Terms & Conditions

Last Updated: August 16, 2018

  1. Posting Date: 9/10/18_________

    Effective Date: __9/10/18_______

     

    Cotton Crews Terms and Conditions

    Cotton Crews, Inc. (“Cotton Crews”) is pleased to provide our website (http://www.cottoncrews.com/) and any current or future mobile application (collectively, the “Platform”) as a service to our customers.  Please review the following terms of use which govern your use of the Platform (the “Agreement”).

    YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT.  WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE.  FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE THE PLATFORM.  IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE PLATFORM.

     

    1. Services Description

    The Platform facilitates connections between captains or hiring managers (collectively, “Captains”) with individuals who are available for hire or to provide yacht crew services (“Crew Members”).  Specifically, Captains may post job opportunities, and Crew Members may post resumes and create profiles.  Using the Platform, Captains and Crew Members can arrange yacht crew jobs directly with each other.

     

    1. Limitation of Services

    Cotton Crews provides the Platform to facilitate connections between Captains and Crew Members only.  Cotton Crews is not a party to any agreement between a Captain and a Crew Member.

     

    1. Right to Change Platform

    We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the Platform or any service, content, feature, or product offered through the Platform, with or without notice and/or offer opportunities to some or all users of the Platform.  You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, or any service, content, feature or product offered through the Platform.

     

    1. Platform Content

    Unless otherwise noted, the Platform, and all features and materials on the Platform, including text, images, illustrations, designs, icons, photographs, video clips, product names, and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Content”), are owned, controlled or licensed by Cotton Crews.

     

    The Platform and the Content are intended solely for personal, non-commercial use.  You may download or copy the Content and other downloadable materials displayed on the Platform for your personal use only.  No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying.  You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Content or the Platform.

     

    Unless otherwise specified, the Platform and the Content are intended to promote our products and services. The Platform is controlled and operated by Cotton Crews from its offices located in Palm Beach, Florida.

     

    1. Registration Obligations and Access to the Platform

    You may be required to register with Cotton Crews in order to access and use the Platform. In doing so, you agree to provide and maintain true, accurate, and complete information about yourself. If you are under 18 years of age, you may not use or register to use the Platform. If you are under the age of majority in the applicable jurisdiction, you may only use or register to use the Platform with the consent of your parent or guardian.  Unless otherwise permitted by Cotton Crews in writing, you are limited to one account for the Platform.

     

    Account registration may require you to submit to Cotton Crews certain personal information, such as your name, email address, billing address, phone number, and age.  If you are a Captain, you may also be required to submit at least one valid payment method.  Your submission of personal information through the Platform is governed by our Privacy Policy, which can be found at http://www.cottoncrews.com/privacy/

     

    In certain instances, you may be asked to provide proof of identity, references, and certificates to access or use the Platform, and you agree that you may be denied access to or use of the Platform if you refuse to provide such information.

     

    1. Account Access and Security

    You are responsible for the confidentiality and use of your account, including your username(s) and password(s). You agree not to hold Cotton Crews liable for any damages of any kind resulting from your decision to disclose your username(s) or password(s) to any third party, including, but not limited to, entities that aggregate account information or website content, or persons who are or claim to be acting as your agent, proxy or advisor. If you inform Cotton Crews or Cotton Crews has reason to believe that the security of your account may be or has been compromised, we have the right to suspend or terminate your use of the Platform.

     

    You agree to immediately notify Cotton Crews if you become aware of any loss or theft of your username(s) or password(s), or any unauthorized use of your username(s) or password(s), or of the Platform.

     

    1. Accuracy, Completeness, and Timeliness of Information

    The Platform provides a passive forum for Crew Members to obtain information about job opportunities and for Captains to post job opportunities. Cotton Crews makes no representations or warranties regarding the effectiveness of the Platform or its content in meeting employment or career objectives.  By submitting or entering your information to the Platform for a job posting or Profile Listing (collectively, “Submitted Information”), you agree that you grant Cotton Crews a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of your Submitted Information, and by any means, forever and worldwide.  Cotton Crews does not screen or monitor any Submitted Information. Cotton Crews, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Information.  Cotton Crews reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Information, discontinue services, remove or alter content, or retract positions at any time without incurring any obligations.  You acknowledge and agree that Cotton Crews may retain copies of your Submitted Information and disclose your Submitted Information to a third party if Cotton Crews believes that it is necessary to: (i) protect the integrity of the Platform; (ii) protect rights of Cotton Crews; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Cotton Crews’ claim under this Agreement; and (vi) satisfy any claims regarding violations of third party’s rights. The Platform should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.

     

    1. Profile Listings

    A Crew Member may create a profile showing their availability for hire via the Platform (“Profile Listing”).  To create a Profile Listing, you may be required to provide a variety of information, including, but not limited to, your profile photo, email address, phone number, job position, job history, languages spoken, skills, certificates, and nationality.  The submission of personal information through the Platform is governed by our Privacy Policy, which can be found at http://www.cottoncrews.com/privacy/ 

     

    To be featured on the Platform, all Profile Listings must have a valid email address, phone number, and uploaded curriculum vitae.  Profile Listings will be made publicly available via the Platform when you select the “AVAILABLE” status tab.  You understand and agree that the placement or ranking of Profile Listings in search results may depend on a variety of factors, including, but not limited to, the Captain’s preferences, your location, your last check-in date and time, and your ratings.

     

    Captains will be able to download a Crew Member’s curriculum vitae through the Platform.  Captains may contact Crew Members directly, either offline or via the Platform, based upon the information provided in the Crew Member’s Profile Listing.

     

    1. No Endorsements

    Cotton Crews does not endorse any Crew Members, Captains, Profile Listings, or yachts.  Users are required by this Agreement to provide accurate information.  Although Cotton Crews may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask users to provide a form of identification or other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of users and/or screen user information against third party databases or other sources, we do not make any representations about, confirm, or endorse any user or the user’s purported identity or background.

     

    Any references on the Platform to a user being “verified” or “connected” (or similar language) only indicates that the user 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 user, including of the user’s identity and whether the user 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 Platform. We therefore recommend that you always exercise due diligence and care when deciding whether to contact or hire a Crew Member, to accept a contact/chat request from a Captain, or to have any other interaction with another user.

     

    Cotton Crews may provide summary notes on certain Crew Members listed on the Platform to help provide further information for Captains.  The summary notes are not endorsements, certifications or a guarantee by Cotton Crews.  Under no circumstances shall Cotton Crews be liable for any inaccuracies of information provided in the summary notes.

     

    By using the Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against the particular user(s) 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.

     

    1. Job Postings

    Job postings shall not include any hyperlinks, personal information of the Captain (e.g., name, email address, or phone number), or any misleading or irrelevant information to the job.

     

    1. Captains

    Cotton Crews makes certain tools available to Captains to help them find available Crew Members.  You acknowledge and agree that, as a Captain, you are responsible for your own actions in job postings, curriculum vitae downloads, and communicating with Crew Members on the Platform.  You understand that by using the Platform, you may be exposed to material that is offensive, indecent or objectionable.  Under no circumstances will Cotton Crews be liable in any way for any such material.

     

    1. Promotional Codes

    Cotton Crews may, in its sole discretion, create promotional codes that may be redeemed for an account credit, or other features or benefits related to the Platform and/or the services of a third party, 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 this Agreement.

     

    1. Charges and Payment Terms

    Captains wishing to contact Crew Members or access certain Premium Content (e.g., the chat feature and Crew Member reviews, ratings, and full curriculum vitae files) will be required to pay an access fee for unlimited access to the Cotton Crews database for a specified duration.  All access fee payments are final and non-refundable, unless otherwise determined by Cotton Crews.

     

    The access fee may be processed by one of our service providers, including Braintree Payments.  We encourage you to review the policies of Braintree Payments, which can be found at https://www.braintreepayments.com/legal.

     

    Payment of access fees will be facilitated using the preferred payment method designated in your account.  Once your access fee payment is complete, you will receive confirmation of payment via the Platform and will be able to access to the Premium Content on the Platform for the duration of the payment. After the duration of payment is complete, 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.

     

    Cotton Crews reserves the right to establish, remove and/or revise charges for any or all services obtained through the use of the Platform at any time in Cotton Crews’ 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 Platform, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Platform or the charges applied to you.

     

    1. Merchandise Orders

    From time to time, we may display Cotton Crews merchandise on the Platform.  If you select the “Buy Now” link for any of these items, you will leave the Platform and be directed to our store on Etsy.  We encourage you to review Etsy’s terms of use (https://www.etsy.com/legal/terms-of-use/#privacy).

     

    1. Personal Information Submitted Through the Platform

    Your submission of personal information through the Platform is governed by our Privacy Policy, which can be found at  http://www.cottoncrews.com/privacy/.This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

     

    1. Consent to Electronic Communications and Opting Out

    You consent to the receipt of electronic mail from Cotton Crews. You may opt out of future emails about products or services by following instructions contained in an email that you receive from us.  We reserve the right, however, to email you important information relating to your account.

     

    1. Errors, Inaccuracies, and Omissions

    Occasionally there may be information on our Platform that contains typographical errors, inaccuracies, or omissions that may relate to our products or services.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Platform is inaccurate at any time without prior notice.

     

    1. User Comments, Feedback, and Other Materials

    We ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, customer reviews) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Cotton Crews may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Cotton Crews.  Cotton Crews is and shall be under no obligation:

     

    (1) to maintain any Comments in confidence;

    (2) to pay compensation for any Comments; or

    (3) to respond to any Comments.

     

    Cotton Crews has the right but not the obligation to monitor and edit or remove any Comments. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Platform. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Cotton Crews or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Cotton Crews takes no responsibility and assumes no liability for any Comments posted by you or any third party.

     

    1. Online Conduct

    The Platform is intended to be used only for lawful purposes. You are prohibited from posting on or transmitting through the Platform any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, indecent, scandalous, profane, bigoted or hateful, libelous, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. In addition, you may not engage in any activity on the Platform that restricts or inhibits any other user from using or enjoying the Platform by means of “hacking,” “cracking,” “spoofing,” or disabling or defacing any portion of the Platform.

     

    If Cotton Crews is notified of allegedly defamatory, damaging, illegal, or offensive content provided by a user, Cotton Crews may investigate the allegation and determine, at its sole discretion, whether to remove or request the removal of such content from the Platform. Cotton Crews may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Platform; or (iii) to protect the rights or property of Cotton Crews, its users or third party service providers.

     

    Cotton Crews reserves the right to prohibit conduct, communication, or content that it deems, in its sole discretion, to be harmful to individual users or Cotton Crews, any rights of Cotton Crews or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Cotton Crews nor its providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Cotton Crews, nor its affiliates, nor any of their officers, directors, employees, or agents, nor providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Platform.

     

    Cotton Crews may terminate your access, or suspend your access to all or part of the Platform, without notice, for any conduct that Cotton Crews, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Cotton Crews.

     

    1. Prohibited Material

    You may not post or transmit through the Platform: advertising or commercial solicitations; promotional materials relating to websites or online services which are competitive with Cotton Crews and/or the Platform; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or the Content; or posts that express or imply that any statements you make are endorsed by Cotton Crews. Additionally, you may not harvest or collect information about Platform visitors without their express consent.

     

    1. Monitoring

    Cotton Crews or its representatives have the right, but not the obligation, to monitor the Content of the Platform to determine compliance with this Agreement. We retain our right to and with our sole discretion, edit, refuse to post or remove any material that we find to be in violation of these conditions or that is otherwise objectionable or offensive. This same discretion applies to our right of disclosure of any material submitted to the Platform and circumstances surrounding their submission to any third party in order to operate the Platform properly and to protect our sponsors, our visitors, and ourselves and to comply with our legal obligations and government requests.

     

    1. Copyright Complaints

    Cotton Crews respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide Cotton Crews’ copyright agent the written information specified below:

     

    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description where the material that you claim is infringing is located on the Platform;
    • Your address, telephone number, and email address;
    • 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;
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

    Cotton Crews’ Copyright Agent for notice of claims of copyright infringement on the Platform can be reached as follows:

    [email protected]

     

    Please note that this procedure is exclusively for notifying Cotton Crews that your copyrighted material has been infringed.

     

    1. Third Party Sites

    The Platform may contain links to other websites. If you link to another website, you will leave the Platform and this Agreement will not apply to your use of, and activities on, those other websites. We encourage you to read the legal notices posted on those other websites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those websites.

     

    You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Platform (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

     

    1. Indemnification

    You agree to defend, indemnify, and hold harmless Cotton Crews, its affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of a breach of this Agreement by you and/or your activities in connection with the Platform or any services related to the Platform. We may participate in the defense of any claim. You shall not settle any claim that affects Cotton Crews without our prior written approval.

     

    1. Disclaimers

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COTTON CREWS: (A) DOES NOT WARRANT THAT CREW MEMBERS WILL RECEIVE ANY EMPLOYMENT OR JOB OFFERS THROUGH THE PLATFORM; (B) SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OFFERS, EMPLOYMENT SCREENINGS, EMPLOYMENT DECISIONS, AND ACTUAL EMPLOYMENT PRESENTED BY CAPTAINS OR THIRD PARTIES; (C) DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, VALIDITY, OR TIMELINESS OF INFORMATION LISTED BY CREW MEMBERS, CAPTAINS, OR ANY THIRD PARTIES; (D) SHALL NOT BE RESPONSIBLE FOR ANY MATERIALS POSTED BY CREW MEMBERS, CAPTAINS, OR THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, JOB OPENINGS AND EMPLOYMENT LISTINGS; (E) IS NEITHER AN EMPLOYER NOR AN AGENT OF A CREW MEMBER IN ANY REGARD; (F)         DOES NOT WARRANT THAT THE THIRD PARTY CREW PROVIDING YACHTING SERVICES REQUESTED THROUGH COTTON CREWS IS PROFESSIONALLY LICENSED OR PERMITTED.  CREW MEMBERS AND CAPTAINS SHALL CONDUCT THEIR OWN DILIGENCE AND USE THEIR OWN JUDGMENT AND CAUTION IN EVALUATING ANY PROSPECTIVE EMPLOYERS OR EMPLOYEES AND ANY INFORMATION PROVIDED BY ANY THIRD PARTY.

     

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE PLATFORM IS PROVIDED BY COTTON CREWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COTTON CREWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE PLATFORM. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COTTON CREWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  YOU ACKNOWLEDGE, BY YOUR USE OF THE PLATFORM, THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.  THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.  SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

     

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COTTON CREWS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COTTON CREWS, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT, INFORMATION OR OTHER MATERIALS LOCATED ON THE PLATFORM.

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT COTTON CREWS IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE PLATFORM. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM COTTON CREWS SHALL CREATE ANY WARRANTY ON BEHALF OF COTTON CREWS IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.

    TO THE EXTENT APPLICABLE, NOTHING SET FORTH IN THIS SECTION AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER.

    1. Limitation of Liability

    TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL COTTON CREWS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COTTON CREWS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  SUBJECT TO THE FOREGOING, IN NO EVENT WILL COTTON CREWS BE LIABLE FOR ANY DAMAGES IN EXCESS OF FEES IN THE PAST SIX MONTHS).

    Nothing in the Agreement removes or limits Cotton Crews’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its gross negligence, and, if required by applicable law, negligence.  Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

    1. Severability

    The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

    1. Applicable Law

    This Agreement is governed by and shall be construed in accordance with the laws of the State of Florida, the principal place of business of Cotton Crews, without giving effect to any principles of conflicts of law.  You agree to bring any claims against Cotton Crews exclusively in the courts of Palm Beach County in the State of Florida.

    1. Class Action Waiver

    WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COTTON CREWS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Cotton Crews agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

     

    1. Contact Us

    If you have any questions concerning the Platform or this Agreement, please contact us using the information below.

     

    Cotton Crews, Inc.

    Attn: Legal

    P.O. Box 2621

    Palm Beach, FL 33480

    Phone: (561) 410-4455
    Email: [email protected]

     

  2. You may not assign these Terms without Cotton Crew’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’ 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 Crew’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.