TERMS OF USE
Updated: October 25, 2021
Welcome! The following are the terms of
use (“Terms”) that govern your use of SOS Crew site, platforms and mobile
applications - including but not limited to www.soscrew.org
, (collectively, the “Site”), and your purchase, possession, or use of any SOS
Crew, products, or services.
Our Privacy Policy, Purchase Policy and
any other policies, rules or guidelines that may be applicable to particular
offers or features on the Site are also incorporated into these Terms. By
visiting or using the Site, you expressly agree to these Terms, as updated from
time to time.
NOTICE REGARDING FUTURE CHANGES TO TERMS:
We may make changes to these Terms at any
time. Any changes we make will be effective immediately when we post a revised
version of these Terms on the Site. The “Last Updated” date above will tell you
when these Terms were last revised. By continuing to use this Site after that
date, you agree to the changes.
NOTICE REGARDING ARBITRATION AND CLASS
ACTION WAIVER:
These Terms contain an arbitration
agreement and class action waiver, whereby you agree that any dispute or claim
relating in any way to your use of the Site, or to products or services sold,
distributed, issued, or serviced by us or through us, will be resolved by
binding, individual arbitration, rather than in court, and you waive your right
to participate in a class action lawsuit or class-wide arbitration. We explain
this agreement and waiver, along with some limited exceptions, in Section 17, below.
COVID-19 WARNING:
An inherent risk of exposure to COVID-19
exists in any place where people gather. COVID-19 is an extremely contagious
disease that can lead to severe illness and death. You assume all risks,
hazards, and dangers arising from or relating in any way to the risk of
contracting COVID-19 or any other communicable disease or illness, or a
bacteria, virus or other pathogen capable of causing a communicable disease or
illness, whether occurring before, during, or after the event, however caused
or contracted, and voluntarily waive all claims and potential claims against
SOS Crew, and their affiliated companies relating to such risks.
Please note that the Site is not targeted
at audience under the age of 18, and visitors under this age are not permitted
to use the Site. We strongly encourage all parents and guardians to monitor the
Internet use by their children. If you use the Site, you affirm you are at
least 18 years old.
Table of Contents
1.
Account Registration
2.
Code of Conduct
3.
Ownership of Content and
Grand of Conditional License
4.
Making Donations and Purchases
5.
Forums and User Content
6.
Claims of Copyright
Infringement on the Site
7.
Links
8.
Parental Controls
9.
Global Access
10. Rules for Promotions, Contests and Games
11. Messaging
and newsletters
12. Mobile
Device Application
13. Violation
of these Terms
14. Disclaimer
of Warranties
15. Limitation
of Liability
16. Indemnification
17. Disputes, Including Mandatory Arbitration
and Class Action Waiver
18. No Reliance on Forward-Looking Statements
19. Severability
20. Questions
You may browse the Site without
registering for an account or donating or becoming a member. You will be
required to register for an account to use certain features of the Site, such
as purchasing of merchandise or nomination for financial aid. Your account
username may not include the name of another person with the intent to
impersonate that person, or be offensive, vulgar or obscene. Your account
username and password are personal to you. You will be responsible for the
confidentiality and use of your username and password, and for all activities
(including purchases) that are conducted through your account. You may not
transfer or sell access to your account. We will not be liable for any harm
related to disclosure of your username or password or the use by anyone else of
your username or password. You may not use another user’s account without that
user’s permission. You will immediately notify us in writing if you discover
any unauthorized use of your account or other account-related security breach.
We may require you to change your username and/or password if we believe your
account is no longer secure or if we receive a complaint that your username
violates someone else’s rights. You will have no ownership in your account or
your username. We may refuse registration, cancel an account or deny access to
the Site for any reason.
You agree that you will comply with all
applicable laws, rules and regulations, and that you will not:
- Restrict or inhibit any other person from using
the Site;
- Use the Site for any unlawful purpose;
- Express or imply that any statements you make
are endorsed by us, without our prior written consent;
- Impersonate any person or entity, whether actual
or fictitious, including any employee or representative of our company;
- Submit (a) any content or information that is
unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or
infringes our or any third party’s intellectual property or other rights; (b)
any non-public information about companies without authorization; or (c) any
advertisements, solicitations, chain letters, pyramid schemes, surveys, contests,
investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings
containing material that could be considered harmful, obscene, pornographic,
sexually explicit, indecent, lewd, violent, abusive, profane, insulting,
threatening, harassing, hateful or otherwise objectionable, includes the image
or likeness of individuals under 18 years of age, encourages or otherwise
depicts or glamorizes drug use (including alcohol and cigarettes),
characterizes violence as acceptable, glamorous or desirable, or contains any
personal contact information or other personal information identifying any
third party;
- Submit, or provide links to, any postings
containing material that harasses, victimizes, degrades, or intimidates an
individual or group of individuals on the basis of religion, race, ethnicity,
sexual orientation, gender, age, or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Site users;
- Use any password or code to participate in a membership
presale or other offer on the Site if you did not receive the password or code
from us, or if you violate the terms of the presale or offer;
The Site and all data, text, designs,
pages, print screens, images, artwork, photographs, audio and video clips, and
HTML code, source code, or software that reside or are viewable or otherwise
discoverable on the Site, and items obtained from the Site, (collectively, the “Content”)
are owned by us or our licensors. We own a copyright and, in many instances,
patents and other intellectual property in the Site and Content. We may change
the Content and features of the Site at any time.
We grant you a limited, conditional,
no-cost, non-exclusive, non-transferable, non-sub-licensable license to view
this Site and its Content as permitted by these Terms for non-commercial
purposes only if, as a condition precedent, you agree that you will not:
- Submit any software or other materials that
contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or
other items of a destructive nature;
- Manipulate identifiers, including by forging
headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Site other than the
URL assigned to the home page of the Site;
- “Frame” or “mirror” any part of the Site;
- Modify, adapt, sub-license, translate, sell,
reverse engineer, decompile or disassemble any portion of the Site, or
otherwise attempt to derive any source code or underlying ideas or algorithms
of any part of the Content;
- Remove any copyright, trademark or other
proprietary rights notices contained on the Site;
- Use any computer program, bot, robot, spider,
offline reader, site search/retrieval application or other manual or automatic
device, tool, or process to retrieve, index, data mine, or in any way reproduce
or circumvent the security structure, navigational structure, or presentation
of the Content or the Site, including with respect to any CAPTCHA displayed on the
Site. Operators of public search engines may use spiders to copy materials from
the Site for the sole purpose of and solely to the extent necessary for
creating publicly available searchable indices of the materials, but not caches
or archives of such materials. We may revoke this exception at any time and
require removal of archived materials gathered in the past;
- Use any automated software or computer system to
search for, reserve, buy or otherwise obtain memberships, merchandise,
promotional codes, vouchers, gift cards or any other items available on the
Site, including sending information from your computer to another computer
where such software or system is active;
- Take any action that imposes or may impose (in
our sole discretion) an unreasonable or disproportionately large load on our
infrastructure;
- Reproduce, modify, display, publicly perform,
distribute or create derivative works of the Site or the Content;
- Use the Site or the Content in an attempt to, or
in conjunction with, any device, program or service designed to circumvent any
technological measure that effectively controls access to, or the rights in,
the Site and/or Content in any way including, without limitation, by manual or
automatic device or process, for any purpose;
This license is expressly conditioned on
your preexisting agreement to comply with, and your actual compliance with,
each of the provisions described in this Ownership of Content and Grant of
Conditional License section. This license exists only so long as you strictly comply
with each of the provisions described in this section. Any use of the Site or
Content by you or anyone acting on your behalf that does not strictly comply
with each and every provision in this section exceeds the scope of the license
granted to you herein, constitutes unauthorized reproduction, display, or
creation of unauthorized derivative versions of the Site and Content, and
infringes our copyrights, trademarks, patents and other rights in the Site and
Content. You will not acquire any ownership rights by using the Site or the
Content.
The registered and unregistered
trademarks, logos, and service marks displayed on the Site are owned by us or
our licensors. You may not use our trademarks, logos, and service marks in any
way without our prior written permission. You may inquire about obtaining
permission by contacting us at [email protected]
Please review our Purchase and Donation Policy which (in addition to these Terms) will govern your purchase of
any merchandise, memberships or other products through the Site, including any refunds or exchanges. We may
impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by
you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect
when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or
vouchers that belong to you or to people who expressly authorize you to use such payment methods.
SOS Crew is a charity and crowd funding platform, where you can create a profile and solicit donations,
or ask for financial assistance.
Once you have set up your profile, you can promote your campaign via your social media, and it will be
visible on the SOS Crew web site profiles listing too. Donors can donate money easily to you using
PayPal or a credit card.
One-time service fee of 10% from the total amount raised for your campaign, will be deducted to cover wire transfer
and bank charges, and the remainder of the donation will be paid directly to your bank or PayPal account.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by
any other means, to conduct transactions on the Site.
You will not hold us liable if you do not comply with laws related to your transactions. We may provide law
enforcement with information you provide to us related to your transactions to assist in any investigation or
prosecution of you.
If we are unable to verify or authenticate any information you provide during any donation, registration, ordering,
purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer
able to verify or authorize your credit card or bank account information, your purchase may be cancelled, we may
refuse to honor all pending and future purchases made with those credit card or bank accounts and/or via any online
accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
You will not use bot technology to search for, reserve, or purchase memberships, services or merchandise through
the Site; for the avoidance of doubt, this specifically prohibits you from using automated purchasing software on the
Site, and prohibits you from circumventing any security measure, access control system, or other technological
control or measure on the Site that is used to enforce posted purchasing limits or to maintain the integrity of posted
online purchasing order rules.
We may host webinars, reviews, message
boards, blog feeds, social media feeds and other forums found on the Site
(collectively, “Forums”), and you may be able to submit suggestions, reviews,
concepts, audio and video recordings, photographs, artwork or other materials
to the Forums or other areas of the Site (“User Content”).
By submitting User Content, you certify
that you are at least 18 years old, and have obtained your parent’s or legal
guardian’s express consent to submit User Content.
You own all rights to your User Content.
If you submit User Content to the Site, you grant us a worldwide,
non-exclusive, transferable, sublicenseable, royalty-free right and license to
use, reproduce, modify, create derivative works of, distribute, publicly
perform, display, archive and commercialize your User Content, in our sole
discretion, in all formats and in all media channels now known or hereinafter
discovered, without any compensation or acknowledgment to you or anyone else.
This license will not affect your ownership in your User Content, including the
right to grant additional licenses to your User Content, except if it conflicts
with these Terms. We are not obligated to post, display or otherwise use any
User Content, or to attribute your User Content to you. You will not make or
authorize any claim against us that our use of your User Content infringes any
of your rights.
Statements, opinions, and reviews posted
by participants in a Forum may be inaccurate, offensive, obscene, threatening,
or harassing. We do not endorse and are not responsible for these postings. We
will not be liable for any loss or harm caused by the posting or your reliance
on information obtained through the postings.
You will be responsible for your User Content
and the consequences of posting it. By submitting User Content, you represent
to us that (i) you own, or have the necessary permission to submit the User
Content and to grant the licenses to us under this section, and (ii) you have
the written permission of every identifiable person in the User Content to use
that person’s name and likeness in the manner contemplated by the Site and
these Terms or, if the person is a minor, the written permission of the minor’s
parent or legal guardian.
We will have the right (but not the
obligation) to monitor the Site, the Forums and the User Content, and to
disclose any User Content and the circumstances surrounding its submission in
order to operate the Site properly, or to protect ourselves, our sponsors and
our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content
does not comply with these Terms, we may investigate the allegation and may
decide to remove your User Content and cancel your account. We may also hold
you liable for any User Content that infringes the rights of a third party and
require you to pay or reimburse us for any amounts we believe are necessary to
resolve any complaint.
Under the Digital Millennium Copyright
Act of 1998 (the “DMCA”) if you believe in good faith that any content on the
Site infringes your copyright, you may send us a notice requesting that the
content be removed. The notice must include: (a) your (or your agent’s)
physical or electronic signature; (b) identification of the copyrighted work on
our Site that is claimed to have been infringed (or a representative list if
multiple copyrighted works are included in one notification); (c)
identification of the content that is claimed to be infringing or the subject
of infringing activity, including information reasonably sufficient to allow us
to locate the content on the Site; (d) your name, address, telephone number and
email address (if available); (e) a statement that you have a good faith belief
that use of the content in the manner complained of is not authorized by you or
your agent or the law; and (f) a statement that the information in the
notification is accurate and, under penalty of perjury, that you or your agent
is authorized to act on behalf of the copyright owner. If you believe in good
faith that a notice of copyright infringement has been wrongly filed against
you, you may send us a counter-notice.
The Site contains links to other websites
that may not be owned or operated by us. The fact that we may link to those
websites does not indicate any approval or endorsement of those websites. We
have no control over those websites. We are not responsible for the content of
those websites, or the privacy practices of those websites. We strongly
encourage you to become familiar with the terms of use and practices of any
linked website. Your use of other websites is at your own risk, and is subject
to the terms of those websites. It is up to you to take precautions to ensure
that whatever links you select or software you download (whether from the Site
or other sites) is free of viruses, worms, Trojan horses, defects, date bombs,
time bombs, and other items of a destructive nature.
We cannot prohibit minors from visiting
our Site and must rely on parents and guardians to decide what materials are
appropriate for children to view and purchase. There are parental control
protections (such as computer hardware, software or filtering services)
available that may assist you in limiting access to material that is harmful to
minors.
The Site is directed to global audience
worldwide. We do not represent that Content available on or through the Site is
appropriate or available in all locations. We may limit the availability of the
Site or any service or product described on the Site to any person or
geographic area at any time. If you choose to access the Site, you do so at
your own risk.
In addition to these Terms, services, contests,
games or other promotions (collectively, “Promotions”) made available through
the Site may have specific rules that are different from these Terms. By
participating in a Promotion, you will become subject to those rules. We urge
you to review the rules before you participate in a Promotion. Promotion rules
will control over any conflict with these Terms, except in all instances the
arbitration agreement and class action waiver set forth in Section
17 below, will control and apply.
We offer browsing and mobile messaging
services which may include alerts, Promotions, and offers for services or products.
You may choose to receive mobile alerts by signing up or participating in a
Promotion. If you do, you authorize us to use automated technology to send
messages to the mobile phone number you supply when you sign up. Your consent
to receive mobile communications is never required in order to purchase
something from us.
Message and data rates may apply,
according to your rate plan provided by your wireless carrier. We will not be
responsible for any text messaging or other wireless charges incurred by you or
by a person who has access to your wireless device or telephone number. You may
not receive our alerts if your carrier does not permit text alerts. Your
carrier may not allow you to use pre-paid phones or calling plans to receive
alerts. We may send you a bounce back message for every message you send to us.
Service may not be compatible with all wireless carriers or devices.
You may opt out of any alerts by replying
to an alert with the text message “STOP” or by sending the text message “STOP”
to the short code provided. If you opt out by sending us a text message, we
will send you a text to confirm your request.
You authorize your wireless carrier to
disclose information about your account, such as subscriber status, payment
method and device details, if available, to support identity verification,
fraud avoidance and other uses in support of transactions for the duration of
your business relationship with us. Information may also be shared with other
service providers to further support identity verification and fraud
prevention.
We are not responsible for the accuracy
of any information displayed in our mobile messaging, for any misdelivery or
untimely delivery of any mobile messaging, or your deletion or failure to store
any mobile messaging from us.
If you install or use our mobile application,
software, and services, including any accompanying documentation (collectively,
“App”), we grant you a limited right to install and use the App on a single
authorized device globally, where we may be able to offer the App. You may use
the App for your personal, non-commercial purposes only. We do not grant you
any rights to any related documentation, support, upgrades, maintenance, or
other enhancements to the App. We will not provide you with any device,
internet access, or wireless connection to use the App. We are not responsible
for any interaction between you and another App user, or information you
transmit through the App (including your location).
We may investigate any violation of these
Terms, including unauthorized use of the Site. We may provide law enforcement
with information you provide to us related to your transactions to assist in
any investigation or prosecution of you. We may take legal action that we feel
is appropriate. You agree that monetary damages may not provide us a sufficient
remedy, and that we may pursue injunctive or other relief for your violation of
these Terms. If we determine that you have violated these Terms or the law, or
for any other reason or for no reason, we may cancel your account, delete all
your User Content, and prevent you from accessing the Site at any time without
notice to you. If that happens, you may no longer use the Site or any Content.
You will still be bound by your obligations under these Terms. You agree that we
will not be liable to you or any third party for termination of your access to
the Site or to your account or any related information, and we will not be
required to make the Site or your account or any related information available
to you. We may also cancel any relief request, membership or merchandise,
acquired through your order. We may refuse to honor pending and future
purchases made from all accounts we believe may be associated with you, or
cancel a membership or relief request associated with any person we believe to
be acting with you, or cancel your relief request, or exercise any other remedy
available to us.
WE
PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE.” WE TRY TO
KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW
PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE,
NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR
USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE,
OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS,
DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION
OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST
ANY SUCH THIRD PARTIES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
IN NO EVENT WILL WE, OR OUR CONTRIBUTORS,
SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE
ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND
ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR
IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED
THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT,
OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU
EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR
RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO
CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR
ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS,
DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR
OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED ITEMS, FOR
DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN
THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS
OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS
OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS
($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT
WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED
UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE
PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW
PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED
UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT
DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES
LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE
PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’
FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION OFF
SHORE AND FREE TRADE ZONES, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH
RECOVERY.
If anyone brings a claim against us
related to your use of the Site, the Content, your User Content or your
violation of these Terms, you agree to indemnify, defend and hold us and our
affiliated companies, donors, event organizers, suppliers, advertisers and
sponsors, and each of our officers, directors, employees, and agents, harmless
from and against any and all claims, damages, losses and expenses of any kind
(including reasonable legal fees and costs). We reserve the right to take
exclusive control and defense of any claim, and you will cooperate fully with
us in asserting any available defenses.
ANY DISPUTE OR CLAIM RELATING IN ANY
WAY TO YOUR USE OF THE SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED,
ISSUED, OR SERVICED BY US OR THROUGH US, WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following
exceptions:
- You may assert claims in small claims court if
your claims apply;
- If a claim involves the conditional license
granted to you as described in the Ownership of Content and Grant of
Conditional License section (Section 3)
- In the event that the arbitration agreement in
these Terms is for any reason held to be unenforceable, any litigation against
us (except for small-claims court actions) may be commenced only in a federal
or state court
This arbitration agreement is intended to
be broadly interpreted and will survive termination of these Terms. The
arbitrator, and not any federal, state or local court or agency, shall have
exclusive authority to the extent permitted by law to resolve all disputes
arising out of or relating to the interpretation, applicability,
enforceability, or formation of this Agreement, including, but not limited to,
any claim that all or any part of this Agreement is void or voidable.
We each agree that the arbitrator may not
consolidate more than one person’s claims and may not otherwise preside over
any form of a representative or class proceeding, and that any dispute
resolution proceedings will be conducted only on an individual basis and not in
a class, consolidated or representative action. YOU AGREE TO WAIVE
ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR
CLASS-WIDE ARBITRATION.
The information contained on the Site may
not be current and should not be used or relied on for any investment decision
regarding our securities or for any similar purpose. Statements on the Site
regarding our financial condition, results of operations and business and our
expectations or beliefs concerning future events that are not historical facts
are “Forward-Looking Statements” within the meaning of the Private Securities
Litigation Reform Act of 1995. Use of the words “believes,” “expects,” “anticipates,”
“plans,” “estimates” or words of similar meaning is intended to identify
Forward-Looking Statements but is not the exclusive means of identifying such
statements. We caution you that there are some known and unknown factors that
could cause actual results to differ materially from any future results,
performance or achievements expressed or implied by such Forward-Looking
Statements, including but not limited to economic, competitive, governmental,
and technological factors affecting our operations, markets, products, services
and prices, as well as the risks and uncertainties set forth in the documents
we file.
It is our belief that these Terms do not
contain any provision contrary to law. However, if any part of these Terms is
determined to be illegal, invalid, or unenforceable, you agree that: (a) that
part shall nevertheless be enforced to the extent permissible in order to
effect the intent of these Terms, and (b) the remaining parts shall be deemed
valid and enforceable.
If you have any questions, comments or
complaints regarding these Terms or the Site, please contact us at:
SOS
Crew Foundation
Attn:
General Counsel
Web:
www.soscrew.org
E-mail: [email protected]