Terms of Use

Crew Commute, Inc.

Crew Commute offers services to you, the "User", conditioned on your agreement to adhere to the following terms of use without modification of any kind. Your registration with Crew Commute and/or use of Crew Commute's services constitutes your agreement to these terms of use. These Terms of Use are subject to change at any time, without prior notice.

Real Estate Services to Renters and Landlords

Crew Commute allows Users to locate and evaluate proposals from independent landlords. Users (whether a renter or a landlord) agree to supply Crew Commute with information about themselves and the property they want to list or hope to rent. Crew Commute will use this information within Crew Commute and to provide certain details on an anonymous or non-anonymous basis depending on the Crew Commute service to third parties who are, in most cases, appropriate members of its real estate network. Users may also agree to have the information he/she has supplied to Crew Commute forwarded to landlords or renters referred by Crew Commute. As Crew Commute uses email, on an almost exclusive basis, to provide Crew Commute services, all Crew Commute users must consent to receive Email from Crew Commute to register for Crew Commute services. Crew Commute users will also be required to consent to receive emails from third party(ies) if the Crew Commute service requested requires services from a third party(ies)(for example, a local landlord).

To assure the value of Crew Commute's services, you agree that all of the information you have provided to Crew Commute, whether on line or otherwise, is accurate and complete. Crew Commute reserves its right to terminate or suspend access to any user information that is alleged to be inaccurate or misleading.

Crew Commute may refer landlords or renters to Users, but Crew Commute does not engage in real estate broker services. Real estate brokerage activities are performed by licensed landlords. The terms of any agreement between a landlord or renter and Crew Commute are not endorsed, recommended or otherwise known to, or by, Crew Commute.

For its services Crew Commute may receive payment including, but not limited to a fee that may be a generated for subscribing or listing for rent on the web site. Crew Commute's payment due is an agreement between Crew Commute and the landlord or renter involved. Your registration with Crew Commute and use of Crew Commute services constitutes your acknowledgment of, and agreement to, this compensation arrangement.

Crew Commute may from time to time offer eligible Users promotional opportunities for use of Crew Commute's services within a particular time frame. These opportunities may include but are not limited to discounts, rebates, gift certificates, points or other incentives that are only available to Users who use Crew Commute to rent or lease a room. User eligibly for a particular promotion will be defined in the terms of each promotion. Not all Users may be eligible to receive all promotional opportunities.

Crew Commute Services

Crew Commute Landlord Listings

The Crew Commute Landlord Listing is a service provided to registered Crew Commute users that allow potential Landlords and Renters to find and anonymously view rooms for rent. Users must provide information requested by Crew Commute relevant to the rental transaction. All landlords listed are independent third parties to Crew Commute. Crew Commute makes no representation or warranty as to the quality or a qualification of any landlord referred to User and requires that all Users independently investigate each listing prior to entering any agreement with a landlord. Crew Commute's service allows Users to compare available rooms. User may contact the landlord at any time through contact information provided by that landlord. Proposals from landlords may include, but are not limited to, the condition, size and location of the room, and other details about their knowledge of the locale. Landlords may list a rental rate and other fees. It is recommended that Users verify such rate or other fees prior to contracting with the landlord. To use this service, User must consent to receive emails from Crew Commute and from landlords referred to User by Crew Commute.

Crew Commute is not a party to, and has no knowledge of specific terms of, any agreement between the landlord and the User.

Free Listings

Crew Commute has a free service that provides potential renters with web access to room listings. To view Crew Commute's room listings, users select the market targeted for a  room and are directed to a local landlord's information. The local landlord will make available to the User relevant current terms and information, including a possible link to another website.  User acknowledges that third party websites may have their own terms of use which regulate access to third party site. To use this service, User must consent to receive emails from Crew Commute and from landlords referred to User by Crew Commute.

Crew Commute Paid Listings

From time to time Crew Commute may include on its www.CrewCommute.com site, third parity services such as a insurance, restaurants and the like. Crew Commute posts these services on its site as a service to its Users who may be interested in such services. Crew Commute is not responsible and makes no warranty or representation as to the quality or performance of the services offered. Crew Commute advises all users to carefully review each third party service offering prior to engagement with any third party service provider.

Use of third party services

You agree that Crew Commute offers access to a group of Landlords who are not employed by Crew Commute. Crew Commute is not responsible or liable for any acts or omissions created or performed by these third parties. Crew Commute's Web site may contain links to Web sites maintained by third parties. Such links are provided for your convenience and reference only. Crew Commute does not operate or control in any respect any information, software, products or services available on such Web sites. Crew Commute's inclusion of a link to a Web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.

Modification Of Crew Commute Services

Crew Commute reserves the right to modify or discontinue any service or a portion or attribute thereof, or the offering of any information, good, content, product or service with or without notice to any User. Crew Commute shall not be liable to any User or any third party should Crew Commute exercise its right to modify or discontinue service.

Fees and Registration Requirements for Landlords

Crew Commute offers services targeted to airline professionals looking for temporary housing. To receive these services landlords must accurately complete a registration for each desired services and agree to relevant payment obligations. Depending on the service chosen landlords may be required to supply a valid credit card that is available for periodic payments. All landlord registrations with Crew Commute are non transferable and all fees paid are non refundable. Landlord who register for a Crew Commute services acknowledge that they have actual authority to make such listing and that they either own or manage the room being listed.

PAYMENT OF CHARGES

A. On Time Payment
A User is expected to pay all Charges on time and may be required to submit an accompanying payment and/or payment authorization in connection with Charges. Credit card transactions require an acceptable and currently working credit card number. Crew Commute may terminate or disable Users account if User fails to pay any amount due to Crew Commute when due. If the credit card expires or otherwise declines payment access to Crew Commute can be modified or suspended. If payment is more than thirty (30) calendar days past due an additional 15% of the balance, or the maximum allowable by law, whichever is less, may be assessed on the total amount of the late payment, and the entire amount unpaid Charges or other outstanding balance (if any), plus this assessment, will become immediately due and payable. The User shall pay all costs of collection, including legal fees, incurred by Crew Commute. The User is responsible for any premium Charges incurred in connection with the use of and/or by requesting or accessing Crew Commute information, content, goods, product or services that are provided at an extra cost. Each time Crew Commute is accessed or used, the User affirms that Crew Commute is authorized to obtain payment from through a selected payment method. All fees are quoted and payable in United States dollars. The User is also responsible for paying all applicable taxes for information, contents, goods, products or services and any other costs incurred in connection with the use of or access to Crew Commute including Charges incurred on your account by the User, or anyone the User allows to use the User's account.

B. Payment Methods
Users complete billing address and telephone number must be provided to process payments. Crew Commute accepts major credit cards including Visa and MasterCard.

C. Account Discrepancies
A User may always contact Crew Commute customer relations by e-mail concerning Charges or other questions regarding the status of a Membership account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending e-mail, and in no event later than ninety (90) days after a questionable billing or other discrepancy should have been discovered, the User must write to the Customer Relations Department, Crew Commute, 3310 Mission Ridge Lane, Atlanta, Georgia 30339 delivered by United States mail.

Obligations of Landlords Registered with Crew Commute

By completing your registration with Crew Commute.com as a Landlord, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract; and have obtained all necessary permissions within your business (if applicable) to participate in the Crew Commute services;
b. All information you submit to Crew Commute or pursuant to a Crew Commute service is accurate and complete and that you will maintain and promptly update such Profile, Proposal(s), Bid(s), Endorsement(s) or other Information supplied to Crew Commute or to Users to ensure accuracy at all times;
c. You are an individual person (not a company or other association);
d. You have acquired and will maintain appropriate insurance coverage and have complied with all real estate and regulatory requirements applicable to renting rooms in the areas for which you have requested Crew Commute service;
e. You agree to be contacted via Email by Crew Commute, and third parties if relevant, regarding Crew Commute's services;
f. You will not use information obtained through Crew Commute to locate, identify or directly contact a renter or landlord in any manner without Crew Commute or renter/landlord consent;
g. You will not use or attempt to use any facility provided by Crew Commute wholly or partly in order to provide you with Information concerning the commissions, fees, prices, or other terms offered by other similar websites;
h. You will not submit a Proposal for a room that you I) is not available, ii) do not own or are not permitted or licensed to offer based on applicable laws and regulations, or iii) do not intend in good faith to contract with a renter to provide;
i. You will not submit a Profile or Proposal or Bid or Endorsement or refer Crew Commute supplied leads to any other person;
j. You will not take any action that may undermine the integrity of any Crew Commute User feedback system, including, without limitation: supplying inaccurate information to, or accessible by, any of the Crew Commute services.
k. Crew Commute reserves the right to terminate the participation of any Landlord whose feedback falls below a minimum level set by Crew Commute, at Crew Commute's sole discretion;
l. You will not use any Crew Commute User feedback that may be available from time to time for any purpose other than to facilitate promotion of information among Crew Commute Users;
m. You hereby grant Crew Commute permission to e-mail or display your Profile and such other information as may be supplied by you to Crew Commute on or from Crew Commute's website (www.CrewCommute.com) and such other partner and affiliate websites as Crew Commute shall deem advisable in its sole determination for marketing purposes;
n. You will utilize any Crew Commute feedback only in connection with Endorsement(s) that: (I) are Endorsements and as such are complete, accurate and verifiable, and do not misstate, misquote the endorser (including words taken from context) and have been posted with the endorser's full and unqualified permission, (ii) include the endorser's name and telephone number, (iii) do not name any other landlord or promote goods or services provided by someone other than the User posting an endorsement, and (iv) do not contain links to other web pages, pictures or JavaScript; and (v) will provide to Crew Commute and Crew Commute Users only listings that are accurate and current, and comply with all regulatory and contractual requirements, including such requirements relating to the promotion and advertising of those listings; and (vi) will be responsible for setting your own rates in compliance with all applicable laws and regulations.

Obligations of Room Buyer/Landlords Registered with Crew Commute

By completing your registration with Crew Commute.com as a potential renter or landlord, you agree that:
a. You are of legal age and are otherwise capable of forming a legally binding contract;
b. You are interested in renting/listing rooms or both;
c. You are interested in renting/listing rooms located in the USA;
d. You do not have an exclusive contractual or other arrangement with any other similar website;
e. You agree to be contacted via Email or other means by Crew Commute regarding Crew Commute services;
f. Crew Commute may request, receive, copy and review your transaction and/or lease documents;
g. You acknowledge that Crew Commute recommends your independent use of all appropriate government, public, consumer and other agencies or sources to verify landlord status and background as Crew Commute.com, Inc makes no such representations and or warranties about any landlord that may use the Crew Commute service.
h. As a renter or landlord, you are not bound to accept any of the Proposals submitted. Proposals are not binding offers and are not intended to create a contractual or agency relationship between you and the landlord. Any endorsements posted by a landlord through the Crew Commute are the sole responsibility of the landlords. Crew Commute disclaims any liability arising from and the accuracy of any Endorsements posted by landlords. It is your responsibility to evaluate the nature of any Endorsement posted by any landlord and to be aware that Endorsements might not reflect the actual quality of service that you may receive from a landlord.

TERMINATION
Crew Commute reserves the right to cancel the membership of any User in any Crew Commute Service at any time for any reason, including a User's breach of these Terms of Use, or the terms and conditions of any service for which the User may have registered. A User may cancel membership in any of our lead generation services at any time for any reason by delivering a written notice at least thirty (30) days prior to the date of cancellation addressed to the Customer Relations Department, Crew Commute, 3310 Mission Ridge Lane, Atlanta, Georgia 30339 by United States mail.  User shall be responsible for ensuring delivery of the cancellation notice to Crew Commute. All fees or charges due to Crew Commute up to the point of termination or cancellation shall remain payable to Crew Commute.

Copyright and Trade Mark Notices
All contents of the Crew Commute.com website are Copyright © 2005 Crew Commute, Inc. and or its advertisers, 3310 Mission Ridge Lane, Atlanta, Georgia 30339 USA. All rights reserved, Crew Commute is a service mark of Crew Commute, Inc. Other product and company names may be trade or service marks of their respective owners.

USE OF REAL ESTATE AGENT IMAGES ON USER WEBSITE.
Landlords who register for Crew Commute services, agree that Crew Commute may link or otherwise drive traffic to a third party website from time to time in Crew Commute's sole discretion.

DISCLAIMERS AND LIMITATIONS

Crew Commute intends that the information contained in its Web site be accurate and reliable; however, errors sometimes occur. In addition, Crew Commute may make changes and improvements to the information provided herein at any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." CREW COMMUTE AND/OR ITS SUPPLIERS, PARTICIPATING TENANTS, OR LANDLORDS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF CREW COMMUTE'S SERVICES IS AT YOUR OWN RISK. CREW COMMUTE AND/OR ITS ADVERTISERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF CREW COMMUTE'S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CREW COMMUTE AND/OR ITS ADVERTISERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNITY
As a condition of use of this Web site, you agree to indemnify Crew Commute and its suppliers, distributors, participating tenants and landlords from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of Crew Commute's services, including without limitation any claims alleging facts that if true would constitute a breach by you of this agreement.

ERRORS AND DELAYS
Crew Commute is not responsible for any errors or delays in responding to a qualification form or referral form caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.

DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of Crew Commute's services, to the goods or services provided by Crew Commute, or to any acts or omissions for which you may contend Crew Commute is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Cobb County, Georgia. The arbitration shall be held before one arbitrator under the commercial arbitration rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the consumer shall select an arbitrator from a panel of arbitrators acceptable to Crew Commute.  To begin the arbitration process, a party must make a written demand therefore. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Georgia. The arbitrators shall not have the power to award damages in connection with any dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND CREW COMMUTE WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY.

OTHER TERMS
These Terms of Use shall be subject to and construed in accordance with the laws of the State of Georgia, excluding its conflict of laws principles. If any part of these Terms of User are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.