Terms of Use

Last Revised: March 7, 2017
Welcome to Croozen! These Terms of Use (“Terms”) govern your use of (a) www.gocroozen.com and any associated pages or sub-domains (the “Website”), (b) our mobile applications (the “Apps”), including any iOS application available via the Apple, Inc. App Store, and (c) any services provided in connection with the Website and the Apps (the “Services”, and collectively with the Website and the Apps, the “Platform”). The Platform is owned or controlled by Carla Technologies LLC d/b/a Croozen, a Texas limited liability company (“Croozen”, “us” or “we”). These Terms affect your legal rights and obligations, and describe your responsibilities, Croozen’s obligations and the liability of third parties related to the Services. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OR OUR PRIVACY POLICY LOCATED AT [www.gocroozen.com/privacy-policy] (“Privacy Policy”), DO NOT ACCESS OR USE THE PLATFORM.
You may use the Platform only if you (a) are 18 years of age or older, (b) reside in the United States or any of its territories or possessions and (c) can enter into a binding legal contract (only in compliance with these Terms and applicable laws). If you open an account on behalf of a company, organization, or other entity, then (x) “you” includes you and that entity, and (y) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS YOU SHOULD NOT ACCESS OR USE THE PLATFORM.

CHANGES TO THE TERMS

We may revise these Terms from time-to-time in our sole discretion, and the most current version will always be posted on our website at [www.croozen.com/terms-of-use]. If, in our sole discretion, we deem a revision to be material, we may notify you. You should check these Terms from time to time so you are aware of any revisions. By continuing to access or use the Platform, including use of the Services, after revisions become effective, you agree to be bound by the revised Terms. IF YOU DO NOT AGREE TO THE NEW TERMS, YOU MUST STOP USING THE PLATFORM. No access to the Services will be permitted unless the Terms are accepted in full. If a user does not agree to any portion of the Terms, such User may not use the Services or participate in any activities of the Platform.

TERMS OF SERVICE

Croozen is an internet-based online carpooling community for drivers and riders seeking to commute to a common destination. Croozen seeks to make the carpooling experience convenient, affordable, and enjoyable. The Platform provides the options for (a) a user to create, organize and share a car journey with another user in exchange for an agreed amount (“Drivers”) or (b) for a user to participate in a ride created by a Driver who agrees to pay the agreed amount (“Riders”). Any journey a Driver and one or more Riders have agreed to take through the App is referred to as a “Trip”. The fare amount agreed between Driver and the Rider(s) in relation to the Trip which is charged to Rider(s) as their split of the costs of the Trip is referred to as the “Fare”.
Croozen does not own or operate any vehicles booked through the Platform. The vehicles booked through the Platform are (a) owned and operated by Drivers or (b) owned by a third party which has authorized Driver to operate such vehicle, who are making their vehicles available as independent third party transportation providers. Croozen provides no representations or warranties regarding the vehicles operated by Drivers. Croozen is acting in a limited capacity as a payment provider to users of the Platform to collect and disburse payments from one user to another for a fee. Croozen also makes the Platform available to user(s) to facilitate communication related to Trips. These Terms apply generally to all types of users, except where a single user type is specifically referenced.
In the event that any User fails to comply with any of the Conditions, Croozen reserves the right, but not the obligation at its own discretion, to withdraw the User Account in question and suspend or withdraw all Services to that User without notice.
No Commercial Activity and Status of Croozen
The Platform is strictly limited to providing a service for Drivers and Riders to share rides in a private capacity. The Services may not be used to offer or share in rides for hire or for profit or in any commercial or professional purpose. The Platform is designed only to be used to offer or accept rides in exchange for sharing the cost of the Trip between the Driver and the Rider(s).
Users should be advised that using the Platform and offering Trips for hire or in a commercial or professional capacity may invalidate a Driver’s insurance and have adverse legal consequences. Croozen is not responsible for any loss or damage incurred by any user of the Platform as a result of any breach by a user of the Platform of the Terms, including any case in which a Driver offers a Trip through the Platform in a professional or commercial capacity. Croozen shall not be liable to any Driver or Rider for any losses or damages that result from such use of the Platform. Croozen reserves the right to immediately suspend the account of any user or restrict such user from accessing the Platform.
Status of Croozen
For the avoidance of doubt, Croozen does not provide transportation services of any type. The Platform is a communications platform for users of the Platform to connect to set up Trips and split expenses. Croozen is not involved in setting up Trips, establishing destinations or setting or monitoring timing for Trips. Croozen is not a party to any agreement, arrangement or transaction between users of the Platform and is not liable for any claim that arises between such users. Croozen is not an agent for any user.
Types of Booking and Payment
The Driver provides details of his or her Trip on the App, specifying date and time for departure and destination points, the amount of the Trip Fare per seat and all other relevant travel conditions.
The Rider books one or more seats in the car for that Trip from the App exclusively by clicking on the button « Join » (hereinafter, the “Booking”). Croozen will confirm the Booking through the App to the Driver and the Rider (the “Booking Confirmation”). Once a Booking is confirmed, the user will be sent a confirmation to their chat messenger of the App. Croozen will deduct a service fee from the Fare paid by Riders to Driver prior to remitting the net Fare amount to Driver (“Service Fee”).
All payments for Fares are processed by a third party using the preferred payment method designated in your user account. If your primary payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that a secondary payment method may be used, if available. All payments for Fares are final and non-refundable, unless otherwise determined by Croozen. Croozen reserves the right to establish, remove and/or modify the Service Fee or Fare amount for any Trip, at any time in our sole discretion. If either party cancels prior to the Trip, the money collected will be refunded to the appropriate party’s credit card by Croozen’s third party payment provider.
Neither Drivers nor Riders will have any recourse to Croozen for any aspect of the Trip or any related transaction including in the event of cancellation, last minute changes, failure by the Driver or the Rider to show up or non-payment of the Trip Fare.
Croozen has no obligation to contact either party and will take no other steps whatsoever than those described above to manage the booking. The operation of the Trip is solely managed by the respective Driver and Rider(s).
Please note that Croozen reserves the right to change any aspect of the Platform or the Service which may include adding new services (which may require additional payment) or withdrawing any existing Services. Croozen does not guarantee that the App will function at all times and Services may be suspended during such period when the App is not in operation. Croozen will not be liable to any users if the App is non-operational for any reason.
Croozen reserves the right to seek reimbursement from you, and you will reimburse Croozen, if Croozen discovers a fraudulent transaction, erroneous or duplicate transaction, or if Croozen receives a charge back or reversal from any Rider’s credit card company, or bank for any reason. You agree to and acknowledge Croozen’s right to investigate any and all transactions for fraud. Further, you agree to cooperate with any reasonable requests made by Croozen in an effort to investigate fraud. You agree that Croozen has the right to obtain such reimbursement by charging your account, deducting amounts from future transfers, charging your credit card or any bank account associated with your account, or obtaining reimbursement from you by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of your account.
Driver Obligations
The Driver agrees:

  • That the Trip shall not be for any fraudulent, unlawful or criminal purpose.
  • Driver shall not possess any firearm, whether or not legally permissible.
  • Driver shall not consume alcohol or illegal drugs.
  • Driver has the right to use the vehicle for the Trip, has a comprehensive insurance policy, which provides insurance cover to the occupants in the vehicle and covers third party liability, in an amount no less than is required by applicable law.
  • Driver shall pay a portion of the amount received from Riders as a Service Fee, as determined by Croozen.
  • That they will present themselves on time and at the place agreed with the specified vehicle, in accordance with the Booking;
  • That they will immediately inform all Riders of any change whatsoever to the Trip. If one or more Riders has made a
  • Booking and the Driver decides to change any aspect of the Trip, the Driver must contact all Riders who have made a
  • Booking in relation to that Trip and to obtain the agreement of all Riders to the change. If a Rider refuses the change, they are entitled to a full refund and without any compensation being paid to the Driver. [Driver may be subject to an additional fee for such cancellation.]
  • The Driver must wait for the Rider at the pickup point(s) for at least five minutes after the agreed time (however, the Rider is expected to be punctual).
  • Rider Obligations
  • The Rider agrees:
  • That the Trip shall not be for any fraudulent, unlawful or criminal purpose and Rider is not in possession of any illegal goods.
  • Rider shall not possess any firearm, whether or not legally permissible.
  • Rider shall not consume alcohol or illegal drugs.
  • That they will present themselves on time and at the place agreed with the Driver;
  • That they will immediately inform the Driver or Croozen if they are required to cancel a Trip.
  • The Rider agrees to wait at the pickup point(s) for at least 5 minutes after the agreed time for the Driver to arrive.
  • That they will pay the Fare.
  • That they shall ensure that all other persons who accompany the Rider in the Trip complies with these Terms as applicable to a Rider and Rider will be responsible for any non-compliance of such accompanying party.

If any Rider or Driver fails to comply with any of these Terms or any other conditions, Croozen reserves the right to keep information relating to the breach, to publish or disclose this information on the user’s online profile and to suspend or withdraw the user’s access to the Platform.
Insurance
The Driver represents and warrants at the time of any Trip, Driver has comprehensive insurance to cover third party liability, any Riders and the Trip. The Driver also represents and warrants that Driver has a validly issued driver’s license, Driver’s operation of the vehicle is in compliance with such license and applicable law and that the Driver will own or will be authorized to use the vehicle for the Trip. The Rider is entitled to reasonably request evidence of the Driver’s insurance, registration and driver’s license and at any time up to completion of the Trip.

WEBSITE TERMS

Accessing the Website and Account Security
We reserve the right to withdraw or amend the Platform at any time, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict or block access to the Platform.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.  You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive or messaging features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  We will not be responsible for any losses that result from your failure to provide correct and current information, which may include, but is not limited to, any losses related to lost or undeliverable items.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information.  You will be responsible for all activity associated with your account, including any fees incurred or conduct which violates our Intellectual Property Policy.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any of these Terms.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Croozen, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not:
  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Croozen. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Trademarks
Croozen’s name, the term “Croozen” and all related names, logos, product and service names, designs and are trademarks of Croozen or its affiliates or licensors.  You may not use such marks without the prior written permission of Croozen.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. In connection with your use of the Platform, you agree:

  • Not to violate any applicable federal, state, local or international law or regulation;
  • Not to send unsolicited or misleading messages, or otherwise use the Platform to send messages other than related to the Services;
  • Not to (or attempt to) exploit, harm, or collect the personal information of minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • Not to impersonate or attempt to impersonate Croozen, a Croozen employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
  • Not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm Croozen or users of the Platform or expose them to liability.
  • Additionally, you agree not to:
  • Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Platform for any purpose without the express permission of Croozen, including monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without the express permission of Croozen.
  • Use any device, software or routine that interferes with the proper working of the Platform;
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform;
  • Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack;
  • Otherwise attempt to interfere with the proper working of the Platform.
  • User Contributions

Anything that you submit for processing through the Platform or otherwise transmit or make available on our Platform are referred to as “User Contributions.”  You retain all rights in, and are solely responsible for, the User Contributions you transmit using the Platform.  All User Contributions must comply with the Terms.
We reserve the right to block, remove or modify User Contributions for any reason, including User Contributions that we believe violate these Terms or our policies.  We may retain your User Contributions for a commercially reasonable period of time for backup, archival, or audit purposes.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns and that all of your User Contributions will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Croozen, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.  We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions provided by you or any other user of the Platform.
Croozen may review, scan, and moderate the User Contribution messages exchanged with each other through the Platform in particular for fraud prevention, customer support purposes, enforcement of the contracts entered into with Croozen’s Users and ensure compliance with applicable law. For example, in order to prevent the circumventing of its Booking Service, Croozen may scan and analyze messages sent through the platform to check that they do not include any contact details or references.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

  • Your physical or electronic signature;
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the
  • Services, a representative list of such works;
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the written notice is accurate;
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:
Copyright Agent
Croozen
PO Box 84752
Pearland, TX 77584
contact@gocroozen.com
It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.
Monitoring and Enforcement; Termination
We do not control the User Content posted via the Platform.  However, we have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS CROOZEN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CROOZEN OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CROOZEN OR LAW ENFORCEMENT AUTHORITIES.

MISCELLANEOUS

Geographic Restrictions
The owner of the Platform is based in the state of Texas in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE PLATFORM, OR ON ANY WEBSITE LINKED TO THE PLATFORM.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CROOZEN NOR ANY PERSON ASSOCIATED WITH CROOZEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CROOZEN NOR ANYONE ASSOCIATED WITH CROOZEN REPRESENTS OR WARRANTS THAT THE WEBSITE, THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CROOZEN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
CROOZEN DOES NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE ANY USERS OF THE PLATFORM OR WARRANT ANY SERVICES PROVIDED BY SUCH PARTIES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
Croozen shall not be liable for any loss or damage arising from the use of the Services, including but not limited to as a result of:

  • A false, misleading, inaccurate or incomplete information being provided by a user;
  • The cancellation of a Trip by a Driver or Rider;
  • Any failure to make payment of a Fare;
  • Any fraud, fraudulent misrepresentation or breach of duty or breach of any of these Terms by a Driver or Rider before, during or after a Trip.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF CROOZEN, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) UNDER THESE WEBSITE TERMS EXCEED $100. IN NO EVENT WILL CROOZEN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold harmless Croozen, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to services and products other than as expressly authorized in these Terms or your use of any information obtained from the Platform.
Governing Law and Jurisdiction
All matters relating to the Platform and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and Harris County, Texas.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
If any controversy, allegation, or claim arises out of or relates to the Services or these Terms, including, but not limited to, claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Claim”), then either you or Croozen may elect to submit the Claim to be finally and exclusively resolved by binding arbitration before a sole arbitrator in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.  If an in-person arbitration hearing is required, then it will be conducted in Houston, Texas; but if the applicable arbitration rules or laws require the arbitration to be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Claim is submitted to arbitration, Croozen will have the right to elect to proceed to arbitration in such location.  If the value of the relief sought is $10,000 or less, you or Croozen may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Croozen subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and/or Croozen, unless the arbitrator requires otherwise.
All parties to the arbitration will have the right, at their own expense, to be represented by an attorney or other advocate of their choosing.  You and Croozen will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Croozen to pay a greater portion or all of such fees and costs in order for this Agreement to Arbitrate to be enforceable, then Croozen will have the right to elect to pay the fees and costs and proceed to arbitration.
In arbitration, as with a court, the arbitrator must honor the terms of these Terms and can award the prevailing party damages and other relief (including attorneys’ fees).  However, WITH ARBITRATION (i) THERE IS NO JUDGE OR JURY, (ii) THE ARBITRATION PROCEEDINGS AND ARBITRATION OUTCOME ARE SUBJECT TO CERTAIN CONFIDENTIALITY RULES, AND (iii) JUDICIAL REVIEW OF THE ARBITRATION OUTCOME IS LIMITED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A CLAIM AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES OR IT WILL BE FOREVER BARRED.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT NO ARBITRATION MAY BE JOINED WITH ANY OTHER; THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A REPRESENTATIVE OR CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Attorneys’ Fees
You agree to pay reasonable attorneys’ fees and court costs incurred by Croozen in enforcing Croozen’s rights under this agreement.  Should this portion of the agreement be found unenforceable under the law, all remaining provisions will continue to be valid and enforceable without exception.  You recognize and understand that Croozen is operating in a limited capacity as an agent for the parties, and furthermore agrees to indemnify and hold harmless Croozen and Croozen’s agents from any damages not directly a result from Croozen or Croozen’s agent’s actions.
Waiver and Severability
No waiver of by Croozen of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Croozen to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Croozen with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
Comment and Concerns
All feedback, comments, requests for technical support and other communications relating to the Website should be directed to [contact@gocroozen.com].