Terms of Service

Terms of Service for J/109 Vento Solare using Crew Manager LLC Website Services

The following terms and conditions (“Terms of Service” or these “Terms”) are a legal agreement between you and Crew Manager LLC, (“Crew Manager”), and govern your access to, and use of, the Crew-Mgr.com website (the “Website”), and your use of any of the services offered by Crew Manager (collectively with the Website, the “Services”).

By clicking on the “I Agree” checkbox, or by accessing, browsing, or otherwise using the Website, you agree to be bound by these Terms and any of the related policies or guidelines, including any subsequent changes or modifications to them and that you have the authority to enter into these Terms personally or on behalf of the third party you have named as the user. The term “you” refers to the individual, crew, boat, skipper, or legal entity identified as the user when you registered for the Services. If you do not agree to these Terms or any changes, do not access or otherwise continue to use these Services.

These Terms of Service include a class action waiver and a waiver of jury trials and require binding arbitration on an individual basis to resolve disputes.

These Terms of Service limit the remedies that may be available to you in the event of a dispute.

Registration

In order to access certain features of the Services you may be required to register for an account (“Account”). In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (i) of legal age to form a binding contract; and (ii) not a person barred from using the Services under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Crew Manager immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or Crew Manager has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Crew Manager has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. Crew Manager reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Services if you have been previously removed by Crew Manager, or if you have been previously banned from use of any of the Service.

Crew Manager Services

The Crew Manager Services provide a digital platform to manage and organize sailboats, and crews. The Services may be used by boat managers boat owners or skippers (each an “Organization”), boat participants themselves (each a “Crew”). Crew refers to boat participants that are either participants over the age of 13, or the parent or legal guardian of a youth crew participant who is under the age of 13. The Services may be offered by Crew Manager itself. Crew Manager is not responsible for the practices of Organizations or Crew that Crew Manager does not own or control. If you are a Crew or Household Member with questions regarding any of the additional polices or agreements contained on an Organization Site, please contact the related Organization or Team directly.

Payment and Fees

Some elements of the Services may be offered by Crew Manager for a fee. The fees for such Services are posted on the Website and/or the Crew Manager Stores. Unless otherwise agreed in writing, fees are subject to change without notice. You agree to pay Crew Manager in advance the applicable fees for the Services provided by Crew Manager under these Terms. If you elect to pay applicable fees with a credit card, Crew Manager will bill your credit card for all fees and you hereby authorizes Crew Manager to charge your credit card or to charge any form of payment you have obtained to replace your credit card. You will provide Crew Manager with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Crew Manager reserves the right to terminate your use of the Services and in addition to seeking any other legal remedies. Crew Manager is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Crew Manager. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars and are due as set forth on the Website. Crew Manager’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Crew Manager’s income.

Subscriptions

By purchasing any Services that are sold as an ongoing subscription (each a “Subscription”), you acknowledge that your Subscription has an initial and term payment feature. Subscription terms are paid in advance of the term expiration.

Your renewal date will be the anniversary of your sign-up date after your initial term ends. For example, if you bought a twelve-month Crew Manager Subscription on November 7th, your Subscription term completes in 365 days.

Crew Manager Payments Service

Unless otherwise clearly stated, Crew Manager payment processing services are provided by PayPal and are subject to the PayPal Connected Account Agreement, which includes the PayPal Terms of Service (collectively, the “PayPal Services Agreement”). By agreeing to the Terms of Service or continuing to utilize Crew Manager for payment processing services, you agree to be bound by the PayPal Services Agreement, as the same may be modified by PayPal from time to time. As a condition of Crew Manager enabling payment processing services through PayPal, you agree to provide Crew Manager accurate and complete information about you and your business, and you authorize Crew Manager to share with PayPal such information and transaction information related to your use of the payment processing services provided by PayPal.

Acceptable Use Policy

You are independently responsible for complying with all applicable laws in all of your actions related to your use of Crew Manager’s service, regardless of the purpose of the use. In addition, you must adhere to the terms of this Acceptable Use Policy.

Prohibited Activities

You may not use the Crew Manager service for activities that:

• violate any law, statute, ordinance or regulation.
• relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law.
• relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business Activities: the sale of traveler’s cheques or money orders, currency exchanges or cheque cashing, or (g) provide certain credit repair or debt settlement services.
• involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
• violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices.
• involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes.

Violations of the Acceptable Use Policy

We encourage you to report violations of this Acceptable Use Policy to Crew Manager immediately. If you have a question about whether a type of transaction may violate the Acceptable Use Policy, you can email Crew Manager at admin@Crew-Mgr.com.

Ownership

Crew Manager and its licensors own all rights, title, and interest in the Services (including but not limited to, any computer code, themes, objects, characters, character names, stories, dialogue, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Crew Manager.

You are not conveyed any other right or license, by implication, estoppel or otherwise, in or under any patent, trademark, or proprietary right of Crew Manager or any third party. Any unauthorized use of the Services will terminate the permission or license granted by Crew Manager to you under this Terms of Service and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Crew Manager (“Feedback”) is at your own risk and that Crew Manager has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Crew Manager a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights. Additionally, if you provide reviews or quotes about any of the Services to Crew Manager (“Reviews”), you hereby grant Crew Manager a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner and all Reviews and to include your first name in connection with Crew Manager’s use of the any such Review.

User Content

You are legally responsible for all data, content or other information (“User Content”) uploaded, posted or stored through your Account or on your Organization Site or otherwise through your use of the Services. You are responsible for any User Content that may be lost or unrecoverable through your use of the Services. You must provide all required and appropriate warnings, information and disclosure. Crew Manager does not control the User Content posted via the Services and as such, does not guarantee the accuracy, integrity or quality of such content. Crew Manager reserves the right, in its sole discretion, without notice at any time, to (a) review the User Content posted via the Services; (b) edit, remove or refuse to post any User Content, in whole or in part, for any or no reason in Crew Manager’s sole discretion; (c) take any action with respect to any User Content that we deem necessary or appropriate in Crew Manager’s sole discretion, including if we believe that such User Content violates these Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for Crew Manager; (d) 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; (e) disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request; (f) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and (g) terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, your violation of these Terms of Service or any other agreement between you and Crew Manager.

Crew Manager claims no intellectual property rights over the User Content you provide to the Services. Your User Content remain yours. However, you grant to Crew Manager and its related companies, affiliates and partners an irrevocable, worldwide, royalty-free license to (a) host, use, copy, store, distribute, publicly perform and display, modify, and create derivative works of (such as changes we make so that your content works better with the Services) such User Content as necessary to provide, improve and make the Services available to you and other users, including through any future media in which the Services may be distributed, (b) use and disclose metrics and analytics regarding the User Content in an aggregate or other non-personally identifiable manner (including for use in improving the Services or in marketing and business development purposes), (c) use any User Content that has been de-identified for any product development, research or other purpose (including after termination of your use of the Services), and (d) use any User Content for other purposes permitted by the Crew Manager Privacy Policy. You are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing license to the User Content.

In connection with any User Content, you represent and warrant the following:

• If you are an Organization or Team that uses Crew Manager to perform Services on your behalf, you agree that you are solely responsible for posting all applicable privacy policies or notifications on your Organization Site, for making all appropriate disclosures to visitors to your Organization Site and to other end users whose information you collect, and for obtaining any necessary consent(s) from such individuals, with respect to your collection and use of personal information and including your disclosure of user personal information to service providers such as Crew Manager.
• If you are an Organization or Team that uses Crew Manager to perform Services on your behalf and you collect personal information from individuals, you acknowledge and agree that you will not collect or cause to be collected and shared with Crew Manager or hosted on Crew Manager’ servers certain types of personal information that could trigger state breach notification laws in the event the information is accessed by an unauthorized person, including, but not limited to, social security, driver’s license, bank account or credit card numbers, unless such information is provided to Crew Manager in a system specifically designed to protect and store such information. If such information is shared with Crew Manager or hosted on Crew Manager’ servers in a manner that Crew Manager deems to be insecure, Crew Manager has the right, but not the obligation, in its sole discretion to delete and remove any personal information stored on its systems that it deems to be stored in an unsecure manner. In the event that an incident of unauthorized access or disclosure of such data triggers state breach notification laws because of your breach of this section, you agree that you will be wholly responsible for the timing, content, cost and method of any such notice and compliance with such laws.

Privacy

Refer to Crew Manager’s Privacy Policy to understand how Crew Manager collects, uses and discloses your personal information. Organizations and Teams agree to use any Crew or Household Member information that is collected through or stored within the Services in a manner that is consistent with the Privacy Policy and to provide at least the same level of protection for personal information as that provided by Crew Manager.

Your Liability

You are solely responsible for your activities on the Services, including all content that you submit or a third party submits on your behalf or using your account. You agree to indemnify Crew Manager and its shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Service, (b) any actual or alleged breach by you of any obligations, representations, warranties under this Terms of Service, including violations of the Conduct Policy; and (c) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by any data, text, photographs, graphics, messages, ratings, forum postings, comments or other materials (collectively, “User Content”) that you submit or a third party submits on your behalf or using your account.

Furthermore, Crew Manager takes no responsibility for any damages, injuries or other consequences that occur from you using Crew Manager content (e.g., skills and drills videos). These videos are there for informational purposes only and you and you alone must decide whether you can safely perform the techniques demonstrated. Many athletic or other active endeavors or hobbies, including those which may be described or shown in the Crew Manager content, should only be performed under the direction of qualified professionals and using appropriate safety equipment and personnel. You accept all responsibility and release Crew Manager from any liability arising out of or relating to your use of such content.

Trademarks and Service Marks

“Crew Manager,” “Crew-Mgr.com” and Crew Manager’s logos are trademarks, service marks or registered trademarks of Crew Manager LLC. or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of Crew Manager or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without Crew Manager’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of Crew Manager, and may not be copied, imitated, or used, in whole or in part, without Crew Manager’s prior written permission. All other Crew Manager names or logos mentioned on the Service, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Crew Manager.

Links and Third-Party Content

Crew Manager or third parties may provide links on the Services to other sites or content. Crew Manager has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Service. Crew Manager provides links to you only as a convenience, and the inclusion of any link on the Services does not imply Crew Manager’s affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Service, Crew Manager’s terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites.

No Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SERVICES, IS AT YOUR SOLE RISK. CREW MANAGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, SERVICES, AND ALL CONTENT AVAILABLE THEREIN THE SITE. CREW MANAGER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.

Crew Manager is not responsible for typographical errors or omissions relating to pricing, text or photography. We cannot and do not represent or warrant that the site or its server(s) are free of viruses or other harmful components, including content that is posted by third parties. You should use industry-recognized software to detect and disinfect viruses from any download.

Limited Liability

IN NO EVENT SHALL CREW MANAGER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.

CREW MANAGER’S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS YOU PAID TO CREW MANAGER DURING THE PRIOR 12 MONTH PERIOD OR $100.

You acknowledge that the above limitation of liability is a reasonable allocation of risk for your use of the Services and is a fundamental element of the basis of the agreement between you and Crew Manager. Crew Manager would not be able to provide the Services on an economic basis without such limitations. The warranty disclaimer and limitation of liability inure to the benefit of Crew Manager’s suppliers as well.

Some jurisdictions do not allow the limitation or exclusion of certain warranties, conditions or damages, so some of the above exclusions may not apply to you.

Arbitration Agreement

All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms, use of any product or service provided by Crew Manager, or related to the processing of personal data, that cannot be resolved informally or on an individual basis in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section (this “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and Crew Manager, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Crew Manager should be sent to: 9 Cromwell Drive, Portsmouth, RI 02871. After the Notice is received, you and Crew Manager may attempt to resolve the claim or dispute informally. If you and Crew Manager do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration shall be initiated through the Judicial Arbitration and Mediation Services, Inc. (“JAMS”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The JAMS Streamlined Arbitration Rules (the “JAMS Rules”) governing the arbitration are available online at https://www.jamsadr.com/. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

If you or Crew Manager pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the JAMS Rules for the pertinent claim.

If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Crew Manager, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim (including any claim regarding the enforceability of this Arbitration Agreement or any unconscionability in connection with these Terms). The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Crew Manager.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Crew Manager in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable with regards to any particular subject matter by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect with regard to such specific subject matter and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

This Arbitration Agreement will survive the termination of your relationship with Crew Manager.

Notwithstanding the foregoing, either you or Crew Manager may bring an individual action in small claims court.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Newport County, Rhode Island for such purpose.

Conduct Policy

Please read this Conduct Policy carefully. It governs your conduct while using the Services.

Any violation of this policy may result in the suspension or termination of your access to the Services and such action as Crew Manager deems appropriate. Indirect or attempted violations of this policy, and actual or attempted violations by a third party on your behalf, shall be considered violations of the policy by you.

Prohibited Conduct

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on the Service.

• You agree not to upload, post or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
• You agree not to upload, post or otherwise transmit any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes).
• You agree not to upload, post or otherwise transmit any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree not to upload, post or otherwise transmit any data that potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
• You agree not to upload, post or otherwise transmit any data that is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• You agree not to use an account name, file or directory name, or third level domain (i.e., aaa.Crew-Mgr.com – unless it is registered through Crew Manager), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services.
• You agree not to attempt to disguise the origin of any User Content transmitted to the Service.
• You agree not to act in any manner that negatively affects other users’ ability to use the Service.
• You agree not to impersonate any person or entity, including, without limitation, a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• You agree not to interfere with the Service, or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
• You agree not to post content that would be harmful to minors in any manner.
• You agree not to intentionally create and/or log in with multiple accounts.

System and Network Security

You are prohibited from violating the security of any system or network comprising the Service. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:

• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Service Services or to breach security or authentication measures.
• Unauthorized monitoring of data or traffic on the Service.
• Interference with the Service Services including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
• Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
• Using manual or electronic means to avoid any use or access limitations placed on this Service.

Enforcement

Notwithstanding anything to the contrary in this Conduct Policy, Crew Manager reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Services or its systems, equipment or network. Crew Manager further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any content that violates these provisions or that Crew Manager deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in the Crew Manager Privacy Policy, Crew Manager reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if Crew Manager suspects you have violated this Conduct Policy or any law or regulation. Crew Manager also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.

If you want to report any violations of this Conduct Policy, please contact us at: admin@Crew-Mgr.com.

Digital Millennium Copyright Act (DMCA)

The Website is an internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, Crew Manager maintains specific contact information provided below for notifications of claimed infringement regarding materials posted to the Website. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):

Copyright Agent
Crew Manager LLC.
9 Cromwell Drive
Portsmouth, RI 02871

Crew Manager will respond expeditiously to claims of copyright infringement committed on the Website. In notifying Crew Manager of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit Crew Manager to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

General Provisions

You hereby release Crew Manager and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Services or any interaction between you and any other user of the Services. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Crew Manager’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Crew Manager shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Rhode Island, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

Where Crew Manager requires that you provide an e-mail address, you are responsible for providing Crew Manager with your most current e-mail address. In the event that the last e-mail address you provided to Crew Manager is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Crew Manager’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Crew Manager at the following address: 9 Cromwell Drive, Portsmouth, RI 02871. Such notice shall be deemed given when received by Crew Manager by letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by Crew Manager are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer Crew Manager products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Your use of, and participation in, certain Services may be subject to additional terms and such terms will either be listed in the Terms of Service or will be presented to you for your acceptance before you use the supplemental Service.

Please note that the Terms are subject to change by Crew Manager in its sole discretion at any time. When changes are made, Crew Manager will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date on the Terms of Service. If Crew Manager makes any material changes, and you have registered with us to create an Account, Crew Manager will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Crew Manager may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s).

Last Updated: July 1, 2019