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Terms Of Use

  1. Use is Acceptance and Forms an Agreement. Your use of the TheCrewCloud.com web site constitutes your acceptance of these terms of use, so please review them carefully. Please review the following terms of use (“Terms of Use”) that govern your use of www.TheCrewCloud.com, a product of The Crew Connection, Inc., a Colorado corporation (“Crew Connection”). These Terms of Use form an agreement between you and Crew Connection that governs your use of TheCrewCloud.com. Some of the Crew Connection services may be available without need to sign in, and others may be accessible only after you sign in. Please read the requirements of these Terms of Use carefully. Your use of or registration for any Crew Connection services or access to TheCrewCloud.com will constitute your agreement to comply with these Terms of Use. If you do not agree with and agree to comply with these Terms of Use, please do not use this website and exit TheCrewCloud.com immediately.
  2. No Legal Advice. You understand and agree that Crew Connection is not a law firm or an attorney, that Crew Connection may not perform legal services, and Crew Connection’s services are not a substitute for the advice or services of an attorney.
  3. Modification to the Terms of Use. Crew Connection may modify these Terms of Use at any time in its sole discretion. All changes are effective at the time we post them, and those changes will apply to any subsequent access and use of the website by you. Each time you access the TheCrewCloud.com, you will be deemed to have accepted any such changes. Any changes to the dispute resolution provisions set forth in Jurisdiction and Governing will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the website. If we do modify these Terms of Use, we may (at Crew Connection's discretion) provide you no notice or notify you of such changes via e-mail at the e-mail address you provided to Crew Connection at the time of registration.
  4. Termination of Your Use. We may terminate or suspend your access to all or part of the website for your failure to comply with these Terms of Use, in addition to Crew Connection's other remedies.
  5. Termination of TheCrewCloud.com or Crew Connection Services. Crew Connection may at any time and without notice, terminate TheCrewCloud.com in part or in its entirety or any products or services offered through TheCrewCloud.com.
  6. Privacy Policy. Please read our Privacy Policy to better comprehend how we collect and use your personal information. Your use of TheCrewCloud.com also constitutes your agreement to our Privacy Policy.
  7. Crew Connection Ownership. TheCrewCloud.com is owned and operated by Crew Connection. Unless otherwise noted, Crew Connection either owns or has otherwise obtained a license from a third party to use: the design and content of TheCrewCloud.com, including illustrations, images, artwork, graphics, photography, product layout and design, icons, navigational buttons, audio, software, text, data, and other information and materials as well as the assembly and arrangement of those components (the “Site Content”). The site, as a whole and in part, is protected by copyright, trademark, and other intellectual property and other proprietary rights. All rights are reserved.
  8. For Authorized, Internal Use Only. You agree not to make unauthorized use of Site Content by publication, re-transmission, distribution, performance, caching, or otherwise, except as permitted by law or as expressly permitted in writing by these Terms of Use or Crew Connection. Crew Connection will investigate all unauthorized and other illegal uses of the site, and take appropriate legal action as it deems appropriate, including without limitation, the pursuit of all available civil, injunctive, and criminal remedies. Illegal and unauthorized uses of TheCrewCloud.com include, without limitation, efforts to collect usernames or email addresses of users for the purpose of sending unsolicited email and the unauthorized framing of or linking to the site.
  9. Eligibility to Use This Site. TheCrewCloud.com and the Services are not intended for users under the age of 18. To register for any Services offered on TheCrewCloud.com, you must be 18 years of age or older. If you are a minor under the age of 18, you may only use TheCrewCloud.com in conjunction with your parents or guardians. TheCrewCloud.com does not knowingly collect personally identifiable information from users under the age of 18. Children under 18 should not send any information about themselves to TheCrewCloud.com. If a child under 18 submits information through any part of TheCrewCloud.com, and Crew Connection becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
  10. Registering with Crew Connection. You will need to provide us with certain information to obtain services from Crew Connection.
  11. Unacceptable Content. Crew Connection may make certain Services available to users that register and facilitate such users' ability to post content, including text, images, photographs, graphics, comments, reviews, bulletin-board postings, and other user-created and posted materials (“User Content”), to public areas or private portions of TheCrewCloud.com. All User Content is subject to the restrictions set forth in these Terms of Use. If you post any User Content to any portion of TheCrewCloud.com, you agree not to post any User Content that is unacceptable (“Unacceptable Content”); Unacceptable Content includes, but is not limited to, User Content that:
    1. is obscene, indecent, lewd, or profane, including any User Content that is violent, pornographic, sexually explicit, offensive, or that otherwise contains nudity or sexual material, or depictions of violent or sexual acts;
    2. is abusive, harassing, hateful, threatening, inflammatory or otherwise objectionable, including User Content used to harass, threaten, or stalk a person;
    3. is unlawful or that could facilitate the violation of any applicable law, regulation, or governmental policy;
    4. is discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
    5. offers or otherwise disseminates any fraudulent goods, services, schemes or promotions, including pyramid schemes, or is otherwise deceptive;
    6. involves commercial activities or sales, including but not limited to contests, sweepstakes, and other sales promotions or advertising;
    7. is libelous, defamatory, knowingly false, or misrepresentative;
    8. seeks to impersonate any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
    9. infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, patents, rights of privacy, rights of publicity, or trade secrets of that third party, or is otherwise posted without the express permission of the owner of such rights;
    10. includes any material that is encrypted or that involves the transmission of spamming, unsolicited mass mailing, “junk mail,” or unauthorized advertising;
    11. is harmful or malicious to the systems or networks of Crew Connection or any other persons;
    12. interferes with, surreptitiously intercepts, or appropriates any system, program, data, or personal information;
    13. violates any obligation of confidentiality or violates the privacy or any other right of any third party;
    14. consists of any other User Content that Crew Connection in its sole discretion deems to be Unacceptable Content.
  12. Use of Content Supplied by You. Please see our Privacy Policy for information regarding use of personal information you provide or communicate to Crew Connection. By posting User Content or engaging in any other form of communication through Crew Connection, you grant to Crew Connection, and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, copy, transmit, display, publish, adapt, modify, distribute, prepare derivative works, publicly perform, or exploit in any way (collectively “Use”) such User Content or communication and to grant and authorize sublicenses of the foregoing for any purpose, including commercial purposes. CONTENT POSTED BY USERS IS NOT ENDORSED BY Crew Connection. Crew Connection does not necessarily endorse, support, or agree with the Content posted by users on Crew Connection. Any User Content placed on Crew Connection, including advice and opinions, are the views and responsibility of those who post the User Content and do not necessarily represent the views of Crew Connection or its third party service providers. Crew Connection may (but undertakes no duty to) review, edit, move, or delete any User Content posted on TheCrewCloud.com, in its sole discretion without notice. You agree that Crew Connection and any third-party service providers are not responsible for, and will have no obligation to compensate you or otherwise be in any way liable to you for any User Content posted to TheCrewCloud.com by you or others, including without limitation Unacceptable Content that violates these Terms of Use.
  13. Linking to the Website. You may link to the homepage of TheCrewCloud.com, but only if you do so in a way that is fair and legal and neither damages our reputation nor takes advantage of it. You must not establish a link in such a way to suggest any form of approval, endorsement, or association by Crew Connection, unless we have provided prior written consent.
  14. Third Party Linkage. TheCrewCloud.com may link to third-party sites and third-party sites may link to TheCrewCloud.com. You acknowledge that Crew Connection has not reviewed and does not endorse the content of third party sites linked to and from TheCrewCloud.com and is not responsible for the content or actions of these other sites, including any third party sites that may display Crew Connection's logo or branding. Your linking through TheCrewCloud.com to any site is at your own risk.
  15. Copyright Complaints. Crew Connection respects the intellectual property of others, and we ask our users to do the same. Crew Connection may, in its sole discretion, terminate the access of users, subscribers, and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on Crew Connection in a way that constitutes copyright infringement, or that Crew Connection contains links or other references to another online location that contains material or activity that infringes your copyright rights, please send us a written notice. Specifically, in accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 USC Section 512 (“DMCA”), the written notice must include the following: (a) your physical or electronic signature; (b) identification of the copyrighted work or works you believe to have been infringed in a sufficiently precise manner to allow us to locate that material; (c) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (d) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the written notice is accurate; and (f) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Failure to comply with all of the requirements of Section 512(c)(3) of the DMCA may result in an ineffective notice. Please also note that if you knowingly and materially misrepresent that material on the website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Our designated Copyright Agent to receive DMCA Notices is:

    Victoria T. Aguilar, Esq.
    The AR Group, LLP
    8400 E Crescent Pkwy, 6th Floor
    720-452-3301
    victoria@theARgroup.com
  16. Disclaimer of Warranties. YOUR USE OF THECREWCLOUD.COM, THE SERVICES, AND THE PRODUCTS AND SERVICES OF ANY THIRD-PARTY PROVIDERS IS “AS IS” AND AT YOUR OWN RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, CREW CONNECTION, ITS AFFILIATES, AND ANY THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND RELIABILITY. CREW CONNECTION AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT ACCESS TO THECREWCLOUD.COM WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS, OR LOSS OR SECURITY BREACH OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) WILL BE TRANSMITTED THROUGH ACCESS TO OR USE OF THECREWCLOUD.COM.
  17. Limitation of Liability. REGARDLESS OF THE NATURE OF THE CLAIM OR CAUSE OF ACTION AND REGARDLESS OF FORESEEABILITY, CREW CONNECTION AND ANY THIRD PARTY SERVICE PROVIDERS ARE NOT LIABLE TO YOU OR ANY THIRD PARTIES FOR:
    1. ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES ARISING OUT OF THESE TERMS OF USE, THE SERVICES, OR THE PURCHASE OF ANY MERCHANDISE ORDERED THROUGH THECREWCLOUD.COM;
    2. YOUR INABILITY TO ACCESS THECREWCLOUD.COM;
    3. YOUR USE OF OR RELIANCE ON THE SERVICES, THE SITE CONENT, OR MATERIALS AVAILABLE THROUGH THIRD PARTY SITES LINKED TO THECREWCLOUD.COM; AND
    4. ANY VIRUSES, WORMS, TROJAN HORSES, SPYWARE, ADWARE, PHISHING, OR OTHER MALICICIOUS SOFTWARE (MALWARE) THAT ARE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICES OR THECREWCLOUD.COM.
  18. Indemnification. You agree to defend, indemnify, and hold harmless the Crew Connection, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) relating to your violation of these Terms of Use or your use of the website, including but not limited to, your User Content.
  19. Release. YOU HEREBY AGREE TO RELEASE CREW CONNECTION AND ANY THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS OR REVENUES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (“CLAIMS”), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THECREWCLOUD.COM. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
  20. The Security of TheCrewCloud.com. We maintain physical, electronic, and procedural safeguards and personnel policies that are designed to guard TheCrewCloud.com, our systems, and our users' personal information. Such safeguards include, for example, the use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data that is transmitted over the Internet or stored on servers that can be accessed via the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect your personal information, Crew Connection cannot ensure or warrant the security of any User Content you provide to us, and you provide User Content to us at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as necessary so you can take appropriate protective steps. We may notify you under such circumstances using the email address you provided to us when you registered with Crew Connection.
  21. Electronic Communications. When you visit TheCrewCloud.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on TheCrewCloud.com. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  22. Monitoring & Enforcement of Terms of Use. Crew Connection reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website. YOU WAIVE AND AGREE TO HOLD CREW CONNECTION HARMLESS ALONG WITH ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES AS A RESULT OF ITS INVESTIGATIONS OR AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES. In addition to any other remedies for a violation of these Terms of Use or applicable law, we may:
    1. Remove or refuse to post any User Content for any or no reason in our sole discretion.
    2. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, is otherwise Unacceptable Content, infringes any intellectual property right or other right of any person or entity, threatens the personal safety or security of users of the website or the public, or creates any potential liability for the Company.
    3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
    4. Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the website.
    5. Terminate or suspend your access to all or part of the website for [any or no reason, including without limitation,] any violation of these Terms of Use.
    We do not, however, endeavor to review all User Content that is posted to the website, and cannot necessarily ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
  23. Jurisdiction and Governing Law. Crew Connection.com makes no representation that the Site Content, the Services, or products offered through TheCrewCloud.com are appropriate, available, or legal in any particular location. Those who choose to access the site, the Site Content, Information, the Services, and products offered through TheCrewCloud.com do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms of Use, for all purposes, are governed and construed in accordance with the laws of the State of Colorado without regard to its choice-of-law principles. Any action based on or alleging a breach of these Terms of Use must be brought in a state or federal court located in the Denver metropolitan area of Colorado. You agree to submit to the exclusive personal jurisdiction and venue of such courts.
  24. Crew Connection is for use in the United States. TheCrewCloud.com is hosted in the United States and is generally intended for users located in the United States. If you are a non-U.S. user of TheCrewCloud.com, by visiting our website, using our Services, or providing us with any User Content, you agree to comply with all federal and state U.S. laws governing the site, its Services, online conduct, and acceptable Content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
  25. Trademark Notice. CrewCloud and Crew Connection logos are trademarks of Crew Connection. Other featured words or symbols, used to identify the source of merchandise or services, may be the trademarks of their respective owners.
  26. Entire Agreement. These terms of use, any agreements or other terms that are incorporated by reference on TheCrewCloud.com or that you otherwise accept, and the Privacy Policy constitute the entire agreement between you and Crew Connection regarding your use of and access to TheCrewCloud.com and the Services and supersede all prior agreements or understandings, whether oral or written, relating to that subject matter. Any purchase of merchandise through a third-party provider will be subject to any agreement or understanding between you and that third-party provider.