Terms of Use

Last modified June 2023 

Please carefully read these terms and conditions of use (“Terms of Use”) as they govern your access to and use of Bluecrew, Inc.’s (“Bluecrew,” “we,” “us,” and “our”) Platform. These Terms of Use apply to all visitors to our Website and contain additional terms and conditions for employers who use our services (“Workplaces”) and temporary workers (“Crew Members”). Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the following: 

• https://www.bluecrewjobs.com/ and https://cm.bluecrewjobs.com/home  (our “Website(s)”); 
• Bluecrew Crew Member App and Bluecrew Work Place App (our “Apps”); and 

• The services (“Services”) made available through our Website and/or App. 

The business support services, our Website, and Apps are collectively referred to as our “Platform.” 

By clicking “Accept,” you acknowledge that you have read in its entirety, understand, and fully accept all terms and conditions contained in these Terms of Use and our Privacy Policy. If you do not agree to be bound by these Terms of Use and our Privacy Policy, you are not authorized to access or use our Platform and/or the Services, please PROMPTLY EXIT THIS WEBSITE. 

Binding Arbitration.  These Terms of Use provide that all disputes between you and Bluecrew that in any way relate to these Terms of Use or your use of the Platform will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Bluecrew. 

1. Ownership of the Platform 

All pages, features and content within this Platform and any material made available for download are the property of Bluecrew, or its licensors or suppliers, as applicable. The Platform is protected by United States and international copyright and trademark laws. The contents of the Platform, including without limitation all data, files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Platform (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms of Use or otherwise approved in writing by Bluecrew. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, Content or other proprietary information (including images, text, page layout, or form) of Bluecrew without our express written consent. 

2. Copyright 

DMCA Notification and Requirements 

If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Platform that is infringing and that you would like removed from our Platform, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions in this section. 

We are committed to complying with U.S. copyright and related intellectual property laws. Our policy is to respond to notices of alleged infringement that comply with the DMCA. It is our policy to remove and discontinue service to repeat offenders. If you believe your copyrighted work has been copied and is accessible on the Platform in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in accordance with the requirements of the DMCA: 

• The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf. 
• A description of the copyrighted work that you claim has been infringed and a description of the infringing activity. 
• Identification of the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the website where it is posted or the name of the book in which it has been published). 
• Identification of the URL or other specific location on the Platform where the material you claim is infringing is located, providing enough information to allow us to locate the material. 
• Your name, address, telephone number, and email address so that we may contact you. 

• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf. 

Our agent for notice of claims of copyright infringement on the Platform can be reached as follows: 

By mail: Legal Department
2045 W Grand Ave, Ste B, PMB 63708
Chicago, IL 60612-1577 

By email: copyright@bluecrewjobs.com 

The email address above is only for reporting copyright infringement and may not be used for any other purpose. 

If you believe an individual is a repeat infringer, please follow the instructions above to contact our DMCA agent and provide information sufficient for us to verify the individual is a repeat infringer. 

It is often difficult to determine if your copyright has been infringed. Bluecrew may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and Bluecrew may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA. 

DMCA Counter-Notification 

If access on the Platform to a work that you submitted to Bluecrew is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information: 

• a legend or subject line that says: “DMCA Counter-Notification”; 
• a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Platform from which the material was removed or access to it disabled); 
• a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; 
• your full name, address, telephone number, email address, and the username of your account with us (if any); 
• a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and 

• your electronic or physical signature. 

If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Platform. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Bluecrew nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights. 

3. Intellectual Property Rights 

The Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Bluecrew, its licensors, and 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 laws. 

Subject to these Terms of Use, Bluecrew grants you a non-exclusive, non-transferable, limited right to access, use, and view this Platform and the information thereon, including, without limitation, all text, software, scripts, source code, API, files, designs, graphics, drawings, illustrations, images, photographs, video clips, music and sounds, interactive features and/or other materials and all trademarks, service marks and trade names used at this Platform and the selection and arrangements thereof (collectively, the “Platform Content”), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly sell, license, rent, reproduce, download, modify or attempt to modify or create derivative works from the Platform Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Platform Content for any public or commercial purpose, including, without limitation, use of the Platform Content on any other website or in any environment of networked computers, or transfer the Platform Content to any other person without the prior written explicit consent of Bluecrew. Except as expressly provided herein, no license to use or reproduce the Platform Content is given to you and all intellectual-property rights therein are expressly reserved. Systematic retrieval of data or other Platform Content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from Bluecrew is prohibited. 

These Terms of Use permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our Website, except as follows: 

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; 
• You may store files that are automatically cached by your web browser for display enhancement purposes; 
• You may print or download a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication, or distribution; 
• If we provide social media features with certain content, you may take such actions as are enabled by such features. 

You must not: 

• Modify copies of any materials from this site; 
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. 

If you breach these intellectual property rights section or any other portion of these Terms of Use, your right to use the Platform will stop immediately and you must, at our option, return or destroy any infringing copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by Bluecrew. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. 

The Bluecrew name, the Terms of Use, the Bluecrew logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Bluecrew or its affiliates or licensors. You must not use such marks without prior written permission of Bluecrew. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners. 

If you encounter a website or app that you believe violates these Terms of Use, please email legal@bluecrewjobs.com to report such violation. 

4. Access to the Platform, Security and Restrictions; Passwords 

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Platform or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law. 

Except for ADA accessibility purposes, you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Platform, deep-link to any feature or content on the Platform, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Platform (collectively “Automated Action”). The Platform has several accessibility options to enable use of our Platform for everyone regardless of their circumstances. In the event our ADA accessibility options are not sufficient and your particular circumstances require using Automated Action on the Platform, please contact us through email at compliance@bluecrewjobs.com for an accommodation.  

Violations of system or network security may result in civil or criminal liability. Bluecrew will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any activity being conducted on the Platform. 

In the event access to the Platform or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by Bluecrew. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID. Your access to the Platform may be revoked by Bluecrew at any time with or without cause. You agree to defend, indemnify and hold Bluecrew harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Bluecrew arising out of your breach of these Terms of Use or violation of applicable law, your use or access of the Platform, or access by anyone accessing the Platform using your user ID and password. 

5. License to use our App 

Bluecrew grants to you a nontransferable license to use the App on devices that you own or control. Bluecrew reserves all rights in and to the App not expressly granted to you under this Agreement. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Bluecrew that replace or supplement the original App, unless such upgrade is accompanied by a new or revised Agreement. Without our prior written permission, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your device to a third party, you must remove the App from the device before doing so. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). 

6. Limitations on App License.  The license to use our App is restricted as follows: 

• a. Limitations on Copying and Distribution.  You may not copy or distribute the App except to the extent that copying is necessary to use the App for purposes set forth herein. ‍
• b. Limitations on Reverse Engineering and Modification.  You may not reverse engineer, decompile, disassemble, modify or create works derivative of the App, except to the extent expressly permitted by applicable law. ‍
• c. Sublicense, Rental and Third Party Use.  You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the App, or directly or indirectly permit any third party to copy and install the App on a device not owned and controlled by you. ‍
• d. Proprietary Notices.  You may not remove any proprietary notices (e.g., copyright and trademark notices) from the App or its documentation. ‍
• e. Use in Accordance with Documentation.  All use of the App must be in accordance with its then current documentation, if any, provided with the App or made available on Bluecrew’s website. ‍
• f. Confidentiality.  You must hold the App and any related documentation in strict confidence for your own use only. ‍
• g. Compliance with Applicable Law. You are solely responsible for ensuring your use of the App is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations. 

7. Account Set-Up and User Information. 

You agree to: (a) provide true, accurate, current, and complete information when registering to use the Site and establishing your account, and all other or additional information you input or load into the Platform in connection with your use of the Platform (collectively “User Information”) and (b) maintain and promptly update the User Information to keep it true, accurate, current, and complete. If you provide any User Information that is untrue, inaccurate, not current, or incomplete, or Bluecrew has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Bluecrew suspend or terminate your account. You are entirely responsible for maintaining the confidentiality of any passwords and any usage and activities that occur in connection with your account. You agree not to allow others to access your account or utilize your password.  Doing so will compromise the security of your account. 

8. Additional Terms for Crew Members (Hiring and Onboarding) 

In addition to the other terms and conditions in these Terms of Use, Crew Members are subject to and must comply with these additional terms and conditions: 

• Instant Hire. The “Instant Hire” terminology on many Bluecrew job postings is subject to being qualified for the position, including but not limited to you passing a background check and/or work authorization, and the position still being available. 
• Shift Schedule. When you select a shift through the Platform, you may have a reserved spot, but you are not officially scheduled for that shift. You must confirm your shift through the App between 48-26 hours before the start of your shift to be officially scheduled. You may receive SMS and/or notifications prompting you to confirm your shift. We reserve the right to remove you from your shift(s) at any time without or without notice. 
• Employee Handbook. You must review and comply with the Bluecrew Employee Handbook, which can be found here.  
• Pay Dispute. In the event of a pay or time dispute, we will pay you for the undisputed amount. We will investigate the dispute and if your dispute is successful, we will pay you the rest on your next pay date. 
• Compliance with Local Laws. You may have rights under, and be subject to, certain applicable federal, state and local laws. Our required workplace posters for your locality  can be found here.  If you believe that you have been subject to behavior that is inconsistent with or violates state, federal or local laws, such as discrimination or harassment, you must immediately report it to Bluecrew support. 

9. Additional Terms for Workplace / Employers  

In addition to the other terms and conditions in these Terms of Use, Workplace / Employers are subject to and must comply with these additional terms and conditions: 

• Show Up/Cancellation Pay. If a Workplace cancels a shift either (a) after the Crew Member confirms the shift, or (b) with less than 24 hours’ notice, the Workplace will be liable for paying Bluecrew the equivalent of one half of the hours the Crew Member was scheduled for, up to a minimum of 2 hours, at the previously agreed upon rate. 
• Time Approvals. Time entries will be posted to and available on the Workplace portal. The Workplace is responsible for the timely review of all time entries posted to the Workplace portal.  The Workplace has 48 hours to approve time entries or they will be deemed accepted and approved by the Workplace. The Workplace will be responsible for paying for all approved time entries. 
• Compliance With All Laws. The Workplace shall comply with all applicable State, local, and Federal laws. The Workplace shall not discriminate against, harass, or otherwise disparage any assigned Crew Members.   

10. Online Services Associated with the Site. 

The Site may be used to access certain online services.  In some cases, you will not receive a separate notice when the Site connects to those services.  Using the Site constitutes your consent to the transmission of standard device information (including, but not limited to, technical information about your device, system, and application software) to those services.  Your use of those services may be governed by additional terms and conditions.  Using the online services will constitute your acceptance of and agreement to be bound by those additional terms and conditions, if any.  You may not use any online services in any way that could harm those services, disrupt their operation, or impair any other user’s use of those services or the wireless network through which they are accessed.  You may not use the online services to gain unauthorized access to or use of any service, data, account, or network by any means. 

11. Location-Enabled Features.  Certain location-enabled functionality made available through our Platform is provided by Google Inc., Apple Inc., and other third party providers.  Your use of that functionality may be subject to additional terms and conditions (as updated from time-to-time). You must exercise your own judgment as to the adequacy and appropriateness of the information.  All location-based information is provided entirely “as-is,” without warranties of any kind. 

12. Support for Site and Platform; Functionality.  All questions and requests relating to support of the Platform must be directed to Bluecrew.  The Third Parties, as defined in Section 16, are not responsible for providing support for the Platform and may not be contacted for support.  We may change or remove functionality and other features of the Platform at any time, without notice. 

13. Modified Devices and Operating Systems.  Bluecrew will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”).  Use of the App on Modified Devices will be at your sole and exclusive risk and liability. 

14. Accuracy and Integrity of Information 

Although Bluecrew attempts to ensure the integrity and accuracy of the Platform, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of the Platform and Content thereon. It is possible that the Platform could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Platform by third parties. In the event that an inaccuracy arises, please inform Bluecrew so that it can be corrected. Bluecrew reserves the right to unilaterally correct any inaccuracies on the Platform without notice. Information contained on the Platform may be changed or updated without notice. Additionally, Bluecrew will have no responsibility or liability for information or Content posted to the Platform from any non-Bluecrew affiliated third party. 

15. Links to Other Sites 

Bluecrew makes no representations whatsoever about any other website that you may access through the Platform. When you access a non-Bluecrew website, please understand that it is independent from Bluecrew, and that Bluecrew has no control over the content on that website. In addition, a link to a non-Bluecrew website does not mean that Bluecrew endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to the Platform, you do this entirely at your own risk. 

16. Disclaimer of Warranties 

BLUECREW DOES NOT WARRANT THAT ACCESS TO OR USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE PLATFORM WILL BE CORRECTED. THESE PLATFORM, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SERVICE RELATED TO THE PLATFORM, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. BLUECREW DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE PLATFORM. 

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE PLATFORM, PLATFORM-RELATED SERVICES, AND LINKED WEBSITES. BLUECREW DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. 

WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY BLUECREW ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES. 

17. Limitation of Liability Regarding Use of the Platform 

BLUECREW AND ANY THIRD PARTIES MENTIONED ON THE PLATFORM ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE PLATFORM, PLATFORM-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE PLATFORM, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, PLATFORM-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE PLATFORM AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF BLUECREW TO YOU WITH RESPECT TO YOUR USE OF THE PLATFORM IS $500 (FIVE HUNDRED DOLLARS). 

18. No Liability of App Stores and Other Third Parties. 

Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement and they do not own and are not responsible for the App.  Bluecrew, and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation.  You are responsible for complying with all application store and other applicable Third Party terms and conditions.  YOU AGREE (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL IN NOT EXCEED FIVE HUNDRED DOLLARS ($500.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT.  THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS.  NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER.  In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim. 

19. Dispute Resolution; Arbitration Agreement. 

We will try work in good faith to resolve any issue you have with the Platform, including products and services ordered or purchased through the Platform, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction. 

You and Bluecrew agree that any dispute, claim or controversy arising out of or relating in any way to these Terms of Use or your use of the Platform, including products and services ordered or purchased through the Platform, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Bluecrew are each waiving the right to a trial by jury or to participate in a class action or collective action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Bluecrew. 

If you desire to assert a claim against Bluecrew, and you therefore elect to seek arbitration, you must first send to Bluecrew, by certified mail, a written notice of your claim ("Notice"). The Notice to Bluecrew should be addressed to: legal@bluecrewjobs.com ("Notice Address"). If Bluecrew desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Bluecrew, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Bluecrew and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bluecrew may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Bluecrew or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Bluecrew and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. 

YOU AND BLUECREW 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. Further, unless both you and Bluecrew agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. 

If this Agreement to Arbitrate provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for {. . .}, Georgia. 

20. Revisions; General 

Bluecrew reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Bluecrew and you pertaining to the subject matter hereof. In its sole discretion, Bluecrew may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Your continued use of the Platform after revisions to these Terms of Use shall constitute your agreement to the revised Terms of Use. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within the Platform. 

21. Contact Us 

If you have any questions, concerns, complaints or suggestions regarding our Terms of Use or otherwise need to contact us, you may contact us at the contact information below or through the Contact Us page on our Platform. 

How to Contact Us: 

          Bluecrew, Inc. 

          2045 W Grand Ave, Ste B, PMB 63708 

          Chicago, Illinois 60612-1577 

          Email: support@bluecrewjobs.com