Terms of Use

CRUSHER™TV TERMS OF USE

Cancel any time to avoid future billing. Given the steep discount given, full-year membership is non-refundable, although you can opt out of Crusher™TV emails at any time.

Thank you for joining the Crusher™TV community! These Terms of Use (“Terms“) govern your membership in Crusher™TV (“Crusher™TV,” “us,” and “we“).

As a member of Crusher™TV you agree to be bound by these Terms, and you are representing that you have the authority and capacity to form a contract with Crusher™TV and its parent, Crusher Solutions, LLC.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS AND REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

IF YOU JOIN CRUSHER™TV FOR A TERM (THE “INITIAL TERM”), THEN THE TERMS WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT CRUSHER™TV’S THEN-CURRENT FEE FOR SUCH SERVICES UNLESS YOU DECLINE TO RENEW YOUR MEMBERSHIP IN ACCORDANCE WITH TERMS BELOW. ANNUAL MEMBERSHIPS CANNOT BE REFUNDED EITHER IN FULL FOR FOR ANY PORTION OF THE TERM AFTER CANCELLATION.

General Payment Terms.

You agree to pay all fees or charges in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.  You must provide Crusher™TV with a valid credit card or PayPal account (“Payment Provider”).  Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the terms to determine your rights and liabilities.  By providing Crusher™TV with your credit card number or PayPal account and associated payment information, you agree that Crusher™TV is authorized to immediately invoice your Account for all fees and charges due and payable to Crusher™TV hereunder and that no additional notice or consent is required.  You agree to immediately notify Crusher™TV of any change in your billing address or the credit card or PayPal account used for payment hereunder.  Crusher™TV reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by email delivery to you. All payment will be in U.S. dollars.

Automatic Renewal.

Your membership will continue indefinitely until terminated in accordance with the Terms.  After your initial membership period, and again after any subsequent membership period, your membership will automatically commence on the first day following the end of such period (each, a “Renewal Commencement Date”) and continue for an additional equivalent period, at Crusher™TV’s then-current price for such membership.  You agree that your membership will be subject to this automatic renewal feature unless you cancel your membership at any time prior to the Renewal Commencement Date by logging into your account at www.CrusherTV.com and going to the “Account” page.  By joining, you authorize Crusher™TV to charge your Payment Provider now, and again at the beginning of any subsequent membership period.  Upon renewal of your membership, if Crusher™TV does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Crusher™TV may either terminate or suspend your membership and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your membership will be reactivated and for the purposes of automatic renewal, your membership commitment period will begin as of the day payment was received).

Free Trials and Other Promotions.

Any free trial or other promotion that provides Users with access to Crusher™TV must be used within the specified time of the trial.  At the end of the trial period, and your initial membership period will begin in accordance with the terms of this Section, unless you cancel your free trial by logging into your account at www.CrusherTV.com and going to your Account page.  If you cancel your free trial or other promotion, your use of Crusher™TV will expire at the end of the free trial and any further use of Crusher™TV is prohibited unless you pay the applicable membership fees.

Third Party Sites & Ads.

The Site might contain links to third party websites and third party advertisements (collectively, “Third Party Sites & Ads“).  Crusher™TV does not control or endorse, and is not responsible for, Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk.  When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply. YouTube is a Third Party Site and Ad.

Termination.

We reserve the right to modify, suspend or end the Service, or suspend or terminate your membership, at any time, with or without cause, and with or without notice.  Upon termination of your membership, your right to access and use the Service will terminate immediately and we may delete your User Content, without any liability to you.

Restrictions and Ownership.

The rights granted to you are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; and (c) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  All copyright and other proprietary notices on any Service content must be retained on all copies thereof.  You agree not to: (i) use or launch any automated system, including “robots,” “spiders,” or “offline readers,” on the Service; (ii) collect or harvest any information from the Service; (iii) use the Service for any commercial solicitation purposes; (iv) violate any applicable laws; or (v) transmit computer viruses, worms, or any software intended to damage or alter a computer system or data onto the Service. Excluding your User Content, you acknowledge that all the IPR in the Service are owned by Crusher Solutions, LLC or its licensors. The provision of the Service does not transfer to you or any third party any rights, title or interest in or to such IPR. Crusher™TV and its licensors reserve all rights not granted in these Terms. If you provide Crusher™TV any feedback (“Feedback“), you hereby assign to Crusher™TV all right, title and interest in the Feedback and agree that Crusher™TV may freely use such Feedback. Copyright © 2015, Crusher™TV. All rights reserved. You are not permitted to use any trademarks, logos, and service marks on the Service without our prior written consent or the consent of the applicable third party owner thereof.

Indemnity.

You agree to defend, indemnify and hold harmless Crusher™TV and Crusher Solutions, LLC from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to (a) your use of the Service, (b) our Content, (c) your interaction with any other User, or (d) your violation of these Terms or any applicable laws.

WARRANTY DISCLAIMERS, OTHER DISCLAIMERS, AND RELEASE.

THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We make no warranties regarding the content, or any other products or services provided by our guest experts and each of the foregoing are provided through us “AS IS.” IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

LIMITATION ON LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRUSHER™TV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CRUSHER™TV HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO CRUSHER™TV FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Changes to these Terms.

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.