Crew 2030's Terms of Service

Last Updated: July 1, 2022

Welcome, and thank you for your interest in Crew for All (“Crew for All,” “we,” or “us”) and our website at https://www.crewforall.org, along with our related https://www.crewplatform.org (including the online community engagement and education software platform currently known as the Crew Platform https://www.crewplatform.org), websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Crew for All regarding your use of the Service.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING CREW FOR ALL’S ACCEPTABLE USE POLICY AVAILABLE AT https://crewforall.org/acceptableuse AND PRIVACY POLICY https://crewforall.org/privacypolicy (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND CREW FOR ALL’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREW FOR ALL AND BY YOU TO BE BOUND BY THESE TERMS.

Arbitration NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND CREW FOR ALL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 18.)

1. Crew for All Service Overview. The Service provides organizations with an online platform that features a content and learning management system, teams and communications tools, rewards systems, and other administrative tools in an effort to achieve greater operational efficiency, enhanced member participation, metrics for fundraising, and expanded scalability and reach.
2. Eligibility. You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 13 years old (or at least 16, if you reside in the EU); (2) if you are between the ages of 13 and 18 years old, your parent or guardian agrees to these Terms on your behalf and will supervise your use of the Service; (3) you have not previously been suspended or removed from the Service; and (4) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an Authorized User (defined below) accepting these Terms on your own behalf in connection with your involvement with an entity, organization, or company to which Crew for All is providing a subscription to access the Service (“Subscriber Entity”), that Subscriber Entity may also require you to enter into its own terms of service or similar agreement (“Subscriber Terms”) in connection with your use of the Service. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms (in which event, “you” and “your” will refer to that organization), unless that organization has a separate paid contract in effect with Crew for All governing use of the Service, in which event, the terms of that contract will govern your use of the Service.
   
   
3. Use of Service
   • Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at support@org.
   • Subscriber Entity; Authorized Users. If you are a Subscriber Entity, you: (a) may authorize certain individual program members, community participants, employees, volunteers, teachers, staff, administrators, or other individuals (each, an “Authorized User”) to access and use the Service under your account; (b) must assist Crew for All in enforcing these Terms with each Authorized User with the same degree of diligence you use in enforcing similar agreements, and in any event, a reasonable degree of diligence; (c) will use commercially reasonable efforts to protect Crew for All’s (and Crew for All’s licensors and suppliers’) intellectual property rights, notify Crew for All of any Authorized Users’ material breach of these Terms, and cooperate with Crew for All in any legal action to prevent or stop unauthorized use, reproduction, or distribution of the Service that may result in connection with your or any Authorized User’s use of the Platform; and (d) may enter into Subscriber Terms with Authorized Users; provided that, with respect to an Authorized User’s use of the Service, the Subscriber Terms are consistent with these Terms, and the Subscriber Terms must reference these Terms, and name Crew for All as an intended third-party beneficiary with an independent right of enforcement of the Subscriber Terms. You are responsible for Authorized Users’ use of the Service, and you will ensure that all Authorized Users comply with relevant obligations under these Terms. If you become aware of any Authorized User’s material breach of these Terms or any acceptable use policy established by Crew for All, you will correct the violation as soon as is commercially reasonable and suspend the Authorized User’s right to access or use the Service until the violation is corrected.
     
   • Data Retention. Crew for All recommends that you perform regular exports and back-ups of your data. Crew for All is not responsible for performing, and is not liable for any failure to perform any back-up of any data provided, processed, or stored by you in or through the Service.
   • No Sensitive Information. The service is not intended to process sensitive information. Please do not provide through the Service any Social Security numbers, driver’s license number or other state identification number or foreign equivalent; passport number; financial account number; credit card number; or debit card number information; or information concerning a person’s medical records, or other individually identifiable health information relating to: (a) the past, present or future physical or mental health or conditions of an individual; (b) the provision of health care to an individual; or (c) the past, present, or future payment for the provision of health care to an individual.
4. Your Content

4.1.User Content Generally. You own your content. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, folders, data, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.

4.2.Limited License Grant to Crew for All to host your content. By providing User Content to or via the Service, you grant Crew for All a worldwide, non-exclusive, irrevocable (subject to all applicable laws and Section 2 of these Terms), royalty-free, fully paid right and license (with the right to sublicense, through multiple tiers) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.

4.3.Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.

4.4.User Content Representations and Warranties. Crew for All disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:

1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Crew for All and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Crew for All, the Service, and these Terms;
2. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Crew for All to violate any law or regulation; and
3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

4.5.User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Crew for All and/or the Subscriber Entity may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Crew for All with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Crew for All does not permit copyright-infringing activities on the Service.

4.6.Monitoring Content. Crew for All does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Crew for All reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Crew for All chooses to monitor the content, Crew for All still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

4.7.Simulated Logins.  Crew for All or the authorized administrators of Subscriber Entity, if applicable, may need to temporarily simulate a login of your account (a “Simulated Login”), including the private messaging function on the account, for the following purposes (collectively, “Simulated Login Purposes”): (a) troubleshooting and offering support to you if you experience trouble while using the Service; (b) testing that you are able to access Subscriber Entity-provided content that Subscriber Entity intends to tag or assign to you via the Service; and (c) monitoring quality control and improving the functionality of the Service. During a Simulated Login, Crew for All or the authorized administrators of Subscriber Entity, if applicable, may have access to the following information (collectively, “Simulated Login Data”): administrator simulated login history (“Tracks”), events, badges, groups, and discussion feeds. Subject to Crew for All and, if applicable, Subscriber Entity’s compliance with Crew for All’s Privacy Policy (defined below), solely for Simulated Login Purposes, you grant Crew for All and Subscriber Entity (if applicable) a worldwide, non-exclusive right and license during the term of these Terms to: (i) perform Simulated Logins; (ii) access, modify, update, and fix your account and the content available through your account; and (iii) access and use Simulated Login Data only for the duration necessary to achieve Simulated Login Purposes.  If you are a Subscriber Entity, then subject to your compliance with these Terms and with Crew for All’s Privacy Policy, solely for Simulated Login Purposes, Crew for All grants you a limited, non-exclusive, right during the term of these Terms to allow a reasonably limited number of administrators authorized by you to: (1) perform Simulated Logins; (2) access, modify, update, and fix the applicable Authorized User’s account and the content available through the Authorized User’s account; and (3) access and use Simulated Login Data only for the duration necessary to achieve Simulated Login Purposes.

5. Platform Points

5.1  Points.

1. A Subscriber Entity may include opportunities for its Authorized Users to earn and use virtual points or similar virtual items (“Platform Points”), as well as to obtain goods or other rewards (“Rewards”). For clarity, Crew for All does not provide any Platform Points or Rewards through the Service. Any Platform Points or Rewards that may be offered to Authorized Users through Authorized Users’ use of the Service are offered by the applicable Subscriber Entity, not Crew for All. Crew for All makes no guarantee as to the nature, quality, or value of the features of the Service or any third-party good or services (including Rewards) that will be accessible through the use of Platform Points, or the availability or supply of Platform Points. If you are a Subscriber Entity using Platform Points and/or offering Rewards through the Service, you agree that such activities will be in compliance with all applicable law.
2. Regardless of what they are called, Platform Points are not real money, do not have monetary value, and may never be redeemed for “real world” money, or other items of monetary value from outside the Service without our written permission. The use of terms such as “earn,” “trade-in,” or “cash-out” in reference to the Platform Points is only for convenience and such terms in no way indicate that Platform Points have monetary value or are real money. You acknowledge that Platform Points are not real currency and are not redeemable for any sum of money from Crew for All at any time. Platform Points are provided to Authorized Users under a limited, personal, revocable, non-transferable, non-sublicensable license to use within the applicable Subscriber Entity’s instance of the Service. Any “virtual currency” or Platform Points balance shown in an Authorized User’s account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of such Authorized User’s license. Authorized Users have no property interest, right or title in or to any such Platform Points appearing or originating in the Service or any other attributes associated with use of the Service. Platform Points may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Platform Points and Rewards may be subject to a separate third-party license or agreement as set forth by the Subscriber Entity.
3. All Platform Points are forfeited if an Authorized User’s account or access to the Service is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the Service. We may at any time expire free or promotional Platform Points given to Authorized Users.
4. Crew for All shall have no liability for hacking or loss of Platform Points or any goods or services obtained using Platform Points. We have no obligation to, and will not, reimburse you for any Platform Points or Rewards that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of Platform Points or Rewards and to refuse to provide Authorized Users with any Platform Points or Rewards. Price, exchangeability and availability of Platform Points and Rewards are determined by the Subscriber Entity in its sole discretion and are subject to change without notice. You agree that Crew for All has the absolute right to manage, distribute, regulate, control, modify, or eliminate Platform Points as we see fit in our sole discretion, and that we will have no liability for exercising such right.  YOUR USE OF ANY PLATFORM POINTS IS AT YOUR OWN RISK.  CREW FOR ALL HAS NO LIABILITY TO YOU OR YOUR AUTHORIZED USERS BASED ON THE USE OF ANY PLATFORM POINTS. CREW FOR ALL HAS NO RESPONSIBILITY TO MAINTAIN OR UPDATE ANY PLATFORM POINTS OR REWARDS BALANCES.  You agree that under no circumstances will Crew for All be liable to any Authorized User or Subscriber Entity for any damages or claims that may arise from the loss or use of Platform Points regardless of the circumstances. You absolve us of any responsibility to maintain or update your Crew for All account Platform Points or Rewards balance.

5.2 Redeeming Points.

1. The Subscriber Entity may from time to time make available to Authorized Users opportunities to redeem Platform Points for Rewards. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Platform Points and Rewards, which may be modified at any time.  You must comply with any individual Reward limitations as indicated in these Terms and any applicable Subscriber Terms. We and the Subscriber Entity reserve the right to cancel, restrict or terminate Platform Points or Rewards at any time for any reason. All Rewards are subject to availability. All redemptions are subject to these Terms, the Subscriber Terms, any third-party terms associated with a Reward, and all limitations and requirements stated via the Service.
2. Authorized Users may choose a Reward that is still available for which you have accumulated sufficient Platform Points for redemption. Select the Reward you wish to use and follow and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us or our designee or Rewards partner and, when applicable, an email or message containing the Platform Points in the form of a link, code, coupon, or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account.
3. All acquisitions of Platform Points and redemptions for Rewards are final. Once Platform Points has been lost or spent, it will be subtracted from the applicable Authorized User’s account and cannot be refunded or returned, except in our sole discretion. No Platform Points will be re-credited to such Authorized User’s account in the event of a return or exchange of a Reward, or any problem with any Rewards. 
   

6. General Payment Terms. The Crew Platform is free. However, personalized support Services and custom feature requests may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise specifically provided for in these Terms.

• Price. Crew for All may charge fees for certain services related to support, onboarding and/or custom feature requests for the Service, including but not limited to personalized support, onboarding, and custom feature development. Crew for All reserves the right to determine pricing for the Service, features and functions, and other services offered by Crew for All. Crew for All will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Crew for All may change the fees for any feature or service, including additional fees or charges if Crew for All gives you advance notice of changes before they apply. Crew for All, at its sole discretion, may make promotional offers with different features and different pricing to any of Crew for All’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
• Authorization. You authorize Crew for All to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Crew for All, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Crew for All may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
  
• Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and may be renewed for successive periods (the Initial Subscription Period and each such renewal period, (each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize Crew for All or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation or expiration of the Subscription Service, all accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Crew for All or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at support@crewforall.org.
• Delinquent Accounts. Crew for All may suspend or terminate access to the hired support or custom development Services for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Crew for All reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.

7. Licenses

7.1.Limited License. Subject to your complete and ongoing compliance with these Terms and any Subscriber Terms you may enter into with a Subscriber Entity, Crew for All grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service. If you are a Subscriber Entity, you may apply your own branding to the Service in the manner permitted by the functionality of the Service.

7.2.License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not, and may not attempt to: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to or derivative works of the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; (d) decompile, disassemble, reverse engineer, reverse assemble, analyze or otherwise examine, or attempt to derive the source code of the Service; (e) sell, resell, license, rent, lease, timeshare, or act as a service bureau or provide subscription services for the Service or any part thereof (including any search results obtained through use of the Service); or (f) make any other use of the Service, Materials (defined below), or any other content provided by Crew for All or its users on or through the Service, including any data concerning other users of the Service, except as expressly authorized by Crew for All in these Terms. If you are prohibited under applicable law from using the Service, you may not use it.

7.3.Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Crew for All an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to utilize the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

8. Ownership; Proprietary Rights. The Service is owned and operated by Crew for All. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Crew for All are protected by intellectual property and other laws. All Materials included in the Service are the property of Crew for All or its third-party licensors. Except as expressly authorized by Crew for All, you may not make use of the Materials. Crew for All reserves all rights to the Materials not granted expressly in these Terms.
   
   
9. Third-Party Terms

9.1.Third-Party Services and Linked Websites. Crew for All may provide tools through the Service that enable you to export information, including User Content (defined below), to third-party services, such as for messaging and chat features. By using one of these tools, you agree that Crew for All may transfer that information to the applicable third-party service. Third-party services are not under Crew for All’s control, and, to the fullest extent permitted by law, Crew for All is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Crew for All’s control, and Crew for All is not responsible for their content.

9.2.Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

10. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
    
    
11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

• Use, or encourage, promote or facilitate others to use, the Service in any way that violates any local, state, national, or international law, or for any illegal, harmful or offensive purpose, or to display, distribute or otherwise make available content that is illegal, harmful or offensive;
• harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
• interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) collecting personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
• attempt to access or search the Service or content available on the Service or download content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Crew for All or other generally available third-party web browsers;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
• sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 8) or any right or ability to view, access, or use any Materials; or
• attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section11.

12. Copyright and Intellectual Property Protection

12.1.DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:

Crew for All
Attn: Legal Department (Copyright Notification)
P.O. Box 341892, Austin, Texas 78734
Phone: (512) 686-8445
Email: copyright@crewforall.org

12.2.Content of Notification. Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of the material that you claim is infringing and where it is located on the Service;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

12.3.Repeat Infringers. Crew for All and Subscriber Entities retain the right to terminate the accounts of users that are determined by Crew for All to be “repeat infringers.” A repeat infringer is a user who has been notified of infringing activity more than twice or has had User Content removed from the Service more than twice.

13. Modification of these Terms. We reserve the right to change these Terms on a going-forward basis at any time upon 7 days’ Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon the earliest of your receipt of notice or acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

14. Term, Termination and Modification of the Service

14.1.Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.

14.2.Termination. If you violate any provision of these Terms, your authorization to access the Service automatically terminates. In addition, Crew for All and the Subscriber Entity, in either Crew for All or the Subscriber Entity’s discretion, may terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, provided that in the event that Crew for All terminates this Agreement other than in connection with your material breach of these Terms, and if you have made any advance payments for any Services that have not been performed by Crew for All as of the date of termination, then Crew for All will refund to you all such amounts paid for pre-paid but unused Services. You may terminate your account and these Terms at any time by completing the account deletion process which may be initiated through an Authorized User’s personal profile, or by contacting customer service at info@crewforall.org.

14.3.Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) Sections 4.2, 8, 14.3, 15, 16, 17, 18 and 19 will survive.

14.4.Modification of the Service. Crew for All reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. For clarity, any content, resources, information, Tracks, groups, and events may be subject to modification or discontinuation by Crew for All or the Subscriber Entity at any time, without prior notice. Crew for All will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.

15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Crew for All, its affiliates, and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the“Crew for All Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
    
16. Disclaimers; No Warranties

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CREW FOR ALL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. CREW FOR ALL DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CREW FOR ALL DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CREW FOR ALL ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE CREW FOR ALL ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Crew for All does not disclaim any warranty or other right that Crew for All is prohibited from disclaiming under applicable law.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CREW FOR ALL ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY CREW FOR ALL ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CREW FOR ALL ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO CREW FOR ALL FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Arbitration

18.1.Generally. In the interest of resolving disputes between you and Crew for All in the most expedient and cost effective manner, subject to all applicable laws and except as described in Section 18.2 and 18.3, you and Crew for All agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CREW FOR ALL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this Section 18 does not affect those requirements.

18.2.Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

• Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section18 within 30 days after the date that you agree to these Terms by sending a letter to Crew for All, Attention: Legal Department – Arbitration Opt-Out, P.O. Box 341892, Austin, Texas 78734 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Crew for All receives your Opt-Out Notice, this Section18 will be void and any action arising out of these Terms will be resolved as set forth in Section 2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

18.4.Arbitrator. Any arbitration between you and Crew for All will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Crew for All. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

18.5.Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Crew for All’s address for Notice is: Crew for All, P.O. Box 341892, Austin, Texas 78734. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Crew for All may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Crew for All must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Crew for All in settlement of the dispute prior to the award, Crew for All will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000. 

18.6.Fees. If you commence arbitration in accordance with these Terms, Crew for All will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Travis County, Texas, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Crew for All for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

18.7.No Class Actions. YOU AND CREW FOR ALL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Crew for All agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

18.8.Modifications to this Arbitration Provision. If Crew for All makes any future change to this arbitration provision, other than a change to Crew for All’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Crew for All’s address for Notice of Arbitration, in which case your account with Crew for All will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

18.9.Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if Crew for All receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.

19. Miscellaneous

19.1.General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Crew for All regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

19.2.Governing Law. These Terms are governed by the laws of the State of Texas without regard to conflict of law principles. You and Crew for All submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform (more information can be found at ec.europa.eu/consumers/odr). We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

19.3.Privacy Policy. Please read the Crew for All Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Crew for All Privacy Policy is incorporated by this reference into, and made a part of, these Terms. If you are a Subscriber Entity, you will clearly and conspicuously post, and adhere to, a privacy policy on your website and applications where personal information is being collected.

19.4.Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

19.5.Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19.6.Contact Information. The Service is offered by Crew for All, located at P.O. Box 341892, Austin, Texas 78734. You may contact us by sending correspondence to that address or by emailing us at info@crewforall.org.

19.7.Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19.8.No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

19.9.International Use. The Service is operated from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

20. Notice Regarding Apple. This Section20 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Crew for All only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.