DISCLAIMER:

All sales are final. Any purchases made from cretoseal.com are final and returns are not accepted. CretoSeal provides in depth information about our product line along with many videos showing how to use the products. Please read through this information and view our videos before placing any orders.

GENERAL:

The following terms and conditions (the “Terms of Use”) govern your use of the Websites and Mobile App. All references in this Terms of Use to “we”, “us”, “our”, and “CretoSeal” are to State Of Creative LLC, a limited liability company organized and existing under the laws of the State of California. All references in this Terms of Use to “Websites” refer to www.cretoseal.com. All references in this Terms of Use to “Mobile App” refer to the CretoSeal mobile app.

BY USING THE WEBSITES AND/OR MOBILE APP, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you must immediately exit the Websites and Mobile App and discontinue the use of the Websites and Mobile App and any information, product, or services found therein.

The term “Agreement” shall mean the agreement formed between you and us pursuant to these Terms of Use, any other terms and conditions posted on the Websites and/or Mobile App, and any other written agreement between you and us, all of which are incorporated herein by reference. If we and a user of the Websites and/or Mobile App enter into a separate written agreement or contract providing other terms and conditions of our agreement, these Terms of Use are incorporated by reference.

As you read these Terms of Use, we strongly recommend that you also access and read the information contained in the other pages and websites referred to in this document, including the Privacy Policy below. Furthermore, please note that all headings in these Terms of Use are for reference and convenience purposes only and in no way limit the scope or extent of such section.

MODIFICATION OF THE WEBSITE

CretoSeal reserves the right in its sole discretion to change, modify, alter, update, improve, or remove any information or content appearing on the Websites and/or Mobile App. CretoSeal may discontinue or revise any or all aspects of the Websites and/or Mobile App in its sole discretion and without prior notice and may do so at any time. Any amended terms automatically take effect by your access or use of the Website and/or Mobile App. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

OUR LICENSE TO YOU

CretoSeal hereby authorizes you to view and print the information, content, and data (hereinafter “Materials”) available on the Websites and/or Mobile App, provided that:

  1. The Materials are used only for the purposes of using the services expressly offered by CretoSeal;
  2. The Materials are not modified, republished, or redistributed; and
  3. All copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, or copyright of CretoSeal.

OBTAINING QUOTES OR REQUESTING PRODUCTS OR EQUIPMENT

If you wish to obtain a quote from us or to purchase products or equipment as described on the Websites and/or Mobile App, you may be asked to supply us with certain personal data applicable to the quote or purchase. Please review the Privacy Policy carefully to determine how such personal data will be treated. You agree to pay all charges incurred by you or any users of your account, including all applicable taxes relative to the purchase. CretoSeal may verify any data that has been submitted and reserves the right to refuse a purchase.

CONTENT REQUIREMENTS

You agree that all of the information you have provided to CretoSeal, whether online or otherwise, is accurate and complete. CretoSeal does not guarantee the accuracy of any information available on the Websites and/or Mobile App, and is not responsible for any errors, omissions, or misrepresentations, whether made by a third party or otherwise. All information obtained on the Websites and/or Mobile must be verified independently. It is solely your responsibility to verify the accuracy, completeness, and usefulness of information provided on the Websites and/or Mobile App.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Websites and/or Mobile App, you will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use the Websites and/or Mobile App, including, but not limited to the following:

You will not:

  1. Use the Websites and/or Mobile App if you are not able to form legally binding contracts and/or are under the age of 18;
  2. Use the Websites and/or Mobile App if you are temporarily or indefinitely suspended from the Websites and/or Mobile App;
  3. Express or imply that any statements you have made or are making are endorsed by CretoSeal, without our prior written consent;
  4. Circumvent or manipulate our fee structure or the billing process;
  5. Engage in “spamming” or other activity that involves the transmission of “junk mail” or unsolicited mass mailing to others;
  6. Send a virus, overload, flood, spam, or mail-bomb the Websites and/or Mobile App, or distribute any other technologies that may harm the Websites and/or Mobile App or the interests or property of the Websites and/or Mobile App;
  7. Copy, modify, republish, or distribute content from the Websites and/or Mobile App that is subject to copyright or trademark;
  8. Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
  9. Provide inaccurate contact information or other information relative to a quote, rental, or sale;
  10. Collect information about users, including email addresses;
  11. Permit others who have been restricted or denied access to the Websites and/or Mobile App to gain access to the Websites and/or Mobile App through your account, username, or password.
  12. Transmit to the Websites and/or Mobile App or any user any information or materials of any kind which:
    1. Violate, plagiarize, or infringe on the intellectual property or contractual rights of another;
    2. Are libelous, defamatory, obscene, pornographic, offensive, abusive, harassing, threatening, tortuous, invasive of another’s privacy, racist, hateful, or otherwise objectionable; or
    3. Contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  13. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  14. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Websites and/or Mobile App without the prior expressed written permission of CretoSeal and the appropriate third party, as applicable;
  15. Interfere or attempt to interfere with the proper working of the Websites and/or Mobile App or any activities conducted on the Websites and/or Mobile App or the access of any user, host, or network;
  16. Restrict or prevent anyone from using the Websites and/or Mobile App by means of the following (including, but not limited to): hacking or defacement of any portion of the Websites and/or Mobile App; or
  17. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Websites and/or Mobile App.

NO UNAUTHORIZED DUPLICATION

Except as otherwise stated herein, none of the content on the Websites and/or Mobile App may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of CretoSeal or such other owner.

TRADEMARKS

Any trademarks, trade names, logos, and service marks displayed on the Websites and/or Mobile App are the property of CretoSeal or other third parties. You agree not to copy, alter, remove, infringe, dilute, or otherwise use these trademarks or service marks without the prior written consent of CretoSeal or such other owner.

REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your rights have been infringed by content appearing on our Websites and/or Mobile App, please contact us. Our contact information can be found by navigating to the Contact Us section of the Websites and Mobile App. CretoSeal reserves the right to remove content for any reason.

The Websites/Mobile App may contain links to websites operated by parties other than CretoSeal. CretoSeal does not control such websites and is not responsible for their content. If you decide to access any of the third-party sites linked to the Websites/Mobile App, you agree that you will be leaving the Websites/Mobile App and that CretoSeal has no responsibility or liability whatsoever in connection with your use or exchange of any information with such third-party websites. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance, including, but not limited to, damages that are direct, indirect, special, or consequential. CretoSeal does not endorse, sponsor, or guarantee the material on such websites. We also expressly disclaim any responsibility for the data collection, privacy, or data security practices of those entities.

GENERAL DISCLAIMER

CRETOSEAL AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES, ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION FOUND ON THE WEBSITES AND/OR MOBILE APP. ALL INFORMATION PROVIDED ON THE WEBSITES AND/OR MOBILE APP IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CRETOSEAL HEREBY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CRETOSEAL AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES MAKE NO WARRANTY THAT THE WEBSITES AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. CRETOSEAL AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITES AND/OR MOBILE APP, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES AND/OR MOBILE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CRETOSEAL OR THROUGH THE WEBSITES AND/OR MOBILE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CRETOSEAL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES AND/OR MOBILE APP, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CRETOSEAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CRETOSEAL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, CRETOSEAL OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES AND/OR MOBILE APP OR THROUGH THE SERVICES OFFERED ON THE WEBSITES AND/OR MOBILE APP.

AVAILABILITY OF THE WEBSITES AND/OR MOBILE APP

The Websites and/or Mobile App is/are usually available 24 hours a day, 7 days a week. However, the Websites and/or Mobile App may be unavailable at times, and CretoSeal shall not be liable for any interruption, suspension, or termination, no matter the reason.

INDEMNITY

You hereby agree to release, defend, indemnify, and hold CretoSeal and its respective officers, directors, employees, vendors, suppliers, shareholders, attorneys, insurers, agents, affiliates, predecessors, successors, past, present and future parents, subsidiaries, assigns, and designees harmless from and against any and all claims, costs, liability, charges, penalties, or demands, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of, directly or indirectly, any of the following:

  1. Your breach of this Agreement;
  2. Your violation of any law or the rights of a third party; or
  3. Your use of the Website or any reliance on its content.

REMEDIES

In the case of any violation of our Agreement, CretoSeal reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of the Websites and/or Mobile App.

Furthermore, without limiting any other provision in this Agreement, in the event you default under this Agreement, we will have the right to exercise any or all of the following remedies:

  1. We can terminate this Agreement;
  2. We can ban your future use of the Websites and/or Mobile App; and
  3. We can exercise any and all rights and remedies available to us at law and in equity.

RESOLUTION OF DISPUTES, INCLUDING CONTROLLING LAW AND JURISDICTION

If a dispute arises between you and CretoSeal, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement shall be governed and construed in accordance with the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against CretoSeal must be resolved by a court located in Sacramento, California, except as otherwise agreed in writing by the parties. You agree to submit to the personal jurisdiction of the courts located within Sacramento, California, for the purpose of litigating all such Claims or disputes.

NOTICES

All notices, including legal notices, are considered served upon CretoSeal when mailed to the CretoSeal address (as listed in the Contact Us section of the Websites and Mobile App) certified mail, return receipt, and received by CretoSeal.

OUR FAILURE TO ACT

Our failure to act with respect to a breach by you or others shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. This Agreement does not intend or create an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.

TERMINATION OF ACCOUNT OR ADVERTISEMENT

Subject to applicable law, CretoSeal reserves the right to refuse service to anyone and to terminate a user’s account at any time.

CONSTRUCTION OF AGREEMENT

If any part of this Agreement is determined to be invalid or unenforceable If any provision of this Agreement is or becomes void or unenforceable by force or operation of law, the remaining provisions shall remain valid and enforceable.

LEGAL NOTICES FOR CALIFORNIA RESIDENTS

In accordance with California Civil Code Section 1789.3, residents in the State of California are entitled to the following information:

  1. The name, address, and telephone number of the provider of these services can be found at the Contact Us section of the Websites and Mobile App.
  2. Current rates for any services provided by CretoSeal may be obtained by contacting CretoSeal at the contact information found by navigating to the Contact Us section of the Websites and Mobile App.
  3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted as follows:
Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
1625 North Market Boulevard
Sacramento, California 95834
(800) 952-5210

PRIVACY POLICY:

State Of Creative Online Design and Marketing (“State Of Creative llc.“) operates cretoseal.com and may operate other websites. It is State Of Creative’s policy to respect your privacy regarding any information we may collect while operating our websites.

WEBSITE VISITORS

Like most website operators, State Of Creative llc. collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. State Of Creative’s purpose in collecting non-personally identifying information is to better understand how State Of Creative’s visitors use its website. From time to time, State Of Creative llc. may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

State Of Creative llc. also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on cretoseal.com blogs/sites. State Of Creative llc. only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

GATHERING OF PERSONALLY-IDENTIFYING INFORMATION

Certain visitors to State Of Creative’s websites choose to interact with State Of Creative llc. in ways that require State Of Creative llc. to gather personally-identifying information. The amount and type of information that State Of Creative llc. gathers depends on the nature of the interaction. For example, we ask visitors who sign up at cretoseal.com to provide a username and email address. Those who engage in transactions with CretoSeal are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, State Of Creative llc. collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with CretoSeal. State Of Creative llc. does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

AGGREGATED STATISTICS

State Of Creative llc. may collect statistics about the behavior of visitors to its websites. State Of Creative llc. may display this information publicly or provide it to others. However, State Of Creative llc. does not disclose personally-identifying information other than as described below.

PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION

State Of Creative llc. discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on State Of Creative’s behalf or to provide services available at State Of Creative’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using State Of Creative’s websites, you consent to the transfer of such information to them. State Of Creative llc. will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, State Of Creative llc. discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when State Of Creative llc. believes in good faith that disclosure is reasonably necessary to protect the property or rights of State Of Creative llc., third parties or the public at large. If you are a registered user of an State Of Creative llc. website and have supplied your email address, State Of Creative llc. may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with State Of Creative llc. and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. State Of Creative llc. takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

COOKIES

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. State Of Creative llc. uses cookies to help CretoSeal identify and track visitors, their usage of CretoSeal website, and their website access preferences. State Of Creative llc. visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using State Of Creative’s websites, with the drawback that certain features of State Of Creative’s websites may not function properly without the aid of cookies.

BUSINESS TRANSFERS

If State Of Creative llc., or substantially all of its assets, were acquired, or in the unlikely event that State Of Creative llc. goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of State Of Creative llc. may continue to use your personal information as set forth in this policy.

ADS

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by State Of Creative llc. and does not cover the use of cookies by any advertisers.

PRIVACY POLICY CHANGES

Although most changes are likely to be minor, State Of Creative llc. may change its Privacy Policy from time to time, and in State Of Creative’s sole discretion. State Of Creative llc. encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a cretoseal.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

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