We may revise and update these User Terms from time to time in our sole discretion. If we make changes, we will notify you by revising the date at the top of these User Terms and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). However, any changes to the dispute resolution provisions set forth in the “Governing Law and Jurisdiction” and “Arbitration; Waiver of Jury Trial; Waiver of Class or Consolidated Actions” sections below will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Service. Your continued use of the Service following the posting of revised User Terms means that you accept and agree to the changes. You are expected to check the User Terms frequently so you are aware of any changes, as they are binding on you.
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.
Certain features of the Service may result in charges (“Charges”) to you for the services or goods you receive from CruZen and/or from the independent third-party service providers that the Service connects you with (“Independent Contractors”) from time to time. Prices displayed to you when purchasing services or goods through the Service may be inclusive of retail prices charged by the Independent Contractor and fees paid to CruZen. CruZen will enable your payment of the applicable Charges for services or goods obtained through your use of the Service. Charges will include applicable taxes where required by law. Charges may increase substantially during times of high demand or due to other factors.
With respect to Independent Contractors, Charges you incur will be owed directly to Independent Contractors, and CruZen will collect payment of those charges from you on the Independent Contractor’s behalf as their limited payment collection agent, and payment of the Charges will be considered the same as payment made directly by you to the Independent Contractor. Payment to an Independent Contractor shall be considered to occur at the moment you submit payment through CruZen. You retain the right to request lower Charges from an Independent Contractor for services or goods received by you from such Independent Contractor at the time you receive such services or goods. An Independent Contractor also retains the right to request higher Charges from you for services or goods provided. For example, an Independent Contractor that may collect lower or higher charges where the actual goods or services provided differ from the goods or services originally requested. This payment structure is intended to fully compensate an Independent Contractor, if applicable, for the services or goods obtained in connection with your use of the Service.
All Charges and payments will be enabled by CruZen using the preferred payment method designated in your account, after which you will receive a receipt. If your primary account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CruZen may use another available payment method in your account.
Payment processing services are provided by a third party payment processor, subject to their terms (the “Payment Processor Terms”). By making payments using the Service, you agree to be bound by the Payment Processor Terms, which may be modified from time to time in the sole discretion of the appliable third party payment processor. You further agree to provide accurate and complete information about you, and authorize CruZen to share it and transaction information with the applicable third party payment processor, for the purposes of facilitating the payment processing services provided by the payment processor in connection with the Service. CruZen reserves the right to switch payment processing vendors or use alternate or backup vendors in its discretion at any time.
As between you and CruZen, CruZen reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Service at any time. CruZen will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your account regardless of your awareness of such Charges or the amounts thereof.
Charges paid by you are final and non-refundable, unless otherwise determined by CruZen and the Independent Contractor assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please visit the “Help” area of your account to initiate such requests within 30 days after the Charge took place or CruZen will have no further responsibility and you waive your right to later dispute the amounts charged.
Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.
Except for amounts provided by you through the Service as part of the “tip” feature, CruZen does not designate any portion of your payment as a tip or gratuity to an Independent Contractor. You understand and agree that, while you are free to provide additional payment as a gratuity to any Independent Contractor who provides you with services or goods obtained through the Service, you are under no obligation to do so.
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:
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.
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 user.