Terms and Conditions of Use
Effective Date: November 3, 2017
CrewID® System
YOUR ACCESSING, USING AND/OR SUBMITTING INFORMATION TO THIS WEBSITE (THE “SITE”) CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF USE PROVIDED HEREIN (THE “TERMS”). IF YOU (“YOU” OR “CUSTOMER”) DO NOT AGREE WITH ALL OF THE TERMS, DO NOT ACCESS, USE OR SUBMIT INFORMATION TO THIS SITE.
NATA Compliance Services, LLC and/or its affiliates (collectively, “CrewID,” “we” or “us”) own the CREWID® brand and the Site and may modify these terms at any time by posting them on the Site, as well as discontinue, withdraw, replace or change any content, products or services offered via this Site and your continued use of the Site thereafter constitutes your acceptance of such changes. You represent and warrant that you are of legal contracting age and have legal capacity to contract.
YOU AGREE THAT, EXCEPT AS OTHERWISE PROVIDED IN SECTION 9 BELOW, ANY AND ALL DISPUTES OR CLAIMS BETWEEN YOU AND CREWID OR ANY OF ITS AFFILIATES, INCLUDING WITHOUT LIMITATION DISPUTES OR CLAIMS RELATED TO THESE TERMS AND/OR YOUR USE OF THE SERVICES OR OTHERWISE RELATED TO CREWID BADGES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION COMMERCIAL ARBITRATION RULES EXCLUSIVELY IN MARTIN COUNTY, FLORIDA, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST CREWID OR ANY OF ITS AFFILIATES, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The Site provides a crew identification badge issuance and real-time verification system designed with security features for use by crew administrators and their crew personnel to purchase verifiable crew identification badges and obtain expedited crew credential verification and access as well as product and/or service discounts at participating airports, restaurants, hotels and/or other participating businesses. CrewID provides the CrewID badges and verification services (each, a “Service” and collectively, the “Services”) via this Site subject to the Terms stated below. Please read these Terms carefully before accessing, using or submitting information to this Site. By accessing, using or submitting information to this Site, you agree to be bound by all of the Terms.
In consideration of the mutual promises contained in these Terms, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Services. CrewID will provide via the Site a system for ordering CrewID crew identification badges and crew badge verification services as Customer may from time to time request and pay for, subject to these Terms and any schedules, exhibits and order forms referred to herein.
A. Creation of Customer Account and Designation of Customer Program Administrator. Prior to the commencement of CrewID’s provision of CrewID badge issuance services, Customer shall apply for a Customer account online via the Site and designate a Customer Program Administrator (the “Customer Program Administrator”) who shall serve as Customer’s designated contact for the Services. The Customer Program Administrator shall be an employee of Customer and shall have signing authority for Customer with respect to CrewID badge applications, receive communications from CrewID relating to the CrewID badge program and be responsible for CrewID badge audits, badge returns and badge renewals and replacements. The maximum number of Customer Program Administrators is limited to three (3) individuals per customer. CrewID will perform verification that the Customer company is in good standing and not on watchlists that CrewID uses to vet companies. CrewID will notify Customer’s designated Customer Program Administrator once the foregoing requirements have been successfully completed or if Customer Program Administrator or crew personnel fail to meet the CrewID badge program requirements. Customer hereby represents, warrants and covenants to CrewID that the Customer Program Administrator has, and shall at all times have the requisite authority to (i) transmit information, directions and instructions on behalf of Customer and the individual crew members for which CrewID badges are ordered, including, without limitation, such individuals’ personal and credentialing information as well as instructions to deactivate CrewID badges, and (ii) issue, execute, grant or provide any approvals, requests, notices or other communications required or permitted under these Terms or requested by CrewID in connection with the Services. Customer shall conduct background checks with respect to all individuals for which CrewID badges are requested and shall verify their identity and verify that such individuals are not on any government prohibited person or watch list, do not have a criminal record and do not pose a security threat. Customer acknowledges and agrees that Customer is solely responsible for all verification and vetting of all individuals for which CrewID badges are ordered, and represents and warrants to CrewID, with respect to each individual for which CrewID badges are ordered, that Customer has appropriately vetted such individual and that such individual is not on any government prohibited person or watch list, does not have a criminal record or pose a security threat and complies and shall comply with all applicable legal and International Civil Aeronautics Organization (“ICAO”) requirements as well as CrewID’s requirements for CrewID badge issuance and use.
B. Customer Account Activation and Badge Ordering. After the above-described requirements have been satisfied, Customer, through its Customer Program Administrator, must activate its Customer account and must pay the applicable initial startup fee in addition to agreeing to these Terms in order to request CrewID badges for individuals forming part of Customer’s crews. Customer accounts will have an account name and/or number as well as a password which must be entered in order to access the Customer account. After the Customer Program Administrator has successfully completed the Customer account registration and activation process, the Customer Program Administrator may then request CrewID badges for its individual crew members by providing to CrewID the names and email addresses of the individuals forming part of the applicable Customer crews. Customer must submit or cause its crew personnel for which CrewID badges are requested to submit to CrewID personal and credentialing information regarding such crew member. Customer and each such individual shall be required to and hereby do consent to release and use of all information submitted to CrewID for purposes of record checks and assessments, verification of compliance with these Terms, as well as release and disclosure to law enforcement and/or regulatory agencies or as otherwise legally required or as further described below and/or in the CrewID Privacy Policy. CrewID will send an email to the designated individual crew member email addresses with a link for such individuals to provide the required badge information, upload their photograph and pay for the badge. After such information, photograph and payment has been provided by Customer or the applicable crew member, the Customer Program Administrator will confirm to CrewID that the crew person’s photograph is accurate and pertains to the applicable crew member and will complete the CrewID badge ordering process. CrewID will process the completed CrewID badge order, create the CrewID badge and ship it to the address specified for the applicable crew member in the badge order. CrewID badges are valid for a maximum of two (2) years from the date of issuance, and are subject to deactivation earlier as provided below. Customer shall supply, and shall ensure that its crew members supply, to CrewID complete and accurate data and documentation and accurate crew member photographs as necessary to provide and support the Services. Customer will execute and deliver to CrewID any documents and forms as CrewID deems necessary to provide to Customer the Services under applicable laws and regulations. CrewID reserves the right to approve or reject Customer applications, Customer Program Administrator designees and Customer crew personnel badge issuances as it determines in its sole and absolute discretion, without liability or obligation to Customer or the individuals involved. Fees and charges for the Services and CrewID badges shall be in accordance with the prices applicable at the time of ordering. Customer is responsible for any costs involved in delivering the CrewID badges to Customer. Customer shall pay any third party fees charged to CrewID in connection with the Services.
C. CrewID Badge Verification. CrewID badge verification and validation is provided via the Site’s CrewID badge validation page where users can validate CrewID badges by entering the applicable CrewID badge numbers and a validation or captcha code. If the badge number entered corresponds to a valid CrewID badge, the validation page will display the corresponding crew members’ photograph and CrewID badge expiration date.
2. Use of the Site and CrewID badges. All use of this Site, the CrewID badges and the Services is subject to and must comply with these Terms and all applicable laws and regulations. Badge holders may be subject to additional security measures and procedures imposed by airports and participating businesses, as well as the Transportation Security Administration, foreign counterpart agencies and other government and/or law enforcement agencies. Customer is solely responsible for determining what additional requirements are applicable and for complying with such requirements. Customer and its crew personnel are solely responsible for complying with all legal, regulatory, contractual and other requirements with respect to aircraft, airport, crew and other related credentialing, identification, facility access and other requirements applicable to their operations and activities, and shall be solely responsible for obtaining and maintaining all necessary third party licenses, consents, approvals and authorizations. All badges are licensed, not sold, and remain the property of CrewID. Customer must collect all badges issued to a Customer crew member on the date that such crew member’s employment or engagement by Customer is terminated, and must deactivate the applicable badges online and provide written notification to CrewID of such termination and deactivation within twenty-four (24) hours after the date of such termination. Lost, damaged or stolen CrewID badges must be reported immediately to CrewID and Customer’s Customer Program Administrator must immediately access its CrewID account and deactivate such badges. All lost CrewID badges shall be returned to CrewID upon being found. CrewID badge holders and/or the Customer’s Customer Program Administrator shall be solely responsible for tracking badge expiration dates and requesting new badges at least thirty (30) days prior to the expiration. Badges that are not renewed prior to expiration will be deactivated and shall no longer be valid and may not be used for access or identification. Failure to renew a badge prior to expiration may result in having to complete the new badge issuance process and assessment of additional fees. Any changes to crew member names or other identification information must be reported to CrewID prior to the next use of the applicable badge(s) for any purpose, and may require issuance of a new badge in accordance with the badge issuance procedures set forth herein. Customer represents and warrants that it and its crew members are in compliance with all pre-hiring procedures and practices that are required by the ICAO, Federal Aviation Administration, the Transportation Security Administration and applicable laws and regulations, including, without limitation, those applicable to security vetting of crew members in the country you operate. Customer shall at all times maintain complete, accurate and up to date records regarding its crew members and their employment and termination.
As a condition of Customer’s use of the Site and the CrewID badges provided via the Site, Customer represents, warrants and covenants to CrewID that neither Customer nor its personnel will use the Site or such CrewID badges for any purpose that is unlawful or prohibited by these Terms. Customer may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. By way of example, and not as a limitation, Customer agrees that it shall not, and Customer shall cause its Customer Program Administrator and all of its individual crew members for which CrewID badges are ordered, supplied and/or used to not:
– Provide false, incorrect, inaccurate or misleading information or crew member photographs, whether as part of the Customer registration process, CrewID badge ordering and issuance, CrewID badge verification or otherwise.
– Order any CrewID badges for any individual that is not an active duty crew member in good standing and employed or engaged by Customer that has been fully vetted by conducting background checks and verification that such individual is not on any government prohibited persons or watch list, has no criminal record and does not pose a security threat.
– Permit any individual to retain possession of any CrewID badges after their employment or engagement by Customer ceases, regardless of the reason for such cessation.
– Deface, tamper with, damage (other than ordinary wear and tear), compromise, modify or attempt to circumvent any security features of the CrewID badges or the Services.
– Reproduce any CrewID badges.
– Use any CrewID badges to attempt to gain access to any flight, facility or other location requiring other credentials, identification or authorization unless such other credentials, identification and authorization are obtained and provided.
– Use any CrewID badges as a substitute for or in lieu of any government-issued identification badge or other official government-issued credential for any purpose or situation in which a government-issued identification badge or other credential is required.
– Allow any individual other than the crew member to whom the applicable CrewID badge was duly issued in accordance with the requirements hereof to wear or otherwise use such CrewID badge.
– Use any CrewID badge for personal or off-duty activities other than use for product or service discounts at participating airports, restaurants and/or other participating businesses.
– Except for CrewID badge verification information obtained via the Site on a per-badge basis, harvest or otherwise collect information about others.
– Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
– Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
– Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
– Restrict or inhibit any other user from using and enjoying the Site.
– Use a robot, spider or other automated device, process or means to access the Site.
– Violate any applicable laws or regulations.
– Attest to information on behalf of another person.
– Use another person’s login information or login credentials to access the site.
– Use the Site for the purpose of obtaining information regarding CrewID’s business and/or the Site’s functions and features in order to create a business, product, service or site offering the same or substantially the same products and/or services.
CrewID shall have no obligation to monitor the usage of the Site. However, CrewID reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. CrewID reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. CrewID further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any content, in whole or in part, in its sole discretion.
Site content is subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited. The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”). The Linked Sites and Framed Sites are not under CrewID’s control and CrewID is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. CrewID is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by CrewID of the Linked Site or Framed Site or any association with or its operators.
3. Invoicing and Payment for Services. Customer shall submit payment with requests, along with the required documentation and/or data. Any additional costs or pass through expenses shall be paid within 5 days of the date of invoice. CrewID may increase prices at any time. Customer agrees to pay 1.5% per month for any fees or other charges not paid when due. If Customer requests additional services not specified in this Agreement, and CrewID agrees to provide such services, (i) such services will be subject to these Terms, and (ii) unless otherwise agreed to in writing, Customer will pay CrewID’s then prevailing fees for such services. In the event that, due to changes in legal requirements in connection with the Services, CrewID is required to provide additional services not otherwise included in the Services, such additional services shall be provided subject to additional charge. In addition, if any change in the implementation of the Services occurs that requires CrewID to devote resources, expend time or otherwise incur costs not contemplated by these Terms, Customer agrees to pay such additional costs. Customer will pay to CrewID all applicable sales, use, excise, gross receipts, or other taxes, surcharges, duties or other charges levied or based on these Terms, exclusive of taxes based on CrewID’s net income. All payments are non-refundable unless otherwise agreed to in writing by CrewID.
4. Confidential Information; Privacy Policy. All Confidential Information disclosed hereunder will remain the exclusive and confidential property of the disclosing party. The receiving party will not disclose the Confidential Information of the disclosing party and will use at least the same degree of care in protecting the Confidential Information of the disclosing party as it uses with respect to its own confidential information. The receiving party will limit access to Confidential Information to its employees and advisors with a need to know and will instruct such employees and advisors to keep such information confidential. Notwithstanding the foregoing, the receiving party may disclose Confidential Information to the extent necessary to comply with any law, ruling, regulation or rule applicable to it or to the extent necessary to enforce its rights under these Terms. In addition, CrewID may also disclose and use Customer Confidential Information (i) to the extent that disclosure or use of such information is required to perform the Services, or (ii) as CrewID deems necessary under any requirements of governmental data sources and consumer reporting agencies for which CrewID is a reseller, or under applicable laws and regulations (including, without limitation, in connection with an audit or regulatory examination by a governmental authority or law enforcement investigation). For purposes of this Section, “Confidential Information” shall mean: all information of a confidential or proprietary nature provided by the disclosing party to the receiving party for use in connection with the Services, but does not include (a) information that is already known by the receiving party without an obligation of confidentiality, (b) information that becomes generally available to the public other than as a result of disclosure by the receiving party in violation of these Terms, and (c) information that becomes known to the receiving party from a source other than the disclosing party on a non-confidential basis. By registering, posting, uploading, inputting or otherwise submitting Customer and/or crew member information or other information or content to the Site, Customer and such crew member grants to CrewID and its contractors and their respective affiliated companies permission to use same in connection with the operation of the Site and marketing of the Services and/or other products or services to Customer and such crew member, including contacting them and sending them emails and other communications, including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat such information and content as part of marketing products and services to them. No compensation will be paid with respect to the use of such information or content. Said permission is transferable by CrewID to an acquirer in connection with a business or asset sale. When visiting the Site or sending e-mails to CrewID, Customer is communicating with CrewID electronically, and by doing so, consents to receive communications from CrewID electronically. CrewID may communicate with Customer by email or by other means. Customer agrees that all agreements, notices, disclosures and other communications that CrewID provides to Customer electronically satisfy any legal requirement that such communications be in writing. Customer agrees that CrewID may also disclose Customer’s crew member personally identifiable information as is necessary to: (a) comply with a subpoena or court order; (b) cooperate with law enforcement or other government agency; (c) establish or exercise our legal rights; (d) protect the property or safety of CrewID and employees, contractors, vendors, and suppliers; (e) defend against legal claims; (f) help with internal and external investigations; or (g) as otherwise required by law or permitted by law. CrewID reserves the right to disclose such personally identifiable Information to its successors-in-interest or in connection with a merger or acquisition transaction, or change of control. Customer further irrevocably consents to CrewID’s recording of any voice communications between Customer and CrewID. Customer accepts and agrees to the additional terms provided in CrewID’s Privacy Policy posted on the Site at http://info.natacs.aero/privacy.
5. Termination. Either party may choose to terminate Customer’s use of the Services for any reason by providing ten (10) days’ advance written notification. CrewID may also terminate Customer’s use of the Services or suspend same at any time with or without advance written notice, with or without cause, and its total aggregate liability, if any, with respect thereto, shall not exceed the amount of any fees paid to CrewID in advance for Services not yet provided as of the effective date of termination. Termination of Customer’s use of the Services does not relieve either party of the responsibilities and obligations outlined herein and in all exhibits and attachments for any and all activity occurring prior to termination. Upon termination of Customer’s use of the Services, all CrewID badges issued to Customer will be deactivated and shall be returned by Customer to CrewID, all rights granted to Customer hereunder will become null and void, Customer shall have no further right to access or use the Services, and CrewID shall have no further duties or responsibilities to Customer with respect to the Services.
6. Negation of Liability/Warranty; Indemnification.
A. Negation of Liability. CrewID and its affiliates and their respective officers, directors, managers, employees, contractors or other representatives shall not be liable to Customer, the Customer Program Administrator or Customer’s crew members or any person claiming through them or to any third party receiving badge validation data for any loss, injury or other damages arising out of or caused in whole or in part by CrewID or any of its affiliates or other third parties relating to the Services, the CrewID badges or these Terms. Customer acknowledges that every business decision involves the assumption of risk, and neither CrewID nor third parties assume that risk in any manner. If notwithstanding the foregoing, liability can be imposed on CrewID or a third party, then Customer agrees that CrewID and/or third parties aggregate liability for any and all losses or injuries to customer arising out of any act or omission of CrewID and/or third parties in connection with anything to be done or furnished under these Terms, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the equitable or legal right claimed to have been violated, shall never exceed all fees paid by Customer for specific Services performed to which the claims relate during the previous three (3) months. IN NO EVENT WILL CREWID BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES IN CONNECTION WITH THE SERVICES OR CREWID BADGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer will use reasonable efforts to mitigate any potential damages or other adverse consequences arising from or related to the Services.
B. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CREWID BADGES AND THE SERVICES ARE PROVIDED “AS-IS” WITH NO WARRANTIES AND CREWID EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERRUPTION OF SERVICES, AND FREEDOM FROM ERRORS WITH RESPECT TO THE SERVICES OR CREWID BADGES.
C. Indemnification. Customer shall be solely responsible for, and shall indemnify, defend and hold CrewID and its affiliates and their respective officers, directors, employees, contractors, agents and other representatives harmless with respect to any claim, loss, expense or damages (including, without limitation, any fines, penalties or other sanctions issued by government agencies or other third parties) or other liability of any kind suffered or incurred by any of them as a result of: (i) Customer’s or its personnel’s breach or violation of any representation, warranty or obligation contained in these Terms, (ii) any violation of any applicable laws, regulations or other legal requirements by Customer or its personnel, (iii) any violation of any contractual requirements Customer may have with third parties, (iv) any misrepresentation, fraud or other illegal conduct with respect to ordering or use of any CrewID badges, (v) Customer’s or its personnel’s use of this Site, the Services, CrewID badges, or any other act or omission by Customer or its personnel, (vi) any products or services provided by third parties or any discounts obtained using CrewID badges, (vii) the availability or unavailability of this Site, the Services, CrewID badges, any products or services provided by third parties or any discounts obtained using the CrewID badges, or (viii) any information provided on or via this Site. You agree to release and hold CrewID harmless from any claims relating to any action taken by CrewID as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred. Customer acknowledges and agrees that the foregoing limitations of liability and indemnification obligations are essential terms required for CrewID to provide CrewID badges and perform the Services and shall apply regardless of any alleged negligence by CrewID, and Customer unequivocally agrees to these terms as a material inducement for CrewID to enter into this Agreement.
7. Waiver and Amendment. The failure of CrewID to enforce at any time, or from time to time, any provisions of these Terms shall not be construed as a waiver thereof. These Terms may be amended by CrewID at any time by posting the amended Terms on the Site, and such amended Terms shall become effective upon such posting and shall supercede all prior versions of the Terms. No waiver by CrewID is valid unless given in writing signed by an authorized officer of CrewID.
8. Validity of Terms. If any term or provision of these Terms shall be held to be void, illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms, the validity of the remaining portions or provisions of these Terms shall not be affected thereby.
9. Governing Law; Arbitration; Class Action Waiver; Jurisdiction and Venue.
A. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and entirely performed within Florida, without resort to its conflict of law provisions or any other rule or interpretation that would result in the application of the laws of another jurisdiction.
B. Arbitration. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. YOU UNDERSTAND THAT YOU HAVE THE RIGHT TO OPT OUT OF THE ARBITRATION TERMS PROVIDED BELOW IN ACCORDANCE WITH THE OPT OUT SECTION BELOW.
The parties agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
The term “Dispute” means any dispute, claim or controversy between Customer and CrewID or CrewID’s officers, directors, employees or agents, that arises out of these Terms, CrewID badges or the use of the Services, regardless of legal theory, and includes claims that accrued before the date Customer agreed to these Terms as well as claims relating to the interpretation, validity, enforcement or scope of this agreement to arbitrate disputes contained in this section. The term “Dispute” is to be interpreted in the broadest sense allowed by law. The only disputes excluded from this broad provision are intellectual property claims and claims by CrewID for injunctive or other equitable relief as provided below.
Customer agrees to resolve any and all disputes as follows:
(i) Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration or litigation. You can reach us by email at info@crewid.aero or by regular mail at NATA Compliance Services, LLC, 9400 Gateway Drive, Suite D, Reno, NV 89521. Except for intellectual property claims and claims by us seeking injunctive or other equitable relief requiring immediate action, the parties agree to use their best efforts to resolve all disputes in good faith negotiations between them, which both agree is a precondition to either initiating an arbitration or lawsuit.
(ii) Binding Arbitration. Unless you opt out of arbitration in accordance with the terms provided above, if we cannot resolve the Dispute with you within thirty (30) days of when we start informal Dispute resolution, then you and we agree that the Dispute shall be resolved exclusively by binding arbitration which may be begun by either you or us. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules then in effect except as modified by these Terms, and excluding any rules or procedures governing or permitting class or representative actions. Said rules are posted at https://adr.org/sites/default/files/Commercial%20Rules.pdf. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all such disputes and has the power to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
(iii) Opt-Out of Arbitration. You may opt out of the binding arbitration described in this section by sending us written notice that you are opting out of binding arbitration (an “Arbitration Opt-Out Notice”) by email at info@crewid.aero or regular mail at NATA Compliance Services, LLC, 9400 Gateway Drive, Suite D, Reno, NV 89521 within thirty (30) days following the date you first agree to these Terms. If you don’t provide us with an Arbitration Opt-Out Notice within such thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions noted in the “Exceptions” section below. Any Arbitration Opt-Out Notice received after such thirty (30) day period shall not be valid or enforceable.
In the event that you provide to us a timely Arbitration Opt-Out Notice or the arbitration terms of these Terms are held not to be applicable, then you and we agree that the exclusive jurisdiction and venue for any Dispute will be the state and/or federal courts located in Martin County, Florida, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. In such event, you and we further waive the right to a jury trial.
(iv) Starting an Arbitration. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.adr.org); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to the American Arbitration Association (see www.adr.org for the applicable address, or for online filing); and (c) send one copy of the Demand for Arbitration to us at NATA Compliance Services, LLC, 9400 Gateway Drive, Suite D, Reno, NV 89521 and a copy by email to info@crewid.aero.
You and we each understand that, absent the arbitration provision in this section, each has the right to sue in court and have a jury trial. You also acknowledge that unless you opt out of arbitration in accordance with the opt-out terms provided above, you are giving up the right to a jury trial and understand that the costs of arbitration and right to pre-trial discovery is more limited than many courts permit. The parties will either select one mutually acceptable arbitrator or, if the parties do not agree to a single arbitrator, each party shall select one arbitrator and the two arbitrators selected by the parties shall select a third arbitrator, and the arbitration shall be held before the three arbitrators, and shall be decided by vote of the three arbitrators with a vote of the majority of the arbitrators required for a decision. UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OR THE SERVICES AND ANY OTHER CLAIM OR DISPUTE BETWEEN YOU AND US, EXCEPT FOR THE EXCEPTIONS SPECIFIED BELOW WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS PROVIDED HEREIN. UNLESS YOU PROVIDE AN ARBITRATION OPT-OUT NOTICE TO US IN ACCORDANCE WITH THE OPT-OUT TERMS PROVIDED ABOVE, YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING THE RIGHT TO LITIGATE CLAIMS (OTHER THAN THOSE NOTED IN THE EXCEPTIONS BELOW) THROUGH A COURT BEFORE A JUDGE OR JURY. THE PARTIES HEREBY KNOWINGLY AND VOLUNTARILY WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY ANY PARTY.
(v) Location of Arbitration. You and we both agree that arbitration between us and you shall take place in Martin County, Florida.
(vi) Class Action Waiver. You and we agree that any and all arbitrations shall be conducted in their individual capacities only and not as a class action or other representative action, and you and we expressly waive the right to file a class action or seek relief on a class basis or any other representative basis. Unless consented to in writing by all parties to the arbitration, no party to the arbitration may join, consolidate, or otherwise bring claims for or on behalf of two or more individuals or unrelated corporate entities in the same arbitration unless those persons are parties to a single transaction. Unless consented to in writing by all parties to the arbitration, an award in arbitration shall determine the rights and obligations of such parties only, and only with respect to the claims in arbitration, and shall not (a) determine the rights, obligations, or interests of anyone other than all parties to the arbitration, or resolve any Dispute of anyone other than any such party; nor (b) make an award for the benefit of, or against, anyone other than any such party. No administrator or arbitrator shall have the power or authority to waive, modify, or fail to enforce this specific paragraph, and any attempt to do so, whether by rule, policy, arbitration decision or otherwise, shall be invalid and unenforceable. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EVEN IF THE DISPUTE OR DISPUTES THAT ARE THE SUBJECT OF THE ARBITRATION HAD PREVIOUSLY BEEN ASSERTED (OR COULD HAVE BEEN ASSERTED) IN A COURT AS CLASS REPRESENTATIVE, OR COLLECTIVE ACTIONS IN A COURT.
If any court or arbitrator determines that the arbitration, jury trial waiver or class action waiver provisions of these Terms are void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(vii) Exception: Litigation of Intellectual Property Claims and Claims By Us Seeking Injunctive or Other Equitable Relief. We may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property, and claims for injunctive or other equitable relief in the state or federal courts located in Martin County, Florida, and you consent to such venue and personal jurisdiction therein for any such proceedings and waive any claim, argument or defense that such courts constitute an improper or inconvenient venue for such proceedings.
10. Survival. The provisions of Sections 4-14 of these Terms will survive termination of the Services and/or our engagement hereunder.
11. Notices. Whenever any notice is required or authorized to be given hereunder, it shall be sent via email to info@crewid.aero if sent by Customer, or shall be sent by email or shall be posted on the Site or other applicable CrewID website, if sent by CrewID.
12. Exhibits. Any exhibits, schedules or other documents referred to herein are included as part of these Terms and are incorporated herein. These Terms and the exhibits, schedules, together with all attachments hereto/thereto, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof.
13. Force Majeure. CrewID shall not be liable for any delay or failure in the performance under these Terms or the provision of CrewID badges or the Services or any other obligation directly or indirectly due to any cause beyond our reasonable control, including act of war, acts of God, earthquake, storms or other weather or natural events, embargoes, riots, protests, vandalism, looting, civil unrest, sabotage, terrorism, epidemics, pandemics, other health crisis, labor shortages or disputes or other market or business disturbances, systemic electrical, telecommunications network issues, or other utility failures, governmental acts omissions, orders or restrictions, failure of the Internet, security breaches, viruses, ransomware or other attacks. In case of errors or lost data caused by power failure, mechanical difficulties with information storage and retrieval systems, or other events not attributable to its own negligence or willful misconduct, CrewID’s sole obligation will be to use its reasonable efforts to correct same if and as reasonably practicable.
14. Miscellaneous. Customer shall not use CrewID’s names or marks without CrewID’s prior written consent. The security of transmissions over the Internet cannot be guaranteed. CrewID is not responsible for (i) Customer’s access to the Internet, (ii) interception or interruption of communications through the Internet, or (iii) changes to or losses of data. In order to protect Customer’s data, CrewID may suspend Customer’s use of the Services immediately, without notice, pending an investigation, if any breach of security is suspected. Within ten (10) days following CrewID’s request, Customer shall make available to CrewID for audit such records as CrewID deems necessary under any audit requirements of governmental data sources and consumer reporting agencies for which CrewID is a reseller, and to review Customer’s compliance with all applicable laws and regulations relating to the Services being provided to Customer. As used herein, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity. For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists.
Changes and Updates to these Terms
We reserve the right to modify these Terms at any time, so please review it frequently. Access and/or use of the Site following any modifications to these Terms constitutes your agreement to follow and be bound by these Terms as changed.
Date Last Modified: These Terms were last modified on June 14, 2021.
Contact Information:
Email: info@crewid.aero
Address: 9400 Gateway Drive, Suite D, Reno, NV 89521
Phone: +1.202.558.6444
Please contact Company with any questions or comments about these Terms and Conditions of Use by emailing info@crewid.aero.
BY MY ACT OF ACCESSING, USING AND/OR SUBMITTING INFORMATION TO THIS WEBSITE, I ACCEPT ALL OF THE FOREGOING TERMS.
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