TERMS AND CONDITIONS
Last updated February 02, 2022.
CONTRACTUAL RELATIONSHIP
§ These Terms of Use (“Terms”) constitute a legal agreement between persons who wish to engage FreeLancer Services (“Users”) and CRAB CORNER. These Terms govern your use of our platform of services that facilitates communications between Users and FreeLancer and is offered through our website located at www.crabcorner.net, as may be modified, relocated, and/or redirected from time to time, and the mobile applications we offer.
§ Our services, platform, website, and mobile applications are collectively referred to as the “CRAB CORNER Site”. The terms “you”, “you”, “your” or “your” refer to the User or FreeLancer as applicable.
§ Please read these Terms carefully before accessing or using the Services. In these Terms, the terms “including” and “include” mean “including, without limitation”.
§ Your access to and use of the CRAB CORNER Site constitutes your agreement to be bound by these Terms, which establish a contractual relationship between you and CRAB CORNER. If you do not agree to these Terms, you may not access or use the CRAB CORNER Site. These Terms expressly supersede any prior agreements or understandings entered into with you. CRAB CORNER may immediately terminate these Terms concerning you, or generally discontinue providing or denying access to the CRAB CORNER Site or any part thereof, at any time and for any reason.
§ CRAB CORNER may modify the Terms relating to the CRAB CORNER Site from time to time. Modifications will be effective upon CRAB CORNER’s posting of the updated Terms at this location or the modified policies or supplemental terms for the applicable service(s). Your continued access or use of the CRAB CORNER Site following this posting constitutes your consent to be bound by the Terms and any modifications thereto:
· Your agreement that the CRAB CORNER Site is provided “as is” and without warranty of any kind.
· Your agreement that the CRAB CORNER Site is solely a communications platform that provides a method for the procurement of FreeLancer Services, that all FreeLancer Services are performed by third parties and that CRAB CORNER has no liability for the Freelancer Services or the acts or omissions of third parties.
· Your agreement to hold CRAB CORNER harmless from any liability arising from claims related to the CRAB CORNER Site or otherwise.
· Your agreement to hold CRAB CORNER harmless from claims arising out of your use, misuse, or inability to use the CRAB CORNER Site or the FreeLancer Services, your breach of this Agreement, applicable laws or third party rights, and/or the content or information submitted from your account to the CRAB CORNER Site.
· Your consent that either party has the right to resort to binding arbitration.
· Your agreement that no claim may be brought as a class action.
· Your consent to the collection, use, disclosure, and transfer of your data as outlined in the Privacy Policy, as amended from time to time.
THE APPLICATION IS ONLY A SPACE
The CRAB CORNER Site is a computer marketplace where Users and FreeLancer can identify themselves and buy and sell services online. These specific services requested by Users, to be performed by Freelancers, are hereinafter referred to as “FreeLancer Services”. Under the terms of this Agreement, CRAB CORNER provides services to Users and Freelancers, including hosting and maintenance of the CRAB CORNER Site, and permits the execution of Contracts between Users.
When a User and a FreeLancer enter into a User to User Agreement, the User and the FreeLancer use the CRAB CORNER Site to engage, communicate, bill, and pay online.
Unless otherwise stated by CRAB CORNER in a separate written agreement with you, the CRAB CORNER Site is made available solely for your personal, non-commercial use. CRAB CORNER does not itself provide FreeLancer Services. The provision of all FreeLancer Services is dependent upon the FreeLancer. CRAB CORNER, through the App, provides information and a method for obtaining these FreeLancer Services, but does not provide or purport to provide such FreeLancer Services, and has no responsibility or liability for the Freelancer Services and/or work product delivered to you by Freelancers, including, but not limited to, warranties of fitness for a particular purpose or compliance with laws, regulations or codes. CRAB CORNER is not affiliated with, endorsed, or sponsored by any third-party provider.
SERVICES BETWEEN USERS
Upon the award of a project or contest by a User to a FreeLancer and the acceptance of the FreeLancer on the CRAB CORNER Site, or the purchase of an item from the FreeLancer by a User, the User, and the FreeLancer shall be deemed to have agreed (the “User to User Agreement”), under which the User agrees to purchase and the FreeLancer agrees to deliver the FreeLancer Services.
User and FreeLancer may agree with them separate from these Terms, provided that you agree not to enter into any contractual provision inconsistent with these Terms.
You are solely responsible for ensuring that you comply with your obligations to FreeLancer. If you fail to do so, you may be liable to the FreeLancer in question. You must ensure that you are aware of all national laws (including common law), international laws, rules, ordinances, and regulations relating to you as a User or any other use you make of the CRAB CORNER Site. If a FreeLancer fails to perform any obligation to you or causes damage to you, your property, or your rights, you are solely responsible for exercising any rights you may have.
For the avoidance of doubt, we have no responsibility to enforce any rights under a User Agreement or for damage to you, your property, or your rights caused by a FreeLancer.
Depending on your jurisdiction, Users and FreeLancer may have rights under statutory warranties that cannot be legally excluded. Nothing in these Terms is intended to override any rights that cannot be excluded under applicable law. Each User and Freelancer acknowledges and agrees that the relationship between the User and any FreeLancer is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between Users and FreeLancer. Nothing in these Terms shall be construed as constituting a joint venture, partnership, or employer-employee relationship between CRAB CORNER and any User or FreeLancer.
USER SUBMISSIONS
User grants Freelancer a limited, non-exclusive, revocable right (at any time in User’s sole discretion) to use the User Submissions as necessary to provide the Services.
User reserves all other rights and interests, including without limitation all intellectual property rights, in and to the User Submissions. Upon performance or termination of the Services Agreement, or written request by User, FreeLancer shall promptly return all User Deliverables to User and agrees to delete all copies of User Deliverables and Work Product located on FreeLancer’s premises, systems, or other equipment or otherwise under FreeLancer’s domain. User has 15 calendar days to respond to Project Deliverables with a value of up to 100 USD. If the User remains indifferent to this FreeLancer delivery, it will be understood as tacitly accepted, releasing the corresponding funds to the FreeLancer. Freelancer agrees to provide written certification to User certifying the return or deletion of User’s Deliverables within ten (10) days of receipt of User’s written request for certification.
WORK PRODUCT
Any work for hire that may be copyrightable performed by FreeLancer in connection with a fixed-price contract for User shall remain the property of FreeLancer until payment has been made by User and accepted by FreeLancer.
If the User pays less than the amount agreed to in the Services Agreement, FreeLancer may refund the amount paid within two (2) weeks of the date of payment and retain ownership of the Work Product.
If intellectual property rights cannot be assigned under applicable law, FreeLancer hereby irrevocably agrees to grant and hereby does grant to User an exclusive (which also excludes FreeLancer), perpetual, irrevocable, unlimited, worldwide, fully paid-up, unconditional license to use and market the Work Product in any manner now known or hereafter discovered. If the grant of the license is not fully valid, effective, or enforceable under applicable law, FreeLancer hereby irrevocably agrees to grant and hereby grants to User such rights as User may reasonably request to acquire, to the extent possible, all rights equivalent to full legal ownership.
To ensure that User will be able to acquire, formalize and use these intellectual property rights, FreeLancer will: transfer dominion, ownership, and title in media, models, and other tangible objects containing the Work Product to User; execute any documents, upon User’s request, to assist User with the documentation, formalization, and enforcement of its rights; and provide User with assistance and reasonable access to information to register, formalize, secure, defend and enforce these intellectual property rights.
FreeLancer also irrevocably authorizes User to act and sign on behalf of FreeLancer and take any action necessary to formalize User’s rights under this Agreement. If under applicable law, FreeLancer retains any rights of paternity, integrity, disclosure, and withdrawal of the Work, and any other rights that may be known or referred to as “moral rights” or other inalienable rights in the Work Product or Confidential Information under this Agreement, FreeLancer irrevocably agrees to waive and, hereby waives all such rights or, in the event FreeLancer is unable to waive such rights, Freelancer agrees that it will not exercise such rights until FreeLancer has provided prior written notice to User and then only by any reasonable instructions User issues to protect its rights.
The freelancer shall ensure that no Work Product created or submitted by FreeLancer includes any software, technology, or other Pre-existing IP, whether such Pre-existing IP is owned by FreeLancer or a third party, including, but not limited to, code was written by proprietary software companies or developers in the open-source community without having obtained User’s prior written consent to include such Pre-existing IP in the Work Product. Freelancer acknowledges that, without prejudice to any other remedy it may have, FreeLancer shall not be entitled to payment, and shall refund all payments made to FreeLancer, for Services performed under an Agreement if the Work Product contains Pre-existing IP that was not approved by this Section.
USER VETO
FreeLancer may be subject to a vetting process before they can register and during their use of the CRAB CORNER Site. While CRAB CORNER may perform background checks on FreeLancer, CRAB CORNER cannot confirm that each FreeLancer is who he or she claims to be and, therefore, CRAB CORNER cannot assume or assume any responsibility for the accuracy or truthfulness of the identity, background check information or information provided through the CRAB CORNER Site.
By using the CRAB CORNER application, you agree to hold CRAB CORNER harmless from any liability or damage that may arise from the professional services. CRAB CORNER is not responsible for the conduct, whether online or offline, of any user, including third-party providers, and shall not be liable for any claims, injuries, or damages arising in connection with the FreeLancer services.
LICENSE
Subject to your compliance with these Terms, CRAB CORNER grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the CRAB CORNER Site on your device solely in connection with your use of the CRAB CORNER Site; and access and use any content, information and related materials that may be available through the CRAB CORNER Site, in each case solely for your personal, non-commercial use. CRAB CORNER and CRAB CORNER’s licensors reserve all rights not expressly granted herein.
RESTRICTIONS
You may not:
· Remove any copyright or trademark notices or other intellectual property notices from any part of the CRAB CORNER Site.
· Reproduce, modify, create derivative works from, distribute, license, rent, sell, resell, transfer, publicly display, publicly perform, transmit, publish, broadcast, or otherwise exploit the CRAB CORNER Site, except as expressly permitted by CRAB CORNER.
· Decompile, reverse engineer, or disassemble the CRAB CORNER Site, except as permitted by applicable law.
· Link to, duplicate or frame any part of the CRAB CORNER Site.
· Introduce or implement programs or scripts to extract information, indexing, scanning, or otherwise data mining on any part of the CRAB CORNER Site, or unduly hinder or impede the operation and/or functionality of any aspect of the CRAB CORNER Site.
· Attempt to gain unauthorized access to or affect any aspect of the CRAB CORNER Site or its related systems or networks.
THIRD-PARTY CONTENT AND SERVICES
The CRAB CORNER Site may be accessed or made available in connection with third-party services and content (including advertising) that CRAB CORNER does not control.
You acknowledge that other terms of use and privacy policies may apply to your use of third-party services and content. CRAB CORNER does not endorse the services or content of third parties and in no event shall CRAB CORNER be responsible for the products or services of this FreeLancer.
PROPRIETARY
The CRAB CORNER Site and all rights set forth therein are and shall remain the property of CRAB CORNER or CRAB CORNER’s licensors. Neither these Terms nor your use of the CRAB CORNER Site will transfer or grant you any rights: in or to the CRAB CORNER Site or related to the CRAB CORNER Site, except for the limited license granted above; or to use or reference in any way the company names, logos, product and service names, trademarks or service marks of CRAB CORNER or CRAB CORNER’s licensors.
ACCOUNTS
To use most aspects of the CRAB CORNER Site, you must register and maintain an active personal user Services account (“Account”).
You must be at least 18 years of age, or have reached the legal age of majority in your jurisdiction (if other than 18 years of age), to obtain an Account. Account registration requires you to submit certain personal information to CRAB CORNER such as your name, address, cell phone number, and age, as well as at least one valid payment method (either a credit card or an accepted payment provider).
You agree to maintain accurate, complete, and current information in your Account. Failure to maintain accurate, complete, and current Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the CRAB CORNER Site or termination of this Agreement with you by CRAB CORNER.
You are responsible for all activity that occurs under your Account, and you agree to maintain the security and confidentiality of your Account username and password at all times. Unless otherwise permitted by CRAB CORNER in writing, you may only have one Account. FreeLancer profiles must accurately reflect the FreeLancer’s experience, skills, and personal information.
USER REQUIREMENTS AND CONDUCT
The Service is not available for use by persons under the age of 18. You may not authorize any third party to use your Account, and you may not permit persons under the age of 18 to receive or offer FreeLancer Services unless accompanied by you.
You may not assign or otherwise transfer your Account to any person or entity. You agree to comply with all applicable laws when using the CRAB CORNER Site (including, without limitation, all applicable labor laws), and you may only use the CRAB CORNER Site for lawful purposes (e.g., you may not use it for the transportation of hazardous or illegal materials).
During your use of the CRAB CORNER Site, you will not cause trouble, annoyance, inconvenience, or property damage, whether concerning FreeLancer or any other party. In some cases, you may be required to provide proof of your identity to access or use the CRAB CORNER Site, and you agree that you will be denied access to or use of the CRAB CORNER Site if you refuse to provide proof of your identity.
ACCEPTABLE USE
During the term of this Agreement, you may use the CRAB CORNER Site for your personal use only (or for the use of a person, including a company or other organization that you validly represent).
You may use the CRAB CORNER Site to engage FreeLancer Services only concerning the location where you are legally authorized to receive or offer FreeLancer Services. You may not use the CRAB CORNER Site for any other purpose or in connection with any other business activity without our express prior written consent.
You may not use the CRAB CORNER Site in violation of any laws, rules, ordinances, or regulations. You agree that an application for FreeLancer Services constitutes an offer, which is deemed accepted only when you receive a confirmation of the application.
You agree that you will treat FreeLancer courteously and lawfully and that you will reasonably cooperate with FreeLancer to enable FreeLancer to provide FreeLancer Services. Freelancer agrees that it will provide the FreeLancer Services once it has accepted an application in a professional and quality assured manner, that it will provide these services courteously and lawfully and to the best of its abilities, and that it will accept applications only if the FreeLancer is qualified and capable of performing such FreeLancer Services.
The CRAB CORNER Site may contain profiles, e-mail systems, blogs, message boards, applications, job postings, chat areas, newsgroups, forums, communities, and/or other message or communication spaces that allow you to communicate with other users.
You may use these Community Areas only to send and receive messages and materials that are relevant and appropriate to the particular forum.
You may NOT use the CRAB CORNER Site (including, without limitation, any Community Area) to do the following:
§ Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as but not limited to, rights of privacy and publicity) of others, including CRAB CORNER personnel.
§ Publish, post, upload, distribute or disseminate indecent, defamatory, infringing, obscene, or unlawful topics, names, materials or information, or materials, information, or content involving the sale of counterfeit or stolen goods.
§ Use the CRAB CORNER Site or FreeLancer Services for any purpose or in any manner that violates local, state, national or international law.
§ Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of others.
§ Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s a computer.
§ Post or upload content for which you have not obtained the necessary rights or permissions to use accordingly.
§ Advertise or offer for sale any products or services for commercial purposes through the CRAB CORNER Site that do not correspond to the services offered through the CRAB CORNER Site.
§ Conduct or send surveys, contests, pyramid schemes, or chain letters.
§ Impersonate another person or user or allow another person or entity to use your identity to post or view comments or otherwise use your account.
§ Posting the same note repeatedly (spamming). Spamming is strictly prohibited.
§ Downloading files posted by other users when the user knew or reasonably should have known that they could not be legally distributed through the CRAB CORNER Site.
§ Restrict or inhibit other users from using and enjoying the Community Areas.
§ Imply or assert that statements you make are endorsed by CRAB CORNER, without CRAB CORNER’s prior written consent.
§ Use a robot, web crawler, manual and/or automatic processes or devices to data-mine, crawl, extract information, or index the CRAB CORNER Site in any way.
§ Hack into or interfere with the CRAB CORNER Site, its servers, or any connected network.
§ Adapt, alter, license, sublicense or translate the CRAB CORNER Site for your own personal or commercial use.
§ Remove or alter, visually or otherwise, copyrights, trademarks or proprietary marks, and intellectual property rights owned by CRAB CORNER.
§ Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred, or physical harm of any kind against individuals or groups of individuals.
§ Upload content that offers materials or access to materials that exploit persons under the age of 18 in an abusive, violent or sexual manner.
§ Use the CRAB CORNER Site to recruit for other businesses, websites, or services, or otherwise contact users for employment, recruitment, or other purposes unrelated to the use of the CRAB CORNER Site as set forth herein.
§ Use the CRAB CORNER Site to collect usernames and/or e-mail addresses of users by electronic or other means.
§ Register under another user name or identity after your account has been terminated or closed.
You understand that all postings you make in the Community Areas will be public and that you will be publicly identified by your name or login ID when communicating in the Community Areas, and that CRAB CORNER will not be liable for the action of users concerning information or materials posted in the Community Areas.
CONTENT PROVIDED BY USER OR FREELANCER
CRAB CORNER may, in its sole discretion, permit you (whether User or FreeLancer) from time to time to submit, upload, post, or otherwise make available to CRAB CORNER through the CRAB CORNER Site written, audio, and/or visual information and content, which includes comments and feedback relating to the CRAB CORNER Site, initiating requests for assistance and posting entries for competitions and promotions (“Content”).
All Content provided by you remains your property. However, by providing Content to CRAB CORNER, you grant CRAB CORNER a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, reproduce, modify, distribute, publicly display and publicly perform such Content in any format and distribution channel now known or hereafter developed to provide services through the CRAB CORNER Site or otherwise in connection with CRAB CORNER’s business; provided that CRAB CORNER will attempt to notify you if it will use your Content for any purpose other than for publication on the CRAB CORNER Site.
You represent and warrant to CRAB CORNER that you are the sole and exclusive owner of all Content or that you have all rights, licenses, consents, and authorizations necessary to grant CRAB CORNER the license to the Content as set forth above, and that your Content:
§ Will not be false, inaccurate, incomplete, or misleading.
§ Will not be fraudulent or involve the sale of counterfeit or stolen goods.
§ Will not infringe any copyright, patent, trademark, trade secret, or other intellectual property right or any third party’s rights of publicity or privacy.
§ Will not violate any law, rule, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or deceptive advertising).
§ Shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing.
§ It shall not be obscene or contain child pornography or be harmful to minors.
§ Shall not contain viruses, Trojan horses, computer worms, logic bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
§ It will not give rise to any liability on the part of CRAB CORNER nor will it cause CRAB CORNER to lose (in whole or in part) the services of its Internet service providers or other partners or suppliers. CRAB CORNER may review, monitor, or remove Content in its sole discretion, but shall have no obligation to do so, at any time and for any reason, without notice to you.
DEVICES AND NETWORK ACCESS
You are responsible for obtaining the data network access necessary to use the CRAB CORNER Site. Your mobile network data and messaging rates and charges may apply if you access or use the CRAB CORNER Site from a wireless-capable device.
You are responsible for acquiring and upgrading compatible devices or hardware necessary to access and use the Applications and the CRAB CORNER Site and any upgrades made to them. CRAB CORNER does not warrant that the CRAB CORNER Site, or any portion thereof, will operate on any particular device or hardware. In addition, the CRAB CORNER Site may experience malfunctions or delays inherent in the use of the Internet and electronic communications.
PRICES AND MEANS OF PAYMENT
All our services are quoted in U.S. dollars.
PRICES AND SETTLEMENT
Concerning the prices of the services, the customer will be charged the prices outlined in the corresponding section, as offered on the website. Prices include value-added tax as provided by applicable laws in the United Mexican States (16%).
In addition to the purchase price, the customer shall be responsible for bearing all taxes incurred, including value added tax, consumption, use, privilege, ad valorem, customs, and any other taxes, levies, fees or similar charges, taxes imposed, or increased by any municipal, state, federal, international or any other nation’s law, rule, ordinance or regulation concerning the services sold to the customer. In the event Seller shall, for any cause whatsoever, become obligated to pay such taxes, Buyer shall, upon request, immediately refund such amounts to Seller. Customer shall provide, upon Seller’s request, any tax exemption certificate.
In addition, to the extent required by applicable laws in each country, customers agree to send us duly completed tax forms to enable us to make all required filings with the tax authorities.
PRICE CHANGES
We may change prices and/or introduce new charges in addition to the prices at our sole discretion with thirty (30) days prior written notice to the User.
Notwithstanding the foregoing, we may increase prices, immediately and with contemporaneous notice.
PAYMENT
The price of the services shall be paid in advance by credit card or another method of payment accepted on the website.
TERMS OF PAYMENT
To provide any service, it will be necessary to cover 100% of the amount including taxes.
PAYMENT METHODS
Payments may be made via credit card or debit card accepted.
We are not responsible for delays in our services in cases of fortuitous events or force majeure. Under no circumstances will CRAB CORNER pay penalties for delays in the delivery of our services.
INTELLECTUAL PROPERTY RIGHTS
All text, graphics, editorial content, data, formatting, graphics, designs, HTML language, look and feel, photographs, music, sounds, images, software, videos, typefaces, and other content (collectively, “Proprietary Material”) that you view or read through the CRAB CORNER Site is the property of CRAB CORNER, excluding Content that CRAB CORNER has the right to use as described above.
The Proprietary Material is protected in all forms, media, and technologies now known or hereafter developed. CRAB CORNER owns all of the Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Material as a Collective Work under the Copyright Act, as amended.
The Proprietary Material is protected by national and international copyright, patent, and other intellectual property laws and laws. You may not copy, download, use, redesign, reconfigure or retransmit any element of the CRAB CORNER Site without the express prior written consent of CRAB CORNER and, if applicable, the owner of the rights to the Content. Any use of this Proprietary Material, except as permitted hereunder, is expressly prohibited without the prior written permission of CRAB CORNER and, if applicable, the owner of the rights to the Content.
CRAB CORNER’s service marks and trademarks, including, but not limited to, CRAB CORNER and the CRAB CORNER logos are proprietary service marks of CRAB CORNER. Any other trademarks, service marks, logos, and/or trade names appearing on the CRAB CORNER Site are the property of their respective owners.
You may not copy or use any of these trademarks, logos, or trade names appearing on the CRAB CORNER Site without the express prior written consent of the owner.
COPYRIGHT CLAIMS AND COPYRIGHT AGENTS
CRAB CORNER respects the intellectual property of others and expects users to do the same. If you believe in good faith that any of the materials provided on or in connection with the CRAB CORNER Site infringe your copyright or other intellectual property rights, please send the information below to:
· Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement of ownership of the work, should be included.
· A statement that specifically identifies the location of the material that is alleged to be infringing, with sufficient detail for CRAB CORNER to find it on the CRAB CORNER Site. Please note that it is not sufficient to simply provide a top-level URL.
· Your name, address, telephone number, and e-mail address.
· A statement by you that you have a good faith belief that the use of the material that is claimed to be infringing your rights is not authorized by the copyright owner, its agents, or the law.
· A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
· A physical or electronic signature of the copyright owner or of the person authorized to act on the copyright owner’s behalf.
CONFIDENTIAL INFORMATION
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of CRAB CORNER and agree that you will not disclose, transfer, use (or attempt to induce others to disclose, transfer or use) Confidential Information for purposes other than disclosure to your authorized employees and agents who are obligated to maintain the confidentiality of Confidential Information.
You shall immediately notify CRAB CORNER in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of the Confidential Information. You shall use your best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and any copies of materials containing Confidential Information to CRAB CORNER upon the termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean all trade secrets and confidential and proprietary information of CRAB CORNER and all other information and data of CRAB CORNER not generally known to the public or other third parties who might derive value, economic or otherwise, from its use or disclosure.
DISCLAIMER OF LIABILITY
Products and services purchased or offered (whether or not by way of recommendations and suggestions) through the CRAB CORNER Site (including, without limitation, FreeLancer Services) (“CRAB CORNER Services”) are provided “as is” and without warranty of any kind by CRAB CORNER or others (unless, concerning such others only, expressly and unequivocally provided in writing by a designated third party for a specific product).
CRAB CORNER services are provided on an “as is” and “as available” basis. Your use of CRAB CORNER services is at your own risk. To the fullest extent permissible by applicable law, CRAB CORNER services are provided without warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or legality. Without limiting the foregoing, CRAB CORNER and its licensors do not warrant that the content is accurate, reliable, or correct; that the services will meet users’ requirements; that the services will be available at any particular time or location, uninterrupted or secure; that defects or errors will be corrected; or that the services are free of viruses or other harmful components. CRAB CORNER does not warrant the quality, suitability, safety, or ability of the FreeLancer.
You agree that the entire risk arising out of your use of the services and any services or products ordered in connection therewith is borne solely by you to the fullest extent permitted under applicable law. You agree that CRAB CORNER shall not be liable for your actions or omissions or the actions or omissions of any user or FreeLancer.
LIMITATION OF LIABILITY
CRAB CORNER shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including but not limited to loss of revenue, loss of data, personal injury or property damage, related to or arising out of your use of the services, even if CRAB CORNER has been advised of the possibility of such damages. CRAB CORNER shall not be liable for any damages, injury, or loss arising out of your provision of, use of, or reliance on the CRAB CORNER Services or your inability to access or use the CRAB CORNER Services; or any transaction or relationship between you and any FreeLancer, even if CRAB CORNER had been advised of the possibility of such damages. CRAB CORNER shall not be liable for delay or failure to perform resulting from causes beyond CRAB CORNER’s reasonable control. User acknowledges that Freelancers offering FreeLancer services may not have professional licenses or authorizations. In no event shall CRAB CORNER’s total liability to you in connection with the Services for all damages, losses, and causes of action exceed the total charges paid or received by you through CRAB CORNER during the six (6) months before the time the claim was filed.
CRAB CORNER’s services may be used by you to order and schedule logistics products or services with FreeLancer, but you agree that CRAB CORNER has no liability to you in connection with the logistics products or services offered to you by FreeLancer or concerning your use of the FreeLancer services (including failure to pay) other than as expressly outlined in these terms.
The limitations and disclaimer of liability outlined in Section 6 are not intended to limit liability or alter the rights of the User as a consumer which cannot be excluded under applicable law.
INDEMNITY
You agree to hold harmless and indemnify and hold harmless CRAB CORNER and its officers, directors, employees, and agents from any claims, demands, losses, liabilities, and expenses (including, without limitation, attorneys’ fees) arising out of or relating to:
· Your use of the CRAB CORNER Site or the services or products obtained or provided or sold through your use of the CRAB CORNER Site, including any data or content transmitted or received by you, or access to or use of the CRAB CORNER Site by a third party under your user name and password.
· Your breach or violation of any of these Terms or applicable laws, rules, or regulations (including, without limitation, tax or employment laws).
· CRAB CORNER’s use of your Content.
· Your violation of the rights of third parties, including FreeLancer and Users.
DISPUTES BETWEEN FREELANCERS AND USERS
Your interactions with organizations and/or individuals found on or through the CRAB CORNER Site, including payment and delivery of products and services, and any other terms, conditions, warranties, or representations associated with these communications are solely between you and such organizations and/or individuals.
You should conduct such investigations as you deem necessary or appropriate before proceeding with any online or offline transactions with any such third parties. You agree that CRAB CORNER shall not be liable for any loss or damage of any kind arising as a result of such communications.
If there is any dispute between Users and/or FreeLancer, or between Users and/or FreeLancer and any third party, you agree that CRAB CORNER, in its sole discretion, may determine the amount of the Charges and to whom to refer them, it being understood that CRAB CORNER shall in no event be obligated to become involved in such disputes. In connection with disputes with other Users or FreeLancer, you hereby agree to hold CRAB CORNER harmless from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, relating to such dispute or our determinations thereon.
GOVERNING LAW
These Terms shall be governed by and construed by the laws of the state of CRAB CORNER excluding its principles of conflicts of laws of Mexico.
NOTICES
CRAB CORNER may send notices using a general notice on the CRAB CORNER Site, or by email to the email address listed in your registration.
GENERAL
You may not assign these Terms without CRAB CORNER’s prior written approval. CRAB CORNER may assign these Terms without your consent to subsidiaries or affiliates; acquirers of equity, the business or assets of CRAB CORNER; or successors by merger.
Any attempted assignment that does not comply with this section will be void. No joint venture, partnership, employment, or agency relationship exists between you and CRAB CORNER as a result of this Agreement or your use of the CRAB CORNER Site. If any provision of these Terms is held invalid or unenforceable, such provision shall be eliminated and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law. The failure of CRAB CORNER to exercise any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CRAB CORNER in writing.
By clicking “I agree”, you expressly acknowledge that you have read, understood, and taken steps to seriously consider the implications of this agreement, that you agree to be bound by the terms and conditions of the agreement, and that you are legally competent to enter into this agreement with CRAB CORNER.
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