The Terms are entered into by and between you and CruZen. Please read the Terms carefully before you start to use the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound by and abide by the Terms. If you do not accept the Terms, you must not access or use the Service.
The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with CruZen and meet all eligibility requirements, and you further represent and warrant that you are duly qualified and experienced in providing roadside assistance services, and that you will do so in a diligent, professional and timely manner at all times when using the Service. If you do not meet all such requirements, you must not access or use the Service.
These Terms OF USE FOR INDEPENDENT CONTRACTORS include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than jury trials.
In order to be eligible to use the Service and provide services to Users as an independent contractor (an “Independent Contractor’), you must demonstrate to CruZen that you meet CruZen’s eligibility requirements, as in effect from time to time, which include, at a minimum, being 18 years of age or older, being a lawful resident of the United States, and passing a criminal background check, in each case as determined by CruZen in its sole discretion.
To undergo a background check, you must provide your consent and a valid social security number. Background check are then run by a third-party company. Background check are typically completed within a few days but may take several weeks or longer to process.
CruZen views and assesses background check results to determine your eligibility as an Independent Contractor. You may be ineligible to be an Independent Contractor if your background check results reveal any disqualifying offense, as determined by CruZen at any time in its sole discretion. CruZen may change its determination and/or require additional background checks at any time. If you believe your background check is inaccurate or incomplete, you can dispute the results with CruZen by emailing us at support@cruzenapp.com with relevant information, and CruZen’s resolution to any such dispute will be final.
We reserve the right to withdraw or amend the Service, and any services or materials we provide on or through the Service, at any time in our sole discretion with or without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to portions of the Service, or the entire Service, to some or all users. We have no obligation to provide you with any technical support in connection with your use or attempted use of the Service.
To access the Service or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with the Service or otherwise, including but not limited to through the use of any interactive features of the Service, is governed by our Privacy Policy and you consent to all actions we take with respect to your information that are not inconsistent with our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as strictly confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of the Service using your account or security information. You agree to notify us immediately upon becoming aware of any unauthorized access to or use of your account or any other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
We have the right to reassign and/or disable any account or security information, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you may have violated any provision of the Terms.
You are entitled to compensation for the services you perform for our users (“Users”) via the Service, as provided in these Terms of Use for Independent Contractors (the “Compensation”). The Compensation amounts offered to you from time to time are personal to you. The Compensation amounts may vary based on factors such as the market where you provide services, the date you applied or became approved as an Independent Contractor, and the type of service(s) you are providing. The rates from the market in which you perform the services will apply to those services. In some situations where a User cancels a service request that you have accepted, you may earn a cancellation fee. Your Compensation amounts may not be set or available to you until you are an approved Independent Contractor, and you agree CruZen makes no representation or warranties concerning such amounts. Your Compensation amounts are subject to change from time to time in CruZen’s discretion. By continuing to use the Service, you are deemed to have accepted these changes.
CruZen will collect payments owed to you by Users as your limited payment collection agent and you agree that the receipt of such payments by CruZen satisfies the User’s payment obligation to you. CruZen reserves the right to adjust or withhold all or a portion of the Compensation or other payment owed to you (except tips and except where prohibited by law or contract) (a) if we believe that you have attempted to defraud or abuse Users, CruZen, or CruZen’s payment systems or providers, or (b) in order to resolve a User complaint (e.g., you failed to properly perform the applicable services). CruZen’s decision to adjust or withhold the Compensation or other payment in any way shall be exercised in a reasonable manner. We will use reasonable efforts to ensure that your Compensation and any other payments to you will be paid to you on at least a monthly basis. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that we are required to withhold by law.
The Service and its entire contents, features and functionality (including but not limited to all information, software (including any source code and object code), text, displays, images, video, and audio, and the design, selection, and arrangement thereof, but excluding User Contributions), are owned by CruZen, its affiliates, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights law, as applicable.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Service, except as follows:
You must not:
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Service in breach of the Terms, your right to use the Service will cease immediately and you must, at our option, immediately return or securely destroy any copies of the materials you have made. No right, title, or interest in or to the Service or any content on the Service is transferred to you, and all rights not expressly granted are reserved by CruZen. Any use of the Service not expressly permitted by the Terms is a breach of the Terms and may violate copyright, trademark and other laws.
You may use the Service only for lawful purposes and in accordance with the Terms. You agree not to use the Service:
Additionally, you agree not to:
The Service may contain personal profiles and other interactive features (collectively, “Interactive Services”) that allow Independent Contractors and Users to provide and share content or materials (collectively, “User Contributions”) on or through the Service.
All User Contributions must comply with the Content Standards set out below in the Terms under the heading, “Content Standards.”
Any User Contribution you provide using the Service that is not personal information will be considered non-confidential and non-proprietary, unless otherwise specifically noted by us. Any User Contribution you provide using the Service that is personal information will be subject to our Privacy Policy. By providing any User Contributions on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material in order to provide the Service to you.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not CruZen, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions provided by you or any user of the Service. You should exercise common sense and your best judgment when providing User Contributions using the Service, including when you provide any personal information.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any governmental authorities (e.g., law enforcement) or court order requesting or directing us to disclose the identity or other information of anyone providing any information or materials on or through the Service. YOU WAIVE AND HOLD HARMLESS CRUZEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS RESULTING FROM ANY AND ALL ACTIONS TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM AND AGAINST ANY AND ALL ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR GOVERNMENTAL AUTHORITIES.
We may not review all material before it is transmitted through the Service, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, including any User Contributions. We have no liability or responsibility to anyone for our performance or nonperformance of the activities described in this section.
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service or by anyone who may be informed of any of its contents.
The Service may include content provided by third parties. All statements and/or opinions expressed in these materials, and other content, other than content provided by CruZen, are solely the opinions and responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of CruZen. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
The Service is a virtual marketplace that helps Independent Contractors, who are independent third-party service providers, find, coordinate, and provide roadside assistance services to Users in areas where we provide the Service. CruZen is not a provider or recipient of the underlying services provided by Independent Contractors or received by Users, and Independent Contractors and Users operate independently of us. We are not liable or responsible for the acts or omissions of any Independent Contractors or Users, and we do not verify Independent Contractors’ or Users’ compliance with laws. Furthermore, we do not guarantee the services provided by Independent Contractors or that Independent Contractors will receive any volume of offers to provide services to Users. You understand and agree that while we may take certain steps to attempt to independently verify representations made by Independent Contractors and Users, we have no obligation to do so and are not liable for any such representations, including, without limitation, any descriptions, disclosures, photographs, or videos displayed on the Service.
All personal information we collect through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to any personal information that you provide through the Service in compliance with our Privacy Policy. You hereby consent to receiving communications in any form from CruZen and Users in connection with the Service, including but not limited to the following: mail, in-app push notifications, electronic mail, telephone (landline or wireless) and text message (e.g., SMS and/or MMS communications). Furthermore, you hereby consent to receiving calls or text messages from CruZen and/or Users in connection with the Service, including those made to wireless telephone numbers that are automatically dialed and/or include pre-recorded messages.
You understand and agree that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Service for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SERVICE AND ITS CONTENT IS AT YOUR OWN RISK. THE SERVICE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CRUZEN NOR ANY PERSON ASSOCIATED WITH CRUZEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER CRUZEN NOR ANYONE ASSOCIATED WITH CRUZEN REPRESENTS OR WARRANTS THAT THE SERVICE AND ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICE OR ITEMS OR SERVICES OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CRUZEN IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, INCLUDING USERS OF THE SERVICE AND INDEPENDENT CONTRACTORS SOURCED THROUGH THE SERVICE, AND YOU HEREBY RELEASE CRUZEN, its affiliates, licensors and service providers, and its and their respective officers, directors, MEMBERS, MANAGERS, employees, contractors, agents, licensors, suppliers, successors, and assigns from any claims or damages, known or unknown, arising out of or in any way related to any claim you have against any third party, INCLUDING ANY USER. CRUZEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
All matters relating to the Service and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction).
Subject to the provisions regarding arbitration below, if a lawsuit or court proceeding is permitted under the Terms, then the parties agree to submit to the exclusive jurisdiction of the federal or state courts located in Philadelphia, Pennsylvania for such purpose. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At our sole discretion, we may require you to submit any disputes arising from OR RELATED TO thE Terms OR THE SERVICE, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying PENNSYLVANIA law and taking place in PHILADELPHIA, PENNSYLVANIA.
Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between CRUZEN and you in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, you hereby waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
All claims and disputes within the scope of these Terms must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other INDEPENDENT CONTRACTOR OR user.