1.) Scope of terms and conditions of
use
These terms and conditions apply to your use of all of the
sites and services owned or operated by CragStone, and
affiliated companies (collectively "CragStone," or "we,"
"us," or "our"), including CragStone.com, or any other site
that we have owned or operated, do own and operate or may
own or operate in the future (collectively, the "CragStone
sites”). Unless we say otherwise, all references to the
CragStone sites in these terms and conditions include all
such sites. These terms and conditions do not apply to your
use of unaffiliated sites to which any of the CragStone
sites only links.
Please read the following terms and conditions relating to
your use of this site carefully. By checking your acceptance
of the terms and conditions, or by using this site, you are
deemed to have agreed to these terms and conditions of use.
We reserve the right to modify them at any time. You should
check these terms and conditions periodically for changes.
By using this site after we post any changes to these terms
and conditions, you agree to accept those changes, whether
or not you have reviewed them. If at any time you choose not
to accept these terms and conditions of use, please do not
use this site.
2.) General
These terms and conditions apply only to the CragStone
sites, and not to the sites of any other companies or
organizations, including those to which any of the CragStone
sites may link. We are not responsible for the availability
of any other site to which any of the CragStone sites links.
We do not endorse or take responsibility for the contents,
advertising, products or other materials made available
through any other site. Under no circumstances will we be
held responsible or liable, directly or indirectly, for any
loss or damage that is caused or alleged to have been caused
to you in connection with your use of, or reliance on, any
content, goods or services available on any other site. You
should direct any concerns to that site's administrator or
webmaster.
2.1) Links
CragStone.com contains links to third-party Web sites. We do
not control, investigate, monitor or check such Web sites,
nor are we responsible for the computer programs available
from, content in or opinions expressed at such Web sites. We
provide such third-party links as a convenience to visitors
of the site, and the inclusion of a link does not imply
approval or endorsement of the linked site by us. If you
decide to leave the site and access any third-party Web
site, you do so at your own risk.
CragStone makes no representation whatsoever about any other
website which you may access through CragStone.com. You
understand that when you access a non-CragStone website
through CragStone.com, including any customer portfolio
site, it is independent from CragStone. CragStone acts as a
passive conduit for the unfiltered online distribution and
publication of content and does not attempt to control the
content that you shall receive or view. By its very nature,
other people's content may be offensive, harmful or
inaccurate, and in some cases, may be mislabeled or
deceptive. CragStone disclaims control over or
responsibility or liability for the content on any other
person's website posted or distributed on or through the
CragStone sites.
2.2) Restrictions on use of
materials
You may not modify, copy, publish, display, transmit, adapt
or in any way exploit the contents of CragStone sites. Only
if you obtain prior written consent from us – and from all
other entities with an interest in the relevant intellectual
property – may you publish, display or commercially exploit
any material from the CragStone sites. To seek our
permission, you may email us at permissions@CragStone.com.
If permission is granted by us and by all other entities
with an interest in the relevant intellectual property, you
may not change or delete any author attribution, trademark,
legend or copyright notice.
You must abide by all additional copyright notices or other
restrictions contained in any CragStone sites and any linked
sites.
3.) Contracts
By clicking on an "accept" or similar button on a CragStone
site, you acknowledge that you have read, accepted and
agreed to be bound by the terms of this agreement with the
same force and effect as if this agreement were set forth in
a written document that had been duly signed and physically
delivered by you and CragStone, and this agreement becomes
effective when you do so.
You represent and warrant to and agree with CragStone as
follows: The information you provide as part of the purchase
process or otherwise shall be, at the time provided,
accurate and complete. You have carefully read this
agreement.
CragStone reserves the right to refuse any customer,
advertiser or advertisement.
3.1) Basic Ordering Agreement
(BOA)
This Basic Ordering Agreement is made and entered into
effective on the below signed date by and between CragStone
(Consultant) with its principal place of business at 3717
North Wayne Avenue, Suite 200, Chicago, IL 60613.
In this Agreement, the party who is contracting to receive
services shall be referred to as "Client", and the party who
will be providing the services shall be referred to as
"Consultant".
Consultant has a background in required services and is
willing to provide services to Client based on this
background.
Client desires to have services provided by Consultant.
Therefore, the parties agree as follows:
1. DESCRIPTION OF SERVICES. Consultant will provide the
following services (collectively, the "Services"):
Technical, Programming, Creative Design and Consulting on
technical and business concerns surrounding Client's
business.
a.) SCOPE OF WORK
All Work Orders placed hereunder shall reference the number
of this BOA (Agreement No.) and have assigned a Work Order
number for reference to work being performed in accordance
to work matching the description of the assigned Work Order.
Two types of “Work Order” and one "Change Order" are to be
used as the guiding instruments in performing work under
this Agreement. The Work Orders are named and described as
follows:
a) "Project Work Order" - A written request for specific
assignments of work to be performed by Consultant as
identified by an assigned Work Order number; the original
contract and scope of work.
(i) "Change Order" - A written request that alters the
Project Work Order through modifications or adjustments of
specific issues being addressed. Project Work Order areas
not modified remain the same as in the original order.
Changes will also systematically alter the estimate of time
and fees accordingly. Finished, revised and approved
document will become the effective "Project Work Order."
b) "Spot Work Order" - A standing order that allows a Client
to request work outside of the scope of the current Project
Work Order in process. This type of Work Order allows
Consultant to channel Client requests for small amounts of
time. Appropriate uses for a Spot Work Order include
non-project-specific Client requests such as research on a
subject, review of materials, general advisement or phone
conferences, and other related requests that are outside of
the ongoing specific Project Work Order(s) in place.
The Consultant agrees to perform the work as defined by the
Project Work Order during the term of this Agreement. The
Consultant's obligation to the Client shall become effective
upon acceptance of particular Work Orders and Change Orders
issued under the Agreement.
Each Work Order will include the following information from
Client:
a) Detailed description of the work to be performed
b) Requested dates for completion
c) Key Client contact person(s) for completion of the Work
Order and sign-off authorization on completed work phases.
d) Time lines with the deliverables required from both
parties and the order in which deliverables must be received
in order to continue Work Order job flow.
e) Approved time and monetary budget for work
f) The original Work Order number
g) Hourly rate for classification of work being performed
Consultant will collaborate with Client on the revision of
final Project Work Order and seek approval signature of
Client before work begins.
b.) TRANSFER OF MATERIALS AND INFORMATION
Consultant assumes all material and information provided by
Client to be qualified as accurate and that Client has the
legal rights to transfer and does transfer such rights of
use to Consultant. Consultant does not actively monitor,
verify, endorse or otherwise vouch for Client provided
materials and information.
2. FEES AND PAYMENT. Fees and payments are determined on a
Work Order basis. Upon termination of this Agreement,
payments under this paragraph shall cease; excepting,
however, that Consultant shall be entitled to payments for
periods or partial periods that occurred prior to the date
of termination and for which Consultant has not yet been
paid.
3. EXPENSE REIMBURSEMENT. Client shall pay all
"out-of-pocket" expenses as they relate to the project
through specific Work Orders. Such expenses will be due upon
receipt on a monthly basis. Typical expenses will include
travel and hotel as well as pre-approved expenditures
necessary for the progression and completion of project(s).
4. NEW PROJECT APPROVAL. Consultant and Client recognize
that Consultant's Services may include working on various
projects for Client. It shall be construed that Consultant
has approval to begin project work when presented with
appropriate and required signed Work Order prior to the
start of a project.
5. TERM/TERMINATION. This Agreement shall remain in force
until such time as there is proper termination by either
Consultant or Client. Such proper termination shall consist
of written notice by either party to the other party
informing them of the desire to terminate the specific Work
Order in force at the time. Additional notification will be
required to also terminate the BASIC ORDERING AGREEMENT
(BOA) which is the governing document to this contract.
6. RELATIONSHIP OF PARTIES. It is understood by the parties
that Consultant is an independent contractor with respect to
the work being performed, and not an employee of Client.
Client will not provide fringe benefits, including health
insurance benefits, paid vacation, or any other employee
benefit, for the benefit of Consultant.
7. EMPLOYEES. Consultant's employees, if any, who perform
services for Client under this Agreement shall also be bound
by the provisions of this Agreement. At the request of
Client, Consultant shall provide adequate evidence that such
persons are Consultant's employees.
8. INDEMNIFICATION. Client agrees to indemnify and hold
Consultant harmless from all claims, losses, expenses, fees
including attorney fees, costs, and judgments that may be
asserted against Consultant that result from the acts or
omissions of Client, Consultant, Consultant's employees, or
Contractors if any.
9. INTELLECTUAL PROPERTY. The following provisions shall
apply with respect to copyrightable works, ideas,
discoveries, inventions, applications for patents, and
issued patents (collectively, "Intellectual Property"):
a. Intellectual Property developed under contract. All
finalized deliverables provided by Consultant under this
Agreement shall, to the extent permitted under the United
States Copyright ct, be deemed a "work made for hire."
Client will have the rights to use any finished deliverables
in their finalized form. Source documents, such as program
source code, Photoshop files (.psd), Macromedia Flash source
files (.fla), or otherwise shall remain the sole property of
Consultant unless specified in approved Work Order.
b. Intellectual Property developed outside of contract. Any
intellectual property developed by Consultant or Client
outside of this contract will remain the property of the
developing parties with no claims made by the other for
ownership.
10. CONFIDENTIALITY AND DISCLOSURE. Client recognizes that
Consultant has and will have the following information:
Information considered proprietary relating to Client's
product either through business or technology means and
other proprietary information (collectively, "Information")
which are valuable, special and unique assets of Client and
need to be protected from improper disclosure.
In consideration for the disclosure of the Information,
Consultant agrees that Consultant will not at any time or in
any manner, either directly or indirectly, use any
Information for Consultant's own benefit, or divulge,
disclose, or communicate in any manner any Information to
any third party without the prior written consent of Client.
Consultant will protect the Information and treat it as
strictly confidential. A violation of this paragraph shall
be a material violation of this Agreement.
Furthermore, for purposes of this Agreement, confidential
information shall be defined to exclude information in the
public domain, information in the possession of the
Consultant prior to this Agreement, information that becomes
public domain by no action of the Consultant, and
information obvious to a person skilled in the art.
Consultant may use Client's confidential information only
for the purposes of rendering the services to Client as
outlined in this Agreement. Unless otherwise agreed to in
writing, between the parties to this Agreement, Consultant
shall not: reproduce, copy, divulge or use any confidential
information to be produced, copied, duplicated, divulged, or
used, except as expressly permitted above.
11. UNAUTHORIZED DISCLOSURE OF INFORMATION. If it appears
that Consultant has disclosed (or has threatened to
disclose) Information in violation of this Agreement, Client
shall be entitled to an injunction to restrain Consultant
from disclosing, in whole or in part, such Information, or
from providing any services to any party to whom such
Information has been disclosed or may be disclosed. Client
shall not be prohibited by this provision from pursuing
other remedies, including a claim for losses and damages.
12. CONFIDENTIALITY AFTER TERMINATION. The confidentiality
provisions of this Agreement shall remain in full force and
effect after the termination of this Agreement.
13. RETURN OF RECORDS. Upon termination of this Agreement,
Consultant and Client shall deliver to each other all
records, notes, data, memoranda, models, and equipment of
any nature that are in Consultant's or Client's possession
or under Consultant's or Client's control and that are
Client's or Consultant's property or relate to Client's or
Consultant's business.
14. WARRANTIES. a. WARRANTY AGAINST MATERIAL DEFECTS. For
the period from delivery to Client acceptance, Consultant
warrants deliverables free from errors and defects and to
materially conform to the specifications set forth in the
Work Order. If, during the term of this warranty, the Client
reasonably determines that the deliverables fail to perform
as specified, Consultants will make available resource to
remedy any defects at rates established in the Work Order.
The warranty contained in this Agreement will be null and
void if the Client fails to use deliverables in accordance
with intent or specifications.
b. WARRANTY OF GOOD TITLE. If intellectual property is
transferred, Consultant warrants that it has the right to
transfer good and legal title to Client. The Consultant
represents that it will not knowingly infringe upon
proprietary rights of any third party.
c. WARRANTY DISCLAIMER. Except as expressly set forth in
this Agreement or a Work Order, the Consultant makes no
other warranty with respect to this Agreement or in any
performance hereunder, express or implied, and the
Consultant expressly disclaims the implied warranties of
merchantability and fitness for a particular purpose.
15. FORCE MAJEURE. Neither party to this Agreement shall be
liable for failure to perform or delay in performance of any
of its obligations under this Agreement (except payments
already due and owing) where such failure or delay results
from the act of God, military operation, national emergency,
civil commotion, or utility, or the order, requisition,
request or recommendation of any government agency or acting
government authority, or any party's compliance therewith,
or government probation, regulation, or priority, or any
change in laws or regulations which prevent any party from
providing services required by this Agreement, or any other
cause beyond any party's reasonable control whether similar
or dissimilar to the foregoing causes.
16. NOTICES. All notices required or permitted under this
Agreement shall be in writing and shall be deemed delivered
when delivered in person or deposited in the United States
mail, postage prepaid, addressed as follows:
IF for Client:
CLIENT ADDRESS
IF for Consultant:
CragStone
3717 North Wayne Avenue, Suite 200
Chicago, IL 60613
Such address may be changed from time to time by either
party by providing written notice to the other in the manner
set forth above.
17. ENTIRE AGREEMENT. This Agreement contains the entire
Agreement of the parties and there are no other promises or
conditions in any other Agreement whether oral or written.
This Agreement supersedes any prior written or oral
Agreements between the parties.
18. AMENDMENT. This Agreement may be modified or amended if
the amendment is made in writing and is signed by both
parties.
19. SEVERABILITY. If any provision of this Agreement shall
be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this
Agreement is invalid or unenforceable, but that by limiting
such provision it would become valid and enforceable, then
such provision shall be deemed to be written, construed, and
enforced as so limited.
20. WAIVER OF CONTRACTUAL RIGHT. The failure of either party
to enforce any provision of this Agreement shall not be
construed as a waiver or limitation of that party's right to
subsequently enforce and compel strict compliance with every
provision of this Agreement.
21. APPLICABLE LAW. This Agreement shall be governed by the
laws of the State of Nevada and both parties to this
Agreement further agree to enter into mediation in order to
resolve any disputes that can not be resolved through
regular business negotiation. This mediation will be in lieu
of any legal court action brought by either party.
3.2) Site content restrictions
You grant to us a non-exclusive license to utilize your
corporate, service, domain and trade names to advertise,
market, promote, and publicize the CragStone sites. This
license shall terminate upon the effective date of the
termination of this agreement. You also hereby grant to us a
worldwide, perpetual, irrevocable, royalty-free,
sublicenseable right to exercise all copyright and publicity
rights, in any media now known or not currently known, with
respect to any content you provide to CragStone.
You agree that you are solely responsible for the content on
your website.
You agree that content you distribute through your
CragStone.com website or any of CragStone’s resources shall
not be distributed to persons not legally permitted to
receive such content, or contain any virus, Trojan horse,
worm, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any
system, data or personal information.
You represent and warrant to CragStone that all content you
provide for inclusion in websites under development is
solely owned by you or provided or used by you with the
express authority of the owners and does not infringe upon
any other individual's or organization's rights (including
intellectual property rights). By submitting content to or
for use on any CragStone site, you automatically grant to
CragStone a royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, sell, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such content (in whole
or part) worldwide and to incorporate it in other works in
any form, media, or technology; and represent and warrant to
CragStone that such content does not contain any virus,
trojan horse, worm, time bomb, cancelbot or other computer
programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information
3.3) Certain kinds of websites
are excluded
No website in any CragStone site may be: A warez, emulator,
hacking or phreaking site. Nor may any site be used to
discriminate or advocate or endorse discrimination on the
basis of race, ethnicity, gender, religion, sexual
orientation, age or disability. No site may be used to post
content that is libelous, defamatory, threatening,
harassing, obscene, pornographic, sexually explicit or
abusive or advocates or assists in the use of illegal
substances, sedition or illegal activities or to display
banners of, or links to, any other website that carries such
content, used to offer or as a marketplace or exchange for
pirated mp3 files or other pirated copyrighted items or
links to such files or items, or for any purpose or in any
manner that infringes any third party's copyright, patent,
trademark, trade secret or other proprietary rights or
rights of publicity or privacy, or used in any way or for
any purpose that violates any law, statute, ordinance or
regulation (including laws and regulations governing export
control, unfair competition, antidiscrimination or false
advertising).
4.) Privacy
Our privacy policy is located on www.CragStone.com. Rights
and responsibilities with regard to your personal
information, however, are governed by the following terms of
this policy. In the event of any conflict or inconsistency
between the following terms and our posted privacy policy,
the terms of the following policies shall prevail and
govern.
You authorize CragStone to disclose to third parties
information you have provided, or information that CragStone
has obtained: (1) to agents of CragStone or its affiliates,
such as independent auditors, consultants or attorneys; (2)
to comply with government agency or court orders or
requests; (3) in providing aggregated and non-personalized
marketing services for an advertising partner.
CragStone will not disclose personally identifiable
information regarding its customers to any third party
without the customer’s explicit permission, except as may be
required by law or action of a court of competent
jurisdiction. hat each network merchant is solely
responsible for its own privacy policies, if any, and use
and disclosure of the personal information about you or
visitors to your website(s) disclosed or made available to
them, and CragStone has no obligation or liability with
respect to such use or disclosure.
CragStone shall not be responsible or liable for any use or
disclosure made by any third party of information used or
disclosed as contemplated by these policies.
4.1) Our use or disclosure of
information
CragStone may disclose information about the kinds or
volumes of business and activities that are conducted
through CragStone sites to government agencies or officials
or other third parties if we believe such disclosure to be
required or advisable under applicable law or regulations.
CragStone may send e-mail and off-line communications to you
for the purpose of administering and managing, or otherwise
related to CragStone sites, including informing you of
changes or additions to CragStone sites. CragStone may also
send e-mail and off-line communications to you for the
purposes of new or additional products, services or programs
offered by CragStone or third parties or otherwise providing
you with information believed to be of interest to you.
If you do not want to receive e-mail or other communications
of this kind from us, then you may "opt out" by following
any instructions for doing so by sending CragStone a written
or email notice to that effect which specifically states
that it is an election to opt out of receiving promotional
messages from CragStone.com. Any such opt out for which
notice is properly given shall be effective on the thirtieth
day after its actual receipt by CragStone. CragStone
reserves the right to use and disclose to third parties for
any purpose information about activities through and usage
of the CragStone sites. In the event that CragStone sells or
transfers ownership, operation or control of any or all of
the CragStone sites or engages any subcontractor or agent to
operate any network or provide any service related to any
network, CragStone reserves the right to transfer or
disclose all of its data to the buyer, subcontractor or
agent. In addition to the foregoing, CragStone may make its
database of user information (including email addresses)
available to other persons for promotions of and
solicitations for their goods or services that may be of
interest to the CragStone clients.
4.2) Visitors' communications
Except where expressly provided otherwise by us, all
comments, feedback, information, or materials that you
submit through or in association with the CragStone sites
shall be considered non-confidential. By submitting such
comments, feedback, information, or materials to us: (1) You
represent and warrant that CragStones use of your submission
does not and will not breach any agreement, violate any law,
or infringe upon any third party's rights; (2) You represent
and warrant that you have all rights to enter into this
agreement; (3) CragStone is free to use in any manner all or
part of the content of any such communications on an
unrestricted basis without the obligation to notify,
identify or compensate you or anyone else; and (4) You grant
CragStone all necessary rights, including a waiver of all
privacy and moral rights, to use all comments, feedback,
information, or materials, in whole or in part, or as a
derivative work, without any duty by CragStone to anyone
whatsoever.
4.3) Submissions
CragStone does not accept unsolicited ideas, works, or other
materials, and you acknowledge that you are responsible for
and bear all risk as to the use or distribution of any such
ideas, works, or materials. Accordingly, we must ask that
you not send us any original creative ideas, suggestions or
materials.
If, despite our request, you send us any creative idea,
suggestion or material ("submission"), it shall become our
property. No submission will be subject to any obligation of
confidence by us, and we will not be liable for any use or
disclosure of any submission. We will exclusively own all
known or later-existing rights to the submission worldwide,
and will be entitled to the unrestricted use of the
submission for any purpose, without compensation to the
provider of the submission.
5.) Miscellaneous
CragStone’s failure to insist upon or enforce strict
performance of any provision of the agreement shall not be
construed as a waiver of any provision or right. Nothing in
this agreement shall be construed as creating or
constituting a partnership, joint venture or agency
relationship between CragStone and any other entity. No
other entity shall have the ability to create an obligation
on CragStone’s behalf.
6.) Disclaimers
CragStone does not warrant, guarantee, or make any
representations regarding the quality of, or accuracy of
advertisements for, any merchandise, products, or services
offered or provided by affiliated merchants or suppliers in
conjunction with CragStone. In addition, although CragStone
intends to take reasonable steps to prevent the introduction
of viruses or other destructive materials to
www.CragStone.com. CragStone does not warrant,
guarantee or make any representations that this site is free
of viruses or other harmful components. In addition, neither
CragStone nor any of its affiliated companies nor any of its
or their respective licensors or suppliers warrant that any
functions contained in the CragStone sites will be
uninterrupted or error-free, that defects will be corrected,
or that the CragStone sites or the server that makes them
available are free from viruses or other harmful components.
CragStone assumes no responsibility for any damage caused by
your access, or inability to access, any CragStone.
Neither CragStone nor any of its affiliated companies nor
any of its or their respective licensors or suppliers
warrant or make any representations regarding the use or the
results of the use of the services, products or materials in
this site in terms of their correctness, accuracy,
reliability, or otherwise. You, and not CragStone or any of
its affiliated companies or any of its or their respective
licensors or suppliers, assume the entire cost of all
necessary servicing, repair or corrections beyond any
applicable warranty or service agreement.
6.1) Limited liability
CragStone disclaims any and all responsibilities,
obligations and liability to you or the visitors to any of
your websites with regard to the information it acquires as
a result of any qualifying link or its use or disclosure.
CragStone shall not be liable if it is unable to provide any
of its services that are dependent upon the provision of any
information by you that is not provided to CragStone because of
restrictions imposed by you or applicable law or for any other reason.
In no event will any other company with which CragStone has
a corporate partnering relationship, including without
limitation, co-branding, co-marketing, joint development, a
merchant relationship, or a supplier relationship be liable
to you for non-performance of CragStone's obligations. You
agree not to sue any corporate participant for
non-performance by CragStone. In no event shall CragStone be
liable for any damages, claims or losses incurred (including
without limitation compensatory, incidental, indirect,
special, consequential, or exemplary damages), however
caused and under any theory of liability arising in
connection with: (1) the program; (2) any failure, delay, or
decision by CragStone in administering the program; (3) the
use or inability to use CragStone.com; (4) the purchase or
use of any merchandise, products, or services of merchants
or suppliers, even if CragStone, or representatives thereof,
are advised of the possibility of such damages, claims, or
losses and notwithstanding any failure of essential purpose
of any limited remedy.
6.2)
Jurisdictional Issues
We control and operate this site from our offices in the
United States of America. We do not represent that materials
on the site are appropriate or available for use in other
locations. Persons who choose to access this site from other
locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local
laws are applicable.
7.)
Termination or changes to the program
If any of these terms and conditions is found unlawful,
void, or for any reason unenforceable, then that provision
will be considered severable from the remaining terms and
conditions, and will not affect the validity and
enforceability of the remaining provisions. This is the
entire agreement between you and CragStone relating to the
subject matter it contains. This agreement may be modified
only by our posting of changes to these terms and
conditions, or by a writing signed by both parties. Any
inquiries concerning these terms and conditions of use
should be directed to general@CragStone.com.
7.1) Changes in network,
services and membership terms
CragStone reserves the right to take, at any time, any of
the following actions (each a "change"): add to, remove,
suspend, discontinue or otherwise change the terms or
provisions of this agreement or replace this agreement in
its entirety. CragStone may also limit, restrict, condition
or deny access to or use of all or part of any CragStone
site or otherwise change any CragStone site or your right to
use any CragStone site. CragStone may charge fees for
continued access to or use of any CragStone site or any
aspect thereof, or any services that CragStone provides or
makes available to you now or in the future.
CragStone may notify you of such changes by posting a notice
on CragStone.com or, at its discretion, by e-mail,
newsletter, postal mail or personal or overnight delivery.
Such change shall be effective when such notice is posted or
otherwise given or any other time specified in such notice,
except that if any such change would result in you becoming
required to pay fees not previously payable or increase fees
already payable, then such notice of such change shall be
given by one of such means at least thirty days before such
change becomes effective. In the case of any other change
that would, in CragStone's good faith and reasonable
judgment, materially adversely affect your rights or
obligations under this agreement, then such notice of such
change shall be given by one of such means at least five
business days' before such change becomes effective, except
that shorter advance notice (but not less than two business
days) may be given in a situation that CragStone believes in
good faith to be an emergency or otherwise have an adverse
effect on a CragStone site if a longer notice were given.
You are responsible for regularly reviewing each network
site in order to learn of any changes. Your continued use of
any network after such notice is posted or otherwise given
indicates that you agree to accept those changes, whether or
not you have reviewed them.
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