Terms of Service
Last Revision was October 26, 2015
Purpose of this agreement
YesCrew.com is an online marketplace that enables buyers of professional services (“Employers”) to search for, enter into and manage transactions with providers of professional services (“Service Providers” and, collectively with Employers and Businesses, “Registered Users”). The Website is also an online marketplace that enables sellers of referrals (“Businesses”) to search for, enter into and manage referral fee agreements with service providers. The Website contains features that enable Service Providers, Businesses, and Employers to do, among other things, the following:
Employers: Create profiles, post projects, search for Service Providers, communicate with Service Providers, negotiate with Service Providers, award projects to Service Providers, manage projects, and leave feedback for Service Providers.
Businesses: Create profiles, post referrals fee auctions, search for Service Providers, communicate with Service Providers, negotiate with Service Providers, award referrals to Service Providers, manage projects, and leave feedback for Service Providers.
Service Providers: Create profiles, advertise capabilities, submit quotes, negotiate with Employers, obtain project awards, invoice, and obtain feedback from Employers.
We also provide Registered Users with certain services described in, and subject to, these Terms of Service (as further defined below, the “Services”). We may add, delete or modify some or all of such Services at any time at our sole discretion with reasonable notice posted in advance on the Website.
- REPRESENTATIONS, DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
- Warranty Disclaimer. THE SERVICES PROVIDED BY YESCREW.COM OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY.
- Limitation of Liability. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. WE ARE LIABLE FOR GROSS NEGLIGENCE ONLY WITH RESPECT TO VIRUSES AND BREACHES OF CONFIDENTIAL OR PRIVATE INFORMATION.
- General Release. If you have a dispute with another Registered User, you release YesCrew.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
- State Specific Release. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- Indemnity. (1) You agree to defend, hold harmless and indemnify YesCrew.com from and against any and all losses, costs, expenses, damages or other liabilities incurred by YesCrew.com from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against YesCrew.com: (1) in connection with your use of the (2) resulting from: (a) your use of the Website (b) your decision to supply credit information via the Website, including personal financial information; (c) your decision to submit postings and accept offers from other Registered Users; (d) any breach of contract or other claims made by Registered Users with which you conducted business through the Website; (e) your breach of any provision of these Terms of Service; (f) any liability arising from the tax treatment of payments or any portion thereof; (g) any negligent or intentional wrongdoing by any Registered User; (h) any act or omission of yours with respect to the payment of fees to any Service Provider or Business; (i) your dispute of or failure to pay any Invoice or any other Payment; or (j) your obligations to a Service Provider or Business. (2) Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.
Capitalized terms used in these Terms of Service have the following meanings:
“Account” means the account created by the Website upon registration.
“Employer’s Acceptance of Services” shall mean: (i) that the employer intends to hire the service provider as an employee of the employer, or intends to hire the service provider as an independent contractor.
“Services” means, collectively, the service offered through Yes I Do, Inc’s. This includes, but it not limited to the auctions to sell referrals, the auctions to buy referrals, the auctions to hire employees, the auctions to hire independent contractors, and the rating systems provided by the Website.
“Website” means the world-wide-web site operated by Yes I Do, Inc. at www.YesCrew.com or any replacement URL.
- Eligibility.To access our Services through our Website, you must be a legal entity, or an individual of eighteen (18) years of age or older who can form legally binding contracts. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Registered User, you agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for your use of the Website and the purchase or delivery of services; and (3) perform your obligations as specified by any Project Agreement that you accept, unless such obligations are prohibited by law or by the Terms of Service. www.YesCrew.com reserves the right, in its sole discretion, to refuse, suspend, or terminate Services to anyone.
- Registration. To become a Registered User and to access Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.
- Accounts and Profiles.
General. Once you have registered with the Website as a Registered User, the Website will create your Account with www.YesCrew.com and associate it with an account number. You may create one or more profiles under your Account, in accordance with Section 2(D).
Username and Password. During registration, you will be asked to choose a username and password for the Account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorize www.YesCrew.com to assume that any person using the Website with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorized use of the Account.
- Membership. www.YesCrew.com provides Registered Users several different membership options. The availability of these membership options is dependent upon (i) the Registered User’s status as an Employer, Business or a Service Provider (ii) any subsequent upgrades or downgrades of membership options after registration.
Employers. Employers can choose from “Basic”, “Yes Pro”, and “Yes Guru” membership options. All Employers start with a Basic membership and is dependent upon any subsequent upgrades or downgrades of membership options after registration. Note, membership benefits may change from time to time at the sole discretion of www.YesCrew.com and upon reasonable notice posted in advance on the Website.
Businesses. Businesses can choose from “Basic”, “Yes Pro”, and “Yes Guru” membership options. All Businesses start with a Basic membership and is dependent upon any subsequent upgrades or downgrades of membership options after registration. Note, membership benefits may change from time to time at the sole discretion of www.YesCrew.com and upon reasonable notice posted in advance on the Website.
Service Providers. Service Providers can choose from “Basic”, “Yes Pro”, and “Yes Guru” membership options. All Service Providers start with a Basic membership and is dependent upon any subsequent upgrades or downgrades of membership options after registration. Note, membership benefits may change from time to time at the sole discretion of www.YesCrew.com and upon reasonable notice posted in advance on the Website.
Each membership option includes a certain number of “bids.” As described on the Website, a Service Provider uses bids to submit quotes for Projects. If a Freelancer requires additional bids in a given month, the Freelancer has the option to buy additional bids by purchasing a Bid Pack as described on the Website. We reserve the right to change membership fees, the monthly number of bids included in the membership options or the price Bid Packs or institute new fees at any time, at the sole discretion of Guru.com and upon reasonable notice posted in advance on the Website. No refunds of membership fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
- Employer and Service Provider.
- Project Agreement.The engagement, contracting and management of a project are between an Employer and a Service Provider. Upon acceptance of a quote, the Employer agrees to purchase, and the Service Provider agrees to deliver, the services and related deliverables in accordance with the following agreements: (a) the agreement between Employer and Service Provider including the Project Bid, Project Description, and other terms and conditions as communicated between Employer and Service Provider on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by or YesCrew.com (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the Project Agreement in a timely manner. Service Provider is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner. Employer and Service Provider each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
- Independence.Employer and Service Provider each acknowledges and agrees that their relationship is that of independent contractors unless otherwise is specified. The Service Provider shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Service Provider and Employer or between YesCrew.com and any Employer or Service Provider.
- Business and Service Provider.
- Project Agreement.The engagement, referral process and management of a project are between an Business and a Service Provider. Upon acceptance of a quote, the Business agrees to refer business to the service provider, and the Service Provider agrees to deliver, the services, the referral fee, and related deliverables in accordance with the following agreements: (a) the agreement between Business and Service Provider including the Project Bid, Project Description, and other terms and conditions as communicated between Business and Service Provider on the Website or otherwise, (b) these Terms of Service, and (c) any other content uploaded to the Website by YesCrew.com (collectively, the “Project Agreement”). You agree not to enter into any contractual provisions in conflict with these Terms of Service. Any provision of a Project Agreement in conflict with these Terms of Service is void. The Business is responsible for referring business to the Service Provider in accordance with the Project Agreement in a timely manner. Service Provider is responsible for the referral fee, performance and quality of the services in accordance with the Project Agreement in a timely manner. The Business and Service Provider each covenants and agrees to act with good faith and fair dealing in performance of the Project Agreement.
- Independence.The Business and Service Provider each acknowledges and agrees that their relationship is that of independent contractors unless otherwise is specified. The Service Provider shall perform services as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Service Provider and the Business or between YesCrew.com and any Business or Service Provider.
- Registered Users and YesCrew.com
- General.YesCrew.com is not a party to the dealing, contracting and fulfillment of any Project between an Employer and a Service Provider or a Business and Service Provider. YesCrew.com has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Service Providers to perform services, the ability of Employers or Businesses to pay for services, or that an Employer, Business or Service Provider can or will actually complete a Project. YesCrew.com is not responsible for and will not control the manner in which a Service Provider operates and is not involved in the hiring, firing, discipline or working conditions of the Service Provider. All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Service Provider or Business and a Service Provider. YesCrew.com will not provide any Service Provider with any materials or tools to complete any Project. Employers and Service Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings. Businesses and Service Provider must also look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
- Third-Party Beneficiary of Project Agreement.Employer, Business and Service Provider each acknowledges and agrees that the value, reputation, and goodwill of the Website depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer, Business and Freelancer therefore appoint or YesCrew.com as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, YesCrew.com by these Terms of Service. Employers, Businesses and Service Providers further agree that YesCrew.com has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as YesCrew.com in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
- Agency.These Terms of Service and any registration for or subsequent use of this Website by any user or Registered User will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and YesCrew.com, except and solely to the extent expressly stated.
- Taxes.Registered Users are responsible for payment and reporting of any taxes. YesCrew.com is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes, unless otherwise agreed to by both parties pursuant to the terms of any provision of tax services provided to you by YesCrew.com. You agree that you will abide by any and all applicable state and federal tax statutes, regulations and common law. In the event YesCrew.com receives a notice of non-compliance with any such statute, regulation or common law, including, without limitation, an Internal Revenue Service Levy, YesCrew.com will deem such receipt a breach of this section and will suspend your Account until YesCrew.com received an Internal Revenue Service Release.
- com FEES
- Membership Fee. Employers, Businesses, and Service Providers can choose various membership programs to subscribe to different levels of participation on the Website, as detailed on the Website.
- Services Fees. YesCrew.com offers a wide range of business services.
- Referral Fee.Yes I Do, Inc. has a marketing arm that generates referrals for service providers. Referrals that are fulfilled require that the service provider pay the referral fee per the Project Agreement.
- Business Services Fee.Yes I Do, Inc. offers services and solutions for your business. The services are tailored to the Business, Employer, or Service provider and would require a written agreement before such services are rendered. The agreement will specify the terms and conditions for the type of service to be performed and the payment of the service.
- We reserve the right to change membership fees, service fees, processing fees or any other fee that may be charged by YesCrew.com offers at any time, at the sole discretion of YesCrew.com offers and upon reasonable notice posted in advance on the Website. No refunds of fees already paid will be given. If we exercise our right to cancel a membership as provided under these Terms of Service, at any time, we will not refund the membership fee already paid.
- TERM; TERMINATION AND SUSPENSION
- These Terms of Service shall become effective as your contractual agreement upon your use of the Website, and shall continue until your Account is terminated by you or or YesCrew.com as provided for under the terms of this section.
- Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, your Account is automatically terminated and (1) YesCrew.com shall continue to perform those services necessary to complete any open transaction between you and another Registered User; and (2) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to YesCrew.com for any service and to any Service Provider or Business for any services.
- Any termination of an Account will automatically lead to the termination of all related profiles.
- Without limiting our other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Project, and refuse to provide any or all services to you if: (1) you breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) we are unable to verify or authenticate any information you provide to us; or (3) we believe in our sole discretion that your actions may cause legal liability for you, our Registered Users or for YesCrew.com or are contrary to the interests of the Website. Once indefinitely suspended or terminated, you must not continue to use the Website under the same Account, a different Account, or register under a new Account.
- In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
- Without limiting our other remedies, to the extent you engage in actions or activities which circumvent YesCrew.com or otherwise reduce fees owed to YesCrew.com under these Terms of Service, you must pay YesCrew.com for all fees owed to YesCrew.com and reimburse YesCrew.com for all losses and costs and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees.
- When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Website. The material may be deleted along with all your previous posts and proposals.
- PRIVACY AND CONFIDENTIALITY.
- INTELLECTUAL PROPERTY.
- Content and YesCrew.com Content.Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and the IP Policy and YesCrew.com Policy IP Policy. It is your responsibility to review the IP Policy and YesCrew.com IP Policy, which is incorporated by reference, and we suggest that you review the IP Policy and YesCrew.com IP Policy and print a copy for yourself. The IP Policy and YesCrew.com IP Policy is posted on the Website and may be updated from time to time.
- Registered User Content.
- You are solely responsible for information posted on our Website, including but not limited to (a) any audio, video or photographic content (collectively, “Multimedia Content”), (b) any posting or listing made in any public message area, through any email feature or through ’s or YesCrew.com’s feedback feature (collectively, “”>Non-Multimedia Content”) and (c) any other content of a personal nature including but not limited to your resume, biography, work history and work product produced for another Registered User including Companies (“Personal Content”). You retain ownership of all Multimedia Content and Personal Content, subject to the licenses granted herein.
2. You hereby assign to YesCrew.com your rights in any Non-Multimedia Content. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to the Multimedia Content and to use such Multimedia Content for the purpose of advertising and publicizing YesCrew.com products and services and you grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to use the Personal Content for the purpose of providing Services.
- Your information must not: (a) infringe any third party’s rights, including but not limited to intellectual property, publicity or privacy; (b) be defamatory, trade libelous, threatening or harassing; nor (c) be obscene, indecent or contain pornography.
- We do not endorse any information posted by Registered Users and we are not liable for any such information posted on the Website, including but not limited to any information posted about you. We reserve the right to take any action, in our sole discretion, with respect to information posted on the Website which we believe is inappropriate, including but not limited to termination of your Account. However, we cannot, nor do we, control the information provided by you or other Registered Users or other content providers which is made available through our system.
- Removal of Content for which Copyright Infringement Is Claimed.
- Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, or YesCrew.com has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by a User of the Website, please fill out a Notice of Infringement form and send it to YesCrew.com Copyright Infringement Notices at P.O. Box 352078 Los Angeles, CA 90035.
2. The information requested by the Notice of Infringement form substantively complies with the safe harbor provisions of the Digital Millennium Copyright Act, 17 USC. § 512(c)(3)(A), which provides that a notification of claimed infringement must be a written communication provided to the designated agent that includes substantially the following:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at such website.
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Employer, Business, or Service Provider to locate the material.
(d) Information reasonably sufficient to permit the Employer, Business, or Service Provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(g) Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
- Additionally, you are required to provide a Notice of Infringement form each time you wish to report alleged acts of infringement and send it to the address provided above.
- WEBSITE AND USER REPRESENTATIONS AND DATA
- Registered User Representations and Warranties. All Registered Users represent, warrant, and agree:
- not to grant access to an Account only to users authorized to act on behalf of the Registered User and only in accordance with these Terms of Service.
2. to be fully responsible and liable for any action of any user who uses your Account.
- not to use your Account, username, or password of another Registered User without permission.
- not to allow any third party who is not authorized to do so to use your Account at any time.
- not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.
- not to intercept or expropriate any system, data or personal information from the Website.
- not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.
- that it has the right and authority to enter into the Terms of Service and to transact business hereunder.
- that they are using the Website solely for the purpose of entering into a bona fide business transaction with other Registered Users.
- that they will not use the Website or its services to defraud or mislead any person or entity, including without limitation or YesCrew.com or any Register User.
- that they will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.
- that they are not a resident national of, or, an entity located in Cuba, Iran, Sudan, Burma (Myanmar), Democratic Republic of the Congo, North Korea, Syria or any other country subject to economic sanctions imposed by the government of the United States of America.
- that they are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).
- that they will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.
- Links. The Website may contain links to third-party web sites not under the control or operation of YesCrew.com. When we provide links, we do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.
- Data.You are responsible for creation, storage, and backup of your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on’s or YesCrew.com’s part to store, backup, retain, or grant access to any information or data for any period.
- MISCELLANEOUS TERMS AND CONDITIONS
- Compliance with Law. You are responsible for using this Website in a manner that complies with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.
- Modification and Waiver. YesCrew.com will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of or YesCrew.com. No delay or omission by YesCrew.com in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
- Severability. If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
- Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under these Terms of Service to anyone without the express written permission of YesCrew.com, and any attempt to do so will be null and void. or YesCrew.com may assign these Terms of Service in its sole discretion.
- State Specific Legal Notice. Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: or YesCrew.com, located in Los Angeles, California, is the provider of the electronic commercial service on the Website. Registered Users are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact YesCrew.com to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact us at firstname.lastname@example.org
- Force Majeure.Except for the payment of fees toYesCrew.com, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
- Notice. All notices required or permitted to be given under these Terms of Service, shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid telex, telefax or telegram, or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by telex or telefax, or telegram, shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.
- Choice of Law. This contract is governed by Delaware Law.
- Choice of Forum. California is the exclusive judicial forum for disputes or claims arising from under this agreement unless we consent in writing to a different forum.
- Personal Jurisdiction. Registered users consent to the personal jurisdiction of Delaware or California.
Attention Yes I Do, Inc.
4835 Van Nuys Blvd. Suite 212
Sherman Oaks, CA 91403
If to Registered User:
To the address associated with Registered User’s access or login information.
- Headings and Labels.The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.
- Integration. These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between you and YesCrew.com with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.
- Survival.Sections 5, 6, 7, 8, 9, and 10 will survive any termination of these Terms of Service for any reason.