NOTE: The arbitration agreement applies to Freelance AV technicians located within the United States and its territories but does not apply to Freelance AV technicians in Canada or otherwise outside of the United States and its territories.
(a) User refers to Freelance AV technicians, Clients of Mertzcrew, and any other thirds parties who use Mertzcrew’s Platform, including its website.
(b) Client refers to third party businesses that have entered into agreements with Mertzcrew to use the Platform to obtain the services of Freelance AV technicians through Mertzcrew, including identification and engagement of Freelance AV technicians to perform services of limited scope and duration on their projects or for their events.
(c) Scope of Work & Terms of Engagement (“SOW Agreement”) refers to a separate agreement between Freelance AV technicians and Mertzcrew that provides the terms of the engagement for Freelance AV technicians to perform services for a Client’s project or event, including the fee for services, the scope of the services, and other information about the engagement. After accepting any engagement offer through the Platform, Freelance AV technicians must execute an SOW Agreement before performing any services for the Client’s project or event.
(d) Engagement Offer refers to Client offers presented by Mertzcrew to Freelance AV technicians through the Platform for Freelance AV technicians to perform services for a particular project or engagement. Engagement Offers describe the services sought by the Client, the fee offered for the services, and other terms such as event dates and expected event duration. Freelance AV technicians may decline any Engagement Offer accessed or received through the Platform. Upon acceptance of an Engagement Offer, Freelance AV technicians are provided with a SOW Agreement for the specific project or event.
(e) Arbitration Agreement refers to the agreement to arbitrate contained in this User Agreement, which is applicable to Freelance AV technicians in the United States and its territories. If you are a Freelance AV technicians located in the United States or its territories, by entering into this User Agreement, You and Mertzcrew agree to the terms of the Arbitration Agreement and agree that covered claims, described in the Arbitration Agreement, will be decided in binding arbitration by a single arbitrator and not by a judge or jury. The Arbitration Agreement survives the termination of the User Agreement.
The Mertzcrew Platform is a technology platform comprised of Mertzcrew’s website and any content and features available there. Among other services and features, the Platform enables Freelance AV technicians to make their production-related services available to Mertzcrew Clients who are seeking to engage Freelance AV technicians to perform services in connection with a particular project or Event.
Independent Contractor Status. The relationship between Freelance AV technicians and Mertzcrew is that of independent contractor, and not that of employer and employee, partners, representatives, principal and agent, joint ventures, co-owners, or franchisor-franchisee. Throughout the term of this User Agreement and while a Freelance AV technician is providing services, Freelance AV technician is and shall, at all times remain, an independent contractor. A Freelance AV technician agrees that the Freelance AV technician will not take any position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Mertzcrew that is inconsistent with the Freelance AV technician being an independent contractor (and not an employee) of Mertzcrew.
Nothing in this Agreement shall permit either party to create or assume any obligation on behalf of the other party for any purpose whatsoever. The Freelance AV technician is not authorized to transact business, incur obligations, sell goods, receive payments, solicit goods or services, enter into any contract, or assign or create any obligation of any kind, express or implied, on behalf of Mertzcrew or to bind in any way whatsoever, or to make any promise, warranty or representation on behalf of Mertzcrew with respect to any matter, except as expressly authorized in this Agreement or in another writing signed by an authorized officer of Mertzcrew. Further, a Freelance AV technician shall not use Mertzcrew’s trade names, logos, trademarks, service names, service marks, or any other proprietary designations without the prior written approval of Mertzcrew.
All financial obligations associated with each party’s business are the sole responsibility of such party. Freelance AV technicians shall remain responsible for and shall pay all operational costs and expenses associated with the operation of Freelance AV technician’s business and the performance of services under this Agreement, including the performance of services pursuant to any SOW Agreement. All agreements between each party and its customers are such party’s exclusive property and responsibility and have no effect on the other party’s obligations under this User Agreement.
As an independent contractor, a Freelance AV technician shall, provided that he or she does so in accordance with the terms and conditions of this User Agreement and any agreed upon requirements and specifications of the Client: (1) control the manner and means of performing services under any SOW Agreement that the parties may enter into; (2) engage in any other business activities as desired including the provision of the same or similar services to other production consulting companies; (3) hire his or her own employees or subcontractors as he or she may deem necessary; (4) provide all tools, equipment, labor and material that may be needed to perform the services under any SOW Agreement; and (5) take any action otherwise consistent with the independent operation of a business enterprise. Furthermore, nothing in this Agreement gives (or should be interpreted as giving) either party the power to direct or control the day-to-day activities and/or the business and affairs of the other. A Freelance AV technician is free to decline any engagement offer to work on a specific event. Moreover, Mertzcrew shall not be responsible for taxes or expenses from a Freelance AV technician’s compensation hereunder.
Benefits and Contributions. As an independent contractor, a Freelance AV technician is not entitled to or eligible for any benefits that Mertzcrew may make available to its employees, such as group insurance, profit-sharing, or retirement benefits. Because a Freelance AV technician is an independent contractor, Mertzcrew will not withhold or make payments for insurance contributions of any kind on a Freelance AV technician’s behalf. Unless otherwise specified for a particular event, Mertzcrew shall, however, provide workers’ compensation and general liability insurance coverage for the Freelance AV technician in connection with the project or event.
Taxes and other Withholdings. For all purposes, including but not limited to tax withholding requirements and all other federal, state, provincial and local laws, rules and regulations, a Freelance AV technician is and shall be treated as an independent contractor and not as a Mertzcrew employee. Accordingly, Mertzcrew will not withhold any employment taxes from any compensation paid to a Freelance AV technician under this Agreement, and Contractor will be responsible for the payment of all taxes or contributions imposed or required under income tax or other applicable laws, rules and/or regulations with respect to the performance or provision of Services under this Agreement or any SOW Agreement. A Freelance AV technician agrees to indemnify, defend and hold Mertzcrew harmless from any costs, expenses, penalties or damages (including attorney/lawyer’s fees) arising from a Freelance AV technician’s failure to properly pay such taxes or contributions and/or Mertzcrew not withholding or remitting employment taxes or contributions relative to compensation paid to a Freelance AV technician.
In connection with performing Services under this Agreement, a Freelance AV technician may acquire or receive information from Mertzcrew and/or Client that is confidential and/or proprietary in nature (and not generally known to the public) such as trade secrets, information concerning the business affairs of Mertzcrew and/or Client, intellectual property, identities of and contact information for clients, licensors, suppliers, and personnel. During the term of this agreement, and thereafter, unless done within the normal course and scope of providing services under this Agreement and in a good faith effort to serve the best interests of Mertzcrew, A Freelance AV Technician shall not, at any time or in any manner, directly or indirectly, communicate to any person, business, or entity, any such confidential information concerning any matters affecting or relating to the business of Mertzcrew, Client, or any Event. Furthermore, A Freelance AV Technician hereby agrees to refrain from disseminating, in any manner, trade secrets or other information related to the affairs of Mertzcrew or Client, and their respective parent, subsidiary, or affiliate corporations, the customers of any of them, or trade secrets of other information related to the Event without the advance written consent of Mertzcrew. The parties understand and agree that the owner of confidential information will suffer irreparable harm in the event that the other party breaches any of the obligations under this paragraph and that monetary damages shall be inadequate to compensate for such breaches. Accordingly, the parties agree that, in the event of a breach or threatened breach by a party, of any of the provisions of this paragraph, the owner of the confidential information, in addition to, and not in limitation of, any other rights, remedies or damages available to the owner of the confidential information at law or in equity by statute, common law, or otherwise, shall be entitled to a temporary restraining order, preliminary injunction and permanent injunction in order to prevent or to restrain any such breach by the party. The rights of Mertzcrew under this paragraph may be assigned to Client. This paragraph shall survive the termination of this Agreement.
Upon the termination of this User Agreement, the termination or conclusion of an engagement under any SOW Agreement or upon the written request of Mertzcrew, whichever is earlier, a Freelance AV Technician shall immediately provide to Mertzcrew all documents, records, notes, and other written, printed, or tangible materials and items of any nature or form all other information stored in computers, computer storage or any other media in the possession of a Freelance AV Technician, that embody or pertain to Mertzcrew, Client, or the Event regardless of how and when such items were obtained together with all copies thereof held by a Freelance AV Technician. A Freelance AV Technician shall thereupon erase and delete all such information from its computer equipment and software and upon request, shall provide written confirmation of same. This paragraph shall not be interpreted to require the return of documents and items that are generally known by the public or which are kept by a Freelance AV Technician in the course of its customary business operations for internal billing and taxation, and other reporting requirements, provided that a Freelance AV Technician provides a copy of all such items to Mertzcrew.
A Freelance AV Technician represents that he or she is free to enter into this User Agreement and to accept engagements to perform services for Mertzcrew’s Clients and that doing so does not violate the terms of any agreement between A FREELANCE AV TECHNICIAN and any third party. A Freelance AV Technician and Mertzcrew hereby acknowledge and agree that Mertzcrew has legitimate business interests in the preservation of its goodwill and its Client relations. In furtherance of the foregoing, the parties hereto have agreed to recognize and protect these interests by entering into the following covenants:
A Freelance AV Technician will assume all risk of loss to his or her property regardless of use of same in connection with use of the Platform and/or the provision of services pursuant to this User Agreement and/or any SOW Agreement.
A Freelance AV Technician shall indemnify, defend and hold Mertzcrew and Client and their directors, officers, employees, staff, and clients harmless from and against any and all liabilities, injuries, claims, actions, demands, legal proceedings, losses, lawsuits, judgments and/or expenses, including attorney’s/lawyer’s fees and costs through appellate levels, arising either directly or indirectly from any and all negligent or other tortious acts or omissions arising out of or in connection with: (1) the performance of services by a Freelance AV Technician or its agents pursuant to this User Agreement and/or any SOW Agreement to which a Freelance AV Technician is a party; (2) a Freelance AV Technician’s breach of any representation, warranty, term, covenant or obligation in this User Agreement or any SOW Agreement to which a Freelance AV Technician is a party; (3) any content or material that a Freelance AV Technician provides on the Platform; and (4) any unauthorized use of a Freelance AV Technician’s account.
A Freelance AV Technician shall have no right to make any contracts or commitments for, or on behalf of, Mertzcrew without the written consent of Mertzcrew. A Freelance AV Technician further agrees that at all times, he or she will hold himself or herself out as an independent contractor and not as an employee, agent, or representative of Mertzcrew.
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
A Freelance AV Technician hereby represents and warrants to Mertzcrew that it shall obtain all applicable/required permits, licenses and approvals and comply with all applicable laws, codes, ordinances, rules and regulations pertaining to the services provided under this User Agreement and/or any SOW Agreement to which a Freelance AV Technician is a party. Contractor shall, upon request by Mertzcrew, promptly deliver to Mertzcrew true and accurate copies of all applicable permits and licenses and shall pay all costs and expenses incurred with respect to compliance with this Section.
MERTZCREW SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MERTZCREW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. MERTZCREW EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE INFORMATION CONTAINED ON THE MERTZCREW WEBSITE IS PROVIDED FOR EDUCATIONAL AND INFORMATION PURPOSES HEREIN. DUE TO THE RAPIDLY CHANGING NATURE OF THE LAW, MERTZCREW DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS WEBSITE OR ON OTHER SITES TO WHICH IT LINKS. FURTHER MERTZCREW DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF INFORMATION, THE WORK CONDITIONS AND HABITS OR AVAILABILITY OF FUNDS OR CLIENTELE OF MERTZCREW’S HOSTS OR INDEPENDENT CONTRACTORS IN THE CONTRACTS OR AGREEMENTS PRESENTED TO MERTZCREW RELATING TO THE FEATURES AND SERVICES OF WWW.MERTZCREW.COM.
OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL MERTZCREW OR ITS OWNERS, SHAREHOLDERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THIS WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, REGARDLESS OF: THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES - EVEN IF MERTZCREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THIS WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). MERTZCREW ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, ADVICE OR OTHER CONTENT AVAILABLE ON THIS WEBSITE.
ALTHOUGH WE MAKE GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, WE CANNOT GUARANTEE COMPLETE SECURITY. BY VISITING MERTZCREW’S WEBSITE(S), YOU AGREE TO INDEMNIFY AND HOLD MERTZCREW, AND ITS SUBSIDIARIES, COMMUNITY, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.
AS FOR THE WEBSITE WWW.MERTZCREW.COM AND ITS LINKS, YOU EXPRESSLY AGREE THAT YOU INTEND TO PERFORM SERVICES AS AN INDEPENDENT PRODUCTION CONSULTANT FOR MERTZCREW ON THE TERMS STATED IN THE INFORMATION CONTAINED IN WWW.MERTZCREW.COM AND THAT MERTZCREW IS ACTING AS INDEPENDENT CONTRACTOR ON BEHALF OF ITS HOST(S) AND ITS INDEPENDENT CONTRACTORS FOR CERTAIN ACTIVITIES. YOU AGREE TO ABIDE BY ANY AND ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENTS FOUND WITHIN WWW.MERTZCREW.COM IMPOSED BY ANY PROVIDER IF ANY ACTIVITY ON ANY WORK YOU VOLUNTARILY ELECT TO PARTICIPATE THROUGH WWW.MERTZCREW.COM. BY OFFERING SERVICES AND WORK THROUGH WWW.MERTZCREW.COM, MERTZCREW DOES NOT REPRESENT OR WARRANT THAT PARTICIPATION IN SUCH ACTIVITIES IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM PARTICIPATION IN SUCH ACTIVITIES OR WORK. WHILE MOST WORK IS DONE WITHOUT INCIDENT, CERTAIN ACTIVITIES MAY INVOLVE GREATER RISK THAN OTHERS AND MERTZCREW CANNOT GUARANTEE YOUR SAFETY OR BE RESPONSIBLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES - EVEN IF MERTZCREW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) SUFFERED BY YOU AS A RESULT OF PARTICIPATING IN SUCH WORK OR CONTRACTING SERVICES THROUGH WWW.MERTZCREW.COM. MERTZCREW RECOMMENDS YOU CLOSELY REVIEW THE TERMS OF THE AGREEMENT(S) WITHIN WWW.MERTZCREW.COM PRIOR TO ENGAGING IN THE SERVICES PROVIDED.
If at any time, MERTZCREW enables site visitors to post reviews of and comments on products featured on the site, the party posting that comment or review grants MERTZCREW and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant MERTZCREW and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment.
All of the information on this website contain copyrighted material, trademarks and other proprietary information, including all text, graphics, software applications, video and audio files and photos (collectively, "content"), and all rights in the pages and the screens displaying the pages are owned by MERTZCREW and its community or affiliated entities or their licensors, protected by copyright under United States copyright laws, Florida law, and the copyright laws of any applicable jurisdiction outside the United States. MERTZCREW owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the website or its content, including, but not limited to copy, graphics, photos, web design, and the like for commercial or public purposes or on any other website or in a networked computer environment or engage in any other redistribution or republication of the protected content herein. All rights are reserved, including common law or registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on this website, which are owned by MERTZCREW and its community or affiliated entities or their licensors. Nothing on this website grants you any right or license to use any intellectual property including business methods or processes without the express written permission of Joe Mertz Production Consulting, LLC, 13538 Village Park Drive #235 Orlando, FL 32837. No material appearing on any MERTZCREW domain may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by MERTZCREW at the address above. You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of this website, its use or access to it. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You may create a text link to the home page of this website only for legitimate business reasons on the condition that it is clear to the users that they are exiting your own website and entering a new website, you do not frame or in-line our website or its content, and you do not create a false association or endorsement or otherwise misrepresent your relationship with MERTZCREW. Likewise, as a convenience to you, MERTZCREW may provide links to third party websites, or permit third parties to link to this website. Because these other websites are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites. Your business dealings or correspondence with, or participation in promotions of, advertisers other than MERTZCREW, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between MERTZCREW and the third-party website owner or an endorsement of the third-party site or any products or services that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third-party owner’s request.
Please note that none of the information contained in this website should be viewed as a formal offer to sell or as a direct solicitation to purchase any of our products or services, nor should it be considered advice. Rather, the information on our products and services is provided to you so that you can learn what MERTZCREW offer. We may make improvements and/or changes in the products, services and/or programs described on this site at any time without notice. Unless otherwise specified, products and services are available in the United States, State of Florida. Information on the website may include references to products or services not offered in your state or country or not available for purchase over the Internet in your state or country. Variations in state law may exist, and any statements that are general in nature are subject to change based on such variations. Availability of products or services may be dependent upon state regulations.
All terms listed on MERTZCREW websites are subject to change. In the event a service is listed at an incorrect amount or with incorrect information due to typographical error or error in information received from our hosts, MERTZCREW shall have the right, prior to the acceptance of your agreement pursuant to our Acceptance Policy described below, to refuse or cancel any such work whether or not the work has been confirmed and your credit card account charged.
The availability of work and other items on MERTZCREW’s Platform may change at any time, without notice. MERTZCREW does not assume any responsibility or liability for the actions, products, and content of any third parties related to the work of MERTZCREW’s hosts. MERTZCREW may require additional verification or information before accepting any Acceptance for Engagement.
Your receipt of an electronic or other form of Project Contract Proposal confirmation does not signify MERTZCREW acceptance of your agreement, nor does it constitute confirmation of MERTZCREW offer to engage. MERTZCREW reserves the right at any time after receipt of your Project Contract Proposal to accept or decline your request for any reason. MERTZCREW may require additional verifications or information before accepting any Project Contract Proposal. Notwithstanding the foregoing, you agree that, if MERTZCREW cancels all or a portion of your agreement or if MERTZCREW provides you less than you requested, your sole and exclusive remedy is either (a) MERTZCREW will issue you a credit in the amount charged for the cancelled portion (if payment has already been received) or (b) MERTZCREW will not charge you for the cancelled portion. However, the Arbitration Agreement is effective upon your first acceptance of this User Agreement, whether or not Mertzcrew engages you or not and/or whether Mertzcrew cancels this User Agreement.
When you are on MERTZCREW websites and are asked for personal information, you are sharing that information with MERTZCREW and its affiliates and service providers. If you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service.
Personally Identifiable Information (or "PII") is information that identifies you as an individual. In order for you to take advantage of particular opportunities provided through the websites (for example, to use for the services offered on the Site), we may require that you furnish PII. We collect PII from you, such as your name (or company name), address, telephone number, e-mail address, username, and password, when you voluntarily provide it to us.
IP Addresses are the Internet Protocol addresses of the computers that you are using. Your IP Address is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever users visit the Site, along with the time(s) of such visit(s) and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites.
If you register at any of our websites, you will no longer be anonymous to MERTZCREW and you will be able to take better advantage of our services. We may be better able to fulfill your orders and requests to deliver your orders or provide you with information that you request. We can also inform you of products, programs, services and promotions that we believe may be of interest to you. Additionally, we may use PII for our internal business purposes, such as data analysis, audits, developing new products, enhancing our websites, improving our services, identifying usage trends and determining the effectiveness of our promotional campaigns.
We reserve the right to ask you for your account information or other financial and personal information. We may ask you for information at other times, such as when you report a problem with our websites or services, or contact MERTZCREW via the corporate or other e-mail addresses provided at the websites. If you contact MERTZCREW, we may keep a record of that correspondence. MERTZCREW reserves the right to collect the following additional personally identifiable information from you via the websites or via other means or methods:
If you believe that any inaccurate or inappropriate information has been obtained or disseminated through your use of the websites, you should contact a representative of Joe Mertz Production Consulting, LLC, at 13538 Village Park Drive #235 , Orlando, FL 32837.
MERTZCREW primary goal in collecting information is to improve the websites, contracting agreements, and provide the user with the best possible experience on the websites.
MERTZCREW may research its users' demographics and behavior based on the information provided to us upon registration, gathered from transaction activity, from our server log files or from surveys. This research may be compiled, analyzed or sold on an aggregated basis, which does not include information identifying individual users. MERTZCREW also may share this aggregated data with business partners or other third parties.
MERTZCREW may also use your information in the ways stated immediately below under "With Whom Do We Share Your Information?"
PII or Account Information. MERTZCREW may provide your PII and account information to third parties under the following circumstances or for the following purposes:
Data in the Aggregate. MERTZCREW may disclose blinded aggregated data and user statistics to prospective partners and other third parties, as well as to others for lawful purposes. Blinded data is data which does not identify an individual person.
You may contact us at MERTZCREW if you wish to view, edit or delete your personal information from our database, and we will use commercially reasonable efforts to accommodate your request. Moreover, as noted above, if you do not want your data to be shared, you can choose not to allow the transfer by not using that particular service. We may need to retain certain information for recordkeeping purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed. Finally, we are not responsible for removing or suppressing information from the databases of third parties with whom we have already shared your PII, or limiting their use of your PII.
Security precautions to protect the loss, misuse or alteration of your information.
Your personal information and agreements are password-protected; however, MERTZCREW does not presently use encryption technology for passwords, registration, or other information. Further, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us sensitive information through email.
We strongly recommend that you sign out of your account and close your browser window when you have finished your work or viewing of MERTZCREW web sites. This is to ensure that others cannot access your account by using your computer when you are away from it.
Because of the global nature of the World Wide Web and the Internet, when you give us information, that information may be sent electronically to servers outside of the country where you originally entered the information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Since MERTZCREW websites do not use security encryption measures, information that you disclose by use of this site (as with any site that is non-secure), by posting a message or using e-mail, potentially could be collected and used by others. This may result in unsolicited messages from third parties or use of such information by third parties for their own purposes, legal or illegal.
As a result, although MERTZCREW strives to protect your personal information, MERTZCREW cannot ensure or warrant the security of any information you transmit to us or from our services, and you do so at your own risk. Once we receive your transmission, we use reasonable efforts to ensure its security on our systems. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us at 13538 Village Park Drive #235 Orlando, FL 32837.
Please keep in mind that whenever you voluntarily disclose information online, that information is accessible to other customers and users. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any account information. Please be careful and responsible whenever you are online.
When you end your business relationship with us, we will treat the information we have about you as if you were still our customer.
This agreement to which you consent constitutes the entire agreement between you and MERTZCREW and its affiliated companies with respect to your use of our website.
A Freelance AV Technician hereby acknowledges and agrees that Mertzcrew has made no statements, promises, warranties, or representations (other than what is set forth herein and any incorporated attachments/exhibit) that have induced A FREELANCE AV TECHNICIAN to sign this Agreement or that in the event such were made previously that Mertzcrew has hereby disclaimed same and that A FREELANCE AV TECHNICIAN has solely relied upon his or her own investigation of the facts and circumstances giving rise to the subject matter of this User Agreement. The waiver by either party hereto of a breach or violation of any term or provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation.
EXCEPT AS PROVIDED IN THIS ARBITRATION AGREEMENT, YOU AND MERTZCREW MUTUALLY AGREE THAT ALL CLAIMS OR DISPUTES, PAST, PRESENT, AND FUTURE, ARISING OUT OF OR RELATED TO: (i) THIS USER AGREEMENT, (ii) ANY OTHER AGREEMENT BETWEEN YOU AND MERTZCREW, OR (iii) YOUR RELATIONSHIP WITH MERTZCREW, WILL BE DECIDED BY A SINGLE ARBITRATOR THROUGH ARBITRATION AND NOT BY A JUDGE OR JURY ("Arbitration Agreement"), under the Commercial Arbitration Rules of the American Arbitration Association ("AAA Rules"). This Arbitration Agreement is governed by the Federal Arbitration Act ("FAA"), and evidences a transaction involving commerce.
This Arbitration Agreement applies to any covered claim or dispute that Mertzcrew may have against You or that You may have against Mertzcrew, its affiliates and subsidiaries, or its/their officers, directors, principals, shareholders, members, owners, employees and agents. By way of example and without limitation, this Arbitration Agreement mutually covers breach of contract claims, common laws claims, claims for compensation, wages and monies due, statutory claims for discrimination, harassment and retaliation, and claims under Title VII of the Civil Rights Act of 1964, the Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, 42 U.S.C. § 1981, the Pregnancy Discrimination Act, the Americans With Disabilities Act, the Age Discrimination in Employment Act, the Fair Credit Reporting Act, the Fair Labor Standards Act, the Genetic Information Non-Discrimination Act, the Uniformed Services Employment and Reemployment Rights Act, and any other federal, state or local statutes, if any, addressing the same or similar subjects. This Arbitration Agreement also applies to any claim that A FREELANCE AV TECHNICIAN is not properly classified as an independent contractor.
You and Mertzcrew agree to bring any claim or dispute in arbitration on an individual basis only, and not as a class or collective action, and there will be no right or authority for any claim or dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). This Class Action Waiver will be severable from this Arbitration Agreement in any case in which (1) the dispute is filed as a class and/or action and (2) there is a final judicial determination that the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable. In such case, the class and/or collective action must be litigated in a civil court of competent jurisdiction—not in arbitration. Notwithstanding any other clause or language in the User Agreement, Arbitration Agreement or the AAA Rules, or any amendments and/or modifications to those rules, any claim that the Class Action Waiver is unenforceable, inapplicable, unconscionable, or void or voidable, will be determined only by a court of competent jurisdiction and not by an arbitrator.
This Arbitration Agreement does not apply to any claim that an applicable federal statute expressly states cannot be arbitrated. This Arbitration Agreement also does not prevent the making of a report to or filing a claim or charge with a government agency, including without limitation, the Equal Employment Opportunity Commission, the U.S. Department of Labor, and the National Labor Relations Board. Both You and Mertzcrew may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy, including without limitation any controversy under any applicable restrictive covenant(s) or confidentiality obligations in this User Agreement. The court to which the application is made is authorized to grant temporary or preliminary injunctive relief and may do so with or without addressing the merits of the underlying arbitrable dispute, as provided by applicable law. However, all determinations of final relief will be decided in arbitration, and the pursuit of temporary or preliminary injunctive relief shall not be deemed incompatible with or constitute a waiver of rights under this Arbitration Agreement.
A court of competent jurisdiction will have the authority to enter judgment upon the arbitrator's decision/award. The parties will pay the fees and costs of arbitration in accordance with the AAA Rules. You and Mertzcrew agree that each is responsible for his/her/its own attorneys' fees incurred in any arbitration proceeding, subject to the arbitrator's authority to award attorneys' fees, costs or other remedies in accordance with the User Agreement and applicable law. In the event the law (including the common law) of the jurisdiction in which the arbitration is held requires a different allocation of arbitral fees and costs and attorneys’ fees in order for this Arbitration Agreement to be enforceable, then such law will be followed.
SEVERABILITY. The invalidity of any one or more of the words, phrases, sentences, clauses, or sections contained in this User Agreement shall not affect the enforceability of the remaining portions of this User Agreement or any part thereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, or sections contained in this User Agreement shall be declared invalid or unenforceable by a court of competent jurisdiction, or an arbitrator as applicable, this User Agreement shall be construed as if such invalid word or words, phrase or phrases, sentence or sentences, clause or clauses, or section or sections had not been inserted. If such invalidity is caused by scope, length of time, or size of area, or any or all of the foregoing, the otherwise invalid or unenforceable provision will be considered to be reduced to such scope, time, or area, which would cure such invalidity and render it valid and enforceable.
ENTIRE UNDERSTANDING. This User Agreement (and any incorporated attachments or exhibits) and the other documents delivered pursuant hereto (such as any SOW Agreements and the Electronic Signature Authorization Form) contains the sole and entire agreement between the parties as to the matters contained herein, and supersedes any and all other agreements, whether oral or written, between them. The parties acknowledge and agree that neither of them has made any representation with respect to such matters of this User Agreement or any representations except as are specifically set forth herein, and each party acknowledges that he or she has relied on his or her own judgment in entering into this User Agreement. The parties further acknowledge that statements or representations that may have been heretofore made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with its dealing with the other.