TERMS OF USE
This Terms of Use agreement is effective as of: March 1, 2016
This Platform Does NOT Provide Professional Advice
This Platform Does NOT Provide Professional Advice
This site does not provide professional advice, nor recommends or endorses any of the Service Professionals (defined below) responding to inquiries submitted through the site. CRERAYS does not evaluate whether any professional accessible through this site possesses the education, experience, licensing requirements or competency to provide services to meet your needs. CRERAYS does not recommend or endorse any Service Professional accessible through this site in any capacity. While this site matches Service Professionals who have indicated an ability to assist you with your needs, the selection of a Service Professional and the evaluation of the professional’s ability to fully and competently meet your needs is your decision for which you assume all responsibility. Reliance on any information obtained from the use of this site or from any of the Service Professionals accessed through this site is solely at your own risk.
The content of this site, including all text, graphics, images, information and other material ("Content") contained on the site, are intended for informational and educational purposes only. The Content is not intended to be a substitute for professional advice. The Content is for general informational purposes only. WHILE CRERAYS STRIVES EARNESTLY TO UPDATE THE CONTENT, ANY INDIVIDUAL USE AND/OR RELIANCE ON THE CONTENT IS AT YOUR OWN RISK.
a.
Acceptance of Terms
By using CRERAYS, you agree to our Terms of Use. CRERAYS can change the Terms of Use at any time and will notify you if we do.
These Terms of Use govern the access or use by you of applications, websites, content, products, and services made available to you through the marketplace established by the website and/or mobile application owned and/or operated by CRERAYS whether accessed through a computer or mobile device, including the classified advertisements, forums, various email functions and Internet links, and all content and CRERAYS services available through the domain and subdomains of CRERAYS located at www.crerays.com or through the CRERAYS mobile application software (the “Platform” as more described below). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms of Use, the words "including" and "include" mean "including, but not limited to."
Your access to, use of, and/or participation in the Platform constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CRERAYS. If you do not agree to these Terms, you may not access or use the Platform. These Terms expressly supersede prior agreements or arrangements with you. CRERAYS may immediately terminate these Terms of Use or any services or the Platform with respect to you, or generally cease offering or deny access to the Platform or any portion thereof, at any time for any reason. CRERAYS may set forth from time to time, including without limitation, any policy and any other restrictions or limitations that CRERAYS publishes on the Platform (hereinafter "Additional Policies").
These Terms of Use contain provisions that define your limits, legal rights, and obligations with respect to your use of and/or participation in (i) the Platform and (ii) the online transactions between those users of the Platform who are offering services, listings or advertisements (each, a "Service Professional") and those users of the Platform who are obtaining services (each, a "Service User") through the Platform (such services, collectively, the "Services").
All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business, your acceptance of the Terms of Use will be deemed an acceptance by that business, and "you" and "your" herein shall refer to that business.
CRERAYS reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and CRERAYS will post the amended Terms of Use at the domain of www.crerays.com/terms-of-use, and/or may communicate the amendments through any method of written contact that CRERAYS has established with you. CRERAYS will post notice of the updated Terms of Use in advance of its effective date for amended terms containing material changes. It is your responsibility to review the Terms for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms. If you do not agree to abide by these or any future Terms, please do not access the Platform.
b.
Membership
1
MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By using the Platform, You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and to abide by and comply with these Terms of Use; (b) you will maintain the accuracy of such information; and (c) your use of the Platform and Services offered through this Platform does not violate any applicable law or regulation. Your Account (as defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules, regulations or our terms. You need not register with CRERAYS to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may also register for an Account using your existing LinkedIn account and log-in credentials (your "Third-Party Site Password”). You are solely responsible for safeguarding your CRERAYS password and, if applicable, your Third-Party Site Password (collectively, "Passwords") at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify CRERAYS immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform. You hereby acknowledge and agree that CRERAYS will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of CRERAYS or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User." CRERAYS makes no representation and does not warrant the truth and/or accuracy of any claims, statements, offerings, listings, goods or services of any Registered User, Service Professional or Service User.
2
ACCOUNT POLICIES
You acknowledge and agree that you shall comply with the following policies regarding your account (the "Account Policies”): You will provide truthful, accurate and complete information when creating your Account, and you will maintain the accuracy of such information; You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without CRERAYS’ prior written approval; You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site; You shall not in any way transmit more request messages to the CRERAYS servers, or any server of a CRERAYS subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser, provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. CRERAYS reserves the right to revoke these exceptions either generally or in specific cases; You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with CRERAYS without express written permission from CRERAYS; You shall not take any action that (i) unreasonably encumbers or, in CRERAYS’ sole discretion, may unreasonably encumber the Platform's infrastructure, (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform, or (iii) bypasses CRERAYS’ measures that are used to prevent or restrict access to the Platform; You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should CRERAYS find that you violated the terms of the membership eligibility criteria or any other terms stated herein, CRERAYS reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
c.
Member Conduct
1
ROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service (“Offer" or “Proposal”), the posting of your desired Service ("Request"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:provides or creates links to external sites that violate the Terms; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way; contains falsehoods or misrepresentations that could damage CRERAYS or any third party; is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; condones, promotes or in any way discriminates based on protected class status, variously including race, gender, religion, ethnicity, age, national origin, sexual orientation and gender identity, marital status, or veteran status, in the realm of housing and real estate; is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant CRERAYS all of the license rights granted herein; contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right; is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so; intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a CRERAYS employee, agent, manager, host, another user, or any other person through any means; advertises or solicits a business not related to or appropriate for the Platform (as determined by CRERAYS in its sole discretion) including, but not limited to, a business not in our supported categories as exclusively found on our Platform, a third-party service such as a directory or referral service, a lending service, or a business promoting attendance at an event (e.g. a New Year’s Eve party or professional convention); contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement; contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests; distributes or contains viruses or any other technologies that may harm Crerats, or the interests or property of CRERAYS users; contains links to commercial services or websites, except as allowed pursuant to the Terms; is non-local or irrelevant content; or for content in Proposals specifically, contains any content that overtly damages the Service User experience, including but not limited to requests to download non-CRERAYS mobile applications and/or links that direct the user to "mirrored" websites where the user must enter information that is redundant with what has already been entered on CRERAYS.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Services or the posting of prohibited content by using the contact information listed below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
You acknowledge that we have no obligation to monitor your access to or use of the Services, or to review or edit any Submitted Content, but we have the right to do so for the purpose of operating and improving the Platform or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Use. We reserve the right, at any time and without prior notice, to remove or disable access to any Submitted Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the Platform or the Services. In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing and using the Services.
2
PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing: offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of any payment; or unsolicited advertising or marketing of a service not offered on the Platform or an external website.
3
NO DISCRIMINATION
Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. CRERAYS will not knowingly accept any Posting for employment which is in violation of the law. CRERAYS has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is in any way in violation of any federal, state, or local law.
The Federal Fair Housing Act of 1968 prohibits real estate postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make any such preference, limitation or discrimination. CRERAYS will not knowingly accept or forward any Request or Proposal for real estate which is in violation of the law. CRERAYS shall not be responsible for the content of any Request or Proposal from any Registered User, and such Registered User whose Request and/or Proposal who may have violated any law shall indemnify and hold CRERAYS harmless against any such claims.
4
PROHIBITIONS WITH RESPECT TO SERVICES
By offering services through the Platform, Service Professionals hereby represent and warrant that they, and their employees, agents, contractors, subcontractors or employees who may perform work for them, are properly and fully licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. CRERAYS may review license information provided by Service Professionals either in our discretion or at the request of the Service Professional, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is solely the responsibility of each Service User to determine whether a given Service Professional is qualified and capable of rendering services to them.
While using the Platform, you shall not: post content or items in any inappropriate category or areas on the Platform; violate any laws, third-party rights, Account Policies, or any provision of the Terms, such as the prohibitions described above; fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the Service Professional's identity; fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity; manipulate the price of any Service or interfere with other users' Postings; circumvent or manipulate our fee structure, the billing process, or fees owed to CRERAYS; post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any User); or take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
5
FEEDBACK
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Proposal or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the Service Professional or Service User appear better than he or she actually is or was; and (c) including conditions in a Request that restrict a Service Professional or a Service User from leaving Feedback. The foregoing list of prohibitions provides examples and are not complete or exclusive. If you violate any of the above-referenced rules in connection with leaving Feedback, CRERAYS, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page. You may contact CRERAYS regarding any inappropriate use of Feedback via contact us form. In the event of any dispute between users of the Platform concerning Feedback, CRERAYS shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM CONCERNING FEEDBACK, CRERAYS HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
CRERAYS reserves the right to (a) terminate your access to your Account or your ability to post to this Platform (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that CRERAYS determines is inappropriate or disruptive to this Platform or to any other user of this Platform and/or Services. CRERAYS reserves the right to restrict the number of emails or other messages that you are allowed to send to other users to a number that CRERAYS deems appropriate in CRERAYS’ sole discretion. CRERAYS may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CRERAYS’ discretion, CRERAYS will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Platform or on the Internet. CRERAYS does not and cannot review every Posting posted to the Platform. These prohibitions do not require CRERAYS to monitor, police or remove any Postings or other information submitted by you or any other user.
d.
Additional Rules for Service Professionals
1
PROFILES AND OFFERS MUST NOT BE FRAUDULENT
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list, promote, advertise, or represent Services or Proposals relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names unassociated with the Service Professional or other inappropriate keywords in their Profile, Proposal, Feedback, or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service or Service Professional; (e) offer any teasers, future promises, stale listings, or misrepresent any service that may have been performed by or associated with the User.
2
PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT CRERAYS FEES
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) offer the opportunity through CRERAYS to purchase the Service or any other service outside of CRERAYS; (e) use their Profile page or user name to promote services not offered on or through the Platform and/or prohibited services.
3
PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE,
SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS
Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by CRERAYS as approved payment methods; (b) include links that do not conform to CRERAYS’ policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, or your Proposal; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party Service Professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via CRERAYS; (g) include third-party endorsements in a Posting; or (h) create a Proposal that does not offer a Service or directly respond to a Request.
4
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a Service Professional violates any of the above-referenced rules, CRERAYS, in its sole discretion, may take any of the following actions: (a) cancel the Proposal; (b) limit the Service Professional's Account privileges; (c) suspend the Service Professional's Account; (d) cause the Service Professional to forfeit any fees earned on a canceled Proposal; and/or (e) decrease the Service Professional's status earned via the Feedback page.
e.
Additional Rules for Service Users
1
SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS
(a) commit to purchasing or using a Service without paying any agreed upon fees; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your Request, use of or payment for the Service; (c) agree to utilize the services of a Service Professional when you do not meet the Service Professional's terms as outlined in the Proposal, or agree to consummate a transaction with a Service Professional with the intention of disrupting a Proposal; or (d) misuse any options made available now or in the future by CRERAYS in connection with the use of the Platform.
2
SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Request or Posting, CRERAYS, in its sole discretion, may take any of the following actions: (a) cancel the Request and/or Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
f.
Use of Submitted Content
1
NO CONFIDENTIALITY
You agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Platform, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. You agree that CRERAYS shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
2
YOUR REPRESENTATIONS AND WARRANTIES
You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize CRERAYS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person referenced in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.
3
YOUR OWNERSHIP RIGHTS AND LICENSE TO CRERAYS
You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to CRERAYS for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to CRERAYS a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and CRERAYS’ (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms. For Submitted Content that may be removed or deleted by you, the foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform, which you may do at any time.
You acknowledge and understand that the technical processing and transmission of the Platform, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4
CRERAY’S DISCLAIMERS AND RIGHT TO REMOVE
CRERAYS does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and CRERAYS expressly disclaims any and all liability in connection with all Submitted Content. CRERAYS does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and CRERAYS will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. CRERAYS reserves the right to remove any Data or Submitted Content without prior notice. CRERAYS will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Platform more than twice. CRERAYS also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. CRERAYS may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms at any time, without prior notice and in its sole discretion.
You acknowledge and understand that when using the Platform, you will be exposed to Submitted Content from a variety of sources, and that CRERAYS is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CRERAYS with respect thereto, and agree to indemnify and hold CRERAYS, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Platform.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Platform, or transmit to other Platform users. You understand and agree that CRERAYS may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.
5
SUGGESTIONS
If you send or transmit any communications, comments, questions, suggestions, or related materials to CRERAYS, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, CRERAYS shall have no obligation concerning the Suggestions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Suggestions. You understand and agree that CRERAYS is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution. Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and CRERAYS is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
g.
Mandatory Third-Party Verification Services
CRERAYS uses a variety of tools in an effort to make the Platform as safe as possible for Service Professionals and Service Users. Among these tools are mandatory third-party verifications of professionals which may include identity, background, criminal, sex offender, reputation and other quality screens. CRERAYS reserves the right to conduct these screens during sign up and at any future time during a Service Professional’s use of the Platform.
By registering as a Service Professional on the Platform, you do hereby consent to allow CRERAYS to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Professional. You acknowledge and understand that CRERAYS may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Professional on CRERAYS if you do not want CRERAYS to verify you using third-party service providers.
You hereby authorize CRERAYS to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to CRERAYS, and you acknowledge that CRERAYS reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CRERAYS FROM ANY LOSS OR LIABILITY THAT MAY RESULT FROM ANY THIRD-PARTY SCREENS, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS FEES THAT MAY BE INCURRED IN CONNECTION THEREWITH. In addition, you do hereby understand and expressly agree that CRERAYS does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. CRERAYS retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services.
h.
Optional Third-Party Verification Services
In addition to the mandatory checks described above, CRERAYS offers Service Professionals the ability to opt into several verifications that may reflect on their trustworthiness to Service Users. The services described below are not exhaustive and do not limit CRERAYS’ optional or mandatory verifications. CRERAYS reserves the right to offer new verifications or remove existing verification options at any time.
CRERAYS uses third-parties to provide criminal background check services to Service Professionals. These checks are meant to verify a Service Professional's identity and trustworthiness to Service Users. CRERAYS also seeks to allow Service Professionals to showcase their professional license credentials. CRERAYS uses available public information to facilitate the verification of Service Professionals' licenses, but cannot guarantee the accuracy or completeness of that information.
CRERAYS may make these or other third-party verification services available to Service Professionals. Service Professionals may use these services to verify information such as, but not limited to, criminal background and professional license credentials.
Use of the optional third-party verification services is voluntary. You affirm that all of the information you provide to CRERAYS as part of these optional third-party verification services is correct, complete, and applicable to you. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby understand and expressly agree that CRERAYS offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service or the information provided by them. In addition, you understand that CRERAYS may review the information provided by the third-party verification service and that CRERAYS retains the right to terminate your Account based on such information.
If you use the optional third-party verification services, you understand that the information in the report may be displayed publicly on your Profile and may factor into Service Users' decisions to engage you as a Service Professional. You agree to indemnify and hold harmless CRERAYS from any loss or liability that may result from your sharing this report publicly.
i.
Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice CRERAYS notifies you that it may, as part of your use of the Platform, use a third-party verification service to obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including, but not limited to, consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. CRERAYS will comply with the requirements of the FCRA in its use of this information. If you, as a Service Professional, decide to use or access information provided by a third-party verification service offered through the Platform, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Platform with any other party (either through this Platform or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold CRERAYS harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. CRERAYS does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service.
j.
Copyright Infringement Take Down Procedure
CRERAYS respects the intellectual property rights of others and expects its users to do the same. In appropriate circumstances and at its sole and absolute discretion, CRERAYS may disable, suspend and/or terminate the accounts of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, CRERAYS will respond expeditiously to claims of copyright infringement committed using the Platform that are reported to CRERAYS, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Platform by completing the following DMCA Notice of Alleged Infringement and delivering it to CRERAYS. Upon receipt of the Notice as described below, CRERAYS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Platform. DMCA Notice of Alleged Infringement ("Notice") must contain the following information: Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice:
"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature. If the work you identified is an image, you can ask CRERAYS to remove all copies of the image identified in your request by clearly specifying in the beginning of your email that you are requesting that CRERAYS “remove all content containing the image”. Please note that only identical copies of the image file can be removed by this function. If an image file has been re-sized or altered in any other way, then it cannot be detected or removed through this function. Deliver this Notice, with all items completed, to: CRERAYS LLC, 374 Millburn Avenue, 4th Floor, Millburn, New Jersey 07041. Email: copyright@crerays.com Note: This email address should only be used for copyright complaints. If you need to contact CRERAYS for any other reason, please write in to our help center here: Contact.
What if I receive a Copyright Complaint (DMCA) notification? If you receive a notification that your content has been removed due a copyright complaint, it means that the content has been deleted from CRERAYS at the request of the content's owner. If you want us to forward the information from the Copyright Complaint notification, just email us at copyright@crerays.com to let us know. We'll be happy to send it along (without any personal contact information). If your account receives too many copyright complaints, you may lose the ability to post new content on CRERAYS, and your account may be disabled completely.
If you believe content was removed in error, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will remove the complaint from your account's record.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
How to File a Counter-Notice: Email your counter-notice to copyright@crerays.com. Include ALL of the following: Your name, address, and telephone number; DMCA ID printed at the bottom of the notification email; the source address of the content that was removed (copy and paste the link in the notification email); a statement under penalty of perjury that you have a good faith belief that the content was removed in error; a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Pinterest may be found, and that you will accept service of process from the person who provided the original complaint under subsection (c)(1)(C) or an agent of such person; and a physical or electronic signature (for example, typing your full name).
k.
Modifications to or Termination of Platform
1
MODIFICATION OR CESSATION OF PLATFORM
CRERAYS reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that CRERAYS shall not be liable to you or to any third party for any modification, suspension or discontinuance of CRERAYS services.
2
TERMINATION BY CRERAYS
You hereby acknowledge and agree that CRERAYS, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform (a "Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if CRERAYS believes or has reason to believe that you have violated any provision of the Terms.
3
TERMINATION BY YOU
You may cancel your use of the Platform and/or terminate your Account with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
4
EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to submit Requests, receive or make Proposals, offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of a Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the CRERAYS system.
Unless CRERAYS has previously canceled or terminated your use of the Platform (in which case subsequent notice by CRERAYS shall not be required), if you provided a valid email address during registration, CRERAYS will notify you via email of any such termination or cancellation, which shall be effective immediately upon CRERAYS’ delivery of such notice.
Upon a Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of CRERAYS Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that CRERAYS shall not be liable to you or any third party for any termination of your access to the Platform. Upon a Termination of Service, CRERAYS retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted CRERAYS hereunder shall remain in effect for the foregoing purpose. In no event is CRERAYS obligated to return any Submitted Content to you. These Terms of Use, and the rights and obligations hereunder shall survive expiration or termination of the Platform or your Account.
l.
Intellectual Property Rights
1
CRERAYS OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by CRERAYS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. CRERAYS reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2
CRERAYS’ LICENSE TO YOU FOR THE USE OF THE PLATFORM, DATA, AND MARKS
CRERAYS hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms; provided, however, that you act in accordance with the Terms of Use, including the specific terms outlined below, and in accordance with all applicable local, state, and federal laws.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any purposes the mobile application, site, or any portion of the Platform, including, without limitation, Content and Marks, except as authorized by these Terms or as otherwise authorized in writing by CRERAYS and its applicable licensors. The Platform is provided for your personal use only and is protected under both United States and foreign laws. Title to the Content remains with CRERAYS or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. You must abide by all copyright notices, information, or restrictions contained in or associated with any Content.
The Platform contains CRERAYS’ Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and CRERAYS owns and retains all rights in the CRERAYS Data and Marks. Subject to these Terms, CRERAYS hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the CRERAYS Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
CRERAYS may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal or commercial websites for use in accessing the materials on the Platform; provided, however, that you provide a link back to the Platform on any pages that contain the Embeddable Player. CRERAYS reserves the right to discontinue any aspect of the Platform at any time.
m.
CRERAYS Fees
1
FEES INCURRED BY SERVICE PROFESSIONALS
Joining CRERAYS is free. CRERAYS reserves the right at its sole discretion to charge fees to Service Professionals for other services that CRERAYS may provide, including but not limited to fees for contacting Service Users, responding to leads generated by CRERAYS, or conducting transactions with Service Users through CRERAYS.
CRERAYS may offer premium services to Service Professionals for a fee and may in the future offer additional services, like customer relationship management, calendar, and bookkeeping, that Service Professionals can also choose to purchase. CRERAYS reserves the right to charge fees for these services at its sole discretion.
2
FEES INCURRED BY SERVICE USERS
Joining CRERAYS, viewing Proposals, Service Professional Profiles, and submitting a Request is free. CRERAYS currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Professionals. However, CRERAYS reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after CRERAYS has provided you with fourteen (14) days' notice by posting the changes on the Platform.
3
PAYMENT OF FEES
If applicable, you agree to pay all fees or charges to your Account based on CRERAYS’ fees, charges, and billing terms then in effect. If you do not pay on time or if CRERAYS cannot charge your credit card, PayPal or other payment method for any reason, CRERAYS reserves the right to either suspend or terminate your access to the Platform and account and terminate these Terms of Use. You are expressly agreeing that CRERAYS is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that CRERAYS may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
4
TAXES
Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer tax advice to either Service Professionals or Service Users.
5
REFUND POLICY
All sales on CRERAYS are final and non-refundable.
n.
Negotiation of Terms of Service; Disputes Between Registered Users
1
NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, CRERAYS provides a general framework for vetting Service Professionals and negotiating the respective terms of Service (e.g., rate). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Service.
You should not rely on the any information or resources contained on the Platform as a replacement or substitute for any professional, financial, legal or other advice or counsel. CRERAYS makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platform. In no way will CRERAYS be responsible for any actions taken or not taken based on the information or resources provided on this Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
2
CRERAYS IS NOT A PARTY TO ANY CONTRACT BETWEEN A USER AND SERVICE PROFESSIONAL
Each Registered User hereby acknowledges and agrees that CRERAYS is NOT a party to any oral or written Agreement, involved in the vetting process, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
3
NO AGENCY OR PARTNERSHIP
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform, without exception. You do not have any authority whatsoever to bind CRERAYS in any respect. All Service Professionals are independent contractors. Neither CRERAYS nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.
4
RELATIONSHIP BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users.
You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Requests, Proposals, Postings and/or Feedback, is your personal decision for which you alone are responsible. You understand that CRERAYS does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. CRERAYS is not responsible for the interactions, transaction, or dealings between any Service Professional and Service User
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT CRERAYS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT CRERAYS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE CRERAYS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, SUCCESSORS AND ASSIGNS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
o.
Dispute Resolution
If a dispute arises between you and CRERAYS, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CRERAYS hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Platform in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via email at contact us. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
1
GOVERNING LAW
The Terms shall be governed in all respects by the laws of the State of New Jersey or Delaware, whichever jurisdiction is selected by CRERAYS, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against CRERAYS must be resolved by a court located in New Jersey, or a United States District Court located in New Jersey, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New Jersey or the United States District Court, located in New Jersey, for the purpose of litigating all such claims or disputes.
p.
Advertisements
Aspects of the Platform and other CRERAYS services may be supported by advertising revenue. As such, CRERAYS may display advertisements and promotions on the Platform. The manner, mode and extent of advertising by CRERAYS on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by CRERAYS of any advertised products or services. You agree that CRERAYS shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform.
q.
Third-party Links, Advertisements, Contact Forms and Phone Numbers
The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because CRERAYS has no control over such sites and resources, you acknowledge and agree that CRERAYS is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be CRERAYS endorsement of such third-party sites or any product or service offered through them. The Third-party website may have different privacy policies and terms and conditions and business practices than CRERAYS. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Platform or transacting with CRERAYS. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than CRERAYS are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. CRERAYS takes no responsibility for advertisements or any third party material posted on the Platform or offered in connection with the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Platform are between you and the advertiser, and you agree that CRERAYS is not liable for any loss or claim that you may have against an advertiser.
r.
Disclaimer of Warranties
CRERAYS disclaims all liability or responsibility for injury or impairment experienced by you if you utilize any of the services by a Service Professional accessed through the Platform.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRERAYS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. CRERAYS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. When using the Platform, information is transmitted over the Internet, a medium which is beyond the control of CRERAYS. Accordingly, we assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform.
CRERAYS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR SERVICE PROFESSIONAL THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. CRERAYS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. In addition to the foregoing, CRERAYS makes no representations or warranties about the education, experience, licensing status or competency of any of the Service Professional responding to inquiries submitted through the Platform; and the accuracy, reliability, completeness, currency, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Platform.
s.
Limitations of Liability
IN NO EVENT SHALL CRERAYS, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PLATFORM; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THUMBTACK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF CRERAYS, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO CRERAYS BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT CRERAYS SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT CRERAYS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS THAT ARE NOT OWNED OR CONTROLLED BY CRERAYS. CRERAYS DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMS. IN ADDITION, CRERAYS WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE CRERAYS FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY PLATFORM. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.
Neither CRERAYS nor you shall be liable to the other for any delay or failure in performance under the Terms, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of terrorism, criminal acts, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
t.
Indemnification and Release
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS CRERAYS, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; ARISING OUT OF A TERMINATION OF SERVICE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM.
IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM USERS, YOU FOREVER RELEASE CRERAYS (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM AND/OR ANY SUBMITTED CONTENT.
THE TERMS, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY CRERAYS WITHOUT RESTRICTION.
If you are a California resident, you waive California Civil Code Section 1542, which provides the following:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.
u.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
v.
No Third-party Beneficiaries
You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.
w.
Contacting You
You agree that CRERAYS may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. By agreeing to receive text messages or telephone calls from service providers, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by using our contact us form and write “Revoke Electronic Consent” in the notes section. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send a message via contact us form with contact information and the address for delivery.
x.
General Information
1
MISCELLANEOUS
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by CRERAYS on the Platform, shall constitute the entire agreement between you and CRERAYS concerning the Platform. If any provision of the Terms 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.
No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and CRERAYS’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
2
STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3
CONTACT INFORMATION
If you have any questions about the Terms or the Services, please contact us.