NextCrew.com Connects Providers and Owners.
NextCrew.com is a communications platform for enabling the connection between individuals seeking services ("Owners") and/or individuals seeking to provide services ("Providers")(collectively, "Users"). Users do hereby represent, understand and expressly agree that NextCrew.com does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Owners. All Users do hereby expressly agree not to hold NextCrew.com (or NextCrew.com's agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site. NextCrew.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom, from User's use of the Site or agreements with other Users.
Users of the Site contract between themselves. NextCrew.com is not involved in transactions for services to be rendered by any User. If there are any issues concerning advice and/or service received or payment due, Users must deal directly with the other User to resolve any disputes. NextCrew.com shall not be held responsible and expressly disclaims any liability whatsoever for any claims and/or controversies that may arise for any disputes between any Users. By using this Site, you do hereby represent, understand, and expressly agree to hold NextCrew.com harmless for any claim or controversy that may arise from any disputes between Users of the Site. NextCrew.com reserves all of its rights under the Communications Decency Act, including (without limitation) its right to remove material objectionable to NextCrew.com. By using this Site, you do hereby agree to report any alleged improprieties of any Users to NextCrew.com immediately by notifying NextCrew.com of the same via electronic correspondence at support@NextCrew.com.
NextCrew.com will not actively monitor the content that Users place on the site. If the Site contains profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow a User to communicate with any other User, Users do hereby expressly represent, understand and agree to use such community areas only to send and receive messages and material that are lawful, relevant and proper to the applicable forum. Any improper usage of the Site by any User that is brought to NextCrew.com's attention and NextCrew.com finds inappropriate and/or offensive in its sole discretion NextCrew.com may immediately suspend or revoke the privilege to use this Site. NextCrew.com reserves the right to revoke or suspend the privilege of any user to use this Site at any time and at its sole discretion whether for any reason or no reason at all.
Users agree not to:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
• Use the Site for any purpose which is in violation of local, state, national, or international law.
• Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
• Upload files that contain viruses, corrupted files, or any other similar software or Services that may damage the operation of another's computer.
• Advertise or offer to sell any goods or services for any commercial purpose on the Site which are not relevant to the services offered on the Site.
• Conduct or forward surveys, contests, pyramid schemes, or chain letters.
• Impersonate another person or allow any other person or entity to use User's identification to post or view comments.
• Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
• Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Site.
• Restrict or inhibit any other User from using and enjoying the Public areas.
Eligibility Certification; User Obligations
ELIGIBILITY CERTIFICATION: By becoming or attempting to become a Provider or Owner, or by using this site, every User certifies that the User meets and will continue to meet the following conditions for as long as the user uses the Site or service:
• The User is at least 18 years old and is legally authorized to work within the jurisdiction of the United States;
• The User has not been convicted of a crime of any nature, including any felony or any misdemeanor of any kind (other than traffic related offenses); and.
• The User further represents that User is not currently facing charges relating to crimes involving dishonesty or harm to others.
Each User makes the above certification and agrees that (a) NextCrew.com may rely on it as true, and (b) may change the conditions from time to time and require new certifications. Users acknowledge that NextCrew.com does not have actual knowledge that the Eligibility Certification is true. Also, the background checks may not include information regarding traffic violations and NextCrew.com does not make decisions based on traffic violations or infractions. Accordingly, if driving will be part of a Provider's services, the Provider may wish to ask the Provider to obtain and share a current copy of the provider's driving record from the relevant department of motor vehicles.
Providers and Owners agree to make their own decisions and assessments about persons they hire. NextCrew.com does not independently verify that any or all of the Eligibility Conditions are met by any User. NextCrew.com may review background check reports on Providers and/or Owners, who authorize NextCrew.com to obtain a background check report, but not all Providers do authorize reports, and reports may or may not be obtainable by NextCrew.com on Owners. NextCrew.com's review of the report is limited to the information in the report which NextCrew.com does not control and may be ambiguous. Users agree that NextCrew.com may rely on the reports and that NextCrew.com does not undertake to conduct its own independent investigation or inquiry. It is up to Users who are the subject of the reports to ensure their accuracy by exercising their rights under laws applicable to the credit agencies furnishing reports or to discuss with their potential owner or provider lawful details relevant to engagement.
If NextCrew.com becomes aware that an Eligibility Condition is not met or appears not to be met, NextCrew.com may terminate the User without notice or refund and each User agrees to make no further use of the Site or Service after termination. NextCrew.com reserves the right (but does not undertake any duty) to take appropriate legal action if necessary to enforce these rights. NextCrew.com hereby disclaims, and each User agrees NextCrew.com shall have not have, any liability whatsoever for: (1) any inaccuracy of a User's Eligibility Certification or any information or inaccuracy in any background check report, other consumer report, identity report or other report from a Verification Service, or (2) misstatements and/or misrepresentations made by any User of this Site. Users hereby represent, warrant, and agree to indemnify, defend and hold NextCrew.com harmless from and against the foregoing.
Links and Account Information
NextCrew.com is intended for people 18 or older. We have also made an effort to specifically limit NextCrew's appeal to people of age 18 or older. NextCrew.com will not knowingly collect any information from children under the age of 13. You must identify your age during the registration process. NextCrew.com takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously, and our policies and procedures are designed to maintain strict compliance with the Rules and Regulations set forth thereunder. That being said, NextCrew.com does not assume any responsibility for any misrepresentations regarding the age of any User made in connection with any User's registration for or use of the Site. We reserve our right to terminate without notice the membership of any User if we believe that the User has provided any false information to us when registering for or using this Site.
The Site and Service may be used to find, select and connect with other Users for the purpose of receiving or providing services. The Site and related services may not be used by any person to recruit for another website, solicit, advertise, or contact in any form Users for employment, contracting, or any other purpose for a business not affiliated with NextCrew.com without express written permission from NextCrew.com. Should NextCrew.com find that you violate the terms of this section or any terms stated herein, NextCrew.com reserves the right to terminate your use of this Site at its sole discretion at any time, and further reserves the right to take appropriate legal action.
Commercial Use Prohibition
The Site is for the use of individual Users only and may not be used in connection with any commercial endeavors (other than the direct employment of a Provider by an Owner or for Owner's use of the Site to manage their current employees) without the express written consent of NextCrew.com in advance. Organizations, companies, and/or businesses may only register as an Agency or advertiser and may not use the Service or the Site for any illegal or unauthorized purpose, including (but not limited to) collecting usernames and/or email addresses of members by electronic or other means, unless express written permission from NextCrew.com is obtained in advance.
NextCrew.com reserves the right to take appropriate legal action may be taken in the event that any User violates the terms of this section. Use of the Site is with the permission of NextCrew.com. NextCrew.com reserves the right to terminate your use of this Site at its sole discretion at any time.
Specific Terms and Conditions
NextCrew.com is only a Venue.
NextCrew.com is a communications platform for enabling the connection between Users. NextCrew.com does not take part in the interaction between Users. NextCrew.com does not have control over the quality, timing or legality of services actually delivered by its Users. NextCrew.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, NextCrew.com does not confirm that each User is who they claim to be, however, NextCrew.com has established a forum for Users to provide references and to conduct some screening activities. NextCrew.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. NextCrew.com does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
In the event that you have a dispute with one or more Users, you release NextCrew.com (and our officers, directors, agents, investors, subsidiaries, and employees) from all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Information Provided by Users
Third Party Verification Services and Consumer Reports
NextCrew.com may make available to Users one or more third party verification services that provide consumer reports or identity check services (collectively, "Verification Services") that enable Users to inquire about selected information, including, but not limited to, the person's identity and certain criminal convictions. Use of the Verification Services is voluntary and NextCrew.com does not endorse or make any representations regarding the reliability of the Verification Services or the accuracy of any information provided through such Verification Services. You agree that NextCrew.com may, in its discretion, rely on the information but that NextCrew.com shall not be responsible or liable in any way in the event that any information provided by such Verification Services about any person, including without limitation any User, is not accurate.
Fair Credit Reporting Act
If a Verification Service is used, Users hereby warrant that they will comply with the Fair Credit Reporting Act, 15 USC 1681 ("FCRA"), which can be found at: http://www.ftc.gov/os/statutes/031224fcra.pdf. NextCrew.com provides a summary of FCRA rights for Providers who authorize background checks and also provide notice when NextCrew.com determines to terminate a NextCrew.com account based on information in a background check. Users must comply with any applicable provisions of the FCRA relevant to them at all times, just as they would if they did not use NextCrew.com. NextCrew.com does not assume and expressly disclaims any liability that may result from the use of this information by Users.
Billing and Payment Policy
All PRO Users (Owners and Providers selecting a paid level of membership to the Site) are obligated to pay for the services of the Site, unless specifically notified otherwise. The price structure may change in the future, but Premium Users lock into the rate and term of the subscription they choose upon registration. There may be add-on features available to all Users for an additional fee. Pricing may be altered by any promotion selected at the time of registration. For all fees, NextCrew.com will charge the User's credit card according to the agreed-upon fee between User and NextCrew.com for use of the services of the Site. While NextCrew.com will use reasonable commercial efforts to ensure the privacy of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties. User does hereby agree to hold NextCrew.com harmless for any damages that may result therefrom. NextCrew.com will use a third party service to process credit card information. For further information regarding that service, please contact NextCrew.com to request information about NextCrew.com's credit card processing company.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At NextCrew.com's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by NextCrew.com.
SMS Text Message Alert and Notification Service
NextCrew.com may make an SMS text message alert service available to Providers and/or Owners. [first time these terms are being used] Providers and Owners who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give NextCrew.com express permission to send SMS text messages your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that NextCrew.com does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although, NextCrew.com does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from NextCrew.com.
An eligible PRO User may reinstate a subscription that has expired. A new price structure may apply at reinstatement.
Renewal and Cancellation
Premium and Ultimate User subscriptions will be automatically extended for successive month at the rate specified on the website unless special conditions have been applies such as promotion or other offers.. NextCrew.com will continue to renew subscriptions until the User requests a cancellation. If a User cancels or downgrades the subscription, the changes will take effect immediately.. Users will not be eligible for a prorated refund of any portion of the subscription fees paid for the then-current subscription period.
• All charges are billed and to be paid monthly;
• There is no proration of User fees;
• When User cancels, or downgrades service, such actions take effect immediately
• When subscription type is upgraded from premium ($10/month) to ultimate ($15/month), User is charged the difference in the price for the service level for that month immediately.
Users agree not to hold NextCrew.com, NextCrew.com's agents and employees, officers, directors, corporate partners, or participants liable for any advice or services delivered which originated through the Site or otherwise were provided by a User. Users release NextCrew.com and its agents, officers, directors, corporate partners, and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with any such disputes.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by NextCrew.com as provided hereunder. NextCrew.com may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users' this notice may be included in or accompany notices of "adverse action" given when termination is based on information in a consumer report (such as a background check). Furthermore, NextCrew.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of NextCrew.com as posted on the Site from time to time. If NextCrew.com terminates a User's membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of NextCrew.com. Except as required by law, NextCrew.com is not required to provide any User with notice prior to terminating the User's membership and/or subscription. Except as required by law, NextCrew.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User's account. Even after the User's membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by NextCrew.com Inc. or is used with permission. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. NextCrew.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. With the exception of uses allowed under the section above called "Permitted Uses," Users may not copy, download, use redesign, reconfigure, or retransmit anything from the NextCrew.com Site without NextCrew.com's prior express written permission. Furthermore, Users are not allowed to post or distribute any material that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject Users to termination from the use of this Site or civil or criminal penalties. In addition, the Site contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of NextCrew.com and/or the relevant right holder.
Notice of Trademark Rights
Notice of Availability of Filtering Software
We do not believe that the Site contains materials that would typically be the subject of filtering software and the Site is not intended for children. Nevertheless and pursuant to the Communications Decency Act, all Users are hereby informed by NextCrew.com, the provider of this interactive computer service, that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
Copyright Complaints and Copyright Agent
NextCrew.com respects the intellectual property of others, and asks Users to do the same. NextCrew.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, NextCrew.com asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users' copyrights, please provide NextCrew.com's Copyright Agent with the following information:
1. An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow NextCrew.com to locate the material, and explain why you think an infringement has taken place;
3. A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
NextCrew.com's Copyright Agent for Notice of Claims of Copyright Infringement can be reached by mail, addressed to General Counsel and Copyright Agent, NextCrew.com, 2502 Gayle Ct., Northbrook, IL 60062. NextCrew.com will terminate access to the Site of those who engage in repeated acts of infringement.
NextCrew.com grants Users a nonexclusive, revocable right to use the Site provided that Users do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in this Agreement.
Modifications to the Site
NextCrew.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice to the User. Users have the same rights with regard to their self-generated content on the Site. Users agree that NextCrew.com shall not be liable to User or any third party for any modification or discontinuance of the Site.
User account, password and security
Users are responsible for maintaining the confidentiality of any password and account number provided by themselves or NextCrew.com for accessing the Site, and are fully responsible for all activities that occur under User's password or account. User agrees to immediately notify NextCrew.com of any unauthorized use of Users's password or account or any other breach of security.
No Joint Venture
Users are not legally affiliated with NextCrew.com in any way merely by virtue of their membership or usage of NextCrew.com's Site or intellectual property other than as might be described by the terms and conditions stated in this User Agreement, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. NextCrew.com is not an employment service and does not serve as an employer of any User that may use this Site. NextCrew.com is only a venue for connecting Users. As such, NextCrew.com expressly disclaims any liability that may arise between Users of its Site.
Limitations on Use
Disclaimer of Warranties
USER EXPRESSLY AGREES THAT THE USE OF THIS SITE IS AT THE USER'S SOLE RISK. NEITHER NEXTCREW.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR THAT THE SITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. NEXTCREW.COM IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR SERVICE. THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ITS LICENSORS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THE INFORMATION APPEARING ON THE SITE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO RESULTS OF ANY USER'S USE OF THE INFORMATION AVAILABLE ON OR VIA THE SITE. NEXTCREW.COM INC. AND AFFILIATES DO NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE COMPANY AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT THE INFORMATION PROVIDED BY USERS IS DISCLOSED ONLY TO THOSE PERSONS SPECIFIED BY USERS. NEXTCREW.COM CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY USERS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. USERS AGREE NOT TO HOLD NEXTCREW.COM LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY USERS THROUGH THE SITE. THE COMPANY AND AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.
Limitation of Liability
Under no circumstances will NextCrew.com or its Affiliates be liable to Users for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or any violation of any provision of this Agreement. Furthermore, the aggregate liability of NextCrew.com or its Affiliates arising with respect to this Agreement and the Site will not exceed the total amounts paid by the User in the previous twelve (6) months under this Agreement[this would be the monthly fee x6. You can pick and choose any amount for the TOP end for any actual damage claim. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
Any controversy or claim arising out of or relating to an alleged breach of this Agreement or the operation of this Site shall be attempted to be resolved by a between the parties. A principal of NextCrew and the User shall meet either by telephone or in person to address the dispute. In the event the parties' principals cannot resolve the dispute, the parties agree to submit the dispute to mediation. The parties shall choose any established mediation service or mediator located in the State of Illinois, Cook County. The mediation shall be conducted with 60 days of tendering the dispute to mediation unless such other time is agreed to by the parties. The parties agree to split the costs of the mediator. In the event that the parties cannot resolve the dispute in mediation, either party may seek to resolve such in an attempt to resolve the controversy or claim in a federal or state court located in Cook County, Illinois and the User expressly waives any right to challenge jurisdiction or venue of the court in Illinois and expressly waives the right to a jury to hear the case or controversy . Either you or NextCrew.com may seek any interim or preliminary relief from a court of competent jurisdiction in Chicago, Illinois, necessary to protect the rights of property for you or NextCrew.com pending the resolution of the dispute.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Chicago, Illinois. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between NextCrew.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by NextCrew.com with respect to the subject matter except as set forth herein.
1 Employer sponsors include but are not limited to Northwestern University, Chemonics, CHOPP and Westfield.