Terms of Service

These Terms of Service (the “Terms”) relate to the use of Crowded Company, Inc.’s (“Crowded” or “we”) services which are accessed through mobile applications and websites, including any messages, emails, SMS texts or software provided by or on behalf of Crowded on or in connection with such mobile applications and websites (collectively, all of the applications, websites, messages, information and software provided by Crowded are referred to in this Agreement, as the “Services”).  In connection with the use of the Services, you agree to the terms and conditions of these Terms and its related Privacy Policy and such other policies that we display from time to time.

 

We reserve the right to amend, remove, or add to these Terms at any time. Such modifications shall be effective immediately. Accordingly, you should continue to review these Terms whenever accessing, linking to, or using the Services. Your access, link to, or use of the Services, after the posting of modifications to these Terms will constitute your acceptance of these Terms, as modified. If, at any time, you do not wish to accept these Terms, you should immediately stop using the Services and may not access, link to, or use the Services. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by us and shall be of no force or effect.

 

The Services are made available for use by individuals seeking employment openings (each a “Candidate” or collectively “Candidates”), and by persons who either offer employment or make available information regarding employment openings, whether directly or for others (each an “Employer” or collectively “Employers”).  If you are accessing or using the Services in your capacity as a representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, and you represent and warrant that you have the authority to bind such Employer, as applicable, to this Agreement.

 

We may, at any time and without liability, modify or discontinue all or part of the Services (including access to the Services via any third-party links); charge, modify or waive any fees required to use the Services; or offer opportunities to some or all of the users of the Services.

 

  1. Intellectual Property

    The Services, including but not limited to text, content, photographs, music, video, audio and graphics, and other materials on the Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries, both as a collective work and individual works for various independent pieces of content.  You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the Services.

    You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by us, our affiliates and third parties through substantial time, effort, and money and constitutes our valuable intellectual property or the intellectual property of others. You agree to protect our proprietary rights and all others having rights in the Services and to comply with our reasonable written requests or those of our suppliers and licensors of content, materials, information or otherwise (each a “Supplier” or collectively "Suppliers") to protect their and others' contractual, statutory, and common law rights in the Services. You agree to notify us in writing promptly upon becoming aware of any unauthorized access or use of the Services by any individual or entity or of any claim that the Services or any content displayed on the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights, but we have the sole discretion to act as we deem necessary. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications, content, materials and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and us, at all times be and remain our sole and exclusive property. All present and future rights in and title to the Services (including the right to exploit the Services and any portion of the Services over any present or future technology) (express or implied) are reserved to us for our exclusive use. Except as specifically permitted by the Agreement, you may not copy or make any use of the Services or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Services, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without our prior written approval.

    All communications that you engage in with other users through the Services may be retained as part of our continued desire to improve, monitor and/or offer the Services or other services.  Each user may elect how he, she, or it wants to communicate through the Services with others.

  2. Restrictions on Use

    We reserve the right at all times (but will not have any obligation) to terminate your use of the Services at any time. You may not use the Services for any illegal purpose, for the facilitation of the violation of any law or regulation or to encourage anyone else to do so, or in any manner inconsistent with these Terms. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information, content, audio, video, photos, or other materials contained in the Services in any manner, including without limitation, in a manner that could reasonably be deemed to compete with our business.

    You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Services, except that you may download material from the Services for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or otherwise disseminate any audios, videos, photos, content, or other materials included in the Services without our prior written consent.  You may not offer any part of the Services for sale or distribute it over any other medium including but not limited to other websites, a computer network or hyperlink framing on the internet without our prior written consent. The Services including but not limited to, the content, audios, videos, photos, information or other materials contained therein may not be used to construct a database of any kind. You may not store the Services (in its entirety or in any part) in databases for access by you or any third party or to distribute all or part of the Services through any means other than expressly set forth herein. You may not use the Services in any way to develop, construct or improve data that you may distribute or sell to any third party.

    You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Services that: (i) is promotional in nature, including solicitations for funds or business, without our prior written authorization, (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (i.e., proprietary and confidential information, personally identifiable information or material information relating to trading securities); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights or privacy rights of any party; (v) could be discriminatory or otherwise deemed violative of employment rights, or violates any law (federal, state or local); (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vii) is harmful to or threatens minors; or (viii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

    You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Services any content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. We may remove any such identification information, but do not undertake any obligation to do so, and we have no responsibility and disclaim all liability for any posting of such identification information.

    You may not use any of our trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or are used with our consent, and you acknowledge that you have no ownership rights in and to any of such items.

    You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Services, any activities conducted on or through the Services or any servers or networks connected to the Services. You may neither obtain nor attempt to obtain through any means any materials or information on the Services that have not been intentionally made publicly available either by public display on the Services or through accessibility by a visible link on the Services. You shall not violate the security of the Services or attempt to gain unauthorized access to the Services, data, materials, information, computer systems or networks connected to any server associated with the Services, through hacking, password timing or any other means. You may neither take nor attempt any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Services, any data or content found on or accessed through the Services, or any information related to the Services without our prior express written consent. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

    You may not (a) restrict or inhibit any other user from using and enjoying the services or features of the Services; (b) use the Services to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; (d) “stalk" or otherwise harass another; (e) use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising; or (f) gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Services.

  3. Registration and Account Creation

    As part of the registration and account creation process necessary to obtain access to certain portions of the Services, including those portions that require a fee or payment for access, you will select a username and a password. You will provide us with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person's authorization; or (iii) use a username or password that we, in our sole discretion, deem offensive or inappropriate. We reserve the right to deny creation of your account based on our inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify us of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age sixteen (16) is strictly prohibited. If the computer system or equipment on which you accessed the Services are sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Services. We reserve the right to terminate your account, in our sole discretion, at any time without notice. You may terminate your account at any time. You are responsible for all charges, as applicable, incurred up to the time the account is terminated. Notwithstanding anything else herein, we reserve the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Service at any time and certify that you currently have no other account(s) with the Service. You agree that Crowded may, as part of our Services to you, communicate with you, or initiate communication with you on behalf of a third party, through your account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Crowded or that Crowded may otherwise obtain from third-party sources. By providing Crowded with a mobile phone number, you expressly consent to receiving communication via such mobile number; provided that you will have the option to decide whether or not you will accept SMS texts. You will be solely responsible for all costs that your mobile provider may charge associated with receiving such texts or other communications from us, or otherwise.

  4. Employment Listings

    We may make available certain employment listings and other employment-related contents, including links to third-party websites (each an “Employment Listing” or collectively, “Employment Listings”) through the Services. Employment Listings are created and provided by third parties over whom we exercise no control.  You agree and understand that we have no control over Employment Listings and cannot and do not review or confirm the accuracy or availability of any Employment Listing, including without limitation, any information regarding the Employer. Except for certain sponsored, featured or paid placements, the Employment Listings contained on the Services are indexed and/or posted in an automated manner. We do not have any obligation to screen any Employment Listing, or to include any Employment Listing in our search results or other listings, and may exclude or remove any Employment Listing from the Services for any or no reason. We assume no responsibility, and disclaim all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Employment Listing. You agree that we may also provide search options to narrow down Employment Listing search results by type (i.e. full-time, part-time, etc.), and the results are based on automated criteria created by us and may  not accurately reflect the Employment Listing.

    If you are a Candidate, any resume or application information that you submit through the Services is subject to these Terms and to our Privacy Policy and other policies provided to you.  Without limiting the foregoing, however, if you create a public resume through the Services, you are requesting and authorizing us to make available your resume to any Employer that we believe may have an interest in your resume. By creating or uploading a resume onto the Services, we may contact you to share Employment Listings with you that match your experience on your resume. In addition, you authorize us to reformat an Employment Listing where viewed on your phone.  When sending your resume and application information to Crowded, you are requesting and authorizing Crowded to make available such application information to Employer(s) for such Employment Listing(s). When you ask Crowded to transmit an application or a message to an Employer, you understand that this is without warranty, including any assurances that the information or any messages from you will be received by the Employer, transmitted without mistakes or that any Employer will access, read or respond to any such resume or application material. In addition, we are not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments. You agree that your application and any responses or other documentation sent to you by the Employer through our Services are being processed, retained and/or analyzed by us according to these Terms and our Privacy Policy. We may store such information regardless of whether a job vacancy has been filled. We may use your application materials (including public resumes and other communications) to determine whether you may be interested in an Employment Listing, and we may contact you directly relating to other Employment Listings.  We cannot and do not guarantee the validity of any offer of employment.  Candidates should verify the validity of a job offer before taking any action regarding their current employment situations.

    If you are an Employer, when you create an account with us, post an Employment Listing or other information through our Services, you agree that these Terms and all of our policies, including our Privacy Policy, apply to you and to the Candidates who contact you through or in connection with the Services. You agree that we may limit the manner in which Candidates may contact you through our Services and that any Candidate who wishes to indicate an interest in such Employment Listing may only do so through our Services, and that we will send applications to the email address that you provide to us. Our Services will also permit you set up an interview, view a resume and/or take action with regard to the application, and you consent to us monitoring, retaining and analyzing these actions. We have no ability to verify the contact information provided by you.  In the event you provide incorrect contact information for yourself, you must correct, appropriately respond, or take any steps necessary to protect the privacy of such Candidates, and you will indemnify Crowded for any damages resulting from providing us with incorrect contact information for you. We may send emails on your behalf, as requested, for scheduling interviews, contacting Candidates and other action.  We are not responsible for the content of your emails, application form, screener questions or their format, and we do not guarantee delivery, your receipt of the Candidate’s emails or application materials, or that there will be no mistakes in the transmission of the data. You agree that our Services are presented to you without warranty and Crowded assumes no responsibility for the communications between you and the Candidate, which communications are yours’ and the Candidates’ sole responsibility. When you respond to or contact a Candidate, you are providing information to Crowded and requesting and authorizing us to make available such information to the applicable Candidate. Additionally, you consent to Candidate’s applications and any responses sent by you (including offer letters) through Crowded being processed, retained and analyzed by us according to these Terms and our Privacy Policy. We shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Employment Listings or other information that you post, and any messages that you send through the Services or otherwise, including any questions for Candidates. You agree that we may reject or remove any Employment Listing, any content that you post or any questions for Candidates for any or no reason. You shall indemnify, defend and hold harmless Crowded, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any content you post, or any Employment Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Candidates contained in any of the foregoing). We may provide analytics data regarding your Employer account to anyone at your company at our discretion.

    Regardless of whether you are an Employer or Candidate:

    1. when you send, store or receive materials (including Employment Listings, resumes, and messages) through or using the Services, we may, for example, use such materials for data analysis, quality control, or to refine the Services or any other product or service (including to provide better search results and other listings for Candidates and Employers), whether via automated means or otherwise. When you send, store or receive materials through or using the Services, we may also inform a Candidate that an Employer has taken an action with regards to a Candidate’s application such as opening the application, viewing the application and making a decision with regards to the application, and you hereby consent to us taking such actions. We assume no responsibility, and disclaim all liability, for the content, accuracy, completeness, legality, reliability, or availability of any employment listing, content, screener question, answer to screener question, resume information you post, send or receive through the Services. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact us to do so.  We do not promise to correct any inaccuracy.
    2. We may use application materials (including resumes and responses to screener questions) to determine whether the words of any Candidate’s resume and answers to screener questions match the words of a Employment Listing, and vice-versa.
    3. You agree and consent that we may separate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. We may also use such information in order to improve the Services or any other product or service (including by displaying or otherwise making available potentially relevant Employment Listings and resumes to Candidates and Employers).
    4. We may provide data or other content to you relating to employment such as salary information, geography, etc., for informational purposes only, and they are subject to change or varying levels of accuracy.  You should confirm all data or other content is in accordance with laws relating to employment, such as theFair Labor Standards Act.
  5. User Content

    The Services may include a variety of services and features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others and allow users to post Employment Listings, resumes, information, text, images, audio, video, messages, and other materials. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Services, or sent via any email services on the Services, lies with each individual user and we do not endorse and are not responsible for same.  You alone are responsible for the material that you post or send. We do not control the messages, information or files that you or others may provide through the Services or necessarily monitor same. Some of the user content may be posted anonymously.  User content may be inaccurate, incomplete, misleading or deceptive. You acknowledge that by accessing the Services you may come into contact with content that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Crowded shall have no liability with respect to such content.

    Although we have no obligation to do so, we may monitor user content, and reserve the right to delete all of any portion that, in our sole discretion, violates these Terms or that we deem in our sole discretion to be inappropriate. If you believe that any user content violates the Terms or our policies, please contact us immediately so that we may have the opportunity to consider its removal. It is within our sole discretion whether any user content violates any policies or should be removed.

    Crowded reserves the right to disclose all user content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with the Services in order to protect itself, its affiliates, its partners and its visitors and to comply with legal obligations or governmental requests. We may be required by subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information.

    Without limiting the generality of the foregoing, we reserve the right (but are under no obligation) to remove any Employment Listing that directly or indirectly discriminates against Candidates. If you are an Employer, then you understand and agree that it is your responsibility to refrain from posting any Employment Listing that directly or indirectly discriminate against Candidates or otherwise violates applicable law.

    You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Services through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of the Terms. We also reserve the right to deny access to the Services or any features to anyone who violates the Terms or who, in our sole judgment, interferes with the ability of others to enjoy the Services or infringes the rights of others.

  6. External Sites

    The Services may from time to time contain links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.  All of the External Site’s terms of use, privacy policy and other policies set forth on the External Site apply to your use of the External Site.  You use the External Sites for your own purposes and exclusive of our Services.

    In addition, we may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such External Sites or third party services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided by these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.

  7. License to Content and Feedback

    Only to the extent permitted by law, if you post content or submit material to us, including photographs, videos, contents, information or other material, you grant us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, you grant to us, our affiliates, and sublicensees the right to use your name, user name, and/or trademarks and logos in connection with any such content or our marketing materials.

    You represent and warrant that: (i) you own the content that you submit, post, display, or otherwise make available on or through the Services, or that you otherwise have the right to grant the license set forth in this section, (ii) such content, and its submission, posting, display or availability on or through the Services does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Services does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such content. You agree to defend, indemnify and hold harmless us our officers, directors, employees, agents and our affiliates from any claims resulting from any such content. If you wish to request to revoke the license granted by you in this Section for any such content, please contact us as provided in the notices section below and request removal of such content.

    If you provide feedback to us concerning the functionality and performance of the Services from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”), then you hereby grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that we may disclose any or all Feedback to any third party in any manner, and you agree that we may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place us under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to us, or developed by our employees, or obtained from sources other than you.

  8. Notice of Copyright Infringement

    If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Services in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to Crowded Company, Inc.____________________________, Attention: ____.  The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).

     
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
    3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
    4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

    Please note that the contact information provided in this paragraph is for suspected copyright infringement only.

  9. Class Action Waiver

    In consideration for your use of the Services, you (either an Employer or Candidate) agree not to sue Crowded as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Crowded regarding your use of the Services. If you do not agree to any part of these terms, do not continue your use of the Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.

    You understand and acknowledge that Crowded or its affiliates, or its or their licensors, owns all right title and interest to the Services and all proprietary rights associated therewith. Crowded reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Services. Any use of materials or descriptions, any derivative use of the Services or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Services or any materials contained therein.

  10. Disclaimer and Limitation of Liability

     
    1. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICES AND ANYTHING CONTAINED WITHIN THE SERVICES, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICE, GOODS, OR ADVERTISEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE SERVICES, AND ALL MATERIALS, INFORMATION, ADVICE, EMPLOYER LISTINGS, USER CONTENT, PRODUCTS AND SERVICES. WE AND OUR AFFILIATES, AND OUR AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR AFFILIATES, AND OUR AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SERVICES. CROWDED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY CROWDED.

      YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.

    2. We do not warrant that the Services are compatible with your equipment or that the Services, or e-mail sent by us or on our behalf, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that we and our Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (a) any injury or damages, whether caused by our negligence, or the negligence of our affiliates, Suppliers, agents, directors, officers, employees, representatives, subsidiaries, successors, and assigns, or otherwise arising in connection with the Services and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against us by any other party; or (b) any fault, inaccuracy, omission, delay, or any other failure in the Services caused by your computer equipment or arising from your use of the Services on such equipment. The content of other internet websites, services, goods, or advertisements that may be linked to the Services is not maintained or controlled by us.  We are not responsible for the availability, content, or accuracy of other internet websites, services, or goods that may be linked to, or advertised on, the Services. We do not: (1) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Services; (2) guarantee the accuracy, completeness, usefulness or adequacy of any other interest websites, services, goods, or advertisements that may be linked to the Services; or (3) make any endorsement, express or implied, of any other internet websites, services, goods, or advertisements that may be linked to the Service. We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Services. You understand that we and/or third-party contributors to the Services may choose at any time to inhibit or prohibit their content from being accessed under the Terms.
    3. You acknowledge that: (a) the Services are provided for information purposes only; (b) the Services may include certain information taken from sources from around the world; (c) we do not guarantee the accuracy, completeness, or timeliness of the Services; (d) the provision of certain parts of the Services are subject to the terms and conditions of other agreements to which we are a party; and (e) the information provided on this the Services not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, we and our Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (1) inaccuracies or errors in or omissions from the Services; (2) delays, errors, or interruptions in the transmission or delivery of the Services; or (3) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.
    4. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE OR OUR SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE OR THEY HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICES OR ANY LINKS OR ITEMS ON THE SERVICES OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.
  11. Your Authority to Agree to the Terms

    You represent, warrant and covenant that  you have the power and authority to enter into this agreement, including being of appropriate age to do so.

  12. Indemnification

    You agree, at your own expense, to indemnify, defend and hold harmless us and our Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Services, or any links on the Services, including, but not limited to: (i) your use or someone using your computer's use of the Services; (ii) use by someone using your account; (iii) a violation of the Terms by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Services by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Services by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defense. You agree to pay our reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by us under the Terms and any other terms and conditions of service on this Site, including without limitation, lawsuits arising from your failure to indemnify us pursuant to the Terms.

  13. Termination

    You may terminate the Terms, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. You agree that, without notice, we may terminate the Terms, or suspend your access to the Services, with or without cause at any time and effective immediately. The Terms will terminate immediately without notice from us if you, in our sole discretion, fail to comply with any provision of the Terms. We shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Services. Upon termination of the Terms by either of us, you must discontinue your use of the Services and destroy promptly all materials obtained from the Service and any copies thereof.  Sections 2, 3, 5, 6, 8, 10, 12 and 14 shall survive any termination of the Terms.

  14. Governing Law

    The Terms and our relationship shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the Terms.

  15. United States Export Control & Foreign Assets Control Regulations

    We do not represent that materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. Software from the Service is subject to U.S. export controls and may not be downloaded, exported or re-exported: (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (ii) to anyone on or acting on behalf of an entity on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List or Entities List (together referred to as "U.S. Prohibited Party Lists"). By downloading or using such software, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

    In using the Services, you will cause communications to be sent through our computer networks, portions of which are located around the United States and possibly abroad. As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.  You acknowledge that use of the Services results in interstate data transmissions.

  16. Miscellaneous

    You accept that we have the right to change the content or technical specifications of any aspect of the Site at any time in our sole discretion. You further accept that such changes may result in your being unable to access the Site or Service. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The section titles in the Terms are used solely for the convenience of the parties and have no legal or contractual significance.  If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the Terms will remain in force.  The Terms, any other terms and conditions of service on the Services and any agreement we sign relating to usage of the Services constitute the entire agreement between the parties and govern your use of the Services.  The Agreement  constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Crowded.  These Terms, together with any amendments and any additional agreements you may enter into with Crowded in connection with the Services, shall constitute the entire agreement between you and Crowded concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

    You may not assign or delegate any of your rights or obligations hereunder without Crowded’s prior written consent and any such attempt is void. Crowded may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Crowded may assign any agreement between you and Crowded to any related Crowded entity by informing you of such assignment. Crowded and you are not legal partners or agents, but are independent contractors.

Contacting Us

 

If there are any questions regarding this privacy policy you may contact us using the information below.

www.crowded.com
19 West 34th St.

New York, NY 10001

US
info@crowded.com
Last Edited on 2017-06-21
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