Crowdpicker does not give any warranty or other assurance as to the operation, quality, or functionality of the Site. Access to the Site may be interrupted, restricted, or delayed for any reason. Crowdpicker also does not give any warranty or other assurance as to the content of the material appearing on the Site, its accuracy, completeness, timelessness, or fitness for any particular purpose. To the full extent permissible by law, Crowdpicker disclaims all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other consequential losses) arising in contract, tort or otherwise from the use of or inability to use the Site or any material appearing on the Site, or from any action or decision taken as a result of using the Site or any such material. The Site contains links to external sites. Crowdpicker is not responsible for and has no control over the content of such sites. Information on the Site, or available via hypertext link from the Site, is made available without responsibility on the part of Crowdpicker. Crowdpicker disclaims all responsibility and liability (including for negligence) in relation to information on or accessible from the Site.
The services, site, and reporting are provided "AS IS" and there are no warranties, claims, or representations made by Crowdpicker either expressed, implied, or statutory, with respect to the services, site, and reporting, including warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there are warranties created by the course of dealing, course of performance, or trade usage. Crowdpicker does not warrant that the services, site, and reporting will meet your needs or be free from errors, or that the operation of the service will be uninterrupted. The foregoing exclusions and disclaimers are an essential part of this agreement and formed the basis for determining any price charged for the service. Some states do not allow exclusion of an implied warranty, so this disclaimer may not apply to you. Prices and charges pertaining to service is at the discretion of Crowdpicker and Crowdpicker may withhold the right to refund any amount whether partial or full depending on the circumstances. At this time there is no refund policy.
You acknowledge that Crowdpicker and its licensors own all rights, title and interest in all content on the Site, including but not limited to the Site's design, text, graphics and files, and their selection and arrangement (the "Content"), and you agree not to modify, copy, distribute, frame, republish, display, post, transmit, or sell the Content, except as may be expressly permitted by Crowdpicker.. You may download and print reasonable portions of the Content, solely for your personal, non-commercial use, provided that you leave intact all copyright notices and identifying information appearing on the original. You may not republish Site Content on any other website or business network or incorporate the information into any database or compilation. Any use of the Content not authorized by Crowdpicker. is prohibited. All trademarks, logos, trade dress and service marks on Site are trademarks of Crowdpicker. or its licensors and may not be copied, imitated, or used, in whole or in part, without written permission.
It is Crowdpicker's policy to respond promptly to claims of copyright infringement, and to remove, or disable access to, infringing material. If you believe that any of the Content or materials appearing on this Site contains infringing materials or infringing property, please send a notice to us at help at Crowdpicker. Your notice should contain the following: a physical or electronic signature of a person (i.e., claimant) authorized to act on behalf of the copyright owner; identification of the copyrighted work claimed to be infringed; identification of the content or material claimed to be infringing; a reference or link to the infringing material or activity, or the subject of the infringing activity, including information to enable us to locate that material or reference; the address, telephone number or email address of the claimant; a statement that the claimant 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; and a statement that the information in the notice is accurate and, under penalty of perjury, that the claimant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links and References
Limitation on Liability
Under no circumstances, including, but not limited to, negligence, shall Crowdpicker or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, Crowdpicker materials. You specifically acknowledge and agree that Crowdpicker is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any Crowdpicker material, or with any of Crowdpicker's Terms and Conditions, your sole and exclusive remedy is to discontinue using Crowdpicker's materials. Crowdpicker will not be liable to you or any third party for any indirect, special, punitive, consequential (including, without limitation, lost profits or lost data collected through the service, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort breach of any statutory duty, indemnity or contribution, or otherwise, even if Crowdpicker has been advised of the possibility of such damages. The exclusion contacted in this paragraph shall apply regardless of the failure of the exclusive remedy provided in the following paragraph. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitations or exclusions in this and the foregoing paragraph may not apply to you. Crowdpicker's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this agreement shall not exceed the aggregate fees paid by you to Crowdpicker for use of service.
Governing Law and Venue
If there is any dispute about or involving the Site, you agree that the dispute will be governed by the laws of the Province of British Columbia, Canada, as they apply to residents situated within the Province. You also agree to the exclusive jurisdiction and venue of the courts of the state and federal courts of Delaware, and waive all defenses of lack of personal jurisdiction or that the forum is not convenient, except that Crowdpicker. may bring suit against you in any court that has jurisdiction over your person or property. Any cause of action by you with respect to the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred.