Updated February 5, 2024
These Terms of Service apply to the Croux website and mobile application (the “Platform”) available on the World Wide Web, Apple Platform Store, and Google Play Store for Android by Croux, Inc., its subsidiaries and affiliates. The Platform is owned by Croux, Inc. (“Croux”). These Terms of Service also incorporates by reference the Privacy Policy and any other policies available on the Platform. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF SERVICE.
Croux reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. You are responsible for periodically reviewing the Terms of Service for changes. By continuing to use the Platform, you accept any changes at the time they are implemented.
Croux is a multi-use application for connecting hospitality workers and employers. Croux may utilize location tracking services dependent on the user’s settings to provide these services. The Platform is comprised of the Croux Mobile Platform, Croux Marketplace, and related services which provide opportunities through which Croux Members seek temporary employment opportunities with Employers who post temporary job opportunities or “gigs” in the hospitality and restaurant industry.
• “Croux Marketplace” or “Marketplace” means the marketplace where Employers post gigs for Croux Members to fill.
• “Croux Mobile Platform” or “Platform” means the software that Users download from the Web, Apple Store, or Google Play Store.
• “Gig” means a temporary job opportunity in the hospitality and restaurant industry.
• “Croux Member” or “Talent” means any individual using the Croux Marketplace to find gigs from Employers.
• “Employer” means any business who posts a gig in the Croux Marketplace.
• “Users” or “You” means anyone who uses the Croux Mobile Platform or Croux Marketplace, including, both Croux Members and Employers.
• “Trust Score” means a proprietary trust score using various information collected on Talent, including but not limited to shifts completed, timeliness, and user reports.
User Account
You may be required to register for an account to use parts of the Services. You must provide accurate, current, and complete information during the registration process and at all other times when you use the Platform. You are the sole authorized user of any account you create. You are solely and fully responsible for all activities that occur under your password or account. You agree that you shall monitor your account to prevent use by minors, and you will accept full responsibility for any unauthorized use of your password or your account. You may not authorize others to use your User status, and you may not assign or otherwise transfer your User account to any other person or entity.
Croux will not be liable and you may be liable for losses, damages, liability, expenses, and fees incurred by Croux or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Croux has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, your account may be suspended or terminated.
By utilizing Croux, you agree to abide by the Talent Guidelines.
Payment processing services for Users through Croux are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User on Croux, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Croux enabling payment processing services through Stripe, you agree to provide Croux accurate and complete information about you, and you authorize Croux to share it and transaction information related to your use of the payment processing services provided by Stripe with Stripe and/or in accordance with our Privacy Policy.
To use the Platform, Employers must onboard as Stripe customers, attach a payment method, and be vetted and approved by Croux. Croux Members must onboard as Stripe Connect “vendors”, attach a bank account or debit card, and be vetted and approved by Croux before they are able to use the Platform.
Once a Croux Member and Employer have scheduled services, Croux will facilitate payment of the applicable Talent compensation on behalf of the Employer, including the cost of the services provided by the Croux Member plus Service Fees as defined below. Upon scheduling of a Gig, any Talent compensation and Service Fee shall be transferred to Croux’s Stripe Account and held in escrow. Upon completion of a Gig, payment shall be made to Talent’s Stripe Account instantly. Prior to payout for a Gig, Croux shall deduct $0.50 per hour of services completed by Talent to cover Occupational Accident Insurance.
In consideration for the services provided by Croux, all charges include a service fee, and the Employer agrees to pay Croux the applicable service fees then in effect (“Service Fees”). Service Fees will be included in Charges for each transaction presented to a Croux Member as a percentage of the total charged to the Employer from a Croux Member. Croux reserves the right to change the Service Fee at any time.
Croux reserves the right to charge a cancellation fee pursuant to the terms and conditions presented to you at the time of submitting or accepting a job, and you authorize Croux to charge any applicable cancellation fees to the payment provided by you to Croux. All Charges are final, nontransferable and nonrefundable; provided, however, Croux may correct clerical errors related to any Charges by providing notice by email and a reasonable opportunity for you to object to the correction. Clerical errors include without limitation minor mistakes or unintentional or duplicate Charges.
Employers will also be required to pay an ongoing membership/subscription fee to Croux for use of the Services. That fee will initially be automatically charged to Employer when Employer posts its first gig and continue as long as Employer uses the Services. If Employer
does not agree to the membership fee, Employer must terminate their membership by contacting Croux at support@croux.co.
Subscriptions to the Platform shall be auto-renewing and the applicable rates for access to the Platform may increase at Croux’s sole discretion. In the event of a rate increase, Croux shall supply all users thirty (30) days’ notice of any rate increase prior to that increase going into effect.
In the event Employer or any affiliate of Employer, or any of the directors, officers, or employees of Employer or any affiliate of Employer desire to hire or otherwise engage a Talent directly through Employer or any affiliate of Employer, at any time during the six-month period beginning on the day on which such Talent last performed work for Employer, Employer will notify Croux and be billed a fee in the amount of $2000 (or $1000 for a Talent that has worked at least 200 hours with Employer) for such direct hire or other engagement of the Talent (the “Direct Hire Fee”). The Direct Hire Fee shall be charged regardless of (a) how the opportunity came about (Talent contacting Employer, Employer contacting Talent, or Talent applying to public job posting), (b) whether there are different Employer personnel involved in the direct hire of the Talent and previous engagement of the Talent through Croux; or (c) Employer notifies Croux of such direct hire or engagement of the Talent. The Direct Hire Fee shall be triggered by any engagement where the Talent is “hired,” defined by receiving any compensation from Employer or any affiliates of Employer, including a full-time hire, part-time hire, independent contractor hire, intern hire, or any other such engagement or employment.
CROUX IS NOT AN EMPLOYMENT SERVICE AND DOES NOT SERVE AS AN EMPLOYER OF ANY USER. AS SUCH, USERS ARE SOLELY RESPONSIBLE (AND CROUX IS NOT RESPONSIBLE) FOR ANY TAX, WITHHOLDING OR REPORTING, INCLUDING, BUT NOT LIMITED TO, UNEMPLOYMENT INSURANCE, WORKERS’ COMPENSATION, SOCIAL SECURITY OR PAYROLL WITHHOLDING TAX OR INCOME REPORTING IN CONNECTION WITH ANY SERVICES PROVIDED BY USERS. YOU UNDERSTAND AND AGREE THAT IF CROUX IS FOUND TO BE LIABLE FOR ANY TAX, WITHHOLDING TAX OR REPORTING OBLIGATION IN CONNECTION WITH ANY SERVICES PROVIDED OR RECEIVED BY YOU, THEN YOU WILL IMMEDIATELY REIMBURSE AND INDEMNIFY CROUX FOR ALL COSTS, EXPENSES AND LIABILITIES (INCLUDING ANY INTEREST AND PENALTIES) RELATING TO THE SAME.
Without limiting other rules and prohibitions in this Agreement, by using the Services, you agree that:
(1) You will only use the Services for lawful purposes; you will not use the Services for sending or storing any unlawful material or for deceptive or fraudulent purposes; and you will not engage in conduct that harms other Users, Croux Employees, or the community.
(2) You will only use the Services in accordance with all applicable laws, including copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights.
(3) You will only access the Services using means explicitly authorized by Croux.
(4) You will not use another User’s account, impersonate any person or entity, or forge or manipulate headers or identifiers to disguise the origin of any content transmitted through the Services.
(5) You will not use the Services to cause nuisance, annoyance or inconvenience.
(6) You will not use the Services, or any content accessible through the Services, for any commercial purpose, including but not limited to contacting, advertising to, soliciting or selling to, any Merchant, User or Contractor, unless given prior permission to do so in writing.
(7) You will not copy or distribute any information or content displayed through the Platform, for republication in any format or media.
(8) You will not compile, directly or indirectly, any content displayed through the Platform except for your personal, noncommercial use.
(9) The information you provide to Croux when registering an account is accurate. You will promptly notify Croux of any changes to such information and will provide Croux with proof of identity as reasonably requested.
(10) You will keep secure and confidential your account password or any identification credentials Croux provides you which allows access to the Platform.
(11) You will use the Platform for your own use and will not directly or indirectly resell, license or transfer the information, software, code, or other content contained on the Platform to a third party.
(12) You will not attempt to gain unauthorized access to the Platform or to any account, resource, or other network.
(13) You will not attempt to test the vulnerability of any system or network or breach or circumvent any security or authentication measures of Croux.
(14) You will not make use of any robot, spider, web crawler, extraction software, automated process and/or device to scrape, copy, index, frame, or monitor any portion of our Platform, websites, or any other content.
(15) You will not scrape or otherwise conduct any systematic retrieval of data or other content from the Platform.
(16) You will report any errors, bugs, or any breach of our intellectual property rights that you uncover in your use of the Services.
(17) You will not abuse our promotional or credit code system, by opening multiple accounts to benefit from offers available only to first-time users.
Croux reserves the right to suspend and/or permanently deactivate your account at its sole discretion in the event of any breach of these restrictions.
All content, including, but not limited to, text, graphics, photographs, trademarks, logos, sounds, music, and computer code (that content, the “Content”) arranged to create the design, structure, coordination, expression, appearance and feel of the Platform is owned, controlled or licensed by or to Croux, and is protected by United States and international patent, copyright, trademark and trade secret laws of general applicability.
Except as expressly provided in the Terms of Service, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, web Platform, or other medium for publication or distribution or for any commercial enterprise without Croux’s prior express written consent.
The above notwithstanding, you may use information purposefully made available by Croux for download from the Platform provided that you: (1) not remove any proprietary notice language in all copies of such documents (2) use such information only for your personal, noncommercial, informational purpose and do not copy or post such information on any networked computer or broadcast it in any media (3) make no modifications to any such information (4) make no additional representations or warranties relating to such documents.
The trademarks of Croux are not to be used without permission. Trademarks include, but are not limited to:
Croux
Trademarks also include, but are not limited to, the logos associated with any trademarks and used throughout the Platform. The content included in the Platform and other resources made available through the Platform is protected by copyright and is owned or used with permission or under fair use by Croux.
By accessing the Platform, you grant Croux the right to use and display your name, logo, and a description of your use on Croux’s website and in marketing and promotional materials, subject to your standard trademark usage guidelines that are provided to Croux.
As long as you are in compliance with the Terms of Service, Croux grants you a personal, non-exclusive, nontransferable, limited privilege to enter and use the Platform. Access to this Platform is limited to personal use of the Platform and is not for downloading (other than page caching) or modifying all or any portion of the Platform, without the prior express written consent of Croux. This license does not include any resale or commercial use of the Platform or the Content; any collection or use of any product listings, descriptions or prices; any derivative use of the Platform or the Content. No part of the Platform may be reproduced, duplicated, copied, sold, resold, transferred or otherwise exploited for any commercial purpose without the prior express written consent of Croux. Any unauthorized use of the Platform terminates the permission and license granted herein. You are granted a limited, revocable non-exclusive right to create a hyperlink to the Platform, or any part of the Platform, as long as the link does not portray Croux or any licensors or affiliates in a false, misleading, derogatory or otherwise offensive matter. You may not use any logos or other proprietary trademarks as part of the link without the prior express written permission of Croux.
From time to time, Croux may make available beta offerings. You may, in your sole discretion, choose to use a beta offering. Croux may discontinue a beta offering at any time, in its sole discretion, or decide not to make a beta offering generally available. To the extent you use any beta offerings that are only made available to a limited number of customers on an invitation basis in a non-public or private manner the following terms shall apply.
Any private beta offering made available to you is strictly for testing and experimentation purposes only. You acknowledge that, by its nature, a private beta offering may (a) not meet speed or performance benchmarks or expectations; (b) have gaps in functionality; and (c) contain bugs. Any existing support terms shall not apply to private beta offerings. Private beta offerings, and any information related to such private beta offerings, including their existence, are considered Confidential Information of Croux.
Links to other websites or applications are provided for the convenience and information of visitors to the Platform. Clicking on these links will navigate you to another site. The inclusion of links on the Platform does not represent, unless specifically noted in the link, an endorsement, authorization, sponsorship, or affiliation with the linked site. Unless otherwise indicated, any applications, webpages, or documentation linked to from the Platform are not under the control of Croux. Croux is not responsible for the content or presentation of any linked Platform. Croux makes no representation regarding the accuracy or completeness of the information contained in any linked applications, webpages, or documentation unless otherwise indicated as material of Croux.
By “Opting In” to or using the Croux “Text Message Service” (both terms defined below), you accept these Terms and Conditions. “Text Message Service” includes any arrangement or situation in which Croux sends (or indicates that it may send or receives a request that it send) one or more text messages. “Opting In” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages.
By Opting In to a Text Message Service:
• You authorize Croux to use autodialer or non-autodialer technology to send text messages to the cell phone number associated with your account. You also authorize Croux to include marketing content in any such messages. You do not have to Opt-In or agree to Opt-In as a condition of purchasing products.
• You are signing your Opt-In to the Text Message Service.
• You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt-In.
• You consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request an email copy of the Opt-In, or to update our records with your contact information, please email us at support@croux.co.
Message and data rates may apply. Unless otherwise noted, Text Message Services send multiple, recurring messages. Croux may terminate any Text Message Service or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms and Conditions still will apply. For Text Message Services, text HELP to the number that sends you text messages for help and STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify. To complete your opt-out, please provide the requested clarification. These Terms and Conditions still will apply if you withdraw the consent mentioned above or opt out of the Text Message Service. You consent to the handling of your information as described in the Croux Privacy Policy. You must be 18 years of age or older (except Alabama and Nebraska, where you must be 19 years of age or older).
Supporting mobile carriers may change without notice, and the particular Text Message Service you join, including those operated through a different number, may be limited to specific carriers. Croux and the mobile carriers are not liable for delayed or undelivered messages.
By using the Platform, you represent and warrant that:
• You are of legal age and sufficient authority to enter a binding agreement.
• All data supplied will be complete and accurate to the best of your ability. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
• You agree by utilizing the Platform your information may be processed using artificial intelligence to create a Trust Score.
• You will not transmit any content that is unlawful, defamatory, obscene, trade libelous, threatening, harassing, tortuous, invasive of another's privacy, or that constitutes personal identifiable information.
• You have read, acknowledge, understand, and agree to the Terms of Service and Privacy Policy as incorporated into this agreement.
Users may obtain direct access via the Platform to certain confidential information of Croux and its affiliates, including without limitation technical, contractual, product, program, pricing, marketing, algorithms, code, and other valuable information that should reasonably be understood as confidential (“Confidential Information”). Users must hold Confidential Information in strict confidence. All right, title and interest in the Confidential Information remains with Croux and its affiliates.
The Terms of Service impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) you possessed prior to your receipt from Croux, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms of Service; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, or as otherwise required by law, or as necessary to establish the rights of either party under these Terms of Service and as disclosed after prior notice to Croux adequate to afford Croux the opportunity to object to the disclosure.
You will own all user data associated with your use of the Platform and by utilizing the Platform grant Croux a perpetual, irrevocable, assignable, worldwide, royalty-free license to use, reproduce, electronically distribute, and display this data for the following purposes: (a) providing and improving the services on the Platform; (b) internal usage, including but not limited to, data analytics so long as such data is anonymous and aggregated with other customer data; (c) complying with applicable legal requirements and assisting law enforcement agencies; and any other purpose that is consistent with the Terms of Service.
It is Croux’s policy to respond to claims of intellectual property infringement. Croux will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. As required by the DMCA, notifications of claimed copyright infringement should be sent to Croux’s designated agent (the “Designated Agent”). Below is the information for Designated Agent for the Platform:
Gatehouse Law, LLC
3108 Blue Lake Drive, Suite 200
Birmingham, Alabama 35243
Phone: 205.208.9595
Email: dmca@gatehouse.law
Any written communication under this section should include the following:
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Platform are covered by a single notification, a representative list of such works at that Platform.
(3) Identification of the material that is claimed to be 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 the service provider to locate the material.
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Croux may make changes to any products or services offered on the Platform, or to the applicable prices for any such products or services, at any time, without notice. The information on the Platform regarding products and services may be out of date, and Croux is not obligated to update such information on the Platform.
Fact Scenarios
Croux may, at times, use fact scenarios based in part on true events. The fact scenarios, however, are used for illustrative purposes and are not meant to depict any real person or event.
Croux makes no claim that the platform or any content, service or feature of the platform will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the platform or services offered through the platform will provide specific results. The platform and its content are delivered on an “as-is” and “as-available” basis. All information provided on the platform is subject to change without notice. Croux cannot ensure that any files or other data you download from the platform will be free of viruses or contamination or destructive features. Croux disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Croux disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the platform and/or any services. You assume total responsibility for your use of the platform and any linked apps to which you may navigate from the platform. Your sole remedy against Croux for dissatisfaction with the platform or any content is to stop using the platform or any such content. This limitation of relief is a part of the bargain between the parties.
You acknowledge that your ability to obtain temporary employment through the use of the services does not establish Croux as an employer or as a provider of temporary employment. Croux is not a referral, matching or placement service. Croux does not provide, refer, place, offer or seek to obtain employment or engagements for any of the users of the services. Croux does not screen or verify the training, education, or experience of any user of the services or any content submitted by a user or anyone other than Croux, including but not limited to, profiles and reviews. Croux has no control over the accuracy, reliability, completeness or timeliness of profiles of our users, reviews, affiliations or other user content submitted on the services and make no representations about any such user content on the services. Employers should make their own assessments of the persons they decide to interact with, engage, provide services to or receive services from.
Croux utilizes Checkr, Inc. to perform background checks on various Talent as part of the Platform. Background checks are NOT required to use the Platform. Talent can opt-in and purchase background check / MVRs accordingly to credential themselves and increase your “trust score”, as well as gain access to special shifts that require additional screening. Opportunities require background checks will be denoted in the shift and only allow that Talent with applicable and completed screening may apply. By electing a shift requiring a background check, Talent expressly consents to Checkr, Inc. conducting a background check on behalf of Croux and/or Users. All background checks and drug tests shall be subject to Checkr, Inc.’s Terms of Service located at https://checkr.com/.
Croux is not involved in the transactions between users. Users of the services arrange for the services solely between or among themselves, and Croux is not party to any of those service arrangements. Croux does not have control, do not supervise or provide any training or equipment to users, and Croux has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the services provided by users. As set forth below, you agree to release Croux from any claims or liability that may arise from any disputes between you and other users of the services.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use of the Platform, whether for breach of contract, tort, negligence or any other cause of action.
Croux reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Platform, or any portion of the Platform, for any reason; (2) modify or change the Platform, or any portion of the Platform, and any applicable policies or terms; and (3) interrupt the operation of the Platform, or any portion of the Platform, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Croux reserves the right to refuse service to anyone and terminate your account at any time.
Croux is not liable to you, except where prohibited by law, for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Croux has been advised of the possibility of such damages.
Insurance and Indemnification
USERS MUST SPECIFICALLY ACKNOWLEDGE THESE PROVSIONS IN THE EVENT TALENT IS REQUESTED TO SERVE ALCOHOL OPERATE A MOTOR VEHICLE
In the event User requires Talent to serve alcohol or operate a motor vehicle as part
of the Services, User, at its own expense, will procure and maintain, without interruption during
the Term, the following insurance policies:
• Commercial General Liability insurance (or equivalent) on an occurrence (not claims made) basis, in an amount not less than $2 million for any one occurrence.
• Business Auto Liability insurance covering any owned, non-owned, and hired vehicles in an amount not less than $2 million combined single limit for bodily injury and property damage for any one occurrence.
• Liquor Liability coverage in compliance with any then in-effect regulation set forth by the Alcoholic Beverage Control Board of User’s state of operation.
Additional Insureds. User must cause its insurer to issue endorsements to name Croux as additional insureds to the Commercial General Liability, Business Automobile Liability, and Liquor Liability policies described above. Such endorsements must be issued within seven (7) days of engaging Croux for Services. Upon request by Croux, User shall provide evidence of such endorsements within twenty-four (24) hours of any request.
Indemnity. To the fullest extent permitted by law, User will indemnify, defend, and hold harmless Croux from and against any and all loss, damage, costs (including, but not limited to, attorneys' fees, expert fees and expenses, and court costs), or liability resulting from any and all demands, claims, suits, costs, fines, penalties, proceedings, or actions of any kind or character ("Claim") presented or brought against Croux caused by, arising out of, or related to any act or omission of Talent or Croux, anyone directly or indirectly employed by Croux, or anyone for whose acts Croux may be liable; provided, however, if any Claim is determined to have been caused by the sole negligence of the Croux or Talent, then User will not be liable under this section. User’s indemnity obligation will include, without limitation, court costs, attorneys' fees, costs of investigation, costs of defense, expert fees and expenses, settlements, and judgments associated with any Claims.
Croux may disclose any information about you (including your identity) if it determines such disclosure is necessary in connection with any investigation or complaint regarding your use of the Platform, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (intentional or not) Croux’s rights or property, or the rights or property of visitors to or users of the Platform, including Croux’s customers. Some violations may include:
◦ Using the Platform without the requisite ability or authority to ratify legally binding contracts, or while temporarily or indefinitely suspended from the Platform;
◦ Circumventing or manipulating the billing process, or any fees owed to Croux;
◦ Distributing or posting spam, chain letters, or pyramid schemes;
◦ Distributing viruses or any other technologies that may harm Croux or the interests or property of Croux customers;
◦ Copying, modifying, republishing or distributing content from the Platform or Croux’s copyrights and trademarks;
◦ Impersonating another person or otherwise misrepresenting your affiliation with another person or entity;
◦ Conducting fraud, hiding or attempting to hide your identity;
◦ Providing inaccurate contact information;
◦ Harvesting or otherwise collecting information about users, including email addresses, without their consent; or
◦ Transmitting to Croux or any user any information or materials of any kind that (1) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party (2) are libelous, defamatory, obscene, pornographic, abusive (3) contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Croux reserves the right at all times to disclose any information it deems necessary to comply with applicable law, regulation, legal process or governmental request. Croux may also disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Croux may preserve any transmittal or communication from you through the Platform or any service offered on or through the Platform, and may also disclose such data if required to do so by law or Croux determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process (2) enforce the Terms of Service (3) respond to claims that any such data violates the rights of others (4) protect the rights, property or personal safety of Croux, its employees, users of or visitors to the Platform, and the public.
You agree that Croux may, in its sole discretion and without notice, terminate your access to the Platform if it determines you have violated these Terms of Service or other agreements or guidelines associated with your use of the Platform. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice that will cause irreparable harm to Croux. Because monetary damages for such a violation would be inadequate, you consent to Croux obtaining any injunctive or equitable relief it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Croux may have at law or in equity.
You agree that Croux may, in its sole discretion and without prior notice, terminate your access to the Platform, for cause, which includes, but is not limited to: (1) requests by law enforcement or other government agencies (2) a request by you (3) discontinuance or material modification of the Platform or any service offered on or through the Platform or (4) unexpected technical issues or problems.
If Croux does take any legal action against you as a result of your violation of the Terms of Service, it will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted. You agree that Croux will not be liable to you or to any third party for termination of your access to the Platform as a result of any violation of these Terms of Service.
You agree that all matters relating to your access to or use of the Platform, including all disputes, will be governed by the laws of the United States and by the laws of the state of Alabama without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Alabama, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
If there is any controversy or dispute between you and Croux arising out of or in connection with your use of the Platform, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then it shall be submitted to legally binding arbitration. Judgment upon an arbitration decision may be entered in any court otherwise having jurisdiction. This provision is intended to be as broad as possible under the law: it shall apply to all claims and causes of action, including all statutory and constitutional claims, contract claims and tort claims. The parties agree that their relationship affects and involves interstate commerce. YOU UNDERSTAND THAT DISPUTES RESOLVED UNDER THIS PROVISION SHALL BE THE SOLE REMEDY FOR ANY CONTROVERSY OR CLAIM ARISING OUT OF THE TERMS OF SERVICE AND EXPRESSLY WAIVE YOUR RIGHT TO A LAWSUIT IN ANY CIVIL COURT EXCEPT TO ENFORCE AN ARBITRATION DECISION.
Croux makes no representation that the Platform is accessible, appropriate or legally available for use in locations outside the United States and accessing and using the Platform (including with regard to the provision, collection or processing of data) is prohibited from territories where doing so would be illegal. If you access or use the Platform from other locations, you do so at your own initiative and risk and are solely responsible for compliance with local laws.
Miscellaneous
You may not use, export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Platform, in violation of any applicable laws or regulations, including, but not limited to, United States export laws and regulations.
Each provision of the Terms of Service shall be considered severable, and if for any reason any provision or provisions herein are determined to be invalid, unenforceable, or illegal under any existing or future law, such invalidity, unenforceability, or illegality shall not impair the operation of or affect those portions of the Terms of Service which are valid, enforceable, and legal.
Croux’s failure to enforce strict performance of the Terms of Service shall not be construed as a waiver by Croux of any provision or any right it has to enforce the Terms of Service, nor shall any course of conduct between Croux and you or any other party be deemed to modify any provision of the Terms of Service. The Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide regarding the Platform is not considered confidential. Croux is free to use such information without restriction.
Please report any violation of these Terms of Service to Croux.
The information contained in this Platform is subject to change without notice.
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