We May Modify This Agreement
We reserve the right to change the terms, conditions, and notices under which we offer the Platform or any of our Services at any time, for any reason, and without notice, and such modifications shall be deemed effective immediately upon posting of the modified terms. You are responsible for regularly reviewing these TOU, and your continued use of the Platform following the posting of changes to these TOU will mean you accept those changes. If, at any time, you do not wish to accept the Agreement, you should immediately discontinue any use of the Platform. Any terms and conditions proposed by you which are in addition to or which conflict with this Agreement are expressly rejected by us and shall be of no force or effect.
In agreeing to the terms and conditions of these TOU, you agree that we may at any time, in our sole and absolute discretion, with or without prior notice to you, modify, cancel, update, reconfigure, supplement, limit, terminate, or otherwise alter the Platform, the Services or any part thereof, including as between different users of the same Services, whether temporarily or permanently.
Users: Clients and Contractors
The Platform provides a communications service by which individuals and/or businesses (“Clients”) seeking contracting services can connect with individuals and/or businesses (“Contractors”) seeking to perform such services (Clients and Contractors are referred to collectively as “Users”). You agree that the Platform is only enabling such connections and allowing Clients and Contractors to negotiate and complete transactions. We are not responsible or liable for the actions or omissions of any Users and you acknowledge that we do not have any control over the performance, quality, timing, pricing, legality or any other aspect of an engagement for services between Users. We make no representations about the suitability, reliability, timeliness or accuracy of the services requested by and provided by Users that may result from use of the Platform.
We are not a party to any agreement between a Client and Contractor to perform services. You agree that we are not responsible for the accessibility or unavailability of a User. Except as expressly set forth under the heading “Dispute Resolution” below, you agree that we are not responsible for your interactions and dealings with another User and you hereby waive the right to assert any claim against us or PayPal relating to the same. YOUACKNOWLEDGETHATWEDONOTPROVIDECONTRACTINGSERVICESTHROUGHTHEPLATFORMORFUNCTIONAS A CONTRACTOR.
You assume all liability for proper classification of any third party performing services for your benefit as independent contractors or employees based on applicable legal guidelines. We are not a placement agency and the Service is not an employment service. By nature of the Platform or Service, we are not an employer of any User. As such, we will not be liable for any tax or withholding obligations or payment of any benefits, including but not limited to unemployment insurance, workers’ compensation, disability insurance, employer’s liability, contributions or payroll withholding tax in connection with your engagement of a User to perform services via the platform.
In no event shall a User have the authority to enter into written or oral agreement on our behalf. You acknowledge that we do not, in any way, supervise, direct, or control the services of a Contractor. We do not determine a Contractor’s work hours or location of work. We will not provide any equipment, labor or materials needed to perform any contracting services.
You agree to indemnify, hold harmless and defend us from any and all claims that a Contractor was misclassified as our independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Contractor was misclassified as our independent contractor (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim we are an employer or joint employer of a Contractor, 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 straight time or overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, disability benefits, or any other employee benefits.
You agree to take full responsibility for maintaining the confidentiality of your Account username and password, and for all activity that is generated by your Account. Accordingly, you understand and agree that you will be liable for any activity performed by anyone using your Account. You agree to immediately notify us in writing of any unauthorized use of your Account.
Service Not Intended for Children
You must be at least 18 years of age to obtain an Account. The Platform and Services are not intended to be used by children under the age of 13. Parents and guardians of children under 13 cannot agree to these terms on their behalf. If you are the parent or legal guardian of a child under 13 that has created an Account, please contact us at [email protected] to have that account terminated.
If you are 18 or older, and subject to your compliance with these TOU, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicensable, nontransferable license to access House At Work. Access to House At Work in any other manner or for any other purpose shall be deemed contrary to the TOU. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from House At Work, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with House At Work, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited and contrary to these TOU, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect Users’ personal and/or contact information (“PI”).
The Platform and Services, including the “look and feel” (e.g., text, graphics, images, logos), content and other material, are protected under copyright, trademark and other laws. In using the Platform and Services, you will receive, access or use information, text, materials, graphics, software, sound, data, advertising, and other content (collectively, “Content”) provided by use. You agree that the Platform and any Content, Services or software available through or used in connection with the Platform contain proprietary and confidential information that is owned or licensed by us, and is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, publish, transmit, distribute, create derivative works based on, or in any way exploit the Platform, Services or any Content, in whole or in part.
We do our best to keep House At Work safe, but we cannot guarantee it. We need your help to keep House At Work safe, which includes the following commitments by you:
a. You will not post unauthorized commercial communications such as email or posting spam or other types of unsolicited communications on the House At Work or as a result of your use of the House At Work site.
b. You will not collect other Users’ content or information, or otherwise access House At Work using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
c. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on House At Work.
d. You will not upload, attempt to upload, or otherwise attempt to cause code or otherwise attempt or cause a service interruption to House At Work.
e. You will not solicit login information or access an account belonging to someone else.
f. You will not bully, intimidate, or harass any User.
g. You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
h. You will not use House At Work to do anything unlawful, misleading, malicious, or discriminatory.
i. You will not do anything that could disable, overburden, or impair the proper working or appearance of House At Work, such as a denial of service attack or interference with page rendering or other House At Work functionality.
j. You will not facilitate, cause others to facilitate, or in any way encourage any violations of this TOU or other, applicable policies.
You agree we may moderate House At Work access and use in our sole discretion, for example, by blocking IP addresses, MAC Address, filtering by ISP or router location, deletion of account(s) or post(s), delaying the submissions of you or other Users of House At Work, omission or failure to grant editorial approval of a post, account or User verification, and/or access/account/license termination. You agree (1) not to bypass moderation, (2) that we are not liable for moderating, not moderating, or making any representations as to moderating, and (3) that nothing we say or do waives our discretion to moderate or not.
We Make No Warranty
WEPROVIDETHESERVICESANDPLATFORM “ASIS,” “WITHALLFAULTS” AND “ASAVAILABLE,” ANDTHEENTIRERISKASTOSATISFACTORYQUALITY, PERFORMANCE, ACCURACY, SECURITY, ANDEFFORTISWITHYOU. TOTHEMAXIMUMEXTENTPERMITTEDBYAPPLICABLELAW, WEMAKENOREPRESENTATIONS, WARRANTIESORCONDITIONS, EXPRESSORIMPLIED. WEDISCLAIMANYANDALLWARRANTIESORCONDITIONS, EXPRESS, STATUTORYANDIMPLIED, INCLUDINGWITHOUTLIMITATION (i) WARRANTIESORCONDITIONSOFMERCHANTABILITY, FITNESSFOR A PARTICULARPURPOSE, WORKMANLIKEEFFORT, ACCURACY, TITLEANDNON-INFRINGEMENT, (ii) WARRANTIESORCONDITIONSARISINGTHROUGHCOURSEOFDEALINGORUSAGEOFTRADE, AND (iii) WARRANTIESORCONDITIONSTHATACCESSTOORUSEOFTHEPLATFORMANDSERVICEWILLBEUNINTERRUPTEDORERROR-FREE.
INNOEVENTWILLWEBELIABLEFORTHEONLINEOROFFLINECONDUCTOF A USERANDYOUHEREBYRELEASEUSFROMANYLIABILITYRELATINGTHERETO.
You agree to release, indemnify, defend and hold harmless Company, its parent, subsidiaries and affiliates, and its and their shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) (collectively, “Claims”) due to or arising out of your use of the Platform or the Services, your connection to the Platform or the Services, any breach by you of this Agreement, or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
Choice of law and location for resolving disputes
Any claim for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of New York, without reference to conflict of laws principles, notwithstanding the choice of law provisions of the venue, where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You hereby irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Rochester, New York in all disputes arising out of or relating to this Agreement or the use of the Service and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that we may elect, in our sole direction, to litigate the action in the country, county, state or other governmental, political or administrative division where any breach by you occurred or where you can be found. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section.
Waiver as a Class Action Member
You agree that any dispute will be limited to the dispute between Company and you individually. YOUACKNOWLEDGEANDAGREETHATYOUANDCOMPANYAREEACHWAIVINGTHERIGHTTOPARTICIPATEAS A PLAINTIFFORCLASSMEMBERINANYPURPORTEDCLASS, CONSOLIDATEDORREPRESENTATIVEACTION. Further, unless both you and Company otherwise agree, your claims may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. You waive any right to a jury trial.
Our failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.