House at Work - Terms and Conditions

Welcome to House At Work

We hope you find it useful.

Please read these Terms of Use (“TOU” or “Agreement”) carefully before using House At Work. These Terms of Use constitute an agreement between you and House At Work (“the Company”, “us”, “we”, “our”) and govern your use of the “Platform,” which is comprised of HouseAtWork.com and any related applications, services, features, content, and functionality (the “Services”). By accessing or using our Services, you agree to these TOU, last updated XXXX, 2016, and our Privacy Policy.

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. YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE CONTRACTING SERVICES THROUGH THE PLATFORM OR FUNCTION AS A CONTRACTOR.
Worker Classification

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.
Account Registration

In order to use the Platform and take advantage of features of the Services, you will be required to create an account (“Account”). You represent that all information you provide through your registration is true, accurate, current and complete at the time of registration and you will update all such information as necessary. Our use of information that we collect from you is governed by our Privacy Policy.

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.
License

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.
Use

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”).
Proprietary Information

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.
Safety

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.
Moderation

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

WE PROVIDE THE SERVICES AND PLATFORM “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT THAT THE PLATFORM OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE PLATFORM OR SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. IF YOUR USE OF THE PLATFORM OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

EACH USER IS RESPONSIBLE FOR DETERMINING ANY SERVICES TO BE PROVIDED AND SELECTING USERS TO PROVIDE ANY SERVICES AND WE DO NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DO NOT RECOMMEND OR ENDORSE ANY PARTICULAR USER. WE DO NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY USER’S IDENTITY, ACCREDITATION, REGISTRATION OR APPLICABLE LICENSES.

BECAUSE WE ARE NOT INVOLVED IN THE TRANSACTIONS BETWEEN USERS, IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH USER RELEASES US FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOW AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Liability Limitation; Your Exclusive Remedy

YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS TO THE PLATFORM AND PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATION OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SERVICE OR THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THIS AGREEMENT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS PLATFORM IN THE PRIOR TWELVE (12) MONTHS, OR (ii) ONE HUNDRED SINGAPORE DOLLARS ($100.00 USD).

IN NO EVENT WILL WE BE LIABLE FOR THE ONLINE OR OFFLINE CONDUCT OF A USER AND YOU HEREBY RELEASE US FROM ANY LIABILITY RELATING THERETO.
Indemnification

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. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. 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.
You have limited time to bring a legal claim

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Miscellaneous

The TOU and Privacy Policy and any other terms and conditions of service on the Platform constitute the sole and entire agreement between you and the Company with respect to the Platform and Services and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and Services.

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.

Users complying with prior written licenses may access House At Work thereby until authorization is terminated. If TOU translations conflict with the English version, English controls. See our Privacy Policy for the data we collect, use and share data.