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Refunds and Cancellations
5. Paid Services
10. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Operator disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability. No advice or information, whether oral or written, obtained from the Operator, the Site, or elsewhere will create any warranty not expressly stated in this agreement.
11. Limitation of Liability. To the fullest extent permitted by applicable law in no event will the Operator be liable for:
5.1 Fees. The Operator may charge fees for access to the Site or to purchase various content. Some of the fees may be recurring and some may be one-time fees. In no event will you be charged for access to the Site or to purchase content unless the Operator obtains your advance agreement to pay for the charges. You will be told at the time of purchase whether the fees are one time or recurring. If the fees are recurring, your subscription will continue for the length of the initial term you select and will automatically renew for additional prepaid periods of the same length unless you cancel your subscription before it renews to avoid billing of the next term’s subscription fees to your payment method. You may cancel any recurring subscription at any time by contacting the payment processor your signed up through or by looking up your account at https://cs.segpay.com and changing the status to cancelled/expired or by providing the customer service department with the required information to cancel your membership. . Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
5.2 Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You will pay all applicable taxes relating to use of the Site through your account.
5.3 Refunds.
No cash refunds are provided. Account credit may be granted in the form of free monthly memberships, shopping credit for pay per view or pay per download purchases or credit that may be used for other services offered on the Website to resolve customer service issues. The billing system used by www.creamybros.com from our authorized agent SEGPAY provides extensive credit card fraud protection measures and features to protect users from accidental charges. Therefore, refunds to your credit card will be provided only under the rarest of circumstances such as persistent technical problems originating with our equipment.
9.1 Termination on Notice. Either party may terminate this agreement at any time by notifying the other party in writing.
9.2 Termination by the Operator. The Operator may terminate or suspend your access to or ability to use the Site immediately, without notice or liability, for any reason or no reason, including breach of this agreement.
9.3 Effect of Termination. On termination of your access to or ability to use the Site, your right to use or access the Site will immediately end. Termination of your access to and use of the Site will not relieve you of any obligations arising or accruing before termination or limit any liability you otherwise may have to the Operator or any third party.
9.4 Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, warranty disclaimers, and limitations of liability.
11.1 any direct, special, indirect, or consequential damages; or
11.2 any other damages of any kind, including loss of use, loss of profits or loss of data, whether in an action in contract, tort (including negligence), or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including any damages caused by or resulting from reliance by user on any information obtained from the Site, or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.
12. Indemnification. You will defend, indemnify, and hold harmless the Operator, its subsidiaries, and affiliated companies, and their officers, directors, employees, contractors, and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Operator may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Operator and you will assist and cooperate with the Operator in the defense or settlement of these matters.
13. Arbitration
13.1 Claim Procedure. For any dispute you have with the Operator, you will first contact the Operator and attempt to resolve the dispute informally. If the Operator has not been able to resolve the dispute with you informally, the parties will resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules then in effect for the AAA, except as provided in this agreement.
13.2 Arbitration Location. Unless you and the Operator agree otherwise, the arbitration will be conducted in Moncton/NB/Canada Where Arbitration Will Be Held.
13.3 Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules.
13.4 Arbitration Award. The award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
13.5 Injunctive Relief. Nothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the service.
13.6 Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Operator agrees otherwise, the arbitrator will not consolidate more than one person’s claims.
13.7 Jury Trial Waiver. By entering into this agreement, you and the Operator are each waiving the right to a trial by jury or to participate in a class action.
14. Governing Law. Governing Law Jurisdiction NB/Moncton/Berry Mills law, without giving effect to its principles of conflicts of law, governs all adversarial proceedings arising out of this agreement or arising out of your use of the Site.
15. No Child Pornography.
Any actual human beings depicted in images or videos appearing on the website located at www.creamybros.com were at least 18-years old at the time those images or videos were produced. We only publish images of consenting adults. If you see any images, real or simulated, depicting minors engaged in sexual activity within the Website, please report it to cs@elxcomplete.com immediately. All reports will be investigated and appropriate action will be taken along with cooperation with any law-enforcement agency investigation of child pornography. If you encounter unlawful activities involving minors on other Websites than this one, please report them to ASACP.
16. Billing.
Billing is provided by the management company and merchant of record, Andomark LLC:
Transactions will appear on statements as SEGPAY.COM*Andomark.com.
For billing inquiries, or to cancel a recurring purchase, please visit:
Self-Service Website https://cs.segpay.com
Email help@segpay.com
Chat https://chat.segpay.com
US Phone +1 866-450-4000
Direct Phone: +1 954-414-1610
17. Feedback. The Operator welcomes any comment, question, and communication at cs@elxcomplete.com.