Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Cotton Crews. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Cotton Crews may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you specific disclosures (e.g., on the webpage of CottonCrews.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Cotton Crews may amend the Terms related to the Services from time to time. Amendments will be effective upon Cotton Crews’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
Cotton Crews provides a mobile platform that connects Crew who are available for hire or to provide yacht crew services with Captains seeking to hire such services (collectively, the “Services”), which Services are accessible on the Cotton Crews Hire and Cotton Crews Jobs applications on the Apple App Store and any other websites through which Cotton Crews makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application”).
If you are using the Site, Application or Services these Terms of Service are between you and Cotton Crews, LLC. Braintree Payments, a division of Paypal, Inc. (individually and collectively, as appropriate, “Payments”) handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services”). Payment Services provided by Braintree Payments are subject to the third party Braintree Payment’s terms (“Payments Terms”).
“Yacht Crew Services” means services rendered by yacht crew members on yachts, properties or any other work site.
“Cotton Crews Content” means all Content that Cotton Crews makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
“Job Posting” means the job required by a Captain or Hiring Manager as listed and completed by the Cotton Crews Hire user. Job postings will include start date of employment, salary, location, and description. Job listings will appear on the homepage of the Cotton Crews Jobs mobile application for relevant Crew Members that meet the criteria listed by Captain.
“Collective Content” means Member Content and Cotton Crews Content.
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Captain” means a Member who requests services from a Crew member via the Site, Application or Services, or a Member who is a hiring manager, crew agent, or anyone searching for Crew Members and is not the Crew Member for the associated Profile Listing.
“Crew” means a Member who creates a Profile Listing via the Site, Application and Services.
“Member” means a person who completes Cotton Crews’s account registration process, including but not limited to Crew and Captains, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Profile Listing, Member profile or Cotton Crews promotional campaign to be made available through the Site, Application or Services.
“Profile Listing” means a worker profile that is listed by a Crew member as available for hire via the Site, Application, and Services.
The Services constitute a technology platform that enables storing and presenting data to its registered users, as well as providing access to the job posting functionality and to the Cotton Crews’s mobile applications or websites provided as part of the Services (each, an “Application“). If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties. You also understand and agree that the Service may include certain communications from Cotton Crews, to include but not limited to administrative messages, email marketing from Cotton Crews, service announcements and that these communications are considered part of Cotton Crews membership and may not be able to opt out of receiving them.
THE SITE, APPLICATION AND SERVICES COMPRISE A MOBILE PLATFORM THROUGH WHICH YACHT CAPTAINS OR HIRING MANAGERS MAY BROWSE AVAILABLE WORKERS AND LEARN ABOUT THEIR EXPERIENCE AND CONTACT DIRECTLY WITH THE CREW MEMBERS. YOU UNDERSTAND AND AGREE THAT COTTON CREWS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN CAPTAINS AND CREW MEMBERS, NOR IS COTTON CREWS A YACHT CREW STAFFING AGENCY OR FUNCTION AS A CREW AGENT. COTTON CREWS HAS NO CONTROL OVER THE CONDUCT OR ACCURACY OF INFORMATION OF CREW, CAPTAINS AND OTHER USERS OF THE APPLICATION, SITE AND SERVICES OR ANY YACHT JOB OR WORK ENVIRONMENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A CREW PROFILE ON COTTON CREWS, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COTTON CREWS IS LIMITED TO BEING A MEMBER OF THE COTTON CREWS DATABASE, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COTTON CREWS FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COTTON CREWS. COTTON CREWS DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR CREW/WORKER PROFILE, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR PROFILE, OR ANY OTHER MATTERS RELATED TO ANY PROFILE, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF COTTON CREWS, INCLUDING BY INAPPROPRIATELY USING ANY COTTON CREWS INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE REFERRAL PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Cotton Crews reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
Subject to your compliance with these Terms, Cotton Crews grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by Cotton Crews and Cotton Crews’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cotton Crews; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
The Services and all rights therein are and shall remain Cotton Crews’s property or the property of Cotton Crews’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Cotton Crews’s company names, logos, product and service names, trademarks or services marks or those of Cotton Crews’s licensors.
Your Use of the Services
How the Application and Services work.
The Application and Services can be used to facilitate the listing, review, and contacting of Yacht Crew. Such Yacht Crew are included in Profile Listings on the Application and Services by Crew Members. If you wish to browse available Crew Members or create a Profile Listing, you must first register to create a Cotton Crews Account (defined below). Captains wishing to contact Crew Members or access certain premium content including but not limited to crew reviews, ratings, full CV file, and chat feature, will be required to pay a “Access Fee” which will allow unlimited access to the Cotton Crews database for up to 24 hours from the time of payment.
As stated above, Cotton Crews makes available a mobile platform with related technology for Captains and Crew to meet online and arrange Yacht Crew Jobs directly with each other. Cotton Crews is not an owner or operator of a yacht crew staffing agency or function as a crew agent. Unless explicitly specified otherwise in the Cotton Crews platform, Cotton Crews’s responsibilities are limited to facilitating the availability of the Application and Services.
Cotton Crews provides a platform for employers to post job opportunities and candidates to post CV/resumes and does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and candidates. As a result, the Company has no control over the quality, safety or legality of the jobs or CV/resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the mobile app and/or the other Cotton Crews Services.
PLEASE NOTE THAT, AS STATED ABOVE, APPLICATION, SERVICES, AND THE SITE ARE INTENDED TO BE USED TO FACILITATE HIRING MANAGERS/CAPTAINS AND DAYWORKERS/CREW MEMBERS CONNECTING AND PROVIDING A PLATFORM FOR LISTING YACHT CREW JOBS AND DAYWORK DIRECTLY WITH EACH OTHER. COTTON CREWS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PROFILE LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY CREW MEMBER. COTTON CREWS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND CREW PROFILES. ACCORDINGLY, THE USE OF THE COTTON CREWS PLATFORM WILL BE AT THE MEMBER’S OWN RISK.
User Accounts & Registration.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to Cotton Crews certain personal information, such as your name, email address, billing address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner) if you are a Captain or Hiring Manager. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Cotton Crews’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cotton Crews in writing, you may only possess one (1) Account. Cotton Crews reserves the right to suspend or terminate your Cotton Crews Account and your access to the Site, Application and Services if you create more than one (1) Cotton Crews Account per platform (“Cotton Crews Jobs” and “Cotton Crews Hire”), or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Cotton Crews Account, whether or not you have authorized such activities or actions. You will immediately notify Cotton Crews of any unauthorized use of your Cotton Crews Account.
User Requirements and Conduct.
As a Crew Member, you may create a Profile Listing. To create a Profile Listing, you will be asked a variety of questions about the Profile to be listed, including, but not limited to, profile photo, email, phone number, job position, job history, languages spoken, skills, certificates, nationality, objects and details about yourself. In order to be featured in Listings via the Application and Services, all Profiles must have valid email address, phone number, and uploaded CV. Listings will be made publicly available via the Application and Services when you select “AVAILABLE” via the status tab at the bottom of the home screen of the Cotton Crews Jobs mobile application. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Captain/Hiring manager preferences, distance from captain, last check-in date and time, and ratings. Crew Members can use the platform to apply for jobs listed on the mobile application homepage. Application for jobs are not a guarantee of consideration, and further communication and review will be at the sole discretion of the Captain or Hiring Manager. Cotton Crews is not responsible for providing updates to the jobs Crew have applied to.
Captains and hiring managers will be able to download Crew CV and contact Crew offline or via the Application and Services based upon the information provided in your Profile Listing. All Cotton Crews users understand that all information, data, text, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Members are entirely responsible for all Content they upload, post, email, transmit or otherwise make available via the Service, and Cotton Crews is not responsible for any content accuracy or legality. You acknowledge and agree that you alone are responsible for any and all Profile Listings and Member Content you post. Please note that Cotton Crews assumes no responsibility for a Crew Member’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Cotton Crews reserves the right, at any time and without prior notice, to remove or disable access to any Profile Listing for any reason, including Profiles that Cotton Crews, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you are a Captain, Cotton Crews makes certain tools available to you to help you to find available Crew Members. You acknowledge and agree that, as a Captain/Hiring Manager, you are responsible for your own actions in job postings, CV downloads and communicating with Crew Members on the Cotton Crews platform. Cotton Crews does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Cotton Crews be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Captains are prohibited from adding to job postings any hyperlinks, personal information such as full name, email, phone number, or any misleading or irrelevant information to the job.
In certain instances, you may be asked to provide proof of identity, references, and certificates to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Cotton Crews does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by Cotton Crews or submitted to Cotton Crews, including without limitation information in Cotton Crews apps, platforms, websites, social media, and in all other parts of the Service. You acknowledge that any reliance on material posted by other users will be at Your own risk.
Cotton Crews acts as a platform for the online distribution and publication of user-submitted information and may or may not pre-screen Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. Cotton Crews and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Cotton Crews and its designees shall, at its sole discretion, have the right to remove any Content that violates the Terms and Conditions or is otherwise objectionable. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Cotton Crews application for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
Cotton Crews does not endorse any Member, Profile Listing or Yacht. Members are required by these Terms to provide accurate information. Although Cotton Crews may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.
Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Cotton Crews about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to contact or hire a Crew Member or to accept contact/chat request from a Captain, or to have any other interaction with any other Member.
Cotton Crews may or may not provide summary notes on certain crew members listed on the Site, Application and Services to help provide further information for captains and hiring managers. The summary notes are not endorsements, certifications or a guarantee by Cotton Crews. Cotton Crews is not liable for any inaccuracies of information provided in the summary notes.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Cotton Crews with respect to such actions or omissions.
Cotton Crews may, in Cotton Crews’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Cotton Crews establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Cotton Crews; (iii) may be disabled by Cotton Crews at any time for any reason without liability to Cotton Crews; (iv) may only be used pursuant to the specific terms that Cotton Crews establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Cotton Crews reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Cotton Crews determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
User Provided Content.
Cotton Crews may, in Cotton Crews’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cotton Crews through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content“). Any User Content provided by you remains your property. However, by providing User Content to Cotton Crews, you grant Cotton Crews a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cotton Crews’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cotton Crews the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cotton Crews’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cotton Crews in its sole discretion, whether or not such material may be protected by law. Cotton Crews may, but shall not be obligated to, review, monitor, or remove User Content, at Cotton Crews’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cotton Crews does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
Payment & Financial Terms
You understand that use of the Services may result in charges to Captains/Hiring managers using the “Cotton Crews Hire” app to access Premium Content charged through a Third Party Provider (“Charges“). In order to access Premium Content through your use of the Service, Cotton Crews will facilitate your payment of the applicable Charges through Braintree Payments, who will collect the Access Fee. Charges paid by you are final and non-refundable, unless otherwise determined by Cotton Crews.
“Access fee” means the fee that Cotton Crews charges a Captain for the access of certain Premium Content. The Access Fees will be displayed on the Cotton Crews Hire app when trying to access any premium content in the form of a notification and payment request.
“Premium Content” can include but not limited to, crew reviews, rating details, CV file, and chat feature.
“Payment Method” means a payment method that you have added to your Cotton Crews Hire Account, such as a credit card or debit card .
You as a Captain agree to pay the Access Fees for any Premium Content requested, and in most cases confirmed, in connection with your Cotton Crews Account. Braintree Payments will collect the Access Fee. All Charges are due immediately and payment will be facilitated by Cotton Crews using the preferred payment method designated in your Account. Once your Access Fee payment is complete you will receive confirmation of payment via the mobile app and will be able to access to Cotton Crews database Content on the mobile application for 24 hrs from the time of payment. After 24 hrs, you will be required to pay the Access Fee again. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Cotton Crews may, use a secondary payment method in your Account, if available. Except as otherwise provided herein, Access Fees are non-refundable.
As between you and Cotton Crews, Cotton Crews reserves the right to establish, remove and/or revise Charges for any or all services obtained through the use of the Services at any time in Cotton Crews’s sole discretion. Cotton Crews will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Cotton Crews may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COTTON CREWS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COTTON CREWS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. COTTON CREWS DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
COTTON CREWS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF COTTON CREWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COTTON CREWS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF COTTON CREWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COTTON CREWS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COTTON CREWS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY CREW PROVIDING YACHTING SERVICES REQUESTED THROUGH COTTON CREWS MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL COTTON CREWS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Cotton Crews and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Cotton Crews’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of Florida, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Cotton Crews may give notice by means of a general notice on the Services, electronic mail to your email address in your Account. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending (if sent by email).
You may not assign these Terms without Cotton Crews’s prior written approval. Cotton Crews may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Cotton Crews’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Cotton Crews or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Cotton Crews’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cotton Crews in writing.