Effective Date: November 3, 2017.
Terms and Conditions of Use
YOUR (“YOU,” “YOUR” OR “CUSTOMER”) ACCESSING, USING AND/OR SUBMITTING INFORMATION TO THIS WEBSITE (THE “SITE”) CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF USE PROVIDED HEREIN (THE “TERMS”). IF YOU DO NOT AGREE WITH ALL OF THE TERMS, DO NOT ACCESS, USE OR SUBMIT INFORMATION TO THIS SITE. NATA COMPLIANCE SERVICES, LLC, AND/OR ITS AFFILIATES (AS DEFINED BELOW) (COLLECTIVELY, “CREWID™”) OWN THE CREWID™ BRAND AND THE SITE AND MAY MODIFY THESE TERMS AT ANY TIME BY POSTING THEM ON THE SITE, AS WELL AS DISCONTINUE, WITHDRAW, REPLACE OR CHANGE ANY CONTENT, PRODUCTS OR SERVICES OFFERED VIA THIS SITE AND YOUR CONTINUED USE OF THE SITE THEREAFTER CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
The Site provides a crew identification badge issuance and real-time verification system designed with security features for use by crew administrators and their crew personnel to purchase verifiable crew identification badges and obtain expedited crew credential verification and access as well as product and/or service discounts at participating airports, restaurants, hotels and/or other participating businesses. CrewID™ provides the CrewID™ badges and verification services (each, a “Service” and collectively, the “Services”) via this Site subject to the Terms stated below. Please read these Terms carefully before accessing, using or submitting information to this Site. By accessing, using or submitting information to this Site, you agree to be bound by all of the Terms.
In consideration of the mutual promises contained in these Terms, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows:
1. Services. CrewID™ will provide via the Site a system for ordering CrewID™ crew identification badges and crew badge verification services as Customer may from time to time request and pay for, subject to these Terms and any schedules, exhibits and order forms referred to herein.
A. Creation of Customer Account and Designation of Customer Program Administrator. Prior to the commencement of CrewID™’s provision of CrewID™ badge issuance services, Customer shall apply for a Customer account online via the Site and designate a Customer Program Administrator (the “Customer Program Administrator”) who shall serve as Customer’s designated contact for the Services. The Customer Program Administrator shall be an employee of Customer and shall have signing authority for Customer with respect to CrewID™ badge applications, receive communications from CrewID™ relating to the CrewID™ badge program and be responsible for CrewID™ badge audits, badge returns and badge renewals and replacements. The maximum number of Customer Program Administrators is limited to three (3) individuals per customer. CrewID™ will perform verification that the company is in good standing and not on watchlists that CrewID™ uses to vet companies. CrewID™ will notify Customer’s designated Customer Program Administrator once the foregoing requirements have been successfully completed or if Customer Program Administrator or crew personnel fail to meet the CrewID™ badge program requirements. Customer hereby represents, warrants and covenants to CrewID™ that the Customer Program Administrator has, and shall at all times have the requisite authority to (i) transmit information, directions and instructions on behalf of Customer and the individual crew members for which CrewID™ badges are ordered, including, without limitation, such individuals’ personal and credentialing information as well as instructions to deactivate CrewID™ badges, and (ii) issue, execute, grant or provide any approvals, requests, notices or other communications required or permitted under these Terms or requested by CrewID™ in connection with the Services. Customer acknowledges and agrees that Customer is solely responsible for all verification and vetting of all individuals for which CrewID™ badges are ordered, and represents and warrants to CrewID™, with respect to each individual for which CrewID™ badges are ordered, that Customer has appropriately vetted such individual and that such individual complies and shall comply with all applicable legal and International Civil Aeronautics Organization (“ICAO”) requirements as well as CrewID™’s requirements for CrewID™ badge issuance and use.
C. CrewID™ Badge Verification. CrewID™ badge verification and validation is provided via the Site’s CrewID™ badge validation page where users can validate CrewID™ badges by entering the applicable CrewID™ badge numbers and a validation or captcha code. If the badge number entered corresponds to a valid CrewID™ badge, the validation page will display the corresponding crew members’ photograph and CrewID™ badge expiration date.
2. Use of the Site and CrewID™ badges. All use of this Site, the CrewID™ badges and the Services is subject to and must comply with these Terms and all applicable laws and regulations. Badge holders may be subject to additional security measures and procedures imposed by airports and participating businesses, as well as the Transportation Security Administration, foreign counterpart agencies and other government and/or law enforcement agencies. Customer is solely responsible for determining what additional requirements are applicable and for complying with such requirements. Customer and its crew personnel are solely responsible for complying with all legal, regulatory, contractual and other requirements with respect to aircraft, airport, crew and other related credentialing, identification, facility access and other requirements applicable to their operations and activities, and shall be solely responsible for obtaining and maintaining all necessary third party licenses, consents, approvals and authorizations. All badges are licensed, not sold, and remain the property of CrewID™. Customer must collect all badges issued to a Customer crew member on the date that such crew member’s employment or engagement by Customer is terminated, and must deactivate the applicable badges online and provide written notification to CrewID™ of such termination and deactivation within twenty-four (24) hours after the date of such termination. Lost, damaged or stolen CrewID™ badges must be reported immediately to CrewID™ and Customer’s Customer Program Administrator must immediately access its CrewID™ account and deactivate such badges. All lost CrewID™ badges shall be returned to CrewID™ upon being found. CrewID™ badge holders and/or the Customer’s Customer Program Administrator shall be solely responsible for tracking badge expiration dates and requesting new badges at least thirty (30) days prior to the expiration. Badges that are not renewed prior to expiration will be deactivated and shall no longer be valid and may not be used for access or identification. Failure to renew a badge prior to expiration may result in having to complete the new badge issuance process and assessment of additional fees. Any changes to crew member names or other identification information must be reported to CrewID™ prior to the next use of the applicable badge(s) for any purpose, and may require issuance of a new badge in accordance with the badge issuance procedures set forth herein. Customer represents and warrants that it and its crew members are in compliance with all pre-hiring procedures and practices that are required by the ICAO, Federal Aviation Administration, the Transportation Security Administration and applicable laws and regulations, including, without limitation, those applicable to security vetting of crew members in the country you operate. Customer shall at all times maintain complete, accurate and up to date records regarding its crew members and their employment and termination. Customer shall be solely responsible for, and shall indemnify CrewID™ and its affiliates and their respective officers, directors, employees, contractors, agents and other representatives with respect to any claim, loss, expense or damages (including, without limitation, any fines, penalties or other sanctions issued by government agencies or other third parties) as a result of Customer’s failure to comply with these Terms and any applicable legal or third party contractual requirements.
As a condition of Customer’s use of the Site and the CrewID™ badges provided via the Site, Customer represents, warrants and covenants to CrewID™ that neither Customer nor its personnel will use the Site or such CrewID™ badges for any purpose that is unlawful or prohibited by these Terms. Customer may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. By way of example, and not as a limitation, Customer agrees that it shall not, and Customer shall cause its Customer Program Administrator and all of its individual crew members for which CrewID™ badges are ordered, supplied and/or used to not:
-Provide false, incorrect, inaccurate or misleading information or crew member photographs, whether as part of the Customer registration process, CrewID™ badge ordering and issuance, CrewID™ badge verification or otherwise.
-Order any CrewID™ badges for any individual that is not an active duty crew member in good standing and employed or engaged by Customer, or permit any individual to retain possession of any CrewID™ badges after their employment or engagement by Customer ceases, regardless of the reason for such cessation.
-Deface, tamper with, damage (other than ordinary wear and tear), compromise, modify or attempt to circumvent any security features of the CrewID™ badges or the Services.
-Reproduce any CrewID™ badges.
-Use any CrewID™ badges to attempt to gain access to any flight, facility or other location requiring other credentials, identification or authorization unless such other credentials, identification and authorization are obtained and provided.
-Use any CrewID™ badges as a substitute for or in lieu of any government-issued identification badge or other official government-issued credential for any purpose or situation in which a government issued identification badge or other credential is required.
-Allow any individual other than the crew member to whom the applicable CrewID™ badge was duly issued in accordance with the requirements hereof to wear or otherwise use such CrewID™ badge.
-Use any CrewID™ badge for personal or off-duty activities other than use for product or service discounts at participating airports, restaurants and/or other participating businesses.
-Except for CrewID™ badge verification information obtained via the Site on a per-badge basis, harvest or otherwise collect information about others.
-Send viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or third party systems.
-Defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
-Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
-Restrict or inhibit any other user from using and enjoying the Site.
-Use a robot, spider or other automated device, process or means to access the Site.
-Violate any applicable laws or regulations.
-Attest to information on behalf of another person.
-Use another person’s login information or login credentials to access the site.
-Use the Site for the purpose of obtaining information regarding CrewID™’s business and/or the Site’s functions and features in order to create a business, product, service or site offering the same or substantially the same products and/or services.
CrewID™ shall have no obligation to monitor the usage of the Site. However, CrewID™ reserves the right to review any communications or submissions directed to the Site and to remove any of same in its sole discretion. CrewID™ reserves the right to terminate your access to the Site at any time without notice for any reason whatsoever. CrewID™ further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any content, in whole or in part, in its sole discretion.
Site content is subject to limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations. You may not use the Site or its content to send unsolicited e-mail to any recipient that has not specifically made its e-mail available for such purposes. The forwarding or propagation of chain letters of any type (including charity requests or petitions for signatures) is prohibited. “Mailbombing” (i.e., flooding the site with large or numerous e-mail messages) is prohibited. The Site may contain links to other third party websites (“Linked Sites”) or frames of other third party website screens (“Framed Sites”). The Linked Sites and Framed Sites are not under CrewID™’s control and CrewID™ is not responsible for their contents, including without limitation, any link contained in a Linked Site or Framed Site, or any changes or updates to a Linked Site or Framed Site. CrewID™ is not responsible for webcasting or any other form of transmission received from any Linked Site or Framed Site. Any such links or frames are provided only as a convenience, and the inclusion of any link does not imply endorsement by CrewID™ of the Linked Site or Framed Site or any association with or its operators.
You agree to defend, hold harmless, release and indemnify CrewID™ from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any representation, warranty or obligation contained in these Terms, violation of any applicable laws, regulations or other legal requirements, as well as any violation of any contractual requirements You may have with third parties, or otherwise in any way resulting from your use of the Site, the availability or unavailability of this Site, the Services, CrewID™ badges, any products or services provided by third parties or any discounts obtained using the CrewID™ badges, or any information provided on this Site. You agree to release and hold CrewID™ harmless from any claims relating to any action taken by CrewID™ as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred.
3. Invoicing and Payment for Services. Customer shall submit payment with requests, along with the required documentation and/or data. Any additional costs or pass through expenses shall be paid within 5 days of the date of invoice. CrewID™ may increase prices at any time. Customer agrees to pay 1.5% per month for any fees or other charges not paid when due. If Customer requests additional services not specified in this Agreement, and CrewID™ agrees to provide such services, (i) such services will be subject to these Terms, and (ii) unless otherwise agreed to in writing, Customer will pay CrewID™’s then prevailing fees for such services. In the event that, due to changes in legal requirements in connection with the Services, CrewID™ is required to provide additional services not otherwise included in the Services, such additional services shall be provided subject to additional charge. In addition, if any change in the implementation of the Services occurs that requires CrewID™ to devote resources, expend time or otherwise incur costs not contemplated by these Terms, Customer agrees to pay such additional costs. Customer will pay to CrewID™ all applicable sales, use, excise, gross receipts, or other taxes, surcharges, duties or other charges levied or based on these Terms, exclusive of taxes based on CrewID™’s net income. All payments are non-refundable unless otherwise agreed to in writing by CrewID™.
5. Termination. Either party may choose to terminate Customer’s use of the Services for any reason by providing ten (10) days’ advance written notification. CrewID™ may also terminate Customer’s use of the Services or suspend same at any time with or without advance written notice, with or without cause, and its total aggregate liability, if any, with respect thereto, shall not exceed the amount of any fees paid to CrewID™ in advance for Services not yet provided as of the effective date of termination. Termination of Customer’s use of the Services does not relieve either party of the responsibilities and obligations outlined herein and in all exhibits and attachments for any and all activity occurring prior to termination. Upon termination of Customer’s use of the Services, all CrewID™ badges issued to Customer will be deactivated and shall be returned by Customer to CrewID™, all rights granted to Customer hereunder will become null and void, Customer shall have no further right to access or use the Services, and CrewID™ shall have no further duties or responsibilities to Customer with respect to the Services.
6. Negation of Liability/Warranty. CrewID™ and its affiliates and their respective officers, directors, managers, employees, contractors or other representatives shall not be liable to Customer, the Customer Program Administrator or Customer’s crew members or any person claiming through them or to any third party receiving badge validation data for any loss, injury or other damages arising out of or caused in whole or in part by CrewID™ or any of its affiliates or other third parties relating to the Services, the CrewID™ badges or these Terms. Customer acknowledges that every business decision involves the assumption of risk, and neither CrewID™ nor third parties assume that risk in any manner. If notwithstanding the foregoing, liability can be imposed on CrewID™ or a third party, then Customer agrees that CrewID™ and/or third parties aggregate liability for any and all losses or injuries to customer arising out of any act or omission of CrewID™ and/or third parties in connection with anything to be done or furnished under these Terms, regardless of the cause of the loss or injury (including negligence) and regardless of the nature of the equitable or legal right claimed to have been violated, shall never exceed all fees paid by Customer for specific Services performed to which the claims relate during the previous three (3) months. IN NO EVENT WILL CREWID™ BE RESPONSIBLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES IN CONNECTION WITH THE SERVICES OR CREWID™ BADGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Each of CrewID™ and Customer will use reasonable efforts to mitigate any potential damages or other adverse consequences arising from or related to the Services. Nothing in these Terms is intended to limit either party’s obligation to mitigate damages.
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, CREWID™ EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERRUPTION OF SERVICES, AND FREEDOM FROM ERRORS WITH RESPECT TO THE SERVICES OR CREWID™ BADGES.
CrewID™ shall not be liable for any delay or failure to perform under these Terms resulting, directly or indirectly, from strike, fire, war, insurrection, riot, power failure, telecommunications network system failures, congestion, delays or interruptions or any events, circumstances or causes beyond CrewID™’s reasonable control. In case of errors or lost data caused by power failure, mechanical difficulties with information storage and retrieval systems, or other events not attributable to its own negligence or willful misconduct, CrewID™’s sole obligation will be to use its reasonable efforts to correct same if and as reasonably practicable.
7. Waiver and Amendment. The failure of CrewID™ to enforce at any time, or from time to time, any provisions of these Terms shall not be construed as a waiver thereof. These Terms may be amended by CrewID™ at any time by posting the amended Terms on the Site, and such amended Terms shall become effective upon such posting and shall supercede all prior versions of the Terms. No waiver by CrewID™ is valid unless given in writing signed by an authorized officer of CrewID™.
8. Validity of Terms, Arbitration, Choice of Law. If any term or provision of these Terms shall be held to be void, illegal, unenforceable or in conflict with any law of a federal, state, or local government having jurisdiction over these Terms, the validity of the remaining portions or provisions of these Terms shall not be affected thereby. The prevailing party shall be entitled to payment from the other party of the prevailing party’s reasonable attorneys’ fees and costs in any action arising out of or from these Terms. Both parties agree to submit any and all unresolved disputes or claims relating to these Terms or the Services or otherwise relating to CrewID™ badges to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and hereby waive any other types of action, except that CrewID™ may also seek injunctive relief, specific performance or other equitable relief without arbitration at any time by filing an action for same in a state or federal court of competent jurisdiction, including the courts located in Martin County, and Customer hereby irrevocably consents and submits to personal jurisdiction in said courts with respect to such proceedings. These Terms shall be construed and interpreted solely in accordance with the laws of the State of Florida without resort to choice of law rule. Any such arbitration shall be conducted in the State of Florida, County of Martin.
9. Notices. Whenever any notice is required or authorized to be given hereunder, it shall be sent via email to firstname.lastname@example.org if sent by Customer, or shall be sent by email or shall be posted on the Site or other applicable CrewID™ website, if sent by CrewID™.
10. Exhibits. Any exhibits, schedules or other documents referred to herein are included as part of these Terms and are incorporated herein. These Terms and the exhibits, schedules, together with all attachments hereto/thereto, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, proposals, understandings and representations, written or oral, with respect to the terms and conditions hereof.
11. Miscellaneous. Customer shall not use CrewID™’s names or marks without CrewID™’s prior written consent. The security of transmissions over the Internet cannot be guaranteed. CrewID™ is not responsible for (i) Customer’s access to the Internet, (ii) interception or interruption of communications through the Internet, or (iii) changes to or losses of data. In order to protect Customer’s data, CrewID™ may suspend Customer’s use of the Services immediately, without notice, pending an investigation, if any breach of security is suspected.
Within ten (10) days following CrewID™’s request, Customer shall make available to CrewID™ for audit such records as CrewID deems necessary under any audit requirements of governmental data sources and consumer reporting agencies for which CrewID™ is a reseller, and to review Customer’s compliance with all applicable laws and regulations relating to the Services being provided to Customer. As used herein, “affiliate” means any person or entity directly or indirectly controlling or having the power to control, or controlled by or being under common control with another person or entity. For this purpose, “control” means the direct or indirect possession of power to direct or cause the direction of the management or policies of such party, whether through ownership or stock or other securities, by contract or otherwise. Ownership of more than fifty percent (50%) of the beneficial interest of an entity shall be conclusive evidence that control exists.
Changes and Updates to these Terms
We reserve the right to modify these Terms at any time, so please review it frequently. Access and/or use of the Site following any modifications to these Terms constitutes your agreement to follow and be bound by these Terms as changed.
Date Last Modified: These Terms were last modified on November 3, 2017.
Address: 9400 Gateway Drive, Suite D, Reno, NV 89521
Please contact Company with any questions or comments about these Terms and Conditions of Use by emailing email@example.com.
BY MY ACT OF ACCESSING, USING AND/OR SUBMITTING INFORMATION TO THIS WEBSITE, I ACCEPT ALL OF THE FOREGOING TERMS.