This Agreement governs the use of the services (the “Service”) offered by NextCrew.com Inc. (“NextCrew.com”) at the NextCrew.com Web Site (the “Site”). Please read these Terms of Use (“Terms of Use” or “Agreement”) before using or continuing to use the Site. Use of the Site constitutes an agreement to all terms and conditions in this Agreement. By using this Site you represent, warrant, understand, agree to and accept all terms and conditions contained in this Agreement without modification by User. If you object to anything in the Terms of Use or the Privacy Policy, do not use the Site or the Service. The Terms of Use are subject to change by NextCrew.com at any time, effective upon posting on the Site of a revised version, and your use of the Service after such posting, or your failure to terminate your account before the effective date of the revised version, will constitute acceptance by you of the revised version of the Terms of Use.
General Terms
NextCrew.com Connects Providers and Owners. NextCrew.com is a communications platform for enabling the connection between individuals seeking services (“Owners”) and/or individuals seeking to provide services (“Providers”)(collectively, “Users”). Users do hereby represent, understand and expressly agree that NextCrew.com does not have liability for or control over the veracity of Users or the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers, nor of the veracity, integrity, responsibility or any of the actions whatsoever of the Owners. All Users do hereby expressly agree not to hold NextCrew.com (or NextCrew.com’s agents, assigns, representatives, advertisers or employees) liable for any instruction, advice, act, omission, or services delivered which originated through the Site. NextCrew.com expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom, from User’s use of the Site or agreements with other Users.
Specific Terms and Conditions
NextCrew.com is only a Venue. NextCrew.com is a communications platform for enabling the connection between Users. NextCrew.com does not take part in the interaction between Users. NextCrew.com does not have control over the quality, timing or legality of services actually delivered by its Users. NextCrew.com makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Users identified through the Site whether in public, private, or offline interactions. Due to the nature of the Internet and the difficulty of and restrictions on verifying individuals, NextCrew.com does not confirm that each User is who they claim to be, however, NextCrew.com has established a forum for Users to provide references and to conduct some screening activities. NextCrew.com does not assume any responsibility for the accuracy or reliability of this information or any information on this Site. NextCrew.com does not assume and expressly disclaims any liability that may result from the use of any information available on or through the Site or in a background check report or other consumer report or identity report.
Your Information
“Your Information” is defined as any information you provide to us or other Users through the Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information, you hereby represent and warrant to NextCrew.com that Your Information (or any items or contents listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors; (g) shall not 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; (h) shall not create liability for NextCrew.com or cause NextCrew.com to lose (in whole or in part) the services of our ISPs or other partners or suppliers. Solely to enable NextCrew.com to use Your information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known. NextCrew.com will also use Your Information in accordance with our Privacy Policy.
Term of Agreement
This Agreement will become effective immediately upon any use by any User of the Site and shall remain effective unless terminated by NextCrew.com as provided hereunder. NextCrew.com may terminate this Agreement by providing the affected User or Users with written or email notice of such termination, which shall be effective immediately upon delivery of such notice to the User or Users’ this notice may be included in or accompany notices of “adverse action” given when termination is based on information in a consumer report (such as a background check). Furthermore, NextCrew.com may terminate this Agreement immediately for any breach of this Agreement or any applicable policy of NextCrew.com as posted on the Site from time to time. If NextCrew.com terminates a User’s membership in the Service because the User has breached this Agreement, the User will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of NextCrew.com. Except as required by law, NextCrew.com is not required to provide any User with notice prior to terminating the User’s membership and/or subscription. Except as required by law, NextCrew.com is not required to disclose, and may be prohibited from disclosing, a reason for the termination of the User’s account. Even after the User’s membership or subscription is terminated, this Agreement will remain enforceable against such terminated User. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
Privacy
NextCrew.com’s Privacy Policy located on its Site as modified by NextCrew.com from time to time is a part of these Terms of Use and is incorporated herein by this reference. By using this Site, you do hereby represent, understand and agree that you have reviewed and agree to that policy. Copyright Complaints and Copyright Agent NextCrew.com respects the intellectual property of others, and asks Users to do the same. NextCrew.com is in compliance with the Digital Millennium Copyright Act. In order to protect intellectual property from misuse, NextCrew.com asks Users to help us. If Users believe, in good faith, that any materials on the Site infringe upon Users’ copyrights, please provide NextCrew.com’s Copyright Agent with the following information:
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Site where the material you claim is infringed is located. Include enough information to allow NextCrew.com to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and e-mail 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; and
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
NextCrew.com’s Copyright Agent for Notice of Claims of Copyright Infringement can be reached by mail, addressed to General Counsel and Copyright Agent, NextCrew.com, 2502 Gayle Ct., Northbrook, IL 60062. NextCrew.com will terminate access to the Site of those who engage in repeated acts of infringement
Limitations on Use
In the interest of maintaining the performance and availability of the site and in enforcing these Terms of Use, NextCrew.com reserves the right to place certain limitations on User’s access to the site and certain site features. These limitations may include (but are not limited to) the number of messages sent through the system, the number of background checks performed and the number of additional products that may be purchased through the site. User acknowledges that this term supersedes any specific offer made by NextCrew.com and that these limitations may be enforced at NextCrew.com’s sole discretion. If User feels that these limitations are interfering with legitimate use of NextCrew.com in keeping with the Terms of Use, User agrees to refer this concern to NextCrew.com Customer Service and abide by the determination of the Customer Service Representative.
Miscellaneous
Nothing in this Agreement shall be construed as making either party the partner, joint venture, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted in accordance with the laws of the State of Illinois (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur in Chicago, Illinois. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between NextCrew.com and Users with respect to the subject matter hereof, and Users have not relied upon any promises or representations by NextCrew.com with respect to the subject matter except as set forth herein. 1 Employer sponsors include but are not limited to Northwestern University, Chemonics, CHOPP and Westfield.