Privacy Policy
Preamble
Terms of Use
Last Updated 2024.01.18
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and CrowdCoursing LLC, its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “CrowdCoursing,” “we,” “us” or “our”) governing your use of the CrowdCoursing application, website, and technology platform (collectively, the “Site”).
If you are an agent, employee, student, volunteer, or other party otherwise associated with any entity which has executed an agreement with CrowdCoursing, including but not limited to a School District, that agreement may contain additional provisions governing your use of the Site. In the case of any
conflict or controversy, that agreement controls.
By entering into this Agreement, and/or by using or accessing the Site you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section
17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SITE OR ANY OF THE SERVICES PROVIDED THROUGH THE SITE. If you use the Site in another country, you agree to be subject to CrowdCoursing's
terms of service for that country
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of
Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND CROWDCOURSING CAN BE BROUGHT THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST CROWDCOURSING TO BINDING AND FINAL
ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. IN THE EVENT OF ANY CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ARBITRATION AGREEMENT BELOW, THE ARBITRATION AGREEMENT CONTROLS.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
Intended Users: the Site is intended for (1) users who are at least 18 years old and (2) users who are less than 18 years old who are accessing the site with the permission and under the supervision of a parent, legal guardian, teacher, school personnel, or similar individual with legal authority and responsibility for said user.
Eligibility
You represent and warrant that you currently meet and will continue to meet the following eligibility conditions ("Eligibility Conditions") for as long as you use the Service: (A) you are an Intended User as defined above; (B) you comply with all laws, rules and regulations in connection with your use of the Site
and any services arranged through the Site; (C) you have the right, authority and capacity to enter into these Terms of Use and to abide by all of the terms and conditions in these Terms of Use; (D) neither you, nor anyone in your home or, as applicable, the location where you access the Site: (i) has been the subject of a complaint, restraining order or any other legal action involving violence, abuse, neglect,
fraud, larceny, or any offense that involves endangering the safety of others; (ii) has been convicted of a crime of regarding or relating to any sexual, child abuse, domestic violence offenses or similar crimes against children or vulnerable persons; and/or (iii) has been and/or is currently required to register as a sex offender in any jurisdiction or with any government entity; and (E) neither you, nor anyone in your home or, as applicable, the location where you access the Site, is currently out on bail or on such person’s own recognizance pending trial, regarding or relating to any sexual, child abuse, domestic
violence offenses or similar crimes against children or vulnerable persons.
By using the Site, you understand and agree that CrowdCoursing may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that CrowdCoursing may revise the Eligibility Conditions from time to time and require new conditions and certifications and that
you will abide by such revised Eligibility Conditions or discontinue using the Site and you must discontinue use of the Site if at any time you no longer meet the Eligibility Conditions. If CrowdCoursing becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that
the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Site after termination or during suspension. You understand and agree that CrowdCoursing does not routinely verify that any or all of the
Eligibility Conditions are met by any other Users and you further understand and agree that CrowdCoursing is not responsible for assuring that the Eligibility Conditions are met or for any failure to suspend, terminate or prevent the use of the Site by Users who do not meet the Eligibility Conditions.
Except where expressly stated otherwise in these Terms of Use or on the Site, you understand and agree that you are solely responsible for conducting any appropriate background checks and obtaining
references prior to engaging another User to perform services. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about whether to engage other Users to perform services, accepting any engagements offered by other Users or
otherwise interacting with other Users. CrowdCoursing hereby expressly disclaims, and you hereby expressly release CrowdCoursing from, any and all liability whatsoever for any controversies, claims,
suits, injuries, loss, harm or damages arising from or in any way related to: (1) any inaccuracy,
untimeliness or incompleteness of a User’s Eligibility Conditions; and/or (2) any misstatements or misrepresentations made by any Users.
Although CrowdCoursing has no obligation to verify the Eligibility Conditions or conduct any other screenings, verifications or background checks, it reserves the right to do so in its sole discretion, and you hereby authorize CrowdCoursing to verify any or all of the above representations and warranties you make or the other information you provide. Such verification may include, without limitation, conducting
criminal background checks, sex offender registry checks, motor vehicle records checks, identification verifications, credit checks and/or using available public records. You consent to any collection, use or disclosure in order to accomplish such verification. You agree that CrowdCoursing may take such action as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your account, should it determine, in its sole discretion, that you have violated any representation or warranty or any other provision of these Terms of Use or it otherwise determines in its sole discretion
that such suspension or termination is appropriate for any reason. In the event of any suspension or termination, you agree to make no further use of the Site after termination or during suspension.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “IP”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and
various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The IP and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no IP or Marks may be copied, reproduced, aggregated, republished, uploaded, posted,
publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the IP to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the IP and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to
comply with these Terms of Use; (4) you are an Intended User as defined above; (5) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may not use the Site for any illegal or unauthorized purpose, nor may you violate any laws. The following content is expressly prohibited: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings regarding any of the foregoing content may result in immediate termination of your account and a lifetime ban from use of the Site.
We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the content contained on the Site. You understand and agree that the content of the Site does not contain or constitute representations to be
reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or
misrepresentations contained within the Site’s content.
USER REGISTRATION
You may be required to register with the Site in order to access the Site. You agree to keep your
password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available.
The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
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Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by any means or for any purpose, or creating user accounts by automated means or under false pretenses.
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Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any IP or enforce limitations on the use of the Site and/or the IP contained therein.
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Engage in unauthorized framing of or linking to the Site.
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Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
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Make improper use of our support services or submit false reports of abuse or misconduct.
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Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
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Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
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Attempt to impersonate another user or person or use the username of another user.
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Sell or otherwise transfer your profile.
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Use any information obtained from the Site in order to harass, abuse, or harm another person.
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Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise without our express, written agreement.
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Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
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Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
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Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
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Delete the copyright or other proprietary rights notice from any IP.
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Copy or adapt the Site’s software or code.
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Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s use and enjoyment of the Site or that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
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Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
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Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
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Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
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Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or other users on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or
other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site.
As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When
you create or make available any Contributions, you thereby represent and warrant that:
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The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
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You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
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You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
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Your Contributions are not false, inaccurate, or misleading.
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Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
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Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us and/or applicable law).
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Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
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Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
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Your Contributions do not violate any applicable law, regulation, or rule.
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Your Contributions do not violate the privacy or publicity rights of any third party.
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Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
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Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
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Your Contributions do not include any offensive comments that are connected to race / ethnicity, national origin, sex / gender, sexual preference, religion, or physical handicap.
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Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENCE
You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law, our rights, any other user’s rights, or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in
the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
TERMS & TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We will not be liable to you or any third party for any modification, suspension, or discontinuance
of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site s during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us
to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and to be entirely performed within the State of Florida, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Palm Beach County, Florida, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE
MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY USER OR THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO THOSE FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site
with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use
reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy
any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
Unless otherwise agreed to by CrowdCoursing in writing, these Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be
unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form
of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at: contact@crowdcoursing.com
ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and CrowdCoursing.
YOU AND CROWDCOURSING MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by
the Federal Arbitration Act and survives after the Agreement terminates or your relationship with CrowdCoursing ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided
below, this Arbitration Agreement applies to all Claims (defined below) between you and CrowdCoursing, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and CrowdCoursing’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN
YOU AND CROWDCOURSING. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the CrowdCoursing Platform, the Facilitating Services, CrowdCoursing promotions, gift
card, referrals or loyalty programs, any other goods or services made available through the
CrowdCoursing Platform, your relationship with CrowdCoursing, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on CrowdCoursing’s behalf, payments made by you or any payments made or allegedly owed to you, any
promotions or offers made by CrowdCoursing, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful
termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection
laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of
1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by CrowdCoursing and covered by the Employee Retirement Income Security Act of 1974 or funded by
insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration
Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND CROWDCOURSING ARE WAIVING THE
RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes
which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND CROWDCOURSING MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS,
COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND CROWDCOURSING BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST CROWDCOURSING, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any
case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or
remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and CrowdCoursing agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), Florida Labor Code § 2698 et seq., in
any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the Florida PAGA, both you and CrowdCoursing agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights
of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If
any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act
claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms et forth in this Agreement. Copies of these rules can
be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at
1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different
set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and CrowdCoursing will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and
conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different parties, but is bound by rulings in prior arbitrations involving the same party to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
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If CrowdCoursing initiates arbitration under this Arbitration Agreement, CrowdCoursing will pay all AAA filing and arbitration fees.
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Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
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At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
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Although under some laws CrowdCoursing may have a right to an award of attorneys' fees and non-filing fee expenses if it prevails in an arbitration, CrowdCoursing agrees that it will not seek such an award unless you are represented by an attorney, or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
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If the arbitrator issues you an award that is greater than the value of CrowdCoursing’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then CrowdCoursing will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and CrowdCoursing agree otherwise, any arbitration hearings will occur in the venue stated in the Dispute Resolution section of the Terms of Service. If AAA arbitration is unavailable in that county,
the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the CrowdCoursing Platform or Facilitating Services. Where these claims are brought in a court of competent jurisdiction, CrowdCoursing will not require arbitration of those claims. CrowdCoursing's
agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance
Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party's obligation to exhaust administrative remedies before making a claim in arbitration
However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or
recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claims with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
(h) Severability.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given
full force and effect.
(i) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and CrowdCoursing may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and CrowdCoursing. A party who intends to seek negotiation under
this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation
by any of the parties, their agents, employees, and attorneys are confidential, privileged and
inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
CROWDCOURSING PRIVACY POLICY
This policy applies to all CrowdCoursing users, and to all Sites and services, including our apps, websites, features, and other services (collectively, the “Site”). Please remember that your use of the Site is also subject to our Term of Service.
The Information We Collect
When you use the Site, we collect the information you provide, usage information, and information about your device. We also collect information about you from other sources like third party services, and optional programs in which you participate, which we may combine with other information we have
about you. Here are the types of information we collect about you:
A. Information You Provide to Us
Account Registration. When you create an account with CrowdCoursing, we collect the information you provide us, such as your name, email address, phone number, birth date, and payment information. You may choose to share additional info with us for your profile, like your photo or saved addresses (e.g., home or work), and set up other preferences (such as your preferred pronouns). Depending on the type
of user account, we may also collect physical address, government identification number (such as social security number), licensing information, professional licensing information, accreditation information, certifications, background checks, and insurance information. We collect the payment information you
provide us, including your bank routing numbers, and tax information.
B. Information We Collect When You Use the Site
Location Information. The Site may collect location information (including GPS and WiFi data) differently depending on your CrowdCoursing portal, app settings and device permissions.
Usage Information. We collect information about your use of the Site, including Facilitation Session information like the date, time, duration, payment, and whether you used a promotional or referral code. We also collect information about your interactions with the Site like our apps and websites, i including the pages and content you view and the dates and times of your use.
Device Information. We collect information about the devices you use to access the Site, including device model, IP address, type of browser, version of operating system, identity of carrier and manufacturer, radio type (such as 4G), preferences and settings (such as preferred language), application installations,
device identifiers, advertising identifiers, and push notification tokens. We also collect mobile sensor data from your device (such as speed, direction, height, acceleration, deceleration, and other technical data).
Communications Between Users. We may work with a third party to facilitate phone calls and text messages between Users without sharing either party’s actual phone number with the other. But while we use a third party to provide the communication service, we collect information about these communications, including the participants’ phone numbers, the date and time, and the contents of SMS
messages. For security purposes, we may also monitor or record the contents of phone calls made through the Site, but we will always let you know we are about to do so before the call begins.
Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Site. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not
to accept cookies from us, you may miss out on certain features of the Site.
C. Information We Collect from Third Parties
Third Party Services. Third party services provide us with information needed for core aspects of the Site, as well as for additional services, programs, loyalty benefits, and promotions that can enhance your CrowdCoursing experience. These third-party services include background check providers, insurance partners, financial service providers, marketing providers, and other businesses. We obtain the following information about you from these third-party services:
● Information to make the Site safer, like background check information;
● Information about your participation in third party programs that provide things like insurance coverage and financial instruments, such as insurance, payment, transaction, and fraud detection information;
● Information to operationalize loyalty and promotional programs, such as information about your use of such programs; and
● Information about you provided by specific services, such as demographic and market segment information.
Enterprise Programs. If you use CrowdCoursing through your employer or other organization that participates in one of our CrowdCoursing Business enterprise programs, we will collect information about you from those parties, such as your name and contact information.
Referral Programs. Friends help friends use the Site. If someone refers you to CrowdCoursing, we will collect information about you from that referral including your name and contact information.
Other Users and Sources. Other users or public or third-party sources such as law enforcement, insurers, media, or pedestrians may provide us information about you, for example as part of an investigation into an incident or to provide you support.
How We Use Your Information
We use your personal information to:
● Provide the Site;
● Maintain the security and safety of the Site and its users;
● Build and maintain the CrowdCoursing community;
● Provide customer support;
● Improve the Site; and
● Respond to legal proceedings and obligations.
Providing the Site. We use your personal information to provide an intuitive, useful, efficient, and worthwhile experience on our platform. To do this, we use your personal information to:
● Verify your identity and maintain your account, settings, and preferences;
● Calculate prices and process payments;
● Allow users to connect regarding their sessions;
● Communicate with you about your facilitation and experience;
● Collect feedback regarding your experience;
● Facilitate additional services and programs with third parties; and
● Operate contests, sweepstakes, and other promotions.
Maintaining the Security and Safety of the Site and its Users.
Providing you a secure and safe experience drives our platform. To do this, we use your personalinformation to:
● Authenticate users;
● Verify that Users meet safety and licensing requirements;
● Investigate and resolve cancellation claims;
● Encourage safe behavior and avoid unsafe activities;
● Find and prevent fraud; and
● Block and remove unsafe or fraudulent users from the Site.
Building and Maintaining the CrowdCoursing Community. CrowdCoursing works to be a positive part of the community. We use your personal information to:
● Communicate with you about events, promotions, elections, and campaigns;
● Personalize and provide content, experiences, communications, and advertising to promote and grow the Site; and
● Help facilitate donations you choose to make through the Site.
Providing Customer Support. We work hard to provide the best experience possible, including
supporting you when you need it. To do this, we use your personal information to:
● Investigate and assist you in resolving questions or issues you have regarding the Site; and
● Provide you support or respond to you.
Improving the Site. We are always working to improve your experience and provide you with new and helpful features. To do this, we use your personal information to:
● Perform research, testing, and analysis;
● Develop new products, features, partnerships, and services;
● Prevent, find, and resolve software or hardware bugs and issues; and
● Monitor and improve our operations and processes, including security practices, algorithms, and other
modeling.
Responding to Legal Proceedings and Requirements.
Sometimes the law, government entities, or other regulatory bodies impose demands and obligations onus with respect to the services we seek to provide. In such a circumstance, we may use your personalinformation to respond to those demands or obligations.
How We Share Your Information
We do not sell your personal information. To make the Site work, we may need to share your personal information with other users, third parties, and service providers. This section explains when and why we share your information.
A. Sharing Between Users, Sharing With Third-Party Service Providers for Business Purposes
CrowdCoursing may share the following categories of your personal information for a business purpose to provide you with a variety of the Site’s features and services:
● Personal identifiers, such as your name, address, email address, date of birth, government identification number (such as social security number), state licensing information.
● Financial information, such as bank routing numbers, tax information, and any other payment information you provide us;
● Commercial information, such as Facilitation Session information, user statistics and feedback, and user transaction history;
● Internet or other electronic network activity information, such as your IP address, type of browser, version of operating system, carrier and/or manufacturer, device identifiers, and mobile advertising identifiers; and
● Location data.
We disclose those categories of personal information to service providers to fulfill the following business
purposes:
● Maintaining and servicing your CrowdCoursing account;
● Processing or fulfilling facilitation services;
● Providing you customer service;
● Processing Student transactions;
● Processing user applications and payments;
● Verifying the identity of users;
● Detecting and preventing fraud;
● Processing insurance claims;
● Providing user loyalty and promotional programs;
● Providing marketing and advertising services to CrowdCoursing;
● Providing financing;
● Providing requested emergency services;
● Providing analytics services to CrowdCoursing; and
● Undertaking internal research to develop the Site.
C. For Legal Reasons and to Protect the Site
We may share your personal information in response to a legal obligation, or if we have determined thatsharing your personal information is reasonably necessary or appropriate to:
● Comply with any applicable federal, state, or local law or regulation, civil, criminal or regulatory inquiry, investigation or legal process, or enforceable governmental request;
● Respond to legal process (such as a search warrant, subpoena, summons, or court order);
● Enforce our Terms of Service;
● Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
● Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third-parties, or the public as required or permitted by law.
D. In Connection with Sale or Merger
We may share your personal information while negotiating or in relation to a change of corporate controlsuch as a restructuring, merger, or sale of our assets.
E. Upon Your Further Direction
With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.
How We Store and Protect Your Information
We retain your information for as long as necessary to provide you and our other users the Site. This means we keep your profile information for as long as you maintain an account. We retain transactional
information such as facilitation sessions and payments for at least seven years to ensure we can perform legitimate business functions, such as accounting for tax obligations. If you request account deletion, we will delete your information as set forth in the “Deleting Your Account” section below.
We take reasonable and appropriate measures designed to protect your personal information. But no security measures can be 100% effective, and we cannot guarantee the security of your information, including against unauthorized intrusions or acts by third parties.
Your Rights And Choices Regarding Your Data
As explained more below and on our privacy homepage, CrowdCoursing provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.
A. All Users
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Site (such as receiving a notification that your Facilitation Session has started).
Profile Information. You can review and edit certain account information you have chosen to add to your profile by logging in to your account settings and profile.
Location Information. You can prevent your device from sharing location information through yourdevice’s system settings. But if you do, this may impact CrowdCoursing’s ability to provide you our full range of features and services.
Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the Site.
Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to
operators of websites and web applications and services that you do not want them to track your online activities. The Site does not currently support Do Not Track requests at this time.
Deleting Your Account. If you would like to delete your CrowdCoursing account, please visit our privacy homepage. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to
retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
B. Florida Residents
The Florida Consumer Privacy Act provides some Florida residents with the additional rights listed below. To exercise these rights see the “Exercising Your Florida Privacy Rights” section or visit our privacy homepage. Right to Know. You have the right to know and see what data we have collected about you over the past 12 months, including:
● The categories of personal information we have collected about you;
● The categories of sources from which the personal information is collected;
● The business or commercial purpose for collecting your personal information;
● The categories of third parties with whom we have shared your personal information; and
● The specific pieces of personal information we have collected about you.
Right to Delete. You have the right to request that we delete the personal information we have collected from you (and direct our service providers to do the same). There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:
● Complete your transaction;
● Provide you a good or service;
● Perform a contract between us and you;
● Protect your security and prosecute those responsible for breaching it;
● Fix our system in the case of a bug;
● Protect the free speech rights of you or other users;
● Comply with the Florida Electronic Communications Privacy Act
● Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that
adheres to all other applicable ethics and privacy laws;
● Comply with a legal obligation; or
● Make other internal and lawful uses of the information that are compatible with the context in whichyou provided it.
Other Rights. You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any
of the rights listed above.
Exercising Your Florida Privacy Rights. To request access to or deletion of your personal information, or to exercise any other data rights under Florida law, please contact us using one of the following methods:
Website: You may visit our privacy homepage to authenticate and exercise rights via our website.
Email Webform: You may write to us to exercise rights. Please include your full name, email address, and phone number associated with your use of the Site, along with why you are writing, so that we can process your request in an efficient manner: contact@crowdcoursing.com.
Response Timing and Format. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension
period in writing.
Children’s Data
CrowdCoursing is not directed to children, and we don’t knowingly collect personal information from children under the age of 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us
personal information, please contact us at our Help Center or email us at contact@crowdcoursing.com.
Links to Third Party Websites
The Site may contain links to third-party websites. Those websites may have privacy policies that differ from ours. We are not responsible for those websites, and we recommend that you review their policies.
Please contact those websites directly if you have any questions about their privacy policies.
Changes to This Privacy Policy
We may update this policy from time to time as the Site changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through the Site or by some other method of communication like email. When you use CrowdCoursing, you are agreeing to the most
recent terms of this policy.
Contact Us
If you have any questions or concerns about your privacy or anything in this policy, including if you need to access this policy in an alternative format, we encourage you to contact us.
