Below is all of the important fine print. We encourage Bosses to read the fine print.
Version Date: October 22, 2015
The Platform is hosted in the United States. Company makes no representation that the Platform is appropriate or available in other locations. The Services provided via the Platform are not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Platform. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Platform. Persons under the age of 13 are not permitted to register for the Platform or use the Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE PLATFORM.
Company not a party to transactions
The Platform has been designed to connect Customers seeking Services with Providers of those Services. However, Company is not in any manner involved in the provision of the Services. All agreements, including relevant terms for the provision of the Services, are entered into directly between Customers and Providers. Company makes no warranties regarding the quality, scheduling or legality of the Services provided by Providers or the honesty or integrity of Customers or Providers. Company does not endorse any Provider, or independently verify the accuracy of any claims made or information provided by Providers.
Company does not employ Providers
The Platform is not an employment service and Company does not serve as an employer of any Provider. As such, Company will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with a Provider’s use of the Platform. Provider agrees to indemnify, hold harmless and defend Company from any and all claims that Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of Provider, as well as claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation, as well as any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
The Platform has a feature that allows individuals and entities to create groups composed of Customers and Providers. Groups may have an open enrollment policy, meaning anyone can join, or may only allow group members that are invited to join the group, or require that members be approved. Additionally, group may be opening listed in a group directory on the Platform, or not be publicly listed. These and other conditions will be selected and changed by the group leader. Groups must apply and be approved by Company prior to being able to operate. Company may accept or reject or terminate any group in its sole discretion.
Location and messaging
When Service requests are posted to the Platform, Providers will be able to see non-specific location information for Customers (e.g., within 1 mile radius). Only after a Provider has been selected by a Customer will the Provider be able to see specific address information. Additionally, once a Provider has been accepted by a Customer, then the Customer and Provider will be able to message each other from within the Platform.
Company may offer a referral program from time to time rewarding users for bringing new users on the Platform. Company may at any time cancel any specific user’s participation on a referral program. Referral programs may be initiated, changed and cancelled by Company in Company’s sole discretion. If Company cancels a user’s participation in a referral program or cancels/changes a referral program, then Company will only be obligated to pay users referral fees earned by a user as of the date of termination of the particular user or referral program. Referral fees are only earned for new users brought onto the Platform. A new user is a user that did not previously have an account on the Platform. In addition, referral fees are only earned if the mechanism provided by Company to track referrals actually tracks a referral, and Company shall not be responsible for referral fees if Company’s method for tracking referrals fails to operate for any reason.
Emergency Notification Button
The Platform will include an Emergency Notification Button which will allow a Customer or Provider to send out a notification to selected recipients if an emergency occurs during the provision of Services in order to alert the recipient(s) of the message that the Customer or Provider is in need of immediate assistance. This feature is to be used in cases of emergencies. However, this feature does not replace the need for Customer or Provider to contact 911 or other emergency service directly. The Emergency Notification Button is not intended to be the sole or primary method by which Customer or Provider requests assistance during any emergency, and the Emergency Notification Button is not designed to operate under all circumstances (for instance, where there is no wireless or cellular reception). ACCORDINGLY, CUSTOMERS AND PROVIDERS ACKNOWLEDGE THAT COMPANY PROVIDES THE EMERGENCY NOTIFICATION BUTTON “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND COMPANY DOES NOT WARRANT THAT THE EMERGENCY NOTIFICATION BUTTON FUNCTIONALITY WILL ALWAYS BE AVAILABLE OR WILL OPERATE WITHOUT ERRORS. CUSTOMERS AND PROVIDERS HEREBY WAIVE ANY RIGHTS TO SEEK DAMAGES FROM COMPANY ARISING FROM OR RELATING TO ANY FAILURE OF THE EMERGENCY NOTIFICATION BUTTON TO OPERATE. COMPANY MAY DISABLE OR REMOVE THE FUNCTIONALITY OF THE EMERGENCY NOTIFICATION BUTTON AT ANY TIME WITHOUT NOTICE.
BACKGROUND AND IDENTITY CHECKS; LICENSING
Providers and Customers are solely responsible for performing background and identity checks on users. Company may make available links to third party services that can perform these checks. However, users are free to select other third party services for these purposes and Company does not warrant the completeness or accuracy of background and identity checks performed by any third party.
WHEN ORDERING OR PROVIDING SERVICES VIA THE PLATFORM USERS SHOULD EXERCISE CAUTION AND COMMON SENSE TO PROTECT THEIR PERSONAL SAFETY AND PROPERTY.
Additionally, Company may, in its sole discretion, decide to perform criminal background checks, identity verifications, and other investigations on users. Such checks and investigations may be performed both prior to registration acceptance and at any time or times after registration acceptance. Such checks and investigations may be performed by third parties engaged by Company, and Company does not warrant the completeness or accuracy of such third party checks and investigations.
Users hereby consent to Company (and third parties engaged by Company) performing all such checks and investigations, as often as Company determines, and as necessary to comply with federal and state laws, and the Fair Credit Reporting Act (FCRA).
Providers represent and warrant that they have all licensing required in their jurisdictions and all such licensing information will be accurately listed in the Provider’s profile. All such licensing requirements will be kept up to date by Providers.
The ordering and purchase by Customers of Services from Providers are transactions entered into directly between Customers and Providers, and Company is not a party to such transactions. Providers and Customers will be charged fees, in accordance with our fee schedule posted on the Platform, via credit card, debit card, direct bank withdrawal, third party payment gateway (e.g., PayPal), or other method as determined by Company from time to time (the “Payment Method”). Providers may be required to register with a payment service provider selected by Company, and agree to terms and conditions provided by such payment service provider. Provider’s charges for the Services will include time-based charges, expenses, and any other costs agreed between the Customers and Providers. Customers are not charged by Company for use of the Platform. However, Company receives a fee from Providers calculated based upon payments made by Customers, as posted on the Platform.
Upon the completion of Services, as notified to Company through the Platform, Customer authorizes Company (or a third party selected by Company) to charge Customer’s Payment Method in the amount agreed to by Customer. Upon placing an order with a Provider, Customer authorizes Company (or a third party engaged by Company) to place a hold on Customer’s Payment Method in the amount of the fee agreed between Customer and Provider. If Customer cancels an order for Services, then Customer may be charged a cancellation fee, of which Customer has received prior notice from Company or a Provider. Subject to the other terms of this Agreement, unless payments are directly deposited into Provider’s account by a Customer, Company will usually transfer payments to Provider, subject to the receipt of funds from the Customer, within 72 hours of acceptance by Customer of the Services (72 hours is calculated during business days, i.e., Mondays through Fridays, excluding holidays). CUSTOMER AGREES THAT ONCE A CUSTOMER SHALL NOTIFY COMPANY THAT SERVICES HAVE BEEN COMPLETED, THEN COMPANY (OR A THIRD PARTY ENGAGED BY COMPANY) IS AUTHORIZED TO CHARGE CUSTOMER’S PAYMENT METHOD AND CUSTOMER WILL THEREAFTER NOT MAKE ANY CLAIM AGAINST COMPANY FOR A REFUND OF ALL OR A PORTION OF SUCH PAYMENT. ANY SUCH ACTIONS SHALL BE INITIATED BY CUSTOMER DIRECTLY AGAINST THE APPLICABLE PROVIDER.
COMPANY DOES NOT WARRANT OR GUARANTY TO PROVIDERS THE VALIDITY OF ANY PAYMENT METHOD PROVIDED BY A CUSTOMER OR THAT A CUSTOMER WILL NOT INITIATE A CHARGE BACK. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY NON-PAYMENT BY A CUSTOMER. FURTHERMORE, COMPANY MAY IN ITS DISCRETION, PLACE ON HOLD ANY PAYMENT DUE TO A PROVIDER, OR PROVIDE A REFUND TO A CUSTOMER FOR PAYMENTS MADE. IF ANY REFUNDS ARE PAID TO CUSTOMERS, OR CHARGEBACKS INITIATED BY A CUSTOMER, PROVIDERS SHALL BE OBLIGATED TO REFUND SUCH AMOUNTS TO COMPANY AND ALTERNATIVELY COMPANY SHALL BE PERMITTED TO DEDUCT SUCH AMOUNTS FROM PAYMENTS THEREAFTER OWING TO PROVIDER. DECISIONS MADE BY COMPANY TO WITHHOLD PAYMENTS TO PROVIDER OR TO REFUND TO CUSTOMERS PAYMENTS ALREADY MADE SHALL BE AT COMPANY’S SOLE DISCRETION AND PROVIDER WAIVES ANY RIGHT TO CHALLENGE SUCH DECISIONS IN COURT OR OTHERWISE.
In addition to transaction-based fees, Providers will be charged fees on a monthly or other recurring basis as will be agreed by Providers. Periodic charges will be subject to automatic renewal without the requirement of prior notification or authorization in each instance. Charges for renewal periods shall be calculated at the prevailing rates then offered by Company. Provider agrees to such automatic renewals and charges to Provider’s Payment Method, subject to Provider notifying Company by dates indicated by Company for notification for cancellation of any automatic renewal.
In the event of any failure by Provider to make any payment to Provider, Provider will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Company in collecting such amounts. Company reserves the right to suspend Provider’s account in the event Provider fails to make timely payment hereunder or under any other agreement with Company.
All payments shall be made in U.S. dollars.
Providers and Customers shall be responsible for all taxes due on the fees payable under this Agreement, which taxes shall include, without limitation, any direct or indirect local, state, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes.
Fees for the Platform may be changed by Company at any time by posting updated fee information on the Platform.
Regarding Your Registration
By using the Platform, you represent and warrant that:
all registration information you submit is truthful and accurate;
you will maintain the accuracy of such information;
you will keep your password confidential and will be responsible for all use of your password and account;
you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Platform; and
your use of the Platform does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Platform’s registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Regarding Content You Provide
The Platform may invite you to chat or participate in blogs, message boards, online forums, create profiles, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to Company and/or to or via the Platform, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Contributions”). Any Contributions you transmit to Company will be treated as non-confidential and non-proprietary. When you create or make available a Contribution, you thereby represent and warrant that:
the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your Contribution does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party;
you are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize Company and the Platform users to use your Contributions as necessary to exercise the licenses granted by you under this Agreement;
you have the written consent, release, and/or permission of each and every identifiable individual person in the Contribution to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contribution in the manner contemplated by this Platform;
your Contribution does not contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
your Contribution is not obscene, lewd, lascivious, filthy, violent, harassing or otherwise objectionable (as determined by Company), libelous or slanderous, does not ridicule, mock, disparage, intimidate or abuse anyone, does not advocate the violent overthrow of the government of the United States, does not incite, encourage or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
your Contribution does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
your Contribution does not include any offensive comments that are connected to race, national origin, gender, sexual preference or physical handicap;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to make available the Contribution, or (ii) secured from your employer a waiver as to all rights in or to your Contribution;
your Contribution does not violate any state or federal law designed to regulate electronic advertising;
your Contribution does not amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
your Contribution does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code, whether on Company’s or others’ computers or equipment, designed to enable you or others to gather information about or monitor the online or other activities of another party;
your Contribution does not inundate the Platform with communications or other traffic suggesting no serious intent to use the Platform for its stated purpose;
your Contribution does not otherwise violate, or link to material that violates, any provision of this Agreement or any applicable law or regulation; and
your Contribution does not contain pictures, data, audio or visual files, or any other content that is excessive in size, as determined by Company in its sole discretion.
By posting Contributions to any part of the Platform, or making them accessible to the Platform by linking your account to any of your social network accounts, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an unrestricted, unconditional, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Contributions, and to grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, likeness, voice, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. By uploading your Contributions, you hereby warrant that your Contributions are free of any digital rights management, including any software designed to limit the number of times the Contributions may be copied or played. Company does not assert any ownership over your Contributions; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.
Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any Contributions, (ii) re-categorize any Contributions to place them in more appropriate locations or (iii) pre-screen or delete any Contributions that are determined to be inappropriate or otherwise in violation of this Agreement.
By uploading your Contributions to the Platform, you hereby authorize Company to grant to each end user a personal, limited, non-transferable, perpetual, non-exclusive, royalty-free, fully-paid license to access, download, print and otherwise use your Contributions for their internal purposes and not for distribution, transfer, sale or commercial exploitation of any kind.
As used herein, the term “Confidential Information” shall include without limitation, any information of a Customer, without regard to form (i.e., written, oral, digital, etc.), obtained during the performance of Services, which, by its nature is generally considered proprietary and confidential, or which, under the circumstances of the disclosure, should reasonably considered to be confidential information (regardless of whether such information is specifically labeled as such). During the period which a Provider is performing Services for a Customer and thereafter, Provider shall keep secret and treat as confidential the Customer’s Confidential Information. Provider shall not permit the disclosure of any Confidential Information to any person or entity, except for a Provider’s employees and professional advisors, provided all such persons are bound by non-disclosure restrictions at least as protective of the Confidential Information as set forth in this Agreement. Provider shall not shall use, or permit the use of, any of the Confidential Information for any purpose other than in connection with the proper performance of its obligations under this Agreement. Provider shall take all reasonable, necessary and appropriate efforts to safeguard the Confidential Information from disclosure to any person other than as permitted by this Agreement. Provider acknowledges that any use or disclosure of the Confidential Information in any manner inconsistent with the provisions of this Agreement may cause Customer irreparable damage for which remedies other than injunctive relief may be inadequate, and Provider agrees that Customer shall be entitled to seek from a court of competent jurisdiction injunctive or other equitable relief to restrain such use or disclosure in addition to appropriate remedies.
Providers agree and acknowledge that Customers shall be deemed third party beneficiaries of this confidentiality provision and may enforce its terms directly. However, in order to better ensure the confidential treatment of the Confidential Information, Customers may require Providers to enter into confidentiality agreements directly with Customers. Accordingly, Customers waive any right of action against Company for any failure in the legal sufficiency of this provision to safeguard or protect Customer’s Confidential Information. Company has no obligation to enforce this provision against a Provider, but may choose to do so in its sole discretion.
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.
If you are accessing the Platform via a mobile application, then Company grants you a revocable, non-exclusive, non-transferable, limited right to install and use the application on wireless handsets owned and controlled by you, and to access and use the application on such devices strictly in accordance with the terms and conditions of this license. You shall use the application strictly in accordance with the terms of this license and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the application; (e) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (h) use the application to send automated queries to any Platform or to send any unsolicited commercial e-mail; or (i) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Apple Inc. Terms Applicable To Apple Devices
The following terms apply only if you are using our application on an Apple iOS device:
You acknowledge that this Agreement is concluded between you and Company only, and not with Apple Inc. (“Apple”), and Company, not Apple, is solely responsible for the Company application and the content thereof. (1) SCOPE OF LICENSE: The license granted to you for the Company application is limited to a non-transferable license to use the Company application on a device that utilizes the Apple iOS operating system and in accordance with the Usage Rules set forth in the App Store Terms of Service. (2) MAINTENANCE AND SUPPORT: Company is solely responsible for providing any maintenance and support services with respect to the Company application, as specified in this Agreement, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Company application. (3) WARRANTY: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Company application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid for the Company application, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Company application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. (4) PRODUCT CLAIMS: You acknowledge that Company, not Apple, is responsible for addressing any claims of yours or any third party relating to the Company application or the Your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. (5) INTELLECTUAL PROPERTY RIGHTS: You acknowledge that, in the event of any third party claim that the Company application or your possession and use of the Company application infringes a third party’s intellectual property rights, Apple, will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. (6) LEGAL COMPLIANCE: You represent and warrant that (i) 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 (ii) You are not listed on any U.S. Government list of prohibited or restricted parties. (7) THIRD PARTY TERMS OF AGREEMENT: You must comply with applicable third party terms of agreement when using the Company application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the Company application. (8) THIRD PARTY BENEFICIARY: Company and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
As part of the functionality of the Platform, you may link your account with online accounts you may have with third party service providers (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the Platform; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Platform via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Platform. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Platform. You will have the ability to disable the connection between your account on the Platform and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Platform. At your request made via email to our email address listed below, Company will deactivate the connection between the Platform and your Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Platform (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Platform for any other purpose other than that for which Company makes it available. The Platform is for the personal use of users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets;
advertising to, or solicitation of, any user to buy or sell any products or services, unless authorized by Company;
implying or stating that any statements you make are endorsed by Company, without the prior written consent of Company;
using the Platform to solicit for any other business, website or service, or otherwise contact users for employment, contracting or any purpose not related to use of the Platform as set forth herein;
systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
making any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
disguising the origin of any information or inquiry transmitted through the Platform or using tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
engaging in unlawful multi-level marketing (such as a pyramid scheme);
offering any contest, giveaway or sweepstakes without Company’s prior written consent;
posting anyone’s identification documents or sensitive financial information, or otherwise revealing any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual;
engaging in unauthorized framing of or linking to the Platform;
transmitting chain letters or junk email to other users;
using any information obtained from the Platform in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
making improper use of Company’s support services or submitting false reports of abuse or misconduct;
engaging in any automated use of the system, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
interfering with, disrupting, or creating an undue burden on the Platform or the networks or services connected to the Platform;
attempting to impersonate another user or person or using the username of another user;
selling or otherwise transferring your profile;
using any information obtained from the Platform in order to harass, abuse, or harm another person;
using the Platform as part of any effort to compete with Company or to provide services as a service bureau;
deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Platform;
attempting to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform;
harassing, annoying, intimidating or threatening any Company employees or agents engaged in providing any portion of the Platform to you;
deleting the copyright or other proprietary rights notice from any Contribution or Company Content;
uploading or transmitting (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Service;
uploading or transmitting (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper or offline reader that accesses the Platform, or using or launching any unauthorized script or other software;
engaging in cheating or any other activity deemed by Company to be in conflict with the spirit or intent of the Platform.
disparaging, tarnishing, or otherwise harming, in Company’s opinion, Company and/or the Platform; and
using the Platform in a manner inconsistent with any and all applicable laws and regulations.
Limitations of Use of Other User’s Information; No Spam
You agree that, with respect to other users’ personal information that you obtain through the Platform or through any Platform-related communication or any Platform-facilitated transaction, we have granted to you a license to use such information only for: (a) any Platform-related communications that are not unsolicited commercial messages, (b) using services offered through the Platform, and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your address book or database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this provision, can you disclose personal information about another user to any third party without both our consent and the consent of the other user.
Regarding Use of the Platform Services
The user represents and warrants that the user will use the Platform in strict compliance with all laws and regulations, including, without limitation, laws regulating marketing, advertising, security, and privacy, such as the Telephone Consumer Protection Act (including the Telemarketing Sales Rule and “Do Not Call” regulations), the Federal Trade Commission Act, the CAN-SPAM Act of 2003, and all other related federal and state laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
The content on the Platform (“Company Content”) and the trademarks, service marks and logos contained therein (“Marks”) are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
Company Content on the Platform is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Systematic retrieval of data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Platform and Company Content and Marks. If you download or print a copy of the Company Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Platform or features that prevent or restrict use or copying of any Company Content or enforce limitations on use of the Platform or the Company Content therein. The use and access rights granted herein do not include any right to use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Platform, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a Platform or search engine or other service that is competitive with the Platform.
THIRD PARTY PLATFORMS AND CONTENT
The Platform contains (or you may be sent through the Platform) links to other sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Platform or any Third Party Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the Platform. Any purchases you make through Third Party Sites will be through other sites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
Company reserves the right but does not have the obligation to:
monitor the Platform for violations of this Agreement;
take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
in Company’s sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s Contribution or any portion thereof that may violate this Agreement or any Company policy;
in Company’s sole discretion and without limitation, notice or liability to remove from the Platform or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems;
terminate the accounts of repeat infringers; and
otherwise manage the Platform in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Platform.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Platform or are otherwise a user or member of the Platform, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE PLATFORM, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE PLATFORM, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Platform, Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Platform and Platform.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Platform and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Platform after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Platform for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform.
If there is a dispute between users of the Platform, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Platform.
All questions of law, rights, and remedies regarding any act, event or occurrence undertaken pursuant or relating to this Platform or the Platform shall be governed and construed by the law of the State of Maryland, excluding such state’s conflicts of law rules. Any legal action of whatever nature by or against Company arising out of or related in any respect to this Platform shall be brought solely in either the applicable federal or state courts located in or with jurisdiction over Baltimore City, Maryland; subject, however, to the right of Company, at the Company’s sole discretion, to bring an action to seek injunctive relief to enforce this Agreement or to stop or prevent an infringement of proprietary or other third party rights (or any similar cause of action) in any applicable court in any jurisdiction where jurisdiction exists with regard to a user. You hereby consent to (and waive any challenge or objection to) personal jurisdiction and venue in the above-referenced courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Platform and/or the Platform (including your visit to or use of the Platform and/or the Platform) be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce this Agreement.
Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Company is not responsible for the conduct, whether online or offline, of any user of the Platform. Company cannot control the nature of all of the content available on the Platform. By operating the Platform, Company does not represent or imply that Company endorses any blogs, Contributions or other content available on or linked to by the Platform, including without limitation content hosted on third party Platforms or provided by third party applications, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Platform or in connection with any Contributions.
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE PLATFORM’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A PROVIDER OR THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND 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.
The Company reserves the right to change any and all content, software and other items used or contained in the Platform at any time without notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST DATA, OR DAMAGE TO PROPERTY OR PERSON ARISING FROM YOUR USE OF THE PLATFORM OR SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE PLATFORM DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING AND $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to defend, indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your Contributions, use of the Platform or Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
From time to time, Company may conduct sweepstakes that entitle the winners to prizes. Each sweepstakes has its own terms and conditions, set forth in the official rules for that sweepstakes.
Except as explicitly stated otherwise, any notices given to Company shall be given by email to the email address set forth below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail or discussion forum postings.
U.S. EXPORT CONTROLS
The software from this Platform is further subject to United States export controls. No software may be downloaded from the Platform or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Our Platform will maintain certain data that you transfer to the Platform for the purpose of the performance of the Platform, as well as data relating to your use of the Platform. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Platform. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.
Your use of the Platform includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE PLATFORM, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and Company regarding the use of the Platform. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact Company as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.
Be A Boss, Inc.