IMPORTANT - THIS AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR ENTITY) ("YOU" or "YOUR") AND CREW32, INC. (HEREINAFTER "CREW32," "WE", "US" OR "OUR") THAT sets forth the legal terms and conditions for your use of www.comparably.com and any other website owned and operated by Crew32 (the "Website(s)") and Crew32 services, including any software, CREW32 mobile applications (the "APP(s)") or other services offered by Crew32 from time to time and other PRODUCTS OR services offered BY third parties USING Crew32 functionality (collectively, "Service(s)").
BY USING ANY WEBSITES OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT in section 14 below.
Some of our services MAY have additional RULES, POLICIES, AND PROCEDURES ("Additional Terms"). Where Additional Terms apply, we will make them available for you to read through IN CONNECTION WITH your use of that service. By using that service, you agree to the Additional Terms.
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY CREW32 AT ANY TIME. If we change this Agreement, we will give you notice by posting the revised Agreement on the APPLICABLE Website(s) OR APP(S) AND SENDING AN EMAIL OR tEXT MESSAGE NOTICE TO YOU using the contact information provided by YOU AND/OR PROVIDING A NOTICE ON the APPLICABLE Website(s) OR APP(S). WE also encourage YOU to check the this Agreement from time to time to see if IT HAS been updated.
BY CONTINUING TO USE ANY WEBSITES OR SERVICES FROM CREW32 AFTER the NEW EFFECTIVE date, WHICH IS INDICATED ABOVE, YOU AGREE TO BE BOUND BY SUCH CHANGES. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
Crew32 provides an online platform that allows its registered users ("Users") to provide and obtain information regarding employers ("Employers"). As a user of the Services, you agree to provide us with complete and accurate information. YOU UNDERSTAND AND AGREE THAT THE CREW32 HAS NO CONTROL OVER THE CONDUCT OF ITS USERS OR EMPLOYERS AND YOU HEREBY AGREE TO RELEASE CREW32 FROM ALL LIABILITY ARISING OUT OF OR RELATED TO ANY ACTIONS OR INACTION OF USERS OR EMPLOYERS.
In connection with setting up your account with Crew32, we may supply you with a user identification and/or password. In connection with any future use, you may be asked to input your user identification and/or password from time to time. You agree to be responsible for all activity that occurs under your account and agree to be responsible for maintaining the security of your password and user identification.
You may be able to log in to your Crew32 account by logging into your account with certain third party social networking sites ("SNS") (e.g. LinkedIn, Facebook), each a "Third Party Account". As part of the functionality of the Services, you may link your account with Crew32 with your Third Party Accounts, by either: (i) providing your Third Party Account login information to Crew32; or (ii) allowing Crew32 to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Crew32 and/or grant Crew32 access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Crew32 to pay any fees or making Crew32 subject to any usage limitations imposed by such third party service providers. By granting Crew32 access to any Third Party Accounts, you understand that Crew32 may access, and you hereby grant Crew32 the right to use, content that you have provided to and stored in your Third Party Account. You have the ability to disable the connection between your Crew32 account and your Third Party Accounts, at any time, by accessing the "Settings" section of the Website and/or App, in which case you may no longer be permitted to use the Services. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under 18, you may only use our Services with the supervision of a parent or guardian 18 years of age or older.
You are responsible for your use of the Websites and Services, and for any use of the Websites and Services made using your account. Our goal is to create a positive experience in connection with our Websites and Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Crew32. When you use the Websites and Services, you may not:
If you elect to download the App, the following also applies: Crew32 grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sublicense) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove your Content (as defined below) at our discretion at any time. Furthermore, with respect to any App accessed through or downloaded from an App Store such as the Apple App Store or Google Play (an "App Store Sourced Application"), you will only use the App Store Sourced Application: (i) on a product that runs the operating system for which it was intended and (ii) as permitted by the "Usage Rules" set forth in the corresponding App Store. Use of the App from a third party App Store is also subject to the provisions of Section 15.
The Websites and Apps are owned and operated by Crew32. The Websites and Apps, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Crew32 or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps or elsewhere. You may not delete any legal or proprietary notices in the Websites, Apps or elsewhere.
Except as noted in Section 5 below: (1) the Websites and Apps may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored or modified; (2) you may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps or any Content or components that are available on the Websites or Apps; and (3) you may not make commercial use of any webpage or Services provided by Crew32, including redistribution or copying by means; EXCEPT with the prior, express written permission of Crew32.
You agree not to interfere or take action that results in interference with or disruption of the Websites or Apps or servers or networks connected to the Websites or Apps. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites or Apps. Crew32 reserves all other rights. Except as expressly provided herein, nothing on the Websites or as part of the Services will be construed as conferring any license under Crew32's and/or any third party's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Crew32 may revoke any of the foregoing rights and/or your access to the Websites and Services, including the App, or any part thereof, at any time without prior notice.
Permission is granted for viewing the Website pages on the Internet and content via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites or Apps, the information, including any Content, data or files incorporated in or generated by the Websites or Apps are owned by Crew32 and Crew32 retains complete title to the information and all property rights therein. All other rights are reserved.
As part of the Services, we may, in our sole discretion, permit you to post, upload, publish, submit or transmit certain content ("Your Materials"). By making available any of Your Materials on or through the Services, you hereby grant to Crew32 a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast and otherwise use Your Materials on, through or by means of the Services. Crew32 does not claim any ownership rights in any of Your Materials and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of Your Materials. You acknowledge and agree that you are solely responsible for all of Your Materials that you make available through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all of Your Materials that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to Crew32 the rights in Your Materials, as contemplated under this Agreement; and (ii) neither Your Materials nor your posting, uploading, publication, submission or transmittal of Your Materials or Crew32's use of Your Materials (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
All Content, product names, trademarks, service marks and logos on the Websites Apps or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Crew32. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
If you submit any ideas, suggestions or testimonials to Crew32, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet. You may only post ideas and material to the Websites if you have obtained appropriate copyright and other permission to post such materials and to permit Crew32 to use such material without restriction.
Crew32 prohibits the sending of unsolicited bulk email or text messages (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the recipient or unless a business or personal relationship has already been established with the recipient. Crew32 also prohibits using false headers in emails or falsifying, forging or altering the origin of any email or text message in connection with Crew32, and/or any products and services. Crew32 prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE IN RELATION TO CREW32'S SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
CREW32 DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE SERVICES.
THE SERVICES ARE PROVIDED "AS IS." YOU RELY ON THE SERVICES SOLELY AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT CREW32, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR USE OF THE SERVICES.
THE CUMULATIVE LIABILITY OF CREW32, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT RECEIVED BY CREW32 FROM YOU (IF ANY) DURING THE SIX-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY, OR (B) $100. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth HEREin form an essential basis of the agreement between the parties HERETO, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of this Agreement would be substantially different.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CREW32, ITS AFFILIATES, AGENTS, INDEPENDENT CONTRACTORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITES OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles.
You and Crew32 agree to resolve any disputes between us in accordance with this Section 14. If you have any dispute with Crew32, please contact Crew32 using the contact information provided herein. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and Crew32 agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Crew32 relating to the Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of JAMS ("JAMS"). If JAMS is not available to arbitrate, the parties shall select an alternative dispute resolution provider ("ADR Provider") and the rules of such provider shall govern all aspects of the arbitration. The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.
For any claim where the total amount of the award sought is $10,000 or less, the JAMS (or ADR Provider, as applicable), you and Crew32 must abide by the following rules: (a) the arbitration will be conducted solely based on written submissions; and (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the JAMS rules (or ADR Provider rules, as applicable), and the parties will attempt to agree on a mutually convenient location for the hearing. If the parties cannot agree on a location for the hearing within thirty (30) days of their initial discussion, the hearing will take place in Los Angeles County, California.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Crew32 will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies. You and Crew32 also have the right to bring qualifying claims in small claims court. In addition, you and Crew32 retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
Neither you nor Crew32 may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Crew32's individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section 14 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 14 shall continue in full force and effect. No waiver of any provision of this Section 14 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. This Section 14 will survive the termination of your relationship with Crew32.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION OR TO HAVE A TRIAL BY JURY, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM AND THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN JAMS RULES OR THE RULES OF THE ADR PROVIDER.
When you download our Apps, you may do so through a third party's App Store. You acknowledge that the terms of this Agreement are between you and us and not with the owner or operator of the App Store ("App Store Owner"). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App. The following applies to any App Store Sourced Application (as such term is defined in Section 3):
(a) Your use of the App Store Sourced Application must comply with the App Store's "Terms of Service" or equivalent terms.
(b) You acknowledge that the App Store Owner has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the App Store Owner, and the App Store Owner will refund the purchase price for the App Store Sourced Application to you (if any) and to the maximum extent permitted by applicable law, the App Store Owner will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Crew32 and the App Store Owner, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Crew32.
(d) You and we acknowledge that, as between Crew32 and the App Store Owner, the App Store Owner is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(e) You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Crew32 and the App Store Owner, Crew32, not the App Store Owner, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
(f) You and we acknowledge and agree that the App Store Owner, and the App Store Owner's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, the App Store Owner will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
(g) Without limiting any other terms in this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate this Agreement or your access to the Services, and (b) deactivate or cancel your Crew32 account. In the event Crew32 terminates this Agreement or your access to the Services or deactivates or cancels your Crew32 account, you will remain liable for all amounts due hereunder (if any). You may cancel your Crew32 account at any time by contacting us at the address provided below. Please note that if your Crew32 account is cancelled, we do not have any obligation to delete or return to you any of Your Materials that you have posted to the Services, including, but not limited to, any reviews or feedback.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Crew32 without restriction.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
You may contact us using the address, email address or phone number listed below:
1427 3rd Street
Santa Monica, CA 90401
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.