANY ENDORSMENT RELATING TO AND LIABILITY FOR (A) LINKS OR FEEDS TO OUR SERVICES FROM ANOTHER SITE; AND (B) LINKS OR FEEDS FROM OUR SERVICES TO ANOTHER SITE.
• IT IS ENTIRELY YOUR RESPONSIBILITY TO ASSESS THE ACCURACY, RELIABILITY, UP-TO-DATENESS, VIABILITY AND APPROPRIATENESS OF OUR PRODUCTS AND SERVICES – AND ANY DATA, INFORMATION, MATERIALS, AND CONTENT THERETHROUGH AVAILABLE – ESPECIALLY AS THEY RELATE TO YOUR SPECIFIC NEEDS.  YOU ASSUME THE ENTIRE COST OF ALL SERVICES, REPAIRS, CORRECTIONS, REPLACEMENTS, DEBTS, LIABILITIES OR OTHERWISE THAY MAY ARISE FROM AN ATTEMPT TO USE OR THE ACTUAL USE OF OUR SERVICES AND/OR ANY ITEMS, INFORMATION, DATA, MATERIALS, AND/OR CONTENT THERETHROUGH AVAILABLE.
• YOU ACKNOWLEDGE THAT MR. CRASHCART'S MANUFACTURERS, CARRIERS, AND OTHER THIRD PARTIES PROVIDERS MAY IMPOSE THEIR OWN DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS.  YOU THEREORE AGREE THAT THE DISCLAIMERS, WAIVERS, AND LIMITATIONS APPEARING IN THESE TERMS OF SERVICE WILL ONLY SERVE TO SUPPLEMENT– AND IN NO MANNER DIMINISH, ELIMINATE, OR SUPPLANT – THE FORCE  AND EFFECT OF DISCLAIMERS, WAIVERS, AND/OR LIMITATIONS OF OUR THIRD PARTY PROVIDERS.  INSOFAR, AS THERE IS ANY CONLICT BETWEEN THE DISCLAIMER, WAIVER, AND/OR LIMITATION OF MR. CRASHCART AND ONE OF OUR THIRD PARTY PROVIDERS, YOU AGREE THAT THE APPLICABLE TERM WILL BE WHICHEVER PROVIDES THE GREATER LEGAL PROTECTION FOR MR. CRASHCART, NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY.
• YOUR JURISDICTION MAY NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN CLAIMS OR TYPES OF DAMAGES. THUS, IT IS POSSIBLE THAT PORTIONS OF THE AFOREMENTIONED DISCLAIMERS OR SUBSEQUENTLY-LISTED LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU; HOWEVER, THE LIMITATION OR EXCLUSION OF A PARTICULAR DISCLAIMER OR LIABILITY LIMITATION SHALL IN NO MANNER IMPACT ANY OTHER PROVISION HEREIN, NOR SHALL IT AFFECT THE VALIDITY OR FORCE OF THAT LIABILITY LIMITATION OR DISCLAIMER IN ANY OTHER JURISDICTION. 

• Sole Responsibility.  You acknowledge and agree that you hold sole responsibility for any and all risks, harms, liabilities, responsibilities, damages, settlements, awards, disputes, controversies, claims, losses, fees, and/or penalties that arise from and/or relate to your use of our Services and/or a breach of these Terms of Service. 

• LIMITATION OF LIABILITY.  You hereby agree, on behalf of yourself, as well as your executors, administrators, heirs and assigns, to fully and unconditionally release Mr. Crashcart and its Affiliates from any and all disputes, controversies, and/or claims for damages, harms, debts, losses, liabilities, fines, statutory amounts, fees, costs and expenses and/or penalties – regardless of how they occur or their legal implications –arising out of and/or relating to our Services, and/or your use of or inability to use our Services.  This limitation of liability includes, without limitation, matters arising out of and/or relating to: our Product pricing, descriptions, specifications, and/or availability, including without limitation misrepresentations regarding pricing, descriptions, specifications and/or availability; Product recalls; the untimely shipment and/or delivery of one or more Products; our CartSmart technology and/or information and notifications relating to Product expiration dates;  the disclosure, breach, and/or usage of personal and/or financially-sensitive information; and the unauthorized access, usage, infection, and/or manipulation of a computer or device from unwanted parties and/or malicious code, programs, and software.   
• This clause embraces, but is not limited to, a full and unconditional release from: loss of business, revenue, profit and/or opportunity; loss, theft damage, and/or destruction of data, information, and/or or property; harm to reputation; loss of income; pain and suffering; emotional damages; loss of enjoyment; loss of use of Services, or any associated Products; any damages multiplier, including but not limited to any provision at law for double or treble damages; attorney fees; litigation costs; the cost of substitute services; any additional penalties(including without limitation administrative and/or civil penalties); and any other actual, direct, indirect, special, incidental, consequential, exemplary, reliance and/or punitive damages – even if Mr. Crashcart and/or its Affiliates were advised as to the possibility of such.
• This clause applies regardless of whether the matter implicates negligence, intentional conduct, or otherwise.  This clause applies regardless of whether the matter involves a statutory, tort, contractual, breach of warranty, and/or any other dispute.
• In no event whatsoever will our maximum aggregate liability for damages, harms, losses, costs, fees, expenses, penalties, and fines arising out of or relating to Mr. Crashcart, our Services, and/or any Product(s) you purchase exceed the greater of $250 or the amount you spent on the purchase of the disputed Product(s), if applicable.

• Indemnification.  You agree to indemnify, defend, and hold Mr. Crashcart and its Affiliates harmless in connection with any and all third party disputes, controversies, and/or claims for damages, harms, debts, losses, liabilities, statutory remedies, fines, fees, costs and expenses, and/or penalties arising out of and/or relating your acts and/or omissions in connection with our Products and/or Services, regardless of whether said acts and/or omissions are alleged to have resulted from negligence, recklessness, and/or knowing intent, and/or strict liability; this indemnification provision includes, without limitation, disputes, claims, and/or controversies arising out of and/or relating to (a) your use of our Services, including without limitation matters arising out of and/or relating to: your breach of one or more of these Terms of Service; your usage of and/or reliance on our Product pricing, descriptions, specifications, and/or availability; your usage of and/or reliance on our CartSmart technology and/or information and notifications relating to Product expiration dates; the disclosure, breach, and/or usage of a third party's personal and/or financially-sensitive information in connection with your use of our Services; and the unauthorized access, usage, infection, and/or manipulation of a computer or device from unwanted parties and/or malicious code, programs, and software in connection with the use of our Services; (b) any acts and/or omissions taken under your account and/or login information which arise out of and/or relate to our Services, regardless of whether you or any third-party authorized said actions and/or omissions; (c) your acts and/or omissions relating to the usage of one or more Products, whether said usage was by you or any third party; and (d) your violation of any laws, rules, regulations and/or third party right(s).  You acknowledge and agree that Mr. Crashcart and its Affiliates reserve the exclusive right to control the defense, settlement, and selection of counsel in connection with any claim, dispute, or controversy for which you are bound to provide indemnification by this clause or any other term or condition.

 

• Third Parties.  To provide a better user experience, our Services may make use of third party services, feature third party content, run third party applications, or link to third party web sites.  These third party services and offerings are provided only for your convenience, and we do not examine or audit any third party services or offerings.  You are solely responsible for evaluating any third party services and offerings – you access and/or use these services and offerings at your own risk and agree that neither Mr. Crashcart nor any of its Affiliates is responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, penalties, or fines, arising out of or relating a third party and/or its content, web site(s), application(s) and/or other service(s).  Therefore, we encourage you to carefully review all third party terms and conditions, privacy policies, operational histories, and security protocols. 

• Injunctive Relief.  You agree that under no circumstances will you seek to enjoin or restrain Mr. Crashcart or any of its Affiliates from providing Services, including without limitation operating the website Mr. Crashcart.com, selling Products and subscription-based services, and/or staying in touch with our community and its individual members.  You acknowledge and agree that you are not entitled to injunctive relief, rescissions, or any other equitable remedy in connection with these Terms of Service and any agreement hereto relating.

• Affiliate Ads & Marketing.  We reserve the right to run advertisements and promotions through our Services, and to receive a contingency payment, structured payment, bonus and/or commission in connection with our ads and promotions.

• Non-Endorsement & Non-Responsibility.  Mr. Crashcart does not support or endorse any third party content or statements or interactions arising out of or relating to our Services; any third party content, statements, and/or interactions solely reflect the statements, positions, and opinions of the person or persons creating the content, making the statement, and/or engaging in the interaction.  Insofar as you engage in communications with any sales representatives or administrative personnel, these individuals are not authorized spokespersons of Mr. Crashcart; any opinions such a person express is strictly that individual's own and not endorsed by us.

• Construed in Favor of Mr. Crashcart.  Insofar as these Terms of Service include any errors or ambiguities related to spelling, grammar, or syntax – or any other errors or ambiguities – these errors and ambiguities shall be construed in a light most favorable to Mr. Crashcart.  Specifically, without limitation:
• Any ambiguities, inconsistencies, misuses, or uncertainties around the usage of the words "and" vs. "or" vs. "and/or" shall be construed in favor of protecting the rights, interests, liability exposure of Mr. Crashcart.
• Our use of the word "including" shall not be an exclusive term – but shall mean "including without limitation" – unless otherwise noted.

 

• Miscellaneous but Important

• Force Majeure.  You acknowledge and agree that Mr. Crashcart shall hold no liability or responsibility for any harms, damages, penalties, losses, costs, expenses, fees, or issues that result from factors beyond the scope of our reasonable control.  This includes without limitation: acts of God; weather; the shutdown of carriers, transportation, and/or utilities; strikes and protests; acts of warfare and/or terrorism; and actions taken by government agencies. 

• Severability.  If any of the terms and conditions herein – or any portion(s) of any terms or conditions – are held unenforceable, the impact of that unenforceability (i.e. limitation or exclusion of terms) will be construed as narrowly as possible; moreover, the remainder of the Terms of Service herein – and all other portions thereof – shall nevertheless remain in full force and effect.  Your jurisdiction may not allow the disclaimer of certain warranties or limitations of certain types of damages.  Thus, it is possible that portions of these Terms of Service may not apply to you.  However, the limitation or exclusion of a particular disclaimer, restriction, limitation, term, or condition shall in no manner impact any other provision herein, nor shall it affect the validity or force of that disclaimer, restriction, limitation, term, or condition in other jurisdictions.   

• Translation.  Any translation of these Terms of Service is merely provided as a convenience.  Any discrepancy or dispute involving a translated version of these Terms of Service and the English version of these Terms of Service shall be resolved in favor of the English version.

• Non-Waiver.  You acknowledge and agree that any failure by Mr. Crashcart to require your strict adherence to any term or condition herein shall in no manner be construed as a waiver of any right by Mr. Crashcart, nor shall such a failure be construed to remove or dilute the effect of any term, condition, or requirement herein stated.  In other words, we may enforce and/or exercise our rights under these Terms of Service as we deem fit, without having to waive them at any point.

• Entire Agreement.  These Terms of Service – taken along with the incorporated Statement on Privacy – represent the entire agreement between you and Mr. Crashcart with respect to your access to and use of our Service, including without limitation with respect to your access to and use of our Cart Smart technology and subscription-based services.  These terms and conditions supersede any conflicting agreements or terms or conditions– however and whenever established – between you and Mr. Crashcart, unless Mr. Crashcart explicitly states otherwise in a signed writing.  We reject any term or condition, however and whenever set forth, that conflicts with any term or condition herein listed.  You hereby agree that any term or condition you set forth, however and whenever set forth, that conflicts with any term or condition herein listed shall be void and of no force or effect, regardless of any statement or indication to the contrary.

• Choice of Law & Venue.  Any claim, dispute, suit, matter, or controversy arising out of or relating to Mr. Crashcart, our Services, our Products, and/or these Terms of Service will be construed and governed in accordance with the laws of the State of New Jersey without regard to its conflict of laws principles.  You agree that claims, disputes, cause of actions, and proceedings against Mr. Crashcart must commence within one year of when the cause of action arises and shall be submitted exclusively to the jurisdiction of a state or federal court in which Camden County, NJ is located.  You hereby waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.  You acknowledge and agree that this provision is not intended to, in any manner, limit or negate the force or effect of the immediately subsequent provision entitled "Arbitration of Claims."

• Arbitration of Claims.  Arbitration is a great way to avoid a protracted legal dispute.  You acknowledge and agree that any claim, dispute, suit, matter, or controversy arising out of or relating to Mr. Crashcart, our Affiliates, our Services, one or more of Products, and/or one or more agreements you may have formed with us (including but not limited to these Terms of Service and our Statement on Privacy) shall, be settled exclusively and finally by arbitration, and that both you and Mr. Crashcart are hereby waiving your right to a trial by jury.  Arbitration shall be conducted in accordance with the consumer arbitration rules created by Judicial Arbitration and Mediation Services ("JAMS") and before a sole arbitrator.  Under no circumstance shall punitive damages be awarded in the arbitration.   Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in any court of competent jurisdiction.  Furthermore, you agree that, prior to taking any legal action against Mr. Crashcart, you will seek to negotiate in good faith with Mr. Crashcart and undertake reasonable efforts to reach a mutually satisfactory conclusion to your dispute.  You further acknowledge and agree that the prevailing party will be entitled to attorneys' fees in any arbitration where it is shown the losing party acted with bad-faith and/or recklessness.  In addition, you acknowledge that neither this clause nor the subsequent Class Action Waiver precludes you from filing a complaint or demanding an investigation from an agency of government.

• Class Action Waiver.  Regardless of the validity of our arbitration clause, you acknowledge and agree that you will only pursue a claim, dispute, suit, matter, or controversy arising out of or relating to Mr. Crashcart, our Services, one or more Products, and/or one or more agreements you may have formed with us (including but not limited to these Terms of Service and our Statement on Privacy).  You agree that you shall not be involved with any class or representative proceeding – or otherwise participate as a lead plaintiff or class member, in a putative or certified class – involving any claim, proceeding, action, controversy, or dispute arising out of or relating to Mr. Crashcart, our Services, one or more Products, our Affiliates, and/or one or more agreements you may have formed with us (including but not limited to these Terms of Service and our Statement on Privacy).

• Export Control Laws.  United States export control laws regulate the export and re-export of code, information, data, materials, and technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals.  As with all applicable laws, rules, regulations, and standards, you are agree to abide by all applicable laws, rules, regulations, and standards concerning export control.  We do not make any representation or implication that our Products and Services – including the material, content, and information available through our Services – is permissible for use outside of the United States; you are solely responsible for knowing and following local laws.

 

• Digital Millennium Copyright Act  (17 U.S.C. §512)
• Reporting Infringement.  If you believe that your copyrighted work appears in connection with our Services and/or is accessible through our Services in a way that constitutes copyright infringement, please notify Mr. Crashcart by providing us with the following information in writing to the address listed below: (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing; (3) identification of the URL or other specific location where the material or activity you claim to be infringing is located or is occurring; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) a statement by you that you have a good faith belief that use in our Services of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and (6) a statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
• Counter-Claims of Infringement.  If you believe you are the subject of an improper infringement claim, please notify Mr. Crashcart by providing us with the following information in writing to the address listed below:  (1) the physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf; (2) a detailed description of the copyrighted work you claim has been subject to an improper infringement claim; (3) identification of the URL or other specific location from where the allegedly infringing material has been removed, modified, and/or deleted; (4) your name, address, telephone number and, if you have one, your e-mail address; (5) the following statement:  "I hold a legitimate, good faith belief that the allegedly offending material, as herein described, has been subject to complaint, removed, or rendered inaccessible as the result of misidentification, misfeasance, malfeasance, and/or mistake.  All of the factual information I have provided in connection with this document is true and correct.  I consent to the jurisdiction of the District Court in the United States judicial district in which I live – or, to the extent I reside outside the United States, in the Southern District of New York– and will accept service of process from the person or the agent of the person who sent the initial notice of infringement to Mr. Crashcart.  All attestations herein are given under penalty of perjury."

• Headings.  Our headings and section titles – in these Terms of Service and the incorporated Statement on Privacy – are provided strictly for your convenience; they have no binding or representative effect on either Party.

• Contacting Mr. Crashcart.  If you need to reach us, here's the best way to do so.
• Legal Notices.  You agree that all legal notices and legal-related correspondence will be provided in hard copy to: Mr. Crashcart LLC, Attention: Legal Department, 601 West 26th Street #325-2, New York, NY 10001.
• California Consumer Affairs.  Per California Code of Civil Procedure 1789.3, California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs: 1625 North Market Blvd., Sacramento, CA 95834; (916) 445-1254 or (800) 952-5210.
• Your feedback matters to us.  Please let us know if you have questions, concerns, or feedback regarding these Terms of Services or our Statement on Privacy by emailing legal@mrcrashcart.com.  Likewise, please share any general feedback on Mr. Crashcart, our Products and our Services by emailing support@mrcrashcart.com.