PRIVACY POLICY

Last Revised: 1 September, 2016
The following privacy policy (the “Privacy Policy”) outlines what information Cherre, Inc. (“Cherre,” “we” or “us”) may collect from users or our website www.cherre.com (“the “Website”), our related mobile device application (the “App”), and any other related content, features, content, materials, applications, widgets and/or online services offered by Cherre (collectively, the “Services”), and how we protect, use and disclose that information, and what choices you have about how that information is used and disclosed.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT ACCEPT THIS PRIVACY POLICY, DO NOT USE THE SERVICE. When you use the Services, you understand that Cherre may collect, use and disclose technical data and related information about you in various ways subject to the terms of the Privacy Policy.

We reserve the right, at our sole discretion, to modify or replace this Privacy Policy at any time in accordance with Section 10 (Changes to This Privacy Policy). If you have questions about this Privacy Policy, please contact us at the contact information listed in Section 12 below.

1. Eligibility Requirements

The Services are not intended for use by any individual under the age of 18. Users under 18 or any are not allowed to register with or use the Services.

Cherre does not knowingly collect or solicit Personal Information from anyone under the age of 13 or knowingly allow such persons to register on the Services. If we learn that we have collected Personal Information from anyone under the age of 13, we will delete that information.

2. Information We Collect

Upon registration with the Services, a user profile is developed to further customize the user’s experience. We collect certain personally identifiable information (collectively, “Personal Information”) you actively enter onto our online forms during registration or while using the Services.

2.1 Information We Collect From You

When you register on, or otherwise use the Services, we may collect information you provide via forms, surveys, applications or other online fields including:

  1. Name
  2. Date of birth
  3. Phone number
  4. Address (including zip code)
  5. Telephone and fax numbers
  6. Email
  7. Employment information
  8. License information
  9. Permits
  10. Insurance information (e.g., professional liability insurance)
  11. Billing information (including account numbers)
  12. Other financial information that you provide
  13. Real Estate Listing Information
  14. Client Information
  15. Username
  16. Password
  17. Device ID (when you use the App)

2.2 Login Through Third Party Websites

In some cases, we may allow you to login to the Services using your account on third party websites (e.g., Google) (a "Third Party Website"). If you login to the Services through a Third Party Website, we access and collect information about your use of the Third Party Website and information you provide to such Third Party Website. To the extent you and the Third Party Website allow, we may access your information that is publicly available to other users of the Third Party Website and all information you have provided to the Third Party Website, such as login email and other content information, friends lists, network statistics and updates regarding your Third Party Website account. We will notify you before we collect such information from such Third Party Website.

2.3 Cookies and Other Technology

To help us serve your needs better, we use "cookies" on the Site to store and sometimes track user non-Personal Information, such as your Internet Protocol address (“IP address”) and click tracking. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. A website can use cookies to recognize repeat users or track web usage behavior. Cookies work by assigning a number to the user that has no meaning outside of the assigning website. Please be aware that non-Personal Information and data may be automatically collected by virtue of the standard operation of Cherre’ computer servers or through the use of cookies. If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. There may, however, be some features of the Services which require the use of cookies in order to customize the delivery of information to you.

Users should be aware that Cherre cannot control the use of cookies (or the resulting information) by third parties. The use of third party cookies is not covered by our Privacy Policy. We do not have access or control over these cookies.

When you use the Site, we may also use web beacons to access our cookies. A web beacon is an electronic file on a web page that allows us to count users who have visited that page and to recognize users by accessing our cookies. Further, a web beacon can be used in HTML-formatted email to determine responses to our communications and measure their effectiveness. You can avoid web beacons by turning off HTML display and displaying only the text portion of your email.

Cherre does not track users across third party websites, and therefore does not use or respond to "do not track" signals in your web browser. However, some Third Party Websites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, certain website browsers allow you to set the “do not track” signal on your browser so that third parties (particularly advertisers) know you do not want to be tracked.

When you use the App, please note that the “limit ad tracking” or similar advertising-related privacy settings offered by device manufacturers do not change how your device is tracked by Cherre.

We may participate in behavioral-based advertising. This means that a third party may place a cookie on your browser, or use a web beacon, to collect information about your use of our Services so that they can provide advertising about products and services tailored to your interest. That advertising may appear either on our Services, or on other websites or apps. If you would like to opt-out from having the behavioral-based advertising companies with whom we have a relationship use your information for advertising purposes you can do so by visiting the Network Advertising Initiative or Digital Advertising Alliance.

We may also use services hosted by third parties, such as Google Analytics, a web analytics service provided by Google, Inc. (“Google”), to assist in providing the Services. Google Analytics uses cookies to help us analyze how users use the Services. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to, and stored by, Google on their servers. Google will use this information for the purpose of evaluating your use of the Services, compiling reports on website activity for us and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of the Services. By using the Services, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

2.4 Location Information when using the App

If you have provided permission through your device when using the App, Cherre may obtain pinpointed physical location information from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for Cherre to acquire pinpointed location information from your device through your device settings. The App can use the geo-location features (GPS or network-based) to support your use of location-based tools.

3. How We Use Your Information
3.1 To Provide the Services

We use the information that we collect from you to provide you with the Services, support and enhance your use of the Services, allow you to evaluate your eligibility for such products or services, to monitor which features of the Services are used most and to allow us to determine which features we need to focus on improving. If you choose to provide us with Personal Information, you consent to the transfer and storage of that information on our servers located in the United States.

When you register online on the Service, you may be given the option of receiving periodic informational/promotional mail or email from Cherre. You choose whether or not to receive correspondence when you provide this information or by changing your preferences within your registration profile at any time.

We use non-Personal Information collected from users of the Services in the aggregate, so that we can improve the Services and for business and administrative purposes.

3.2 Diagnose Website Problems

Cherre uses your IP address to help diagnose problems with our computer server, and to administer the Services. Your IP address is also used to gather broad demographic data. It is not stored or linked to your personal profile information, such as name or contact information.

3.3 Service-related Announcements

We will send you strictly service-related announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email.

Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account.

3.3 Customer Service

We will communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. By providing a telephone number, you consent to us contacting you at that number for the purposes outlined in this Privacy Policy. You may revoke your consent to be contacted at any time by making the change on our user information page or by emailing us at support@cherre.com. We will use commercially reasonable efforts to respond to your access request within 30 days.

4. Our Disclosure of Your Information
4.1 Aggregated Data

Cherre may share aggregated usage and log data collected from users of the Services with third parties for industry analysis and demographic profiling, but such aggregated data will not include any Personal Information.

4.2 Third Party Service Providers

We may employ third party companies and individuals to facilitate our provision of the Service, to provide the Services on our behalf, provide customer support, perform Service-related services (e.g., maintenance services, database management, web analytics and improvement of the Services’ features) or to assist us in analyzing how our Services are used. These third parties may have access to your Personal Information, but only to the extent needed to perform these tasks on our behalf, and we will use commercially reasonable efforts to contractually require them to protect and safeguard your Personal Information to at least the same extent that we do under this Privacy Policy. If you choose to purchase merchandise, products and/or services, on or through features on the Service, we may forward your information to third parties for services such as credit card or other payment processing, order fulfillment, credit pre-authorization, and address verification. There are also times when you provide information about yourself to us in areas of the Services that may be managed or participated in by third parties. In such cases, the information may be used by us and by such third parties, each pursuant to its own policies. We may also provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While we will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, we do not bear any responsibility for any actions or policies of third parties.

4.3 Law Enforcement

Cherre cooperates with government and law enforcement officials, agencies and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials, agencies or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal processes (including but not limited to subpoenas), to protect the property and rights of Cherre or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical or legally actionable activity.

4.4 Business Transfers

In the event that all or a substantial portion of the assets, business or stock of Cherre are acquired by, merged with or transferred to another party, or in the event that Cherre goes out of business or enters bankruptcy, your Personal Information may be one of the assets that is transferred to or acquired by the third party. You acknowledge that such transfers may occur, and that any acquirer of Cherre or its assets may continue to use your Personal Information as set forth in this Privacy Policy. If any acquirer of Cherre or its assets will use your Personal Information contrary to this Privacy Policy, you will receive prior notice.

5. Accessing and Updating Your Personal Information and Preferences

If your Personal Information changes, or if you no longer desire our Services, or if you wish to update your preferences to receive email or other communications from us, you may correct, delete inaccuracies, or amend your Personal Information and preferences by making the change on our user information page or by contacting us at support@cherre.com. We will use commercially reasonable efforts to respond to your access request within 30 days. When you use the App, you may opt-out of receiving push notifications in your preferences registered on the App.

6. Retention of Personal Information

We will retain your Personal Information for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by law, or as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Security

It is our policy to protect your account information against unauthorized access or release. However, we cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet, and any information you transmit to Cherre you do at your own risk. We recommend that you use unique numbers, letters and special characters in your password and not disclose your password to anyone. If you do share your password or Personal Information with others, you are responsible for all actions taken in the name of your account. If your password has been compromised for any reason, you should immediately notify Cherre at support@cherre.com and change your password.

In addition, we have procedures that limit Cherre’ employees’ and contractors’ access to Personal Information. Only those employees and contractors with a business reason to know have access to such information. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, mandatory training programs, and internal policies on data privacy and corporate integrity. We take appropriate disciplinary measures to enforce employee privacy responsibilities.

When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We will not store your complete credit card information on our servers, but will only use an incomplete identifier (e.g., last four digits of your credit card number) to identify your account. Any complete credit card information you choose to provide in connection with your account will be stored and processed by our third party payment processing service providers.

8. Individual California Residents

California residents may choose to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes or choose to opt out of such disclosure. Our policy is not to disclose personal information collected online to a third party for directing marketing without your approval. To make a request or to opt out at any time, please contact us at support@cherre.com or the other contact information provided below. It is important to note that this opt-out does not prohibit disclosures made for non-marketing purposes.

9. Third Party Links

We may provide links to Third Party Websites, such as credit bureaus, service providers or merchants. If you follow links to sites not affiliated or controlled by Cherre, you should review their privacy and security policies and other terms and conditions. Cherre does not guarantee and is not responsible for the privacy or security of these sites, including the accuracy, completeness, or reliability of their information.

10. Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the email address specified in your account) or by means of a notice on this Website and in the Portals prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

11. Users Outside the United States

This Privacy Policy is intended to cover collection of information from residents of the United States. The Services and the services upon which the Services are hosted are located in the United States. Personal Information you submit using the Services will be transferred to and stored in the United States. By visiting the Services and submitting Personal Information, you authorize this transfer.








Terms of Use

Last Revised: 1 September, 2016
These Terms of Use (“Terms of Use”) govern your use of our website www.cherre.com (the “Website”), our related mobile device application (the “App”), and any other related content, features, content, materials, applications, widgets and/or online services (collectively the “Services”) offered by Cherre, Inc. (“Cherre” or “we” or “us”).

BY USING THE SERVICES, YOU ACCEPT ALL OF THE PROVISIONS OF THESE TERMS OF USE AND REPRESENT TO US THAT YOU ARE LEGALLY COMPETENT TO ENTER INTO AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN YOU ARE NOT AUTHORIZED TO USE ANY OF CHERRE’S SERVICES.

For purposes of these Terms of Use, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company, organization, physician network, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Use, and that you agree to these Terms of Use on the entity's behalf, and (c) your entity is legally and financially responsible for your use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.

Please review the following carefully so that you understand the terms of these Terms of Use. These Terms of Use describe your responsibilities, Cherre’s liability and the liability of third parties related to the Services. All users of Cherre’s Services must accept and comply with the terms and conditions set forth herein. Certain portions of the Service may be subject to additional terms and conditions specified by us from time to time; your use of the Service is subject to those additional terms and conditions. If you have any questions regarding these Terms of Use, please contact us via email at support@cherre.com. These Terms of Use include (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) a release by you of all claims for damage against us that may arise out of your use of the Services. By using any of THE SERVICES, you agree to THESE PROVISIONS.

1. ABOUT THE SERVICES
  1. The Service provides data-driven tools and services designed for use by real estate brokers, firms, agents, real estate service providers and similar stake holders.
  2. Our privacy practices in operating the Services are described in our Privacy Policy located at www.cherre.com/privacy (“Privacy Policy”). Please review the Privacy Policy to learn about:
    • what information we may collect about you;
    • what we use that information for;
    • what third-party information, if any, you are agreeing to share by using the Services;
    • with whom we share that information.

2. ACCOUNT REGISTRATION
  1. To register an account on the Services (a “User Account”), you must be a legal entity or person who is at least 18 years of age (or the age of legal majority in your jurisdiction). You do not need to create an account on the Services to visit the public pages of the Services. You may create a User Account by completing the registration process set forth on the Website. You are responsible for providing and maintaining current your accurate contact information (which may include name, email address, address and/or phone number), payment information, employer information, real estate license information and other account information. Telephone calls and email correspondence with Cherre may be recorded or monitored.
    Certain features of the Service will only be made available to If you are using the Services as a paying subscriber or as a professional real-estate agent, broker, firm, or real estate service provider (and you must indicate the appropriate description upon requesting access to the Service). Cherre reserves the right to request evidence of your identity and account information prior to permitting such functionalities to be provided through the Services. Notwithstanding the foregoing, Cherre may determine your eligibility to create an account on the Service in its sole discretion.
  2. You (and your authorized staff, if any) are the sole authorized user of your User Account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Cherre for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Cherre has no control over the use of your or any user’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will cease all use and contact Cherre immediately by emailing support@cherre.com.

3. TERMS APPLICABLE TO THE SERVICES
  1. License to Use Services. Subject to your compliance with these Terms of Use, Cherre hereby grants to you, a personal, nonexclusive, nontransferable, revocable, limited license (without the right to sublicense) to access and use the Services (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely on computers and devices that you own or control, and subject to the limitations set forth below. These Terms of Use are limited to the intellectual property rights of Cherre and its affiliates and licensors and do not include any rights to other patents or intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Use. The limited rights granted to you to access and use the Services comprise a limited license and do not constitute the sale of any software program.
    The following terms and conditions apply to you only if you acquired the App from Apple, Inc. (“Apple”) via the Apple App Store (“App Store”). To the extent the other terms and conditions of the Terms of Use are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the App Store. You acknowledge and agree that these Terms of Use are solely between you and Cherre, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use. You and Cherre acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You and Cherre acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Cherre, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You must comply with applicable third party terms of agreement when using the App. You and Cherre acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use as they relate to your license of the App, and that, upon your acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
  2. Use Restrictions.

    (a) You agree that: (i) you will not use the Services if you are not fully able and legally competent to agree to these Terms of Use; (ii) you will only use the Services for lawful purposes; (iii) you will not use the Services for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct; (iv) you will not use the Services to advertise, solicit or transmit commercial advertisements, including “spam”; (v) you will not use the Services to cause nuisance, annoyance or inconvenience; (vi) you will not impair the proper operation of the network; (vii) you will not try to harm the Services in any way whatsoever; (viii) you will not copy, or distribute the Services or other content without written permission from Cherre; (ix) you will only use the Services for your own use and will not resell it to a third party; (x) you will keep secure and confidential your account password or any identification we provide you which allows access to the Services; and (xi) you will provide us with whatever proof of identity we may reasonably request.

    (b) You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized in writing by Cherre. Except as specifically permitted herein or expressly authorized in writing by Cherre, you agree that you will not directly or indirectly: (i) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit the Services in any unauthorized manner, including but not limited to by trespass or burdening network capacity; (ii) use the Services in any service bureau arrangement; (iii) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify the Services, any updates, or any part thereof in any form or manner or by any means; (iv) harvest or scrape any content or data from the Service, or (v) permit any third party to engage in any of the acts described in clauses (i) through (iv).

    You further understand and agree that you are not permitted to: (w) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in the Services; (x) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of the Services, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Services); (y) use any means to discover the source code of any portion of the Services; or (z) otherwise circumvent any functionality that controls access to or otherwise protects the Services. Any attempt to do any of the foregoing is a violation of the rights of Cherre and its licensors. If you breach these restrictions, you may be subject to prosecution and damages. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Cherre is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using the Services.
  3. User Content License Grant. As a condition of your use of the Services, you hereby grant to Cherre a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through the Services (“Your Content”). By posting or submitting Your Content through the Services, including any publicly accessible blog, comments, property/neighborhood or other similar community page, or community forum we may make available (collectively “Forums”), you represent and warrant (a) that you own or otherwise control all of the rights to Your Content, including without limitation, all copyrights; (b) that Your Content is accurate; and (c) that use of Your Content does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through the Services, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE OR SERVICES, INCLUDING IN THE FORUMS.
  4. Your Data. For more information about how we may use and share your technical data and related information, including Your Content, please review the Privacy Policy located at www.cherre.com/privacy.
  5. Third Party Services and Materials.

    (a) Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Cherre is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Cherre does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

    (b) In addition, third party services and Third Party Materials that may be accessed from, displayed on or linked to from the Services are not available in all languages or in all countries. Cherre makes no representation that any third party services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.
  6. Notice of Infringement – DMCA Policy
    Anyone who believes that his or her work has been reproduced in the Service in a manner which constitutes copyright infringement may submit a notification to Cherre’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
    • identification of the copyrighted work that is claimed to be infringed;
    • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
    • information for our copyright agent to contact you, such as an address, telephone number, and, if available, email address;
    • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
    • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner;
    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
    If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Notices of copyright infringement claims should be sent by mail to: Cherre, Inc., Attn: Copyright Agent, 1460 Broadway, New York, NY 10023; or by email to legal@cherre.com. Cherre will respond expeditiously to claims of copyright infringement using the Service that are reported to Cherre’s copyright agent in the notification explained above. It is Cherre’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. If you believe that your User Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to Cherre’s Copyright Agent: (i) your physical or electronic signature (with your full legal name); (ii) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (iv) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
    If a counter-notice is received by Cherre’s Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the counter-notice, at Cherre’s sole discretion.
    Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
    Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

4. Disclaimer of Warranties & Limitation of Liability.
  1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY MATERIALS, THIRD PARTY SOFTWARE OR SERVICES) ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHERRE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE (INCLUDING THE USE, PERFORMANCE AND SUPPORT THEREOF), EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTERFERENCE WITH ENJOYMENT, COMPLETENESS, INTEGRATION, FREEDOM FROM DEFECTS OR DISABLING DEVICES, UNINTERRUPTED USE AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING OR USAGE OF TRADE. CHERRE DOES NOT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE, (C) THAT THE SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE, OR (D) DEFECTS IN THE SERVICES WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY Cherre OR ITS AUTHORIZED AGENTS WILL NOT BE DEEMED TO CREATE ANY WARRANTY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHERRE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL CHERRE BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OF USE OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS OF USE AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF CHERRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. CHERRE’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF FIVE HUNDRED DOLLARS ($500.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  3. You agree that the above limitations of liability together with the other provisions in these Terms of Use that limit liability are essential terms of these Terms of Use and that Cherre would not be willing to grant you the rights set forth in these Terms of Use but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Cherre to grant you the rights set forth in these Terms of Use.
  4. By entering into these Terms of Use and using the Services, you agree that you shall defend, indemnify and hold Cherre, its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms of Use or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; or (d) your negligence or willful misconduct.

5. Ownership.
  1. The Services and their content, including their “look and feel” (e.g., text, graphics, images and logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that Cherre and/or its licensors own all right, title and interest in and to the Services (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto) and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of Cherre’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Terms of Use. You acknowledge and agree that the features and functionality of the Services, and all software, content, data, information and materials contained therein are the confidential and proprietary information of Cherre (or its licensors), and accordingly you agree to (a) maintain the confidentiality of such information using reasonable efforts and care (but in no event less than the same efforts and care you use to protect your own confidential and proprietary information) and not disclose such information to any third party without the prior written consent of Cherre, and (b) only use such information for the purposes of using the Services provided by Cherre hereunder.
  2. Any and all (a) suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to Cherre by you (collectively “Feedback”), and all (b) improvements, updates, modifications or enhancements, whether made, created or developed by Cherre or otherwise relating to the Services (collectively, “Revisions”), are and will remain the property of Cherre. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Services or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of Cherre and Cherre may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Cherre any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At Cherre’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.

6. ARBITRATION AND CLASS ACTION WAIVER.

This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.

  1. Informal Process First. You agree that in the event of any dispute between you and Cherre, you will first contact Cherre and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
  2. Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Cherre’s services and/or products, including the Services, or relating in any way to the communications between you and Cherre or any other user of the Services, except for disputes relating to the infringement of Cherre’s intellectual property rights, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Cherre. However, this arbitration agreement does not (a) govern any Claim by Cherre for infringement of its intellectual property or access to the Service that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt-out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Service by following the procedure described below.

    Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolve by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Cherre are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

    If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Cherre, Inc., Attn: Boaz Rahav, 1460 Broadway, New York, NY 10023. The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

    The number of arbitrators will be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. New York law will apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

    Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Service on behalf of an entity, we will reimburse your fees for claims totaling less than ten thousand dollars ($10,000), unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

    The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.

    Opt-Out: If you do not want to arbitrate disputes with Cherre and you are an individual, you may opt-out of this arbitration agreement by sending an email to legal@cherre.com within thirty (30) days of the first of the date you access or use the Service.

    Class Action Waiver
    To the fullest extent permitted by applicable law, you and Cherre each agree that ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. If for any reason a claim proceeds in court rather than in arbitration, you and Cherre each waive any right to a jury trial. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

    If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

    IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND CHERRE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

7. GENERAL PROVISIONS
  1. Modifications. We may modify these Terms of Use at any time. Modifications become effective immediately upon your first access to or use of the Services after the “Last Revised” date at the top of these Terms of Use. If we make changes that are material, we may use reasonable efforts to attempt to notify you, including by email or placing a prominent notice on the first page of the Website. However, it is your sole responsibility to review the Terms of Use from time to time to view any such changes. Your continued access or use of the Services after the modifications have become effective will be deemed your conclusive acceptance of the modified Terms of Use. If you do not agree with the modifications to the Terms of Use, then please do not access or use the Services.
  2. Termination. If you breach any of the terms of these Terms of Use, all licenses granted by Cherre, including permission to use the Services, will terminate automatically. Additionally, Cherre may suspend, disable, or delete your User Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Cherre deletes your User Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of User Account deletion for any reason, Cherre may, but is not obligated to, delete any of Your Content. Cherre shall not be responsible for the deletion of (or failure to delete) Your Content. All sections which by their nature should survive the termination of these Terms of Use shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Cherre or you. Termination will not limit any of Cherre’s other rights or remedies at law or in equity.
  3. Export Laws. You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Cherre hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.
  4. U.S. Government Restricted Rights. The Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
  5. Taxes. You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms of Use by any authority.
  6. Injunctive Relief. You agree that a breach of these Terms of Use will cause irreparable injury to Cherre for which monetary damages would not be an adequate remedy and Cherre shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
  7. Miscellaneous. These Terms of Use may not be modified except by a writing executed by the duly-authorized representatives of Cherre. No other act, document, usage or custom will be deemed to modify or amend these Terms of Use. These Terms of Use will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Use and the licenses granted hereunder may be assigned by Cherre but may not be assigned by you without the prior express written consent of Cherre. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Use due to any cause beyond the reasonable control of the party invoking this provision, the affected party's performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Use but are for convenience only. You and Cherre agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Use. The AAA Rules and the laws of the state of New York, excluding its conflicts of law rules, govern these Terms of Use and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
    Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
  8. Contact Us. You may contact us regarding the Services or these Terms of Use at Cherre, Inc., 1460 Broadway, New York, NY 10023 or by email to support@cherre.com. These Terms of Use sets forth the entire understanding of the parties with respect to the matters contained herein and there are no promises, covenants or undertakings other than those expressly set forth herein.

8. Contact us

If you have questions or concerns regarding this Privacy Policy, you should contact us at:
Cherre, Inc.
Attention: Boaz Rahav
1460 Broadway
New York, NY 10023
support@cherre.com