ACCEPTANCE OF TERMS
Working Assets, Inc. and its subsidiaries, including CREDO Mobile, Inc. and CREDO
Long Distance (“CREDO”) provides online services (“Web Site” or “Site”) to you subject
time. Updates will be noted on the Web site. If you visit or shop on the Web Site,
you accept these terms. In addition, when using, registering and/or signing up for
particular CREDO services, you and CREDO shall be subject to any posted guidelines
or rules applicable to such services. All such guidelines or rules are hereby incorporated
by reference into the TOU.
PURPOSE OF WEB SITE
CREDO currently provides the Web Site “AS-IS” for the purposes of a) providing an
online journal of progressive news and opinion; b) distributing information about
CREDO products; and c) providing an online method whereby individuals may place
orders for such products.
We are constantly seeking to improve and enhance the Web Site, and, unless explicitly
stated otherwise, any new features that augment or enhance the current Web Site
shall be subject to the TOU. You understand and agree that the Web Site is provided
"AS-IS" and that CREDO assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings.
In order to use the Web Site, you must obtain access to the World Wide Web, either
directly or through devices that access web-based content, and pay any service fees
associated with such access. In addition, you must provide all equipment necessary
to make such connection to the World Wide Web, including a computer and modem or
other access device. Please be aware that to sign up for certain CREDO services,
including but not limited to telecommunications services, you must be at least 18
years of age and must meet any stated sign-up criteria.
CREDO reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Web Site (or any part thereof) with or without notice.
You agree that Credo shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Web Site.
When you visit the Web Site or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from CREDO electronically.
You agree that all agreements, notices, disclosures and other communications that
Credo provides to you electronically satisfy any legal requirement that such communication
be in writing.
On selected CREDO Web Sites, you will receive a password and account designation
upon completing the Web Site's registration process. You are responsible for maintaining
the confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a) immediately
notify CREDO of any unauthorized use of your password or account or any other breach
of security, and (b) ensure that you exit from your account at the end of each session.
CREDO cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
USE OF WEB SITE
In consideration of your use of the Web Site, you agree to use the Web Site as intended
by CREDO, and to refrain from any misuse of sites, services, and/or systems made
available by CREDO. Misuse of the Web Site includes but is not limited to any action
described in a-k below, or that compromises Credo’s sites, services, systems and/or
any information contained therein. Misuse of the Web Site will be prosecuted to
the fullest extent of the law.
You agree to not use the Web Site to:
- upload, post, email or otherwise transmit any content, including but not limited
to e-mail communication, information, data, text, software, music, sound, photographs,
graphics, video, messages or other material ("Content"), that is unlawful, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a CREDO employee,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content, including but not limited to e-mail commentary, transmitted through
the Web Site;
- upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email or otherwise transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of any
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas that are designated for
- upload, post, email or otherwise transmit any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
- interfere with or disrupt the Web Site or servers or networks connected to the
Web Site, or disobey any requirements, procedures, policies or regulations of networks
connected to the Web Site;
- access, collect or store personal data about other users; or
- engage in any conduct that in CREDO’s sole discretion restricts or inhibits any
other user from using or enjoying the Web Site.
You acknowledge that CREDO and its designees shall have the right (but not the obligation)
in their sole discretion to refuse or remove any Content that is available via the
Web Site. Without limiting the foregoing, CREDO and its designees shall have the
right to remove any Content that violates the TOU or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created or linked to by CREDO or submitted to CREDO.
You acknowledge and agree that CREDO may preserve Content and may also disclose
Content if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOU; (c) respond to claims that any Content violates the rights of third parties;
or (d) protect the rights, property, or personal safety of CREDO, its users and
You understand that the technical processing and transmission of the Web Site, including
your Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices.
You agree to indemnify and hold CREDO, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, representatives and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you submit, post to or transmit through the Web
Site, your use of the Web Site, your connection to the Web Site, your violation
of the TOU, or your violation of any rights of another.
The Web Site is provided for the use and enjoyment of visitors and registrants to
CREDO’s Web sites. You agree not to reproduce, duplicate, copy, sell, resell or
exploit for any commercial purposes, any portion of the Web Site, use of the Web
Site, or access to the Web Site.
You agree that CREDO, in its sole discretion, may terminate your password or use
of the Web Site, if CREDO believes that you have violated or acted inconsistently
with the letter or spirit of the TOU. CREDO may also in its sole discretion and
at any time discontinue providing the Web Site, or any part thereof, with or without
notice. You agree that any termination of your access to the Web Site under any
provision of this TOU may be effected without prior notice. Further, you agree that
CREDO shall not be liable to you or any third party for any termination of your
access to the Web Site.
DEALINGS WITH ADVERTISERS & MERCHANTS
Your correspondence or business dealings with, or participation in promotions of,
advertisers and/or merchants found on or through the Web Site, including payment
and delivery of related goods or Web Sites, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser and/or merchant. You agree that CREDO shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
as the result of the presence of such advertisers and/or merchants on the Web Site.
The Web Site may provide, or third parties may provide, references and/or links
to other World Wide Web sites or resources. Because CREDO has no control over such
sites and resources, you acknowledge and agree that CREDO is not responsible for
the availability of such external sites or resources, and does not endorse or sponsor
and is not responsible or liable for any TOU, Content, advertising, products, or
other materials on or available from such sites or resources. You further acknowledge
and agree that CREDO shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use
of or reliance on any such Content, goods or services available on or through any
such site or resource.
CREDO’S PROPRIETARY RIGHTS
All proprietary rights in the Web Site and any necessary software used in connection
with the Web Site or the Web site ("Software") are owned or licensed for use by
CREDO. This Web site is owned and operated by CREDO and except as otherwise specified,
CREDO owns all materials appearing on this Web site, including the text, site design,
logos, graphics, and images, as well as the selection, assembly and arrangement
thereof. You acknowledge and agree that the Web Site and Software contain proprietary
and confidential information that is protected by applicable intellectual property
and other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Web Site or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by CREDO or advertisers, you agree
not to copy, modify, rent, lease, loan, sell, distribute, display, perform or create
derivative works based on the Web Site or the Software, in whole or in part.
CREDO grants you a personal, non-transferable and non-exclusive right and license
to use the object code of its Software; provided that you do not (and do not allow
any third party to) copy, modify, display, distribute, create a derivative work
of, reverse engineer, reverse assemble or otherwise attempt to discover any source
code, sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Web Site. You agree not
to access the Web Site by any means other than through the interface that is provided
by CREDO for use in accessing the Web Site.
CREDO grants you permission to copy electronically and to print in hard copy portions
of the Content for (1) personal use if you maintain all copyright notices, trademark
legends and other proprietary rights notices, (2) using this Web Site as a personal
shopping resource, (3) communicating with CREDO about a CREDO product or service,
or (4) placing an order with CREDO. Any other use of materials on this site, including
reproduction for purposes other than permitted above, uploading, modification or
distribution, is prohibited with CREDO’s prior written permission.
GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. CREDO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- CREDO MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii)
THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CREDO OR
THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CREDO SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CREDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB
SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 13 AND 14 MAY NOT APPLY TO YOU.
Working Assets, CREDO, CREDO Mobile, CREDO Long Distance, CitizenLetter, Plastic
With Purpose, Fueling The Future, Flash Activist Network, ActForChange, GiveForChange,
ShopForChange, VolunteerForChange, WorkingForChange, RadioForChange, Where Every
Purchase is a Gift, Make Your Voice Heard, Making it Easy to Make a Difference,
Radio That Matters, News and Talk That Matter, all logos associated with Working
Assets, CREDO, CREDO Mobile, CREDO Long Distance, ActForChange, ShopForChange, and
VolunteerForChange, and other CREDO logos and product and service names are trademarks
of CREDO. (the "Marks"). Without CREDO’s prior permission, you agree not to display
or use in any manner, the Marks.
CREDO respects the intellectual property of others, and we ask our users to do the
same. If you believe that your work has been copied in a way that constitutes copyright
infringement, please contact us at
The TOU, along with terms and conditions provided to registrants and customers of
CREDO’s Web Sites and services, constitute the entire agreement between you and
CREDO and govern your use of the Web Site, superseding any prior agreements between
you and CREDO. You also may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or third-party software.
The TOU and the relationship between you and CREDO shall be governed by the laws
of the State of California without regard to its conflict of law provisions. You
understand and agree that, except for the right of either party to apply to a court
of competent jurisdiction for a temporary restraining order or preliminary injunction
to preserve the status quo or prevent irreparable harm pending the selection and
confirmation of an arbitrator, any dispute arising under or relating to these Terms
and Conditions shall be resolved through mediation and arbitration. You agree to
first try to resolve the dispute informally with the help of a mutually agreed upon
mediator. If the parties cannot agree on a mediator or fail to arrive at a mutually
satisfactory solution through mediation within 10 days following the commencement
of such mediation, the parties agree to submit their dispute to binding arbitration
of a single arbitrator in San Francisco, CA according to the rules of the American
Arbitration Association. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Web
Site or the TOU must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual