Terms of Service

Last Updated: February 8, 2020

These Terms of Service govern your use of our website, centurica.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”). The Website is owned and operated by Centurica, LLC.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms of Service, along with our Privacy Policy, any mobile license agreement(s), and other posted guidelines within our Website (collectively “Legal Terms”) constitute the entire and only agreement between you and Centurica, LLC, and supersede all other agreements, representations, warranties and understandings with respect to our Website. We reserve all rights that are not expressly granted under the Legal Terms.

We may amend our Terms of Service at any time without specific notice to you. The date of the last update is at the top of this page. If you continue visiting our Website after any revisions of our Legal Terms are posted, that constitutes your acceptance of the revisions.

By visiting our Website, you agree to fully comply with and be bound by our Legal Terms. Please review them carefully. If you do not accept our Legal Terms, do not access and use our Website.

Definitions

The terms “us” or “we” or “our” refers to Centurica, LLC.

A “Visitor” is someone who merely browses our Website, but has not registered as Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as “Content”.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. Centurica , LLC reserves the right to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our Website contains our service marks and trademarks as well as those of our affiliates or other companies. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international IP conventions. The copying or redistribution by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website or associated intellectual property.

DMCA Policy

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Website if such claims are reported to [email protected]

If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

  1. Identify the copyrighted work that you claim has been infringed.
  2. Identify the material or link you claim is infringing.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of your report:
    “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
    “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  1. Provide your full legal name and your electronic or physical signature.

Users’ Obligations

By visiting this Website, you represent and agree that:

  1. You are 18 years of age or older. You have a full capacity to enter into a legally binding agreement, such as these Terms.
  2. If purchasing anything, you are responsible for ensuring your payment method is valid. You will pay as agreed using only payment methods which you are authorized to use. You will not use false identity.
  3. You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
  4. If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
  5. You will ask for our permission before copying anything from our Website for republication.
  6. You will not use our Website for anything illegal.
  7. We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
  8. Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Website.
  9. You will not impede the proper functioning of the Website.

Confidentiality

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

Disclaimer of Warranty; Limitation of Liability

  1. EVERYTHING WE PROVIDE ON THIS WEBSITE IS ON AN “AS IS” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE.
  2. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

Arbitration

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Missoula, MT. The arbitration shall be governed by the laws of the State of Montana. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Website, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.

Links to Other Websites

Our Website may contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not imply an affiliation with such third party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third party websites. Centurica, LLC has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Relationship of the Parties

You and us are in an independent contractor relationship with respect to each other. That means that there is no partnership, joint venture, employer/employee or any similar arrangement. We have the right, at our sole discretion, to assign or subcontract our rights or obligations outlined in our Legal Terms.

 Communications

You agree that we can communicate with you electronically, via SMS, push notifications, email or phone calls. All electronic communications shall have the same legal force as if they were in paper form.

Products or Services Provided

Products or Services provided by Centurica will be subject to the General Terms of Service (preview here).

General Terms

These Terms of Service shall be governed by the laws of Montana, without regard to its conflict of law principles that would result in application of any other law. In addition, you agree to submit to the personal jurisdiction and venue of courts located in Missoula, MT. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of Centurica, LLC under our Legal Terms shall survive the termination of our Legal Terms. If there are any inconsistencies or conflicts between the English original of our Legal Terms and any foreign language translation, the English version shall prevail.