Terms Of Use – CrowdCover

CrowdCover

User Terms of Use

Last updated: November 29, 2024

TABLE OF CONTENTS

ACCEPTANCE OF TERMS OF USE & INTRODUCTION
CHANGES TO THE TERMS OF USE
ACCESSING OUR SERVICES
USE OF THE SERVICES
PROHIBITED USES
USER CONTRIBUTIONS
PRIVACY AND ACCOUNT SECURITY
THIRD PARTY CONTENT, PROMOTIONS, AND ADVERTISERS
INTELLECTUAL PROPERTY RIGHTS
TRADEMARKS
MONITORING, ENFORCEMENT AND TERMINATION
COPYRIGHT INFRINGEMENT-TAKEDOWNS AND DMCA
RELIANCE ON INFORMATION POSTED
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE OR APP
LINKING TO THE WEBSITE OR APP
LINKS FROM THE WEBSITE OR APP
GEOGRAPHIC RESTRICTIONS
DISCLAIMER OF WARRANTIES
LIMITATION ON LIABILITY
EXPORT CONTROL
CONSENT TO RECEIVE TEXT MESSAGES
INDEMNIFICATION
GOVERNING LAW AND JURISDICTION/VENUE
ARBITRATION
WAIVER AND SEVERABILITY
ENTIRE AGREEMENT
YOUR COMMENTS AND CONCERNS

1. Acceptance of the Terms of Use and Introduction

CrowdCover is made available to you through our Website and App and is designed to bring a responsible and fun social sports betting experience to life through your phone. We love to see our celebrating and engaging together as one in a responsible manner. These Terms Of Use, Privacy Policy, and our Community Rules, along with your engagement, allows us to bring this experience to life. CrowdCover’s Terms of Use applies to your access to and use of our App, and any emails or texts we exchange with you, along with any of our services (collectively, the “Services”) powered by CrowdCover. We ask that you please carefully read these rules to use our services and follow them carefully. If you do not agree to be bound by these Terms of Use, then you must not use or access our Services. In addition, when using our Services you will be subject to additional applicable policies including without limitation, the Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service (provided, however, these Terms of Service will take precedence in the event of conflict). We shall resolve any such conflicts in our sole discretion, and all of our determinations are final.

Please read the Terms of Use carefully before you start to use the CrowdCover Website or our App. By using the Website or the App you accept and agree to be bound and abide by these Terms of Use, our Privacy Policy and our Community Rules. If you do not want to agree to these Terms of Use, you must not access or use the Website or App.

These terms of use are entered into by and between You, the person visiting our website www.crowdcover.live or downloading our CrowdCover application, and CrowdCover, Inc., a Delaware for profit corporation doing business as CrowdCover (“Company,” “CrowdCover”, “we,” “us,” “our”). The following terms and conditions of use, together with any documents they incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.crowdcover.live and the CrowdCover App, including any content, functionality and services offered on or through https://www.crowdcover.live (the “Website”) and our application available for download through the Google Play Store or the Apple Store (the “App”), whether as a guest or a registered user.

Our Website and the App are offered and available to users who are of legal gambling/gaming age and physically located in legal jurisdictions determined by federal and local laws. By using this Website or our App, you represent and warrant that you are of legal age and in legal location to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or App. Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. CrowdCover will alert the correct sportsbook or DFS operator to any illegal activity. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

By using our Services, you are accepting all of these Terms of Use and agreeing to form a binding contract with CrowdCover, thus, abiding by all of CrowdCover’s Terms of Use, Privacy Policy, Community Rules, and all applicable local, state, national, and international regulations, rules, and laws. References to users of our Website or App will be generally referred to as “our users” or the “CrowdCover Community.”

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. It is your responsibility to regularly check these Terms of Use to see if anything has changed.

Your continued use of the Website or App following the posting of any revised or updated Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

We reserve the right to withdraw or amend any of our Services or material we provide on the Website or App, in our sole discretion and without notice. We will not be liable if, for any reason, all or any part of the Website or App are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or App, or the entire Website or App, or to users, including registered users.

3. Accessing our Services

To access the Website or App or some of the services either one offers, you may be asked to provide certain registration details or other information. It is a condition of these Terms of Use that all the information you provide on the Website or the App is correct, current and complete. You agree that all information you provide to register to use our Services, including, but not limited to, through the use of any interactive features on our App or Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Children under the age of 18 are not allowed to create an account or use our Services, and certain areas or our Website or App require you to be twenty-one (21) years of age or older. Additionally, you must be over the age required by the local laws of your country to use our Services.

In addition, if we have previously disabled your account for any violations of our Terms of Use, Privacy Policy, or Community Rules you may not use our Services.

4. Use of the Services

If you choose, or are provided with or asked to create a username, password or any other piece of information as part of our security procedures, you must treat such information as 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 this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

You also agree that if and when you are asked to provide information about yourself to register to use our services, that you will use your legal name, you will provide accurate information about yourself, you will not share your password or give access to your account to others or transfer your account to anyone else, and that you will create only one account for your own personal use and will use our services for your own personal purposes.

We also retain the right to create limits on use and storage at our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services, limit distribution or visibility of any Content on the service, suspend or terminate users, and reclaim usernames without liability to you.

5. Prohibited Uses

You may use the Website or App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or App:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Rules incorporated into these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or App, or which, as determined by us, may harm the Company or users of the Website or App, or expose them to liability.

Additionally, you agree not to:

Use the Website or App in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or App, including their ability to engage in real time activities through the Website or App.
Use any robot, spider or other automatic device, process or means to access the Website or App for any purpose, including monitoring or copying any of the material on the Website or App.
Access, search, or collect data from the Services (automated or otherwise) except as permitted in these Terms. This includes probing, scanning or testing the vulnerability of any of our systems, or network, or breach, or circumvent any security or authentication measures.
Use any manual process to monitor or copy any of the material on the Website or App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website or App.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or App, the server on which the Website or App is stored, or any server, computer or database connected to the Website or App.
Attack the Website or App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website or App.

6. User Contributions

Our Website or App may also contain message boards, live streaming rooms, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter collectively referred to as “posting” or to “post”) content or materials (collectively, “User Contributions”) on or through the Website or App. All User Contributions must comply with the Community Rules incorporated by reference into these Terms of Use.

By providing any User Contribution on our Website or App, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

By agreeing to these Terms of Use and using our App or Website you represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Use and our Community Rules.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully 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 posted by you or any other user of the Website or App.

Except as permitted through the Services or as otherwise permitted by us in writing, your license does not include the right to:

license, sell, transfer, assign, distribute, host, or otherwise commercially exploit the Services or Content;
modify, prepare derivative works of, disassemble, decompile, or reverse engineer any part of the Services or Content; or
access the Services or Content in order to build a similar or competitive website, product, or service, except as permitted under the CrowdCover Terms of Use.

7. Privacy and Account Security

To use our Services, you are required to create a CrowdCover Account and provide us with your name, username, date of birth, email, mobile phone number, and password; the required information may change and it is up to the discretion of CrowdCover to change without notice. You are solely responsible for the Account information which includes safeguarding it and anything that happens related to your Account. We recommend you use a strong password and must immediately notify CrowdCover if you discover or suspect that your Account has been accessed without your permission.

We cannot be liable for any loss or damages that arise from your failure to comply with the above and our Privacy Policy.

You can control most communications from the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them. If you added your phone number to your account and you later change or deactivate that phone number, you must update your account information to help prevent us from communicating with anyone who acquires your old number.

8. Third Party Content, Promotions, and Advertisers

Our Services may contain links to third-party websites, products, or services which may be posted by advertisers, our partners, other users, or CrowdCover. The Third-Party content is not under our control and we are not responsible for any third-party’s websites, products, or services. It is at your own risk, and you should do your due-diligence before proceeding with any actions with any such third-party content. If you do come across any third-party on our Services, while we hold no responsibility for the third-party content, we may oblige by your request to research such third-party content.

If any third-party content contains a sweepstakes, contest, or promotion, you alone are responsible for your actions in following applicable laws and regulations.

If you are providing third-party content to our Services, then you are alone responsible for following any applicable laws and regulations. Additionally, your content must state it is not promoted, sponsored by, endorsed, or associated with CrowdCover. If any users choose to participate, their participations are required to release CrowdCover from any liability relating to your sweepstakes, promotion, or contest.

9. Intellectual Property Rights

Our Website and App and all of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, 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 laws.

These Terms of Use permit you to use the Website or App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, 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 one copy of a reasonable number of pages of the Website or App for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

Modify copies of any materials from our Website or App.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Website or App.

If you wish to make any use of material on the Website or App other than that set out in this section, please address your request it at team@crowdcover.live.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website or App in breach of the Terms of Use, your right to use the Website or App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or App or any content on the Website or App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website or App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

10. Trademarks

The Company name, the terms “CrowdCover” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

11. Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or App or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or App.
Terminate or suspend your access to all or part of the Website or App for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or App. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website or App, and 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. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

You may end your legal agreement with our Terms (and CrowdCover) by deleting your account and discontinuing your use and access of our Services.

To delete your account, please go to your profile page and click the settings icon in the top right. In the side menu that appears, you must click “delete your account.” You will be then asked to re-input your password to confirm your identity.

We may terminate or suspend your account and ability to access our Services at any time or for no reason, including violating these Terms, our Privacy Policy, or Community Rules. If you or we terminate your account, there are certain rights and obligations that will continue to survive the end of your use of our Services, including but not limited to any and all rights pertaining to your violation of any of these Terms of Use, or our Privacy Policy.

12. Copyright Infringement-Takedowns & DMCA

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

CrowdCover, Inc.

2598 E Sunrise Blvd, Suite 2104

Ft. Lauderdale, FL 33304

team@crowdcover.live

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

Your physical or electronic signature.
An identification 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 disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. It is the policy of the Company to terminate the user accounts of repeat infringers.

13.Reliance on Information Posted

The information presented on or through the Website or App 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 Website or App, or by anyone who may be informed of any of its contents.

Our Website or App may also include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. 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.

14. Information About You and Your Visits to the Website or App

All information we collect on this Website is subject to our Privacy Policy. By using the Website or App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

15. Linking to the Website or App and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. Additionally, our Website or App may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Website or App other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The Website or App from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

16. Links from the Website or App

If the Website or App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

17. Geographic Restrictions

The owner of the Website and App is based in the State of Delaware in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

18. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website 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 our site 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, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF LIVE STATISTICS OR LIVE ODDS FEEDS DISPLAYED ON THE APP. USERS ACKNOWLEDGE AND AGREE THAT ANY DECISIONS MADE BASED ON SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO DECISIONS TO PLACE BETS OR WAGERS, ARE MADE AT THEIR OWN RISK. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES INCURRED AS A RESULT OF RELIANCE ON SUCH INFORMATION.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, 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.

19. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Export Control

Software and other materials downloaded or otherwise made available from the Service may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Service may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.

21. Consent to Receive Text Messages

The Service provides functionality that allows you to invite your friends to download the CrowdCover App. In order to do so, you must affirmatively select the friends you would like to invite to join the CrowdCover community. You must provide the telephone number associated with your friends’ wireless device(s) in order to invite them to join CrowdCover. You can either manually provide the number during the invitation process or select from your contacts the individuals you would like to invite. The friends you invite will receive an active link from us that when selected will allow your friends to download the CrowdCover App. You acknowledge that you understand that when you send invitational text messages to your friends to invite them to join the CrowdCover community you are considered the sender of the text message under relevant law. YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE HAS CONSENTED TO RECEIVE TEXT MESSAGES FROM YOU INCLUDING THE INVITATIONAL TEXT MESSAGE YOU ELECT TO SEND INVITING YOUR FRIENDS TO DOWNLOAD THE CrowdCover APP.

There are no fees charged by us to use the Service. However, text messages sent and received by you, or by us on behalf of you, may be subject to standard text messaging rates if you or the recipient does not have a plan allowing for unlimited text messages from your mobile wireless carrier. Such fees could apply both to sending and receiving text messages. Please contact your underlying carrier to determine whether there are fees associated with text messages as part of you plan and for information as to the cost for such text messages if you have any questions.

22. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website or our App.

23. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, 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 State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, our Privacy Policy, the Website or our App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Fort Lauderdale and County of Broward. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

24. Arbitration

At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use, our Privacy Policy, or your use of the Website or our App, 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 Florida law.

25. Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

26. Entire Agreement

These Terms of Use, our Privacy Policy, and Community Rules constitute the sole and entire agreement between you and CrowdCover, Inc. with respect to your use of our Website and App and they supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website and the App.

27. Your Comments and Concerns

This website is operated by CrowdCover, Inc., which has its principal place of business at CrowdCover, Inc., 2598 E Sunrise Blvd., Suite 2104, Ft. Lauderdale, FL 33304.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: team@crowdcover.live

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