1. KROW TERMS OF USE
The following Terms of Use (“Terms”) constitute a binding legal agreement between you, on the one hand, and KROW, Inc., on the other hand. These Terms govern your access to and use of any KROW website, mobile applications (each, an “Application”), content, products, and related services (collectively, the “KROW Platform”).
READ THESE TERMS CAREFULLY AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND KROW. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT. BY ENTERING INTO THE TERMS, AND/OR BY ACCESSING OR USING THE KROW PLATFORM, YOU EXPRESSLY CONFIRM THAT YOU UNDERSTAND THE TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE KROW PLATFORM.
2. Right to Modify Terms
PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO CHANGE BY KROW IN ITS SOLE DISCRETION AT ANY TIME. KROW reserves the right to modify these Terms, and such modifications shall be binding on you upon your acceptance of the modified Terms. Continued use of the KROW Platform to arrange for and/or provide “casual work” (defined below) after any such modifications shall constitute your consent to such modifications. KROW also reserves the right to modify any information contained in any pages incorporated herein by reference or any information referenced, and such modifications shall become effective upon posting.
3. The KROW Platform
Generally, KROW is a marketplace platform which enables Users to connect and arrange for casual work to be completed by teenagers (ages 13-19). “Hirers” are individuals seeking to obtain casual work from “Teen Service Providers” and are therefore clients of “Teen Service Providers” and “Teen Service Providers” are individuals (ages 13-19) seeking to perform casual work services for Hirers. Hirers and Teen Service Providers together are hereinafter referred to as “Users.”
TEEN SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF HIRERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF KROW. KROW DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. USERS HEREBY ACKNOWLEDGE THAT KROW DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A TEEN SERVICE PROVIDERS WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE CASUAL WORK PERFORMED IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The KROW Platform only enables connections between Users for the fulfillment of “Casual Work.” As stated in (RSA 276-A:4,II(b), “Casual Work” is defined as employment which is infrequent or of brief duration or productive of little or sporadic income or not commonly held to establish an employer-employee relationship.
KROW is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of casual work, Teen Service Providers, Hireres, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. KROW makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the requested services or services provided by, or the communications of or between Users identified through the KROW Platform, whether in public, private, or offline interactions or otherwise however.
4. Requirements for Use of the KROW Platform
In order to use the KROW Platform, you warrant your understanding and agreement to all of the following requirements:
a. By using KROW, you represent, acknowledge, and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using KROW with consent of your parent or legal guardian and that you have received your parent or legal guardian’s permission to use KROW and agree to its Terms of Use. If you are a parent or legal guardian of a minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold KROW harmless if the minor breaches any of these Terms. If you are not at least 13 years old, you may not use KROW at any time or in any manner or submit any information to the company or the KROW site.
b. You must create an account on our website. You agree not to create more than one account as a Teen Service Provider and/or as a Hirer. You must not use a false identity or provide any false information to create your account. You shall have no ownership or other property interest in your account.
c. You must safeguard your username and password information. You may not share this information with anyone else and are responsible for all activity under your account.
d. You agree to provide and maintain true, accurate, current and complete information about yourself at all times that you use the Platform and as may be required by KROW.
e. KROW reserves the right to remove or reclaim any usernames at any time and for any reason.
f. You must provide all equipment and software necessary to connect to the KROW Platform, including but not limited to, an electronic device that is suitable to connect with and use the Platform. You are solely responsible for any expenses or fees, including Internet connection or mobile fees that you incur when accessing the Platform.
g. You must treat all technical, financial, strategic and other proprietary and confidential information relating to KROW’s business and operations, including profile information about Teen Service Providers and Hirers. You may only use Confidential Information for the purpose of fulfilling your Services as a Teen Service Provider and/or as reasonably necessary to participate in the Casual Work you arrange for, using the KROW Platform. Furthermore, any Confidential Information is provided to you solely for purposes of carrying out the Casual Work and you agree not to disseminate, distribute, disclose, or otherwise share any Confidential Information. In the event of any improper disclosure, you agree to notify KROW within 24 hours of such disclosure. Any improper disclosure is a violation of KROW’s Terms of Use that may result in deactivation.
5. User Vetting
In KROW’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the KROW Platform, including but not limited to a verification of identity, using third party services as appropriate (“Identity Checks”). KROW cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the KROW Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. KROW will not be liable for any false or misleading statements made by Users of the KROW Platform.
NEITHER KROW NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “KROW AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE KROW PLATFORM AND YOU HEREBY RELEASE KROW AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE KROW PLATFORM.
6. Communication from KROW
By entering into these Terms or using the Platform, you agree to receive communications from KROW, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automated telephone dialing systems. Communications from KROW may include but are not limited to: improving or using the Platform, operational communications concerning your account or the Casual Work you provide or receive, updates concerning new and existing features relating to the Platform, communications concerning promotions run by us or our third-party partners, and news concerning KROW and industry developments. We do not charge for this feature. However, any standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY REPLY “STOP” TO A KROW TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE SERVICES OR THE SERVICES.IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM KROW (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN REPLY “STOPALL” TO A KROW TEXT MESSAGE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT BY OPTING OUT OF RECEIVING ALL CALLS OR TEXTS YOU WILL NO LONGER BE ABLE TO USE THE SERVICES, AS SUCH COMMUNICATIONS ARE NECESSARY FOR PROVIDING THE SERVICES. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO EFFECTIVE TRANSMISSION FROM YOUR MOBILE SERVICE OPERATOR.
7. Intellectual Property Rights
a. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Platform is owned by KROW, excluding User Generated Content, which Users hereby grant KROW a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. KROW owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the KROW Platform without KROW’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of KROW and, if applicable, the holder of the rights to the User Generated Content.
b. The rights granted to you by these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the KROW Platform or any portion of the KROW Platform; (ii) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other aspect of the KROW Platform, including without limitation any portion of the KROW website; (iii) you shall not use any metatags or other “hidden text” using KROW’s name or trademarks; (iv) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the KROW Platform except to the extent the foregoing restrictions are expressly prohibited by applicable law; (v) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the KROW Platform or website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the KROW Platform or website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (vi) you shall not access the KROW Platform in order to build a similar or competitive website, application or service; (vii) except as expressly stated herein, no part of the KROW Platform may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (viii) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any feature of the KROW Platform. Any future release, update or other addition to the KROW Platform shall be subject to the Terms. KROW, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the KROW Platform terminates the licenses granted by KROW pursuant to the Terms.
c. In the event of any proven breach by you of any provision of this Section, you agree that KROW will be irreparably harmed as a matter of law and will be entitled to immediate injunctive relief against you prohibiting any continued use by you of the KROW Marks.
8. Prohibited Uses
You agree not to use, or direct others to use, the KROW Platform or Services in any manner that is prohibited by these Terms, including any manner that:
a. violates any law, statue, rule, permit, ordinance, or regulation;
b. causes any harm or injury to any person, including Teen Service Providers and Hirers;
c. is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, vulgar, pornographic, obscene, offensive, or profane;
d. discriminates against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or any other characteristic protected by law;
e. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity;
f. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail;
g. involves commercial activities and/or sales without KROW’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
h. impersonates any person or entity, including any employee or representative of KROW, and other Teen Service Providers or Hirers;
i. involves soliciting any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the KROW Platform as set forth herein;
j. involves using the KROW Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
k. attempts to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the KROW Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
l. involves creating an account under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
m. constitutes spamming, including posting the same gig service repeatedly – Spamming is strictly prohibited;
n. interferes with or attempts to interfere with the proper functioning of the KROW Platform, or in any way not expressly permitted by the Terms;
o. attempts to engage in or engages in, any potentially harmful acts that are directed against KROW, including but not limited to violating or attempting to violate any security features of the KROW Platform, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages created or maintained by KROW, introducing viruses, worms, or similar harmful code, or interfering or attempting to interfere with use of the KROW Platform or Services by any other User, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” the KROW Platform.
9. Termination and Suspension
KROW may terminate or limit your right to use the KROW Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If KROW terminates or limits your right to use the KROW Platform, 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. If KROW terminates or limits your right to use the KROW Platform as a Hirer due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use the KROW Platform is terminated or limited, this Agreement will remain enforceable against you. KROW reserves the right to take appropriate legal action.
KROW reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the KROW Platform at its sole discretion. KROW is not liable to you for any modification or discontinuance of all or any portion of the KROW Platform. KROW has the right to restrict anyone from completing registration as a Teen Service Provider or Hirer if KROW believes any such person may threaten the safety and integrity of the KROW Platform, or if, in KROW’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the KROW Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
10. Worker Classification and Withholdings
AS SET FORTH IN SECTION 1, KROW DOES NOT PERFORM CASUAL WORK AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM CASUAL WORK. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORK BASED ON APPLICABLE LEGAL GUIDELINES. IF A HIRER, YOU INDEMNIFY AND HOLD KROW AND AFFILIATES HARMLESS, AND IF A TEEN SERVICE PROVIDER, YOU FULLY AND FINALLY RELEASE KROW AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT WORKERS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF CASUAL WORK OR THE USE OF THE KROW PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF TEEN SERVICE PROVIDERS AND THE TERMINATION OR CESSATION OF ANY CASUAL WORK, THIS AGREEMENT OR THE USE OF THE KROW PLATFORM.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of KROW. Each User acknowledges and agrees that KROW does not, in any way, supervise, scope, direct, control or monitor a Teen Service Provider’s casual work performed in any manner. KROW does not set a Teen Service Provider’s service hours or location of work. KROW will not provide any equipment, tools, labor or materials needed to perform casual work.
The KROW Platform is not an employment agency service or business and KROW is not an employer of any User. As such, KROW is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the KROW Platform. Teen Service Provider’s acknowledge and confirm that they are responsible for exercising their own business judgment in performing casual work and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
11. Feedback
KROW is continually looking to improve its Platform and encourages Users to provide feedback about their experience using the Platform and the Services that Users provide or arrange for through the Application or website. All Users consent to feedback from other Users. Feedback on Teen Service Providers may be shared with Teen Service Providers and may be used for any purpose without attribution, accounting or compensation to you. We de-identify the feedback, but we can’t rule out that a User may be able to identify the individual or entity that provided the feedback.
12. Disclaimer of Warranties
(a) Use Of The KROW Platform Is Entirely At Your Own Risk
THE KROW PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. KROW MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE KROW PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE KROW PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE KROW PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
KROW does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the KROW Platform or any hyperlinked website or featured in any banner or other advertising, and KROW will not be a party to or in any way be responsible for monitoring any transaction between you and 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. Without limiting the foregoing, KROW and Affiliates do not warrant that access to the KROW Platform will be uninterrupted or that the KROW Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the KROW Platform, or as to the timeliness, accuracy, reliability, completeness or content of any casual work, service, information or materials provided through or in connection with the use of the KROW Platform. KROW and Affiliates are not responsible for the conduct, whether online or offline, of any User. KROW and Affiliates do not warrant that the KROW Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. KROW and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Notwithstanding any feature a Hirer may use to expedite KROW selection, each Hirer is responsible for selecting their Teen Service Provider and KROW does not warrant any goods or services purchased by a Hirer and does not recommend any particular Teen Service Provider. KROW does not provide any warranties or guarantees regarding any Teen Service Providers professional accreditation, registration or license.
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
(b) No Liability
You acknowledge and agree that KROW is only willing to provide the KROW Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold KROW and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the KROW Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by KROW and Affiliates and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL KROW AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY KROW, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE KROW PLATFORM OR THE CASUAL WORK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
KROW AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS KROW PLATFORM. KROW AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE KROW PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT KROW AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
(c) Release
THE KROW PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE KROW IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE CASUAL WORK, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE KROW AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
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, 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, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
13. Indemnification
You hereby agree to indemnify, defend, and hold harmless KROW and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the KROW Platform or perform Casual Work, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the KROW Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. KROW reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of KROW.
14. Dispute Resolution – Arbitration & Class Action Waiver (U.S. Users)
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND KROW CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND KROW TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and KROW (each a “Claim” and collectively “Claims”), you and KROW agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. If necessary to preserve a Claim under any applicable statute of limitations, you or KROW may initiate arbitration while engaging in the informal negotiations.
During this pre-arbitration negotiation, 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, in arbitration or other proceeding involving the parties.
15. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
16. General Provisions
Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” in Section 19, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 23 shall be null and void. This Agreement will insure to the benefit of Company, its successors and assigns.
17. Changes to this Agreement and the KROW Platform
Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, and Community Guidelines) and review, improve, modify or discontinue, temporarily or permanently, the KROW Platform or any content or information through the KROW Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the KROW Platform. Your continued use of the KROW Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may also impose limits on certain features or restrict your access to part or all of the KROW Platform without notice or liability.