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These terms and conditions outline the rules and regulations for the use of Crowdcreate services.
Crowdcreate is located at 555 W 5th Street, FL35, Los Angeles, CA 90013
TERMS OF SERVICE AGREEMENT Last Revised: January 1, 2021
This Agreement sets forth the terms and conditions that apply to your access and use of the Website owned and operated by Crowdcreate and related services.
The following terms and conditions apply to your retention of Crowdcreate, a California
corporation, (“we”, “our” and “us”) as an outreach services consultant. If any information provided by you is untrue, inaccurate, not current, or incomplete, we have the right to terminate your account and refuse any and all current or future use of the Service. You represent and warrant that you will not engage in any activities: that constitute or encourage a violation of any applicable law or regulation, including but not limited to the sale of illegal goods or the violation of export control or obscenity laws; that defame, impersonate or invade the privacy of any third party or entity; that infringe the rights of any third party, including but not limited to the intellectual property, business, contractual, or fiduciary rights of others.
Crowdcreate reserve the right to refuse or terminate Service provided to you if we believe, in our sole discretion that you:
(1) offers for sale goods or services, or uses or displays Information that is illegal, obscene, vulgar, offensive, dangerous, or is otherwise inappropriate;
(2) has become the subject of a government complaint or investigation; or
(3) has violated or threatens to violate the letter or spirit of the Agreement.
We will provide you with outreach services in accordance with the particular package that you select. You will be assigned one of our project management professionals (we reserve the right to change or substitute individuals in the course of the assignment) who will implement a strategy to improve exposure for your products or services. Our work for you under this agreement will be limited to the scope of work described in the package you selected. We would be pleased to offer you assistance in other matters as you may request, but such additional services shall be at an additional cost to be mutually agreed upon. Any change in the terms and conditions of this agreement or engagement for additional services shall be set forth in writing prior to performing those services. While we will work hard for you, we cannot guarantee any particular result, nor can we promise positive coverage or investment amount, because it is not within our control. Nevertheless, we will work to implement strategies that, based on our experience, should lead to successful branding and exposure.
We are committed to serving you and helping you achieve your desired results. We encourage you to review regularly with us any and all comments and suggestions you may have about our services.
Crowdcreate shall act solely as an independent contractor and shall have no power or authority to act for, bind, or commit Client in any manner. This Agreement does not create an association, joint venture, or partnership between the parties, nor impose any partnership liability upon either party. Crowdcreate acknowledges that it is not entitled to any benefits of employment from Client and represents that it will pay all fees and taxes required by law to perform Crowdcreate’s obligations under this Agreement.
You shall pay a Recurring Monthly Fee in an amount described in your package and such amount will be charged to the Client’s credit card every month. You agree to pay us that monthly fee for the term of this agreement. All fees must be made using Credit Card via the Web Portal/Wire Transfer/BTC/ETH, or bank transfer. Should payment not be received by Crowdcreate as set forth here, the Client understands that Crowdcreate will suffer serious and irreparable harm. There are no rights to chargebacks or refunds during the term of this agreement, for any reason. Failure to pay our fees as required may, at our discretion, result in the suspension of any or all service to you until payment is received, and may result in termination of the agreement. We incur no liability to you for such suspension or termination. If we must retain counsel to enforce this agreement, you shall be responsible for all such costs and expenses including reasonable attorney’s fees.
You shall be responsible for reviewing and approving the dissemination of information and materials released on your behalf when requested by us. You shall be responsible for the accuracy, completeness, and legal compliance of the information about you that you provide or approve for our use. Crowdcreate also has the right to take information from your website, materials provided, and feedback provided by you in outreach service efforts. Crowdcreate is not required to distribute information written and prepared by you as we have been hired to implement our expertise and professionally written pitches and outreach prospects are up to our discretion. Crowdcreate is not responsible for the final features and details the media chooses to publish and we are not liable for any mistakes by the media. Crowdcreate is not responsible for closing any amount of investments. Client acknowledges that if they have confidential information, they will not share this with Crowdcreate. While Crowdcreate will do all we can to understand what information you would like shared to prospects and what information you would not like published, Crowdcreate is not necessarily aware of what you deem as confidential, and if the Client shares this information with us, the information may be included in our outreach campaigns.
You agree to indemnify us against any and all damages sustained as a result of any Materials Claims arising from any such materials that were approved by, or prepared based upon information provided by, you or any of your employees, agents, or independent contractors. In addition, you shall indemnify us against any and all damages sustained as a result of your breach of this agreement or your negligence or intentional misconduct in connection with this agreement. The foregoing indemnification provisions in favor of you and us are intended to extend to and cover your and our respective officers, directors, agents, and employees.
You shall pay a Recurring Monthly Fee in an amount described in your package and such amount will be charged to Company’s credit card every month on the date of your official Kickoff, with the first payment due on the Start Date. You agree to pay us that monthly fee for the term of this agreement which includes your minimum term which goes month to month. There are no rights to chargebacks or refunds during the term of this agreement, for any reason. We may charge you costs and out-of-pocket expenses if you authorize us to incur those. Failure to pay our fees as required may, at our discretion, result in the suspension of any or all service to you until payment is received, and may result in termination of the agreement. We incur no liability to you for such suspension or termination. If we must retain counsel to enforce this agreement, you shall be responsible for all such costs and expenses including reasonable attorney’s fees.
You will be billed each month on the date of your Kickoff for the upcoming month’s subscription.
Clients are allowed to cancel services only after they fulfill their minimum term agreement which goes month to month after their minimum term until they proactively cancel. It is the Client’s responsibility to cancel their subscription at the end of the month’s engagement. Either party may elect not to continue this Agreement after the minimum term upon 30-days written notice. Any such notice of termination or non-renewal shall state the amount of advance notice being given also state the effective date of such termination or non-renewal. If you fail to cancel before the beginning of the next month’s services you will be billed for the next month’s monthly fee and no refunds will apply. If the Client fails to cancel by the beginning of the next month’s services the Client will be billed for the next month’s subscription and no refunds will apply. Note that after the minimum required term, the partnership goes month to month unless you proactively cancel. Notwithstanding the foregoing, we may cancel this agreement and cease providing services at any time upon prior written notice, with or without reason. Crowdcreate does not allow clients to pause their subscription in between the 90-day period, the engagement will continuously run until the next month’s period starts.
If we get into a dispute, we will first try to settle the dispute amicably through discussion and negotiation. If that fails, any claim arising out of or related to this Agreement shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator or arbitrators may be entered in any court having jurisdiction thereof. In no event shall either of us be liable to the other for any punitive, incidental, consequential, or other special damages in connection with any claim arising out of or related to this contract. In no event will the aggregate liability which either party may be obligated to pay to the other as a result of any action or proceeding exceed $50,000, plus any attorneys’ fees that may be awarded.
Clients signed up for one-time promotional services will be authorized to use the Crowdcreate System during the designated length of the promotion. Once the promotion is over the client will be removed from the system and will no longer receive prospect requests via the system or directly from Crowdcreate representatives. One-time Clients will be allowed to continue to receive sample requests and utilize the system only if they sign up as full-time Crowdcreate Client. One-Time Clients will not be billed monthly unless they signed up on a monthly program.
Crowdcreate Clients are responsible for providing all of their information by the given deadline or we maintain the right to create, approve and distribute information ourselves. It is the Client’s responsibility to check e-mails and announcement notifications that indicate the mandatory deadline. If the Client fails to provide information by the given deadline, no refunds will be awarded if they are dissatisfied with the content Crowdcreate provides and Client will release, indemnify, and hold harmless Crowdcreate as well as all our employees, agents, representatives, successors, etc. from all losses, claims, theft, demands, liabilities, causes of action, or expenses, known or unknown, arising out of outreach services representation.
Crowdcreate will not be held responsible for the success of your company. While we are here to get your project and name in front of prospects and partners we do not guarantee results. It is the responsibility of the client to provide the most up-to-date information possible.
This agreement (1) may not be assigned by either of us without the prior written consent of the other; (2) shall bind and benefit each of us and our respective permitted successors or assigns; (3) supersedes any previous contracts, understandings, or discussions with respect to its subject matter, (4) is an integrated contract that may be amended only in a written document signed by the parties, and (5) the parties consent to the exclusive jurisdiction of the courts (and AAA arbitration panel) located in Los Angeles, California.
Client agrees that during the term of this Agreement and one (1) year following the termination of this Agreement, Client shall not solicit any Crowdcreate employee or contractor for the purpose of hiring, and if Company does so, Client will pay Crowdcreate the previous six (6) months’ salary of such employee or contractor.
All services require a minimum standard 5 business day onboarding period from the date payment has been received to the official Kickoff date.
Crowdcreate is a consultant that offers general outreach services, strategy, and public relations outreach for businesses. Crowdcreate is not a registered or licensed broker, dealer, broker-dealer, investment adviser, investment manager, or funding portal in any jurisdiction, nor does Crowdcreate engage in any activities that would require any such registration.
Crowdcreate occasionally assists clients during periods in which those clients are launching or running equity crowdfunding campaigns; however, Crowdcreate does not endorse any security, and its services to or statements about its clients should never be construed as any endorsement of or opinion about any security of any client or the prospects of a client’s future performance. No communications by Crowdcreate are or should be construed as an offer to sell, or a solicitation of an offer to buy or subscribe for, any securities.
Crowdcreate does not verify, and makes no warranty, express or implied, regarding, the accuracy or completeness of information concerning its clients. Neither Crowdcreate nor any of its managers, members, employees, representatives, affiliates, or agents shall have any liability arising from or relating to any inaccuracy or incompleteness of any fact or opinion in any materials or communications regarding any of its clients.
By signing this agreement, I agree to release, indemnify, and hold harmless Crowdcreate as well as all their employees, agents, representatives, successors, etc. from all losses, claims, theft, demands, liabilities, causes of action, or expenses, known or unknown, arising out of outreach representation. Client will fully protect and indemnify Crowdcreate from any claim of infringement or violation of any copyright, patent, trademark or other right of any kind of any person, or any claim of libel or slander, relating to any materials supplied by Client, its employees, agents, members or guests, or any materials as to which Client is responsible for securing any necessary or desirable permissions and published media.