Terms of Service

Welcome to the internet sites of Cherry Associates, LLC. Thank you for visiting!

This Internet Web Site Use Agreement (the “Agreement” or “Terms”) is between you and Cherry Associates, LLC (“us” or “we”), related to www.cherryassociates.com as well as other websites maintained by us (collectively, the “Websites”). Use of the Websites signifies your agreement to the terms and conditions of use set forth below in the Agreement:

1. Acceptance

You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITES. If you do not agree to these terms and conditions of use, you may not access or otherwise use the Websites.

2. Use of Information; Privacy Policy

We may monitor your use of the Websites and may freely use and disclose with or without attribution any information and materials received from you or collected through your use of the Websites for any lawful reason or purpose. However, personal information shall be handled in accordance with our Privacy Policy.

3. Modification of Agreement

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this Agreement, including without limitation the Privacy Policy, in whole or in part, at any time. You agree that your continued use of the Websites shall constitute your unconditional acceptance of any such changes, modifications, additions or removals, of or to this Agreement.

4. Copyright

The Websites are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Websites, include, without limitation, text, comments, messages, video, graphics, interactive features, and all other materials contained thereon, including Submissions, as defined in Section 8 (collectively, “Content”) are protected by copyright and are owned or controlled by us, the party credited as the provider of the Content, respective licensees or advertisers. We respect the intellectual property rights of others and ask users of the Websites to do the same.

Except as we specifically agree in writing, no Content from the Websites may be used, reproduced, transmitted, distributed, copied, or otherwise exploited in any way other than as part of the Websites, except that where the Web Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you:

(a) keep intact all copyright and other proprietary notices,

(b) make no modifications to the Content, and

(c) do not use the Content in a manner that suggests an association with any of our products, services, or brands.

We may expressly authorize you to redistribute certain Content for personal, noncommercial use. We may revoke this authorization at any time. If you redistribute Content, you must be able to edit or delete such publicly posted Content and you must edit or delete it promptly upon our request.

5. Streaming Media

There may be portions of the Websites, content, functionality, or features (e.g., digital streaming media player(s)) (collectively, “Streaming Media”) that we make available to users for your personal use. While we can change how, to whom and to what extent we make these Streaming Media available at any time without any notice and in our sole discretion, to the extent they are available to you whenever you visit the WesSites or take advantage of any of these Streaming Media (whether you use these Streaming Media on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Streaming Media), you agree not to download any content made available as part of the Streaming Media and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement and our Privacy Policy.

6. RSS Feeds and Podcasts

The Websites may provide RSS Feeds (“RSS Feeds”) consisting of selected Content, including without limitation text, audio, video, and photographic content (“Content”) from the Websites that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts (“Podcasts”) which may include as part of the Content an associated audio, video, and/or photographic file where the audio and/or video file may be downloaded and played from a user’s device or transferred to a portable listening device. Certain software and hardware are required for users to download and view and/or play Content through RSS Feeds.  By your access to and use of RSS Feeds, you understand, acknowledge, and agree that the Websites, Cherry Associates LLC, our subsidiaries, licensees, assignees, distributors, agents, representatives, affiliates, officer, directors, employees, and other authorized users do not warrant that our RSS Feeds will operate on all user equipment. Please see the “Disclaimer of Warranties” and “Limitations of Liability” sections below for further details.

7. Sweepstakes, Contests, or Promotions

Any sweepstakes, contest or similar promotion made available through the Webs Sites or for which we may, from time to time, send e-mail messages to you will be governed by official rules that are separate from and may vary from these Terms. By participating in any such sweepstakes, contest, or similar promotion, you will become subject to our specific official rules. Note, however, that you remain subject to these Terms to the extent they do not conflict with the applicable official rules.

8. Licenses and Representations

For all materials, comments, or submissions you make through the Websites (collectively, “Submissions”), you hereby grant us, our, licensees, assignees, distributors, agents, representatives, affiliates and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including without limitation on the Websites, on third party websites, on our broadband and wireless platforms, products and services, and on physical media) for any and all purposes related to the services provided by us to you and our clients, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

9. Reserved

10. Mobile Applications

If we offer products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services may be governed by additional terms governing the applicable Mobile Application Service (“Additional Terms”). We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost.

11. Changes to Websites

We may change, suspend or discontinue any aspect of the Websites at any time, including the availability of any Web Site feature, database, or content. We may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability.

12. Copyright Infringement Complaints

If you believe in good faith that any materials accessible on or from the Websites infringe your copyright, you may provide a written notice to us at info@cherryassociates.com. The written notice must include substantially the following:

  • Your full name

  • An identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

  • An identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as a link to the material.

  • Adequate information by which we can contact you (including your postal address, telephone number, and, if available, email address).

13. Indemnity

You hereby agree to indemnify, defend and hold us harmless from and against any and all claims, actions, damages, liabilities, and costs (including, without limitation, attorneys’ fees and court costs) incurred by us in connection with or arising out of any breach by you of the Agreement or of the representations, warranties, and covenants contained in this Agreement. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not, in any event, settle any matter without our written consent.

14. Web Links/Advertising

The Websites contains links and pointers to the other related Internet sites, resources, advertiser, and sponsors of the Websites. Links to and from the Websites to other third-party sites, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third-party resources, or their contents. We disclaim any and all responsibility for the content contained in any third-party materials provided through links from the Websites.

From time to time, you may communicate with, receive communications from, be redirected to, interact with, or participate in or use the services or obtain goods and services of or from our advertisers, sponsors, or promotional partners (collectively, the “Advertisers”) as a result of your use of the Websites. All such communication, interaction, and participation are strictly and solely between you and such Advertisers, and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).

15. E-Commerce

If products and services are made available for purchase through the Websites and you wish to purchase such products or services, you may be asked by us or our designee (or, if such product or service is being made available by a third-party provider, by such third-party provider) to supply certain information relevant to your purchase, including, without limitation, credit card number, expiration date, billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED BY YOU OR THROUGH YOUR USERNAME(S) TO PURCHASE ANY SUCH PRODUCT AND/OR SERVICE. You acknowledge that any such information will be treated by us in accordance with our Privacy Policy. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Websites. Verification of information may be required prior to acceptance of any order through the Websites. Descriptions or images of, or references to, products or services on the Websites do not imply our endorsement of such products or services. We reserve the right, with or without prior notice, to change descriptions or references to products or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code, or other similar promotions; and/or refuse to provide any visitor to any of the Websites with any product or service. Price and availability of any product or service offered through any of the Websites is subject to change without notice. Refunds and exchanges shall be subject to our refund and exchange policies, as may be made available and updated from time to time. You agree to pay all charges that may be incurred by you or on your behalf through the Websites, at the price(s) in effect when such charges are incurred, including all shipping and handling charges. In addition, you remain responsible for any and all taxes that may be applicable to your purchase(s), and you agree that such taxes, if any, are not our responsibility.

16. Ads and Malware

We take great care and pride in creating the Websites. We are always on the lookout for technical glitches that affect how the Websites work. When we find them on our end, we will attempt to fix them in a timely manner. Unfortunately, your computer may cause some glitches that affect how you see our Websites — and that is beyond our control.

If you experience any unusual behavior, content, or ads on the Websites, it may be the result of Malware on your computer. Malware is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs, and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Websites is working properly, sometimes Malware programs on your computer may interfere with your experience on our Websites and on other sites that you visit.

We are not responsible for the effects of any third-party software including Malware on your computer system. You should carefully read the Help or Customer Support areas of any software download site. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at info@cherryassociates.com.

17. Disclaimer of Warranties

THE WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CHERRY ASSOCIATES, LLC, OUR LICENSEES, ASSIGNEES, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER AUTHORIZED USERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITES OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE. FURTHER, CHERRY ASSOCIATES, LLC DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CHERRY ASSOCIATES, LLC, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER AUTHORIZED USERS SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

18. Limitation of Liability

THE CHERRY ASSOCIATES, LLC, OUR LICENSEES, ASSIGNEES, DISTRIBUTORS, AGENTS, REPRESENTATIVES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER AUTHORIZED USERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITES, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEBSITES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITES AND/OR SITE-RELATED SERVICES IS TO STOP USING THE WEBSITES AND/OR THOSE SERVICES.

19. Choice of Law; Jurisdiction

THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICTS OF LAWS OR CHOICE OF LAW PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN CHARLOTTE, NORTH CAROLINA.

20. Miscellaneous

This Agreement constitutes the entire agreement between Cherry Associates, LLC and you with respect to your use of the Websites. You agree that any cause of action you may have with respect to your use of the Websites must be commenced within one (1) year after the claim or cause of action arises, or else is irrevocably waived.  Paragraph headings are for reference only and do not in any way define or limit the scope or meaning of such a paragraph. If we fail to take action concerning any breach by you of this Agreement, you agree that any such failure to act does not waive our right to take action concerning any subsequent or similar breach. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

Revision Date: January 2024