TERMS AND CONDITIONS
- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR (THE “USER”) RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO THE USER. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, THE USER AFFIRMS THAT THEY ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND USER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS. USER AFFIRMS THAT IF THEY PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, USER HAS THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
USER MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF THEY (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH CRA TODAY LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these "Terms") apply to the purchase and sale of services through cratoday.com (the "Site") and offered by Linda Ezuka and CRA Today LLC, a Limited Liability Company registered under the laws of the State of Hawaii (collectively referred to herein as “CRA Today”). These services include the subscription service to the CRA Hub (the “Hub”) and on-demand training (the “Training” or “Trainings”) offered on the Site. These Terms are subject to change by CRA Today without prior written notice at any time, in CRA Today’s sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. User should review these Terms prior to purchasing any product or services that are available through this Site. User’s continued use of this Site after the "Last Updated Date" will constitute their acceptance of and agreement to such changes.
- Definitions. For the purposes of these Terms:
(a) “Confidential Information” includes, but is not limited to, all information belonging to CRA Today LLC and not generally known to the public, relating to business processes, practices, policies, plans, publications, documents, research, operations, services, strategies, techniques, agreements, trade secrets, records, vendor information, financial information, as well as any information that is marked or otherwise considered by CRA Today LLC as confidential or proprietary.
(b) “Content” refers to all materials and content offered and provided in the Hub and Trainings, whether audiovisual or written.
(c) “CRA Today” collectively refers to CRA Today LLC, a Limited Liability Company registered under the laws of the State of Hawaii and Linda Ezuka, founder and sole member of CRA Today LLC.
(d) “Hub” refers to the CRA Hub, the membership subscription service offered on the Site and by CRA Today.
(e) “Service” or “Services” collectively refers to the Hub and Training or Trainings.
(f) “Site” refers to the website, cratoday.com.
(g) “Terms” refers to these Terms and Conditions.
(h) “Training” or Trainings” refers to the on-demand training services offered on the Site and by CRA Today.
(i) “User” refers to the individual accessing or using the Services, or the company, or other legal entity on behalf of which such individual is accessing or using the Services, as applicable.
- Order Acceptance and Cancellation. User agrees that their order is an offer to buy, under these Terms, all products and services listed in their order. All orders must be accepted by CRA Today or CRA Today will not be obligated to sell the products or services to User. CRA Today may choose not to accept orders at its sole discretion.
- Prices and Payment Terms. Payment for the Hub must be paid either monthly or annually. Payment for the Trainings is a one-time payment. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. CRA Today strives to display accurate price information; however, CRA Today may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. CRA Today reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Terms of payment are within CRA Today’s sole discretion. If User is paying by credit card, User represents and warrants that (i) the credit card information User supplies to CRA Today is true, correct and complete, (ii) User is duly authorized to use such credit card for the purchase, (iii) charges incurred by User will be honored by User’s credit card company, and (iv) User will pay charges incurred by User at the posted prices, regardless of the amount quoted on the Site at the time of User’s order.
- Access to the Hub. Unless otherwise indicated, User’s access to the Hub shall automatically renew on a monthly or annual basis, depending upon whether User is making payment on a monthly or annual plan. If User subscribed to payment on a monthly basis, User will automatically be charged for the monthly fee, on a continuous basis, every thirty (30) days. If User subscribed to payment on an annual basis, User will be charged for annual fee on or around the calendar date that they bought the subscription service to the Hub. User acknowledges and agrees that the purchase of a subscription service to the Hub does not give the User access to any consulting one-on-one services. Any such service must be separately purchased by the User.
- Access to Trainings. Unless otherwise indicated, User’s access to each Training shall expire six (6) months after the date it is initially purchased. Unlike access to the Hub, the User’s access to the Trainings shall not automatically renew. User acknowledges and agrees that the purchase of a Training does not give the User access to any consulting one-on-one services. Any such service must be separately purchased by the User.
- Cancellation Policy. User may receive access to the Hub or to each Training for a trial period of fifteen (15) days. If User does not cancel their purchase of the Hub or Training before the trial period of fifteen (15) days is over, User may not receive a refund for their purchase.
- License to Use Likeness, Image, and Recordings. User agrees that as a condition of participation in the Hub or Trainings, CRA Today shall own a nonexclusive, perpetual, and irrevocable right and license to record and use images, video, and audio of the User’s name, likeness, image, and voice. CRA Today shall own a nonexclusive, perpetual, and irrevocable right and license to record and use any images, video, audio, or content voluntarily shared by the User. Any images, video, audio, or content voluntarily shared by the User may be used by CRA Today for the purposes of making, providing, advertising, promoting, marketing, selling, and otherwise commercializing CRA Today’s Services.
- Disclaimers. User acknowledges and agrees to the following disclaimers:
(a) CRA Today is not an employee, lawyer, agent, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. User understands that all information, material, and content provided in the Hub and Trainings is provided solely for educational purposes and is not intended to qualify as legal advice. CRA Today does not warrant that the information, material, and content provided in the Hub and Trainings is the official understanding of the federal government or any state or local government with regard to the Community Reinvestment Act (“CRA”) and related federal regulations and guidelines. CRA Today does not warrant that the information, material, and content provided in the Hub and Trainings is the most recent and up-to-date understanding of the CRA and related federal regulations and guidelines.
(b) All information, material, and content provided in the Hub and Trainings is offered as general information and is not tailored to or specific to any particular bank or regulator. CRA Today does not intend to provide legal advice to any particular bank or regulator.
- Intellectual Property Ownership. All materials and content offered and provided in the Hub and Trainings, whether audiovisual or written (the “Content”), is copyrighted and the intellectual property of CRA Today. The Content provided to the User is for their individual use only under a single-user license. User is not authorized to use any of CRA Today’s intellectual property for their business purposes. All intellectual property, including CRA Today’s copyrighted audiovisual or written content and course materials, shall remain the sole property of CRA Today. No license to sell or distribute CRA Today’s materials is granted or implied. By purchasing this service, User agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by CRA Today is confidential and proprietary, and belongs solely and exclusively to CRA Today, (3) not to disclose such Confidential Information to any other person or use it in any manner other than in discussion with CRA Today. Further, by purchasing this service, User agrees that if they violate, or display any likelihood of violating, any of their agreements contained in this paragraph, CRA Today will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations, and/or any other forms of relief at law or equity as may be available as well as terminating User’s rights to continue to participate in the Hub or Trainings.
- Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of any party to these Terms to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
- Limitation of Liability. User agrees that they will use CRA Today’s Services at their own risk and that the Hub and Trainings are only an educational service being provided. User releases CRA Today, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, participants, and related entities from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from User’s participation in the Hub or Trainings. User accepts any and all risks, foreseeable or unforeseeable. User agrees that CRA Today will not be held liable for any damages of any kind resulting or arising from including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of CRA Today’s Services or participation in the Hub or Trainings. CRA Today assumes no responsibility for errors or omissions that may appear in any of the Hub or Trainings materials and content.
- Assignment. User agrees not to assign these Terms without express written consent of CRA Today.
- Termination. By purchasing this service, User agrees that CRA Today may, at its sole discretion, limit, suspend, or terminate their participation in the Hub or Trainings without refund or forgiveness of payments if User becomes disruptive to the Hub or Trainings or other participants, User fails to follow the Hub or Trainings guidelines, User is difficult to work with, User appears likely to impair the participation of or violate the confidentiality of the other participants in the Hub or Trainings, or if User otherwise violates the terms as determined by CRA Today. User will still be liable to pay the total payment amount.
- Indemnification. User will defend, indemnify, and hold harmless CRA Today and its members, officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of CRA Today’s Services, excluding, however, any such expenses and liabilities which may result from a breach of these Terms or sole negligence or willful misconduct by CRA Today, or any of its shareholders, trustees, affiliates or successors. User will defend CRA Today in any legal actions, regulatory actions, or the like arising from or related to these Terms. User recognizes and agrees that all of CRA Today’s owners, , affiliates and successors shall not be held personally responsible or liable for any actions or representations of CRA Today. In consideration of and as part of User’s payment for the right to participate in the Hub or Trainings, User, User’s heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge CRA Today and its members, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Hub or Trainings.
- Duty to Read. User accepts User has a duty to read these Terms and has done so. Furthermore, User understands and accepts that User is precluded from using lack of reading as a defense against all remedies contained herein.
- Non-Disparagement. The parties to these Terms agree that they shall not make any disparaging statements regarding each other, other participants, or any related entities, agents, management, employees or principals of any party and shall not take any other action which is designed to, intended to, or might have a detrimental effect on the business or operation of each other, their public image or reputation or relations with customers, employees, vendors, investors, business associates, parent or the public.
- Force Majeure. In the event that CRA Today is unable to perform its obligations under these Terms because of acts of God, strikes, equipment or transmission failure or damage reasonably beyond its control, the COVID pandemic, any commercial or governmental restrictions in place due to the COVID pandemic or other epidemics or changes in laws or regulations, or other causes reasonably beyond its control, CRA Today shall not be liable for damages to the User for any damages resulting from such failure to perform or otherwise from such causes.
- Choice of Law and Jurisdiction. User hereby expressly agrees to waive any right to trial before a jury or judge in a court of law and to present such claim only through binding arbitration to occur in the State of Hawaii, in accordance with the procedural rules of the American Arbitration Association in force at the time, and in accordance with the substantive rules of the State of Hawaii without reference to the conflicts of laws principles thereof. User further agrees to and does hereby waive any right to class arbitration and agrees, instead, to conduct an arbitration related solely to any individual claims User and/or any entity related to User asserts against CRA Today. To the fullest extent permissible by law, User further agrees that User shall be responsible for all costs associated with initiating or administrating the arbitration.