Terms of Service

Your Acceptance

These terms of service are an agreement (“Agreement”, “Terms”, or “Terms of Service”) between Crew Beacon LLC (“CrewBeacon”), the operator of "*.crewbeacon.com" properties and "*.meterdefender.com" properties, the CrewBeacon work management software, and corresponding CrewBeacon web service and mobile applications (collectively, the “CrewBeacon Service”, or the “Service”), and You the individual user of the Service ("you").

If You choose to not agree with any of these terms, you may not use the Service.

CrewBeacon Authorization

You understand that the governing business relationship is between CrewBeacon and CrewBeacon’s client entity that authorized your use of the Service (“Client”).

The Client may grant or revoke your authorization to the Service at any time and for any reason. CrewBeacon may only revoke your authorization to the Service for violations of this Agreement, or any other agreement in effect.

Your access to the Service will also be revoked if the business relationship between CrewBeacon and the Client dissolves.

CrewBeacon Access

A. Subject to your compliance with these Terms of Service, CrewBeacon hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your official business use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with this Agreement; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without CrewBeacon’s prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide CrewBeacon with information including, but not limited to, your name and email address and mobile phone number. You expressly acknowledge and agree that in order to provide the Service, CrewBeacon may periodically access your camera roll, contact list, and/or address book on your mobile device. You hereby give your express consent to CrewBeacon to access your camera roll, contact list, and/or address book for mobile phone numbers in order to provide and use the Service. You must notify CrewBeacon immediately of any suspected breach of security or unauthorized use of your mobile phone or the Service. CrewBeacon will not be liable for your losses caused by any unauthorized use of your account. You may be liable for the losses of CrewBeacon, the Client, or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the CrewBeacon servers in a given period of time than a human can reasonably produce in the same period by using a CrewBeacon application, and you are forbidden from scraping and/or ripping the content unless specifically allowed. Notwithstanding the foregoing, CrewBeacon grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. CrewBeacon reserves the right to revoke these exceptions either generally or in specific cases. While we do not disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by CrewBeacon clients. We disallow the use of request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Intellectual Property Rights

The design of the CrewBeacon Service along with CrewBeacon created text, scripts, graphics, interactive features and the like, except user Content Submissions (as defined below), and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to CrewBeacon, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS. CrewBeacon reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of Content Submissions of third-parties obtained through the Service for any commercial purposes.

User Content Submissions

A. The CrewBeacon Service allows CrewBeacon users to submit status text, photos, GPS-acquired information, and other communications submitted by you, as well as the automatic submission of your status (collectively, the “Content Submissions”). These Content Submissions may be hosted, shared, and/or published as part of the CrewBeacon Service, in accordance with the intended functionality of the Service, and may be visible to other users of the Service who are authorized by the Service to view this information. For clarity, direct messages, location data, notes, and photos or files that you send directly to other CrewBeacon users will only be viewable by those CrewBeacon user(s) or group(s) you directly send such information; but do not submit or post information or photos that you do not want to be seen by other authorized users of the Service.

YOU, INDIVIDUALLY, RETAIN NO OWNERSHIP RIGHTS IN YOUR CONENT SUBMISSIONS AS ALL INTELLECTUAL PROPERTY WILL RESIDE EITHER WITH CrewBeacon AND/OR THE CLIENT.

All information transmitted to, from, or via the Service must be performed in accordance with acceptable procedures of both CrewBeacon and the Client. You understand that whether such Content Submissions are published, CrewBeacon does not guarantee any confidentiality with respect to your submissions.

B. You shall be solely responsible for your own Content Submissions and the consequences of posting or publishing them. Because the Service is only acting as a repository of data, user submitted statuses do not necessarily represent the views or opinions of CrewBeacon, and CrewBeacon makes no guarantees as to the validity, accuracy or legal status of any submission. In connection with Content Submissions, you affirm, represent, and/or warrant that: (i) you or the Client own or have the necessary licenses, rights, consents, and permissions to use and authorize CrewBeacon to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content Submissions to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Content Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content Submissions in the manner contemplated by the Service and these Terms of Service. By submitting the Content Submissions to CrewBeacon, you hereby grant CrewBeacon a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content Submissions in connection with the CrewBeacon Service and CrewBeacon’s (and its successor’s) business, for the sole purpose of delivering the Service.

C. In connection with Content Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant CrewBeacon all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage CrewBeacon or any third-party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

D. Adult content is strictly prohibited. CrewBeacon does not endorse any Content Submission, or any opinion, recommendation, or advice expressed therein, and CrewBeacon expressly disclaims any and all liability in connection with Content Submissions. CrewBeacon does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and CrewBeacon will remove all content and Content Submissions if properly notified that such content or Content Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the CrewBeacon user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to the address – helpdesk at crewbeacon dot com. CrewBeacon reserves the right to remove content and Content Submissions without prior notice. CrewBeacon reserves the right to decide whether content or a Content Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. CrewBeacon may remove such Content Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

E. You understand that when using the CrewBeacon Service, you will be exposed to Content Submissions from a variety of sources, and that CrewBeacon is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content Submissions, and that such Content Submissions are not the responsibility of CrewBeacon. You further understand and acknowledge that you may be exposed to Content Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CrewBeacon with respect thereto, and agree to indemnify and hold CrewBeacon, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the CrewBeacon Service.

F. CrewBeacon permits you to link to materials on the Service for official business purposes only. CrewBeacon reserves the right to discontinue any aspect of the CrewBeacon Service at any time.

G. Information provided by our users through the CrewBeacon Service may contain links to third-party websites that are not owned or controlled by CrewBeacon. CrewBeacon has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, CrewBeacon will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that CrewBeacon shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.

H. When supplying data to the system, you are responsible for complying with all applicable Federal, state, and local laws, including U.S. Export Laws governing restrictions on data encryption.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE CrewBeacon SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CrewBeacon, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. CrewBeacon MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CrewBeacon SERVICE. CrewBeacon DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE CrewBeacon SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER CONTENT SUBMISSION OR OTHER ADVERTISING, AND CrewBeacon WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL CrewBeacon, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD-PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CrewBeacon CLIENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT CrewBeacon SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by CrewBeacon from its facilities within the United States of America. CrewBeacon makes no representations that the CrewBeacon Service is appropriate or available for use in other locations. Those who access or use the CrewBeacon Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless CrewBeacon, its parent corporation, officers, directors, employees, third-parties, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the CrewBeacon Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Content Submissions caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Service and your use of the CrewBeacon Service.

Ability to Accept Terms of Service

You affirm that you are either more than 16 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 16 years old as the CrewBeacon Service is not intended for children under 16. If you are under 16 years of age, you are not permitted to use the CrewBeacon Service. You further represent that you have a clear, official, and authorized reason to use the Service as expressed to you either by CrewBeacon or the Client. If you are not invited to use the Service by either CrewBeacon or the Client, you are not permitted to use the CrewBeacon Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties. CrewBeacon is the developer of the Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CrewBeacon without restriction.

General

You agree that: (i) the CrewBeacon Service shall be deemed solely based in Delaware; (ii) the CrewBeacon Service shall be deemed a passive server that does not give rise to personal jurisdiction over CrewBeacon, either specific or general, in jurisdictions other than Delaware; and (iii) that you agree to subject to the jurisdiction of Delaware in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. Any claim or dispute between you and CrewBeacon that arises in whole or in part from the CrewBeacon Service shall be decided exclusively by a court of competent jurisdiction located in Delaware. These Terms of Service, together with the Privacy Policy and any other legal notices published by CrewBeacon, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and CrewBeacon concerning the CrewBeacon Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and CrewBeacon’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. CrewBeacon reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the CrewBeacon Service. Your continued use of the CrewBeacon Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

Changes and Updates to this Agreement

This Agreement may be revised periodically, and this will be reflected by the modification date below. Please revisit this page to stay aware of any changes. Your continued use of the CrewBeacon Site and CrewBeacon Service constitutes your agreement to this Agreement and any amendments.

Date Last Modified

This Agreement was last modified February 4th, 2019.