TERMS OF USE

Effective Date: September 14, 2020

 

Acceptance of the Terms of Use

 

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("you" or "your")

and OddJobbers, Inc., (“OddJobbers" or "we" or "us"). The website located at www.oddjobbers.com (the

"Website") including any content, functionality and features offered on or through the Website (the "Platform

Services") are collectively referred to as the "OddJobbers Platform". The following terms and conditions govern

your access to and use of the OddJobbers Platform, whether as a guest or a registered user.

 

Please read these Terms of Use carefully before you start to use the OddJobbers Platform. By clicking accept or

agree to these Terms of Use, you accept and agree that you have read, understood, and agree to be bound and

abide by these Terms of Use. If you do not agree to this Agreement, you may not access or use the OddJobbers

Platform.

 

By clicking to accept or agree to these Terms of Use, or by otherwise accessing and using any aspect of the

OddJobbers Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a

binding contract with OddJobbers in the jurisdiction in which you reside, and are otherwise capable of entering

into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you

are using the OddJobbers Platform on behalf of a company, entity, or other organization, then you represent and

warrant that you are an authorized representative of that entity with the authority to bind that entity to these

Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of

these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or

access the OddJobbers Platform.

 

MATERIAL TERMS AND NOTICES

 

As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms

of Use), you acknowledge the following:

 

The OddJobbers Platform connects you to other users of the OddJobbers Platform.

Users of the OddJobbers Platform may provide or offer to provide services to other users. A user

providing or offering to provide services is referred to herein as a “Provider” and a user requesting or

receiving services is referred to herein as a “Customer”. The specific jobs booked on the OddJobbers

Platform are referred to herein each as a “Booking”.

Customers directly engage the services of Providers and Providers are neither an employee nor

subcontractor of OddJobbers.

The OddJobbers Platform is licensed to you, not sold to you, and you may use the OddJobbers Platform

only as set forth in these Terms of Use.

The use of the OddJobbers Platform may be subject to separate third-party terms of service and fees,

including, without limitation, such terms of service and fees imposed by your mobile network operator

(the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility.

You consent to the collection, use, and disclosure of your personally identifiable information in

accordance with the OddJobbers Privacy Policy (https://www.oddjobbers.com/privacy-policy).

We will resolve disputes arising under these Terms of Use through binding arbitration. By accepting this

Agreement, as provided in greater detail in Section 26 , you and OddJobbers are each waiving the right

to a trial by jury or to participate in a class action.

1.    OddJobbers Platform Connects Users

 

The OddJobbers Platform provides a marketplace and communication platform where college students

("Providers”) can locate potential customers, both individuals and businesses that reside in the United States

("Customers"), that are seeking to obtain assistance with the performance of chores and small jobs around their

homes or places of business. The OddJobbers Platform further offers Providers scheduling assistance, payment

processing, and other digital services. Each Provider is a "User" for purposes of these Terms of Use. Each

Provider shall create an account that enables such User to access the OddJobbers Platform. In addition to a User

account, Providers must have their account approved prior to accessing the Providers functions through their

User account. For purposes of this Agreement, the services provided by Providers to their Customers that are

scheduled through the OddJobbers Platform shall be referred to as the "Provider Services.” It is up to the

Providers to decide whether to provide Provider Services to Customers through the OddJobbers Platform. Only

Providers, and not OddJobbers, provide the Provider Services.

 

Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets

Providers may be required to have a license to perform certain Provider Services that will exceed a monetary

threshold. For example, regulations applicable in certain markets require a license for work that will total more

than $500.00. Accordingly, Providers must determine for themselves whether a Provider is qualified to perform

the requested Provider Services. Providers should consult their state or local requirements to determine whether

certain Provider Services are required to be performed by a licensed professional.

 

ANY DECISION BY USERS TO OFFER OR ACCEPT PROVIDER SERVICES THROUGH THE

ODDJOBBERS PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH

BOOKING OF PROVIDER SERVICES PROVIDED BY A PROVIDER TO A CUSTOMER SHALL

CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER.

PROVIDERS ARE NOT EMPLOYEES OR AGENTS OF ODDJOBBERS. ODDJOBBERS MAKES NO

REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES

IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING,

LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY

PROVIDER SERVICES. ODDJOBBERS DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING

OR LEGALITY OF PROVIDER SERVICES DELIVERED BY PROVIDERS. ODDJOBBERS HAS NO

RESPONSIBILITY OR LIABILITY FOR ANY PROVIDER SERVICES PROVIDED TO CUSTOMERS BY

PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND

WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR

COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH

HEREIN, PROVIDERS ARE NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY

ODDJOBBERS.

 

YOU ACKNOWLEDGE AND AGREE THAT ODDJOBBERS IS NOT LIABLE FOR DAMAGE THAT

MIGHT ARISE OUT OF THE PROVIDER SERVICES. ODDJOBBERS IS NOT RESPONSIBLE FOR THE

CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL

NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY

PROVIDER SERVICES. Each User should exercise caution and common sense to protect their personal safety

and property, just as you would when interacting with any person with whom you do not know.

 

2. Bookings

 

a. Booking Fee.  Customers shall be charged the applicable hourly rate for a Booking based on the timing and

details of the Booking (the “Booking Fee”). Upon completion of a Booking, the relevant Provider will

provide the time worked and Customer will be charged the Booking Fee based on such information.

However, there is a 2-hour minimum that will be charged for any Booking. You agree not to negotiate,

barter, or otherwise modify the Booking Fee. Customers may only pay the Booking Fee using a credit card

which must be added to that Customer’s account when scheduling a Booking. The Booking Fee will be

determined by multiplying the Booking’s duration by the applicable hourly rate. Your payment information

will be processed by a Third-Party payment processor.

b. Excluded Provider Services.  Users hereby agree not to offer to perform, schedule, request, or perform any

of the following in connection with any Booking through the OddJobbers Platform (collectively, the

"Excluded Services"):

 

Provider Services that require a permit, including, but not limited to, remodeling, plumbing and

electrical projects;

Provider Services that requires a license or certificate;

Provider Services that are professional services, including, but not limited to, services performed by

lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals,

financial advisers, management consultants, or investment advisors;

Provider Services that make the User unsafe or uncomfortable;

Provider Services that involve the handling of weapons, explosives or hazardous materials;

Provider Services that involve the transportation of and ridesharing among Users in any type of motor

vehicle, aircraft or watercraft; or

Any Provider Service that is illegal or criminal in nature in the state or locality in which it is posted or

takes place.

OddJobbers may supplement this list of Excluded Services at any time by posting additional rules

describing prohibited services on the OddJobbers Platform.

c. Payments.

 

Users of the OddJobbers Platform (Customers) contract for services directly with other users (Providers).

Except for the development and testing activities described in Section 29 below, OddJobbers is not a party

to any contract for the Provider Services. The OddJobbers Platform facilitates these contracts by supplying a

medium through which Customers can connect with Providers, schedule the Bookings, and make payments

for these services directly from the Customer to the Provider.

 

d. Payment Processing Service. You authorize us and the payment processing service retained by us (currently,

Stripe) to facilitate the payment of Booking Fees and the payment remittance of any other applicable

charges and fees between you and other Users and between you and OddJobbers. All payments transacted

through Stripe shall be subject to the Stripe Connected Account Agreement, located at

https://stripe.com/connect-account/legal, which includes the Stripe Services Agreement, located at

https://stripe.com/legal (collectively, the "Stripe Terms of Service"). By agreeing to this Terms of Use, you

agree to be bound by the Stripe Terms of Service, as the same may be modified by Stripe from time to time.

As a condition of OddJobbers facilitating payment processing services through Stripe, you agree to provide

OddJobbers accurate and complete information about you and, if applicable, your business, and you

authorize OddJobbers to share it and transaction information related to your use of the payment processing

services provided by Stripe.

 

e. Customer Payments.  As a Customer, we will charge your credit card according to the amount of all

Bookings you schedule through the OddJobbers Platform, which amount will include: (i) the Booking Fee

applicable to the Booking slot selected; and (ii) any tip or gratuity you elect to give to your Provider. You

hereby authorize us to charge the credit card you provide for such amounts, if there is no filed complaint

with respect to such service or if such complaint has been otherwise resolved as determined by OddJobbers

in its sole discretion. We retain the right, in our sole discretion, to place a hold on your credit card for an

ordered or completed Booking transaction.

Except as approved by OddJobbers in its sole discretion, no refunds or credits will be provided once the

Customer's credit card has been charged. While we will use commercially reasonable efforts to protect all

credit card and all other personal information, we expressly disclaim any liability for any damage that may

result should any information be released to any third parties, and you agree to hold us harmless for any

damages that may result therefrom. The Booking Fee quoted is exclusive of taxes. OddJobbers is not

responsible or liable for any taxes incurred in connection with a Booking including taxes on a Provider’s

income. Customers will be liable for all transaction taxes on the service provided (other than taxes based on

the Provider’s income).

 

f. Provider Payments.  As a Provider, when you sign up to perform different categories of Provider Services,

you will be provided with information regarding the hourly rate of payment you will be entitled to receive

from Customers for providing such Provider Services (the “Provider Fee”). Upon your completion of a

Booking for your Customer, and upon your Customer’s payment for such Booking through the OddJobbers

Platform, you will receive the following: (i) the Provider Fee based on the hours of Provider Services

performed ; and (ii) any tip or gratuity provided to you by your Customer. OddJobbers will process all

payments due to you through its third-party payment processor. You acknowledge and agree that such

amounts shall not include any interest and will be net of any amounts that we are required to withhold by

law.

 

Notwithstanding the above, Providers may request an adjustment of their applicable Provider Fee received

with respect to a specific Booking upon written notice to the attention of OddJobbers Support detailing the

source of any discrepancy in the amount received compared to the number of hours Provider reported in

connection with such Booking. OddJobbers may determine how to address any discrepancy so identified in

its sole discretion. Nothing set forth herein shall prohibit or otherwise restrict Providers from negotiating

additional services with their Customer following completion of a Booking. OddJobbers reserves the right

to withhold all or a portion of Booking Fees if it believes you have attempted to defraud or abuse

OddJobbers or OddJobbers’ payment systems.

 

g. Promotions. OddJobbers, in its sole discretion, may make available promotions with different features to

any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing

whatsoever on your Agreement or relationship with Providers. You are not required to participate in

promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE ODDJOBBERS

PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS

APPLICABLE TO THE PROMOTIONAL ACTIVITY.

 

h. OddJobbers Promo Codes.  From time to time, OddJobbers will distribute unique alphanumeric codes or

preloaded credits (“Promo Codes”) that can be redeemed by Customers for a set percentage or value off a

Provider Service (such percentage and value amount may be changed by OddJobbers without notice prior to

redemption), but unless otherwise indicated, the Promo Code only applies to Booking Fees and does not

apply to tips. Promo Codes are only redeemable for use on the OddJobbers Platform to be applied toward

Provider Services and are non-transferable or redeemable for cash value. Promo Codes must be applied

prior to the submission of a request for a Provider Service and cannot be applied to previously completed

Provider Services. Only one Promo Code can be used per Provider Service and each unique Promo Code is

limited 1 per User, per household, per service address, and any balance remaining on the Promo Code will

be forfeited, unless otherwise agreed to by OddJobbers in its sole discretion. Promo Codes and other

discounts cannot be combined with any other offers or promotions and may be limited in quantity.  Promo

Codes are subject to expiration and must be used within the amount of time stated by OddJobbers at the

time the Promo Code is provided to you, but in no event later than (30) days from the date thereof; provided,

however, that OddJobbers reserves the right in its sole discretion to extend the validity of a Promo Code

beyond the stated expiration date. OddJobbers further reserves the right to withhold or deduct credits or

other features or benefits obtained using a Promo Code by a User if OddJobbers determines or believes that

the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable

Promo Code terms or these Terms of Use. Unless preloaded to a User account by OddJobbers in its sole

discretion, Users must enter each Promo Code into their account for its appropriate value before a User can

use that value on the OddJobbers Platform.   

 

3. Booking Cancellation

 

OddJobbers' cancellation policy for specific Bookings is as follows:

 

a. Cancellation by Customer. As a Customer, you may cancel or reschedule your scheduled Booking through

OddJobbers.com. If you cancel your Booking only through direct correspondence with a Provider,

OddJobbers, in its sole discretion, reserves the right to charge you for the Booking .

 

b. Cancellation by Providers. As a Provider, although you may cancel your scheduled provision of Provider

Services for a Booking if absolutely necessary, please understand that your cancellations are serious matters

and may result in the suspension or deactivation of your User account. If you are more than 15 minutes late

for a scheduled Booking or fail to complete a scheduled Booking, you shall be deemed to have cancelled

such appointment. When you cancel a scheduled appointment, the OddJobbers Platform attempts to assign

the Booking to another available Provider. In the event the OddJobbers Platform is unable to locate another

available Provider, OddJobbers will ask the Customer to reschedule the Booking. OddJobbers cannot

guarantee that a cancelled Booking appointment will be assigned to another Provider and rescheduled or

that the Provider Service request will be completed. Thus, your cancellation or failure to timely show up to

perform a scheduled Booking could negatively impact your Customer and the OddJobbers Platform. As a

result, such conduct may adversely impact your rating among Customers. CANCELLATION OF TWO OR

MORE SCHEDULED APPOINTMENTS WITHIN A 30-DAY PERIOD IS A VIOLATION OF THE

TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION

OF YOUR USER ACCOUNT.

  

4. Ratings

 

To help maintain the quality of the OddJobbers Platform, Customers will have the opportunity to rate Providers

after the completion of Provider Services. Each rating a Customer gives can have an impact on that Provider's

future success on the OddJobbers Platform. In addition, Providers with a low star rating may be prohibited from

using the OddJobbers Platform. Users may also report other Users in the event of misconduct or a violation of

these Terms of Use.

 

5. Communications

 

By becoming a User, you expressly consent and agree to accept and receive electronic and other

communications from us, including via email, text message, calls, and push notifications to the telephone

number or email address you provided to us. If you wish to opt out of promotional emails, text messages, or

other communications, you may opt out by following the unsubscribe options provided to you in such

promotional communications. You may opt out of receiving non-promotional communications from us at any

time by deactivating your account. You may continue to receive text messages for a period of time while we

work to deactivate your account, and you may also receive text messages confirming the deactivation of your

account. You consent to receive autodialed or prerecorded calls from us at the telephone number that you have

provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce

these Terms of Use. You are not required to provide your consent to these calls as a condition of use of the

OddJobbers Platform. Standard telephone minute charges may apply.

 

We may, without further notice or warning and in our discretion, monitor or record telephone conversations that

we have with you or anyone acting on your behalf for quality control and training purposes or to protect our

rights.  We may, without further notice or warning, and in our discretion, access, store, use, and disclose the

messages, call transcripts, and data about the calls/messages between and among Users that occur through the

OddJobbers Platform for our business purposes, including to provide and improve customer service and the

OddJobbers Platform, fraud prevention, and to identify violations of this Agreement.

 

6. Booking Location

 

Complete submission of a Booking will include providing the address of the location where Provider Services

are to be performed. This information will be kept confidential and only communicated to the Provider that will

perform the Provider Services. By providing your address you agree to the use of marketing and promotional

material to be delivered to that address.

7. Accessing the OddJobbers Platform and Account Security

 

We reserve the right to withdraw or amend the OddJobbers Platform, including any features we provide on the

OddJobbers Platform in our sole discretion without notice. We will not be liable if for any reason all or any part

of the OddJobbers Platform is unavailable at any time or for any period. From time to time, we may restrict

access to some parts of the OddJobbers Platform, or the entire OddJobbers Platform, to Users for any reason or

no reason. You are responsible for making all arrangements necessary for you to have access to the OddJobbers

Platform.

 

To access the OddJobbers Platform or some of the resources it offers, you may be asked to provide certain

registration details or other information. You may register to use the OddJobbers Platform by using your

existing Facebook or Google account and log-in credentials (your “Third Party Site Password”). It is a condition

of your use of the OddJobbers Platform that all the information you provide on the OddJobbers Platform is

correct, current and complete. You agree that all information you provide to register with the OddJobbers

Platform or otherwise, including but not limited to through the use of any interactive features on the OddJobbers

Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your

information consistent with our Privacy Policy.

 

If you choose, or are provided with, a user name, password or any other piece of information as part of our

security procedures, you must treat such information as confidential, and you must not disclose it to any other

person or entity. You also acknowledge that your account is personal to you and agree not to provide any other

person with access to the OddJobbers Platform or portions of it using your user name, password or other

security information, including Third Party Site Password. You agree to notify us immediately of any

unauthorized access to or use of your user name or password or any other breach of security. You are solely

responsible for maintaining the confidentiality of your account and password, and you accept responsibility for

all activities that occur under your account. You also agree to ensure that you exit from your account at the end

of each session. You should use particular caution when accessing your account from a public or shared

computer so that others are not able to view or record your password or other personal information.

 

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by

us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any

provision of this Agreement.

 

8. Release

 

THE ODDJOBBERS PLATFORM IS ONLY A PLATFORM FOR CONNECTING USERS. EXCEPT AS

OTHERWISE SET FORTH HEREIN, ODDJOBBERS IS NOT AFFILIATED WITH ANY CARRIER,

PROVIDER, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER,

PROVIDER, OR THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT

LIMITATION, ANY OTHER USER OF THE ODDJOBBERS PLATFORM, IS DIRECTLY BETWEEN YOU

AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE ODDJOBBERS (AND

ODDJOBBERS’ OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES)

FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF

EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,

DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH

DISPUTES.

 

9. Limited License; Intellectual Property Rights

 

The OddJobbers Platform is licensed, not sold, to you for use only under these Terms of Use. Subject to your

complete and ongoing compliance with the terms and conditions of these Terms of Use, OddJobbers hereby

grants you a personal, limited, revocable, non-transferable, non-exclusive, non-sublicensable license to: (a)

access and use the OddJobbers Platform solely for your own use or for the entity on whose behalf you are

authorized to act.

 

You may not modify, alter, reproduce, or distribute the OddJobbers Platform. You may not directly rent, lease,

lend, sell, redistribute, or sublicense the OddJobbers Platform. You must not decompile, reverse engineer,

disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the

OddJobbers Platform, any updates, or any part thereof (except as and only to the extent any foregoing

restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or

circumvent any security or other technological measure designed to protect the OddJobbers Platform or any

content available through the OddJobbers Platform.

 

The OddJobbers Platform and its entire contents, features and functionality (including but not limited to all

information, software, text, displays, images, video and audio, and the design, selection and arrangement

thereof), are owned by OddJobbers, its licensors or other owners of such material, and are protected by United

States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary

rights laws.

 

10. Prohibited Uses

 

You may use the OddJobbers Platform only for lawful purposes and in accordance with this Agreement. You

agree not to use the OddJobbers Platform:

 

In any way that violates any applicable federal, state, local or international law or regulation (including,

without limitation, any laws regarding the export of data or software to and from the US or other

countries).

For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing

them to inappropriate content, asking for personally identifiable information or otherwise.

To impersonate or attempt to impersonate a Provider, a Provider’s employee, another User or any other

person or entity (including, without limitation, by using email addresses or screen names associated with

any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the OddJobbers

Platform, or which, as determined by us, may harm OddJobbers or Users of the OddJobbers Platform or

expose them to liability.

 

Additionally, you agree not to:

Use the OddJobbers Platform in any manner that could disable, overburden, damage, or impair the site

or interfere with any other party's use of the OddJobbers Platform, including their ability to engage in

real time activities through the OddJobbers Platform.

Use any robot, spider or other automatic device, process or means to access the OddJobbers Platform for

any purpose, including monitoring or copying any of the material on the OddJobbers Platform.

Use any manual process to monitor or copy any of the material on the OddJobbers Platform or for any

other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the OddJobbers Platform.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or

technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the OddJobbers

Platform, the server on which the OddJobbers Platform is stored, or any server, computer or database

connected to the OddJobbers Platform.

Attack the OddJobbers Platform via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the OddJobbers Platform.

 

11. Digital Millennium Copyright Act

 

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service

OddJobbers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about

material posted on the OddJobbers Platform, you may contact our team at info@oddjobbers.com.

 

Any notice alleging that materials hosted by or distributed through the OddJobbers Platform infringe intellectual

property rights must include the following information:

 

an electronic or physical signature of the person authorized to act on behalf of the owner of the

copyright or other right being infringed;

a description of the copyright-protected work or other intellectual property right that you claim has been

infringed;

a description of the material that you claim is infringing and where it is located on the OddJobbers

Platform;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the use of those materials on the OddJobbers

Platform is not authorized by the copyright owner, its agent, or the law; and

a statement by you that the above information in your notice is accurate and that, under penalty of

perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or

intellectual property owner's behalf.

 

Repeat Infringers. OddJobbers will promptly terminate without notice the accounts of Users that are determined

by OddJobbers to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer

is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 12

below) removed from the OddJobbers Platform at least twice.

12. User Contributions

 

The OddJobbers Platform may contain profiles and other interactive features that allow Users to post, submit,

publish, display or transmit to other Users text, photographs, images, or other materials (collectively, "User

Contributions") on or through the OddJobbers Platform, including User-supplied profile pictures, job/service-

related photos, and feedback relating to Provider Services (“Feedback”).

 

Any User Contribution you post to the site is subject to the governing provisions set forth in our Privacy Policy.

User Contributions will be considered non-confidential and non-proprietary. By providing any User

Contribution on the OddJobbers Platform, you hereby grant us and our licensees, successors and assigns the

right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such

material for any purpose. By posting or sharing User Contributions with other Users, to the fullest extent

permitted under applicable law, you grant those Users a non-exclusive license to access and use those User

Contributions as permitted by these Terms of Use and the functionality of the OddJobbers Platform.

 

You represent and warrant that:

 

You own or control all rights in and to the User Contributions and have the right to grant the licenses

granted above to us and our licensees, successors and assigns and other Users.

Your User Contributions, and the use of your User Contributions as contemplated by these Terms of

Use, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any

copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other

intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy,

publicity or other property rights of any other person; (iii) be obscene, contain nudity, be harmful to

minors, infected with viruses that are intended to detrimentally interfere with any data, or liability

inducing to OddJobbers; or (iv) cause OddJobbers to violate any law or regulation.

All of your User Contributions do and will comply with this Agreement.

 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute,

and you, not OddJobbers, are fully responsibility for such content, including its legality, reliability, accuracy

and appropriateness.

 

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted

by you or any other User of the OddJobbers Platform.

 

In exchange for the right to use the OddJobbers Platform, Users who post User Contributions or submit

Feedback hereby irrevocably grant to OddJobbers the following rights in connection with the display,

distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions and

Feedback in connection with the OddJobbers Platform:

 

the right to use User Contributions and Feedback in the advertising, marketing, and/or publicizing of the

OddJobbers Platform to perform and improve upon the OddJobbers Platform; or

the right to exercise all copyright, publicity rights, and any other rights therein.

 

Such right applies in any media now known or not currently known, and such right is hereby deemed to be

perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable

(through multiple tiers). User hereby releases OddJobbers from (and shall not bring any) proceeding, whether

now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar

matter, or based upon the use of your User Contributions and Feedback.

13. Monitoring and Enforcement

 

OddJobbers reserves the right to:

 

Remove or refuse to post any User Contribution for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole

discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any

intellectual property right or other right of any person or entity, threatens the personal safety of Users of

the OddJobbers Platform or the public or could create liability for OddJobbers.

Disclose your identity or other information about you to any third party who claims that material posted

by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal

or unauthorized use of the OddJobbers Platform.

Terminate or suspend your access to all or part of the OddJobbers Platform for any or no reason, in its

sole discretion, including without limitation, any violation of this Agreement.

 

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or

court order requesting or directing us to disclose the identity or other information of anyone posting any

materials on or through the OddJobbers Platform. YOU WAIVE AND HOLD HARMLESS ODDJOBBERS

AND ITS AFFILIATES, LICENSEES, DIRECTORS, OFFICERS, INVESTORS, AGENTS, AND

EMPLOYEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE

FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY

ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW

ENFORCEMENT AUTHORITIES.

 

To the fullest extent permitted under applicable law, we are under no obligation to edit or control User

Contributions that you or other Users post or publish, and we expressly disclaim any and all liability in

connection with any User Contributions. OddJobbers may, at any time and without prior notice, screen, remove,

edit, or block any User that in our sole judgment violates these Terms of Use or are otherwise objectionable.

You understand that when using the OddJobbers Platform you will be exposed to User Contributions and

materials from a variety of sources and acknowledge that they may be inaccurate, offensive, indecent, or

objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have

against OddJobbers with respect to these User Contributions or other materials.

 

14. User Disputes.

 

We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated

by either a Provider or a Customer is not resolved independently, you hereby agree, at OddJobbers’ request in

its sole discretion, to participate in good faith, in a neutral resolution, mediation, or arbitration process

conducted by OddJobbers or a neutral third-party mediator or arbitrator selected by OddJobbers.

Notwithstanding the foregoing, you acknowledge and agree that OddJobbers is under no obligation to become

involved in or impose resolution in any dispute between or among Users or any third party.

 

15. OddJobbers Protection Pledge.

The OddJobbers Platform provides a marketplace and communication platform where Providers can connect

with Customers to provide services requested by Customers. OddJobbers uses its proprietary matching system

to facilitate this connection, with the intent of enabling Providers and Customers to establish a positive and

mutually beneficial connection. This process relies upon the accuracy of information provided by Providers and

Customers, and Providers and Customers should always thoughtfully evaluate and discuss whether a particular

Provider is qualified and capable of successfully performing any requested services. OddJobbers does not

control or direct the delivery of services by Providers to Customers and therefore cannot and does not make any

representations regarding the quality of such services. OddJobbers assumes no liability for the acts or omissions

of any Provider and, pursuant to the Terms of Use (including without limitation Section 8 ), OddJobbers is not

liable to Customer for damages arising out of acts or omissions of Providers. However, because OddJobbers

desires to provide Customers with a positive experience and to encourage further use of the OddJobbers

Platform, OddJobbers maintains the following “OddJobbers Protection Pledge”:

a. Discretionary Payment. In the event a dispute initiated by either a Provider or a Customer is not resolved

independently (a “User Dispute”), subject to the Terms of Use, OddJobbers may offer to a User, in

OddJobbers’ sole discretion— an amount not to exceed $2,500 for damages arising out of or relating to a

specific Job, including (i) damage, loss, or destruction of tangible personal property owned by such User;

and (ii) physical injury or death of such User (a “Discretionary Payment”). For the avoidance of doubt,

OddJobbers has no obligation to provide a Discretionary Payment pursuant to the OddJobbers Protection

Pledge.

b. Eligibility. To qualify for a Discretionary Payment under the OddJobbers Protection Pledge, User must

satisfy the following conditions:

i. User must not have violated the Terms of Use;

ii. User must promptly disclose the nature of such User Dispute to OddJobbers, and in no

event more than thirty (30) days after the Booking giving rise to such User Dispute;

iii. User’s account is up to date and has no outstanding balance;

iv. The User Dispute must not arise out of Excluded Services; and

v. User must not have caused the damages subject to a User Dispute through such User’s

own negligence or violation of applicable law or regulations.

c. Acceptance of Discretionary Payment; Release. User and OddJobbers acknowledge and agree that, in the

event OddJobbers offers a Discretionary Payment, by accepting such Discretionary Payment, User agrees as

follows:

i. USER IRREVOCABLY RELEASES ODDJOBBERS (AND ODDJOBBERS’ OFFICERS,

DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES), AND

ANY OTHER USER(S) INVOLVED IN SUCH USER DISPUTE (AND TO THE EXTENT

APPLICABLE, ANY SUCH USER’S OFFICERS, DIRECTORS, AGENTS, INVESTORS,

SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS,

OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE,

KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND

UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH

USER DISPUTE.

II. IN THE EVENT CALIFORNIA CIVIL CODE § 1542 APPLIES, USER

ACKNOWLEDGES HAVING READ AND WAIVES APPLICATION OF SUCH

SECTION, WHICH STATES THE FOLLOWING: “A GENERAL RELEASE DOES NOT

EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER,

WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE

DEBTOR OR RELEASED PARTY.”

iii. User shall maintain in confidence the details of the User Dispute (except to the extent

reasonably necessary to consult with legal counsel) and shall not disclose the dollar amount

provided in any Discretionary Payment.

iv. User acknowledges and agrees any Discretionary Payment by OddJobbers pursuant to the

OddJobbers Protection Pledge does not constitute an admission of fault or wrongdoing.

d. Nature of Program. The OddJobbers Protection Pledge is not insurance. OddJobbers is under no obligation

to and does not undertake any commitment to provide a Discretionary Payment to any User or any third

party. OddJobbers solely offers the OddJobbers Protection Pledge for the purpose of providing Users with a

positive experience and encouraging further use of the OddJobbers Platform.

16. User Provisions

 

a. Insurance.  As a User, you acknowledge and agree that it is your responsibility to maintain in full force and

effect adequate liability and other forms of insurance with policy limits sufficient to protect and indemnify

you in connection with Provider Services performed by Providers, whether you are a Provider or a

Customer. You agree to release OddJobbers and its affiliates, and each of their officers, directors, agents,

employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any

losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants,

or employees.

 

b. Being a Provider.  Before any Provider Services are performed by any person, that person must become a

registered, approved Provider on the OddJobbers Platform pursuant to OddJobbers’ policies as described

herein.  Users that utilize non-registered, non-approved personnel to assist with Provider Services could

have their permission to access the OddJobbers Platform revoked at the discretion of OddJobbers. Each

Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of

helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state

and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the

performance of the Provider Services whether or not the Provider is in violation of this policy.

 

c. Equipment.  As a Provider, you are solely responsible for any costs or expenses incurred by you in

connection with the performance of any Provider Services, and in no event shall OddJobbers reimburse, or

be required to reimburse, you for any tools, materials, costs or expenses used in connection with any

Provider Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and

other materials used to perform the services. You, at your sole discretion, shall determine what equipment,

supplies, and materials are necessary to perform a service, and where, when, and at what cost, to purchase or

maintain any necessary equipment, supplies, tools, and materials.

 

d. Representations.  By indicating your intent and availability to provide Provider Services to Customers

during a specific time period, agreeing to provide Provider Services in connection with a Booking or

providing Provider Services in connection with a Booking on the OddJobbers Platform, you represent,

warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or

certifications for performance of such Provider Services; (ii) you will not transfer or sell your User account,

password and/or identification to any other party; (iii) you will be solely responsible for any and all liability

that results from or is alleged as a result of your provision of services, including, but not limited to personal

injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations

while providing Provider Services, and you will be solely responsible for any violations of such provisions;

(v) you will pay all applicable federal, state and local taxes based on your provision of Provider Services

and any payments received by you; and (vi) you will not attempt to defraud OddJobbers in connection with

your provision of Provider Services.

Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to

pay all reasonable out-of-pocket expenses incurred by OddJobbers in connection with the resolution of any

property damage or other claims resulting from a Booking you performed for a Customer (excluding any

amount paid by OddJobbers pursuant to the OddJobbers Protection Pledge), and (ii) that OddJobbers shall

have the right to suspend your User account until OddJobbers has received payment in full for all such

reimbursable amounts.

 

17. Non-Circumvention. 

Within six (6) months after the last time a Provider schedules a Booking with a Customer using the OddJobbers

Platform, payment for any additional services provided to the same Customer by Provider shall be paid using

the OddJobbers Platform, regardless of whether such services were arranged through the OddJobbers Platform.

Provider and Customer shall be jointly and severally liable for a breach of the previous sentence, in addition to

all other remedies provided by this Agreement and applicable law, including injunctive relief. Provider and

Customer agree to pay all attorneys’ fees and costs OddJobbers incurs in connection with enforcing this non-

circumvention provision against a Provider and/or Customer that breaches this non-circumvention provision.

 

18. Third Party Services, Third Party Fees, and Linked Websites

 

a. Access to Third Party Services.  The OddJobbers Platform may provide you with access to third-party

websites, databases, networks, servers, information, software, programs, systems, directories, applications,

products or services, or charitable donation programs (collectively, "Third Party Services"), and may enable

you to export information or content, including your or other Users’ contributions, to Third Party Services

such as Twitter or Facebook, through a feature of the OddJobbers Platform. By using one of these features,

you agree that OddJobbers may transfer that information or information to the applicable Third Party

Service. OddJobbers does not have or maintain any control over Third Party Services and is not and cannot

be responsible for their content, operation or use. By linking or otherwise displaying information from or

providing access to any Third Party Services, OddJobbers does not give any representation, warranty or

endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content,

information or services provided by those Third Party Services. 

b. Disclaimer of Liability for Third Party Services.  Third Party Services may have their own terms of use and

privacy policy, and your use of the OddJobbers Platform may incur third-party fees, such as fees charged by

your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms

of use, privacy policy or other terms governing your use of Third Party Services, and you are solely

responsible for all Third Party Services’ fees incurred by you for use of the OddJobbers Platform. You are

solely responsible for taking the precautions necessary to protect yourself from fraud when using Third

Party Services and to protect your computer systems from viruses, worms, trojan horses and other harmful

or destructive content that may be included on or with any Third Party Services. OddJobbers disclaims any

and all responsibility or liability for any harm resulting from your use of Third Party Services, and you

hereby irrevocably waive any claim against OddJobbers with respect to any Third Party Services.

 

19. Third Party Software

 

Software you download in connection with the OddJobbers Platform consists of a package of components that

may include certain third-party software ("Third Party Software") provided under separate license terms (the

"Third Party Terms"). Your use of the Third Party Software in conjunction with the OddJobbers Platform in a

manner consistent with these Terms of Use is permitted; however, you may have broader rights under the

applicable Third Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on

your use of the Third Party Software.

 

20. Terms and Termination

 

This Agreement is effective upon your creation of a User account. You may discontinue your use of the

OddJobbers Platform or participation in any service at any time, for any reason. We may suspend or deactivate

your User account (either as a Provider and/or Customer), or revoke your permission to access the OddJobbers

Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the

OddJobbers Platform to any User for any reason not prohibited by law. Either party may terminate the

Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any

subsequent modifications of this Agreement, shall remain in effect at all times after you or OddJobbers

terminate your participation or access to the OddJobbers Platform.

 

21. Changes to the OddJobbers Platform

 

We may update the content on the OddJobbers Platform from time to time, but its content is not necessarily

complete or up-to-date. Any of the material on the OddJobbers Platform may be out of date at any given time,

and we are under no obligation to update such material.

 

22. Information About You and Your Visits to the OddJobbers Platform

 

All information we collect on this OddJobbers Platform is subject to our Privacy Policy. By using the

OddJobbers Platform, you consent to all actions taken by us with respect to your information in compliance

with the Privacy Policy.

23. Confidential Information

 

OddJobber's Confidential Information.  You acknowledge that Confidential Information (as hereinafter defined)

is a valuable, special and unique asset of OddJobbers and agree that you will not disclose, transfer, use (or seek

to induce others to disclose, transfer or use) any Confidential Information for any purpose other than providing

or obtaining Provider Service, provided you may disclose Confidential Information to your employees and

agents who are bound to maintain the confidentiality of such information and reasonably require access to such

information. You shall promptly notify OddJobbers in writing of any circumstances which may constitute

unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect

Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any

copies of any and all materials containing Confidential Information to OddJobbers upon termination of this

Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of

OddJobbers' trade secrets, confidential and proprietary information and all other information and data of

OddJobbers that is not generally known to the public or other third parties who could derive value, economic or

otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-

how, research, product plans, products, services, customers, markets, software, developments, inventions,

processes, formulas, technology, designs, drawings, engineering, hardware configuration information,

marketing, finances or other business information disclosed directly or indirectly in writing, orally or by

drawings or observation.

 

24. Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the

Internet or the OddJobbers Platform will be free of viruses or other destructive code. You are responsible for

implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus

protection and accuracy of data input and output and for maintaining a means external to our site for any

reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A

DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY

HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE

DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR

USE OF THE ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

ODDJOBBERS PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR

ON ANY THIRD PARTY SERVICES LINKED TO IT.

 

YOUR USE OF THE ODDJOBBERS PLATFORM, ITS CONTENT AND ANY PLATFORM SERVICES OR

ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM IS AT YOUR OWN RISK. THE

ODDJOBBERS PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH

THE ODDJOBBERS PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,

WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER

ODDJOBBERS NOR ANY PERSON ASSOCIATED WITH ODDJOBBERS MAKES ANY WARRANTY

OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,

QUALITY, ACCURACY OR AVAILABILITY OF THE ODDJOBBERS PLATFORM. WITHOUT

LIMITING THE FOREGOING, NEITHER ODDJOBBERS NOR ANYONE ASSOCIATED WITH

ODDJOBBERS REPRESENTS OR WARRANTS THAT THE ODDJOBBERS PLATFORM, ITS CONTENT

OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL BE

ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE

CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ODDJOBBERS PLATFORM OR ANY

SERVICES OR ITEMS OBTAINED THROUGH THE ODDJOBBERS PLATFORM WILL OTHERWISE

MEET YOUR NEEDS OR EXPECTATIONS.

 

ODDJOBBERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES

OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR

LIMITED UNDER APPLICABLE LAW.

 

25. Limitation on Liability

 

IN NO EVENT WILL ODDJOBBERS, ITS AFFILIATES, ITS LICENSORS, OR ITS AND THEIR

RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF

ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR

USE, OR INABILITY TO USE, THE ODDJOBBERS PLATFORM, ANY CONTENT ON THE

ODDJOBBERS PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE

ODDJOBBERS PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,

CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL

INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS,

LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF

DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT

OR OTHERWISE, EVEN IF FORESEEABLE.

 

THE AGGREGATE LIABILITY OF ODDJOBBERS, ITS AFFILIATES, ITS LICENSORS, OR ITS AND

THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU FOR ALL CLAIMS

ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF

THE ODDJOBBERS PLATFORM OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN

CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE

LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO ODDJOBBERS FOR

ACCESS TO AND USE OF THE ODDJOBBERS PLATFORM IN THE 12 MONTHS PRIOR TO THE

EVENT(S) GIVING RISE TO CLAIM; OR (B) $100.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR

LIMITED UNDER APPLICABLE LAW.  EACH PROVISION OF THESE TERMS OF USE THAT

PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION

OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES

UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS

OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND

INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN

THIS SECTION 24 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL

PURPOSE.

 

26. Indemnification

 

You agree to defend, indemnify and hold harmless OddJobbers, its affiliates, its licensors, and its and their

respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from

and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including

reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the

OddJobbers Platform, including, but not limited to, any use of the OddJobbers Platform's content, Platform

Services and products other than as expressly authorized in this Agreement or your use of any information

obtained from the OddJobbers Platform.

 

27. Dispute Resolution; Arbitration of Claims

 

Generally, in the interest of resolving disputes between you and OddJobbers in the most expedient and cost

effective manner, YOU AND ODDJOBBERS MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN

CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION.

Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury,

may allow for more limited discovery than in court, and can be subject to very limited review by courts.

Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes

includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort,

statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or

after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO

THIS AGREEMENT, YOU AND ODDJOBBERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY

JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER

APPLICABLE LAW.

 

a. Exceptions.  Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of

either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through

the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of

law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

 

b. Arbitrator.  Any arbitration between you and OddJobbers, or its officers, directors, employees, contractors,

agents, successors, or assigns will be resolved under the Federal Arbitration Act and governed by the

Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related

Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by

this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online

at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting OddJobbers.

 

c. Notice; Process.  A party who intends to seek arbitration must first send a written notice of the dispute to the

other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has

not provided a current physical address, then by electronic mail ("Notice"). OddJobbers' address for Notice

is: OddJobbers, Inc., 904 W Riverside Ave PO Box 1087 STE 109, Spokane, WA 99210. The Notice must:

(i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought

("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not

reach an agreement to do so within 30 days after the Notice is received, you or OddJobbers may commence

an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or

OddJobbers must not be disclosed to the arbitrator until after the arbitrator makes a final decision and

award, if any. If the dispute is finally resolved through arbitration in your favor, OddJobbers will pay you

the amount awarded by the arbitrator, if any.

d. Fees.  If you commence arbitration in accordance with this Agreement, OddJobbers will reimburse you for

your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of

any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be

agreed upon in Spokane, WA, but if the claim is for $10,000 or less, you may choose whether the arbitration

will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance

based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or

parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief

sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set

forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA

Rules. In that case, you agree to reimburse OddJobbers for all monies previously disbursed by it that are

otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is

conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings

and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and

resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding

and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

 

e. No Class Actions.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND

ODDJOBBERS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN

YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and OddJobbers

agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise

preside over any form of a representative or class proceeding, to the fullest extent permitted under

applicable law.

 

f. Modifications to this Arbitration Provision.  If OddJobbers makes any future change to this arbitration

provision, other than a change to OddJobbers’ address for Notice, you may reject the change by sending us

written notice within 30 days of the change to OddJobbers’ address for Notice, in which case your account

with OddJobbers will be immediately terminated and this arbitration provision, as in effect immediately

prior to the changes you rejected will survive.

 

g. Enforceability.  If any part of this section is found to be unenforceable, then the entirety of this section will

be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this

Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive

authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding

arbitration agreement.

 

h. Provider Opt-Out of Arbitration.  For a Provider, arbitration is not a mandatory condition of this Agreement

with respect to any dispute or claims brought by OddJobbers against a Provider, or for disputes or claims

brought by a Provider against OddJobbers that: (i) are based on an alleged employment relationship between

OddJobbers and a Provider; (ii) arise out of, or relate to, OddJobbers’ actual deactivation or suspension of a

Provider account or a threat by OddJobbers to deactivate or suspend a Provider account; (iii) arise out of, or

relate to, OddJobbers’ actual termination of a Provider’s Agreement with OddJobbers, or a threat by

OddJobbers to terminate a Provider’s Agreement; or (iv) arise out of, or relate to Provider Fees, other than

disputes relating to referral bonuses, other OddJobbers promotions, or consumer-type disputes (the subset of

Claims in subsections (i)-(iv) shall be collectively referred to as “Provider Claims”).

 

If you do not want to be subject to this Dispute Resolution provision with respect to Provider Claims, you may

opt out by notifying the Company in writing of your decision, either by sending, within thirty (30) days of the

date you receive this Agreement, (1) an electronic mail to info@oddjobbers.com, stating clearly your name and

intent to opt out of this Dispute Resolution provision or (2) by sending a letter by U.S. Mail, or by any

nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: OddJobbers,

Inc. 904 W Riverside Ave PO Box 1087 STE 109, Spokane, WA 99210. To be effective, the letter under option

(2) must clearly indicate your intent to opt out of this Dispute Resolution Provision and must be dated and

signed. If hand delivered, the signed letter must be received within thirty (30) days of your receipt of this

Agreement. If sent by mail, the letter must be post-marked with a date less than thirty (30) days from the date

you receive this Agreement. Should you choose not to opt out of this Dispute Resolution Provision within the

30-day period, you and OddJobbers will be bound by the terms of this Dispute Resolution Provision. You have

the right to consult with counsel of your choice concerning this Dispute Resolution Provision. You understand

that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute

Resolution Provision.

 

28. Governing Law; Jurisdiction

 

Except as set forth in Section 26 entitled "Dispute Resolution; Arbitration of Claims,” this Agreement is

governed and interpreted pursuant to the laws of the State of Washington, United States of America,

notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 26

hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Spokane

County, Washington, and waive any and all objections to the exercise of jurisdiction over you by such courts

and to venue in such courts.

 

29. Waiver and Severability

 

No waiver by OddJobbers of any term or condition set forth in this Agreement shall be deemed a further or

continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of

OddJobbers to assert a right or provision under this Agreement shall not constitute a waiver of such right or

provision.

 

If any provision of this Agreement 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 this Agreement will continue in full force and effect.

 

30. Development and Testing

 

For purposes of developing and testing the OddJobbers Platform, on occasion an OddJobbers representative

may schedule or perform services in connection with a Booking on the OddJobbers Platform within the

Spokane market. On such occasions, the contract for such Booking shall be between OddJobbers and such

Customer and shall be governed by the applicable terms of this Agreement, including, but not limited, to

Section 27 above.

 

31. Entire Agreement

 

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and

OddJobbers with respect to the OddJobbers Platform and supersede all prior and contemporaneous

understandings, agreements, representations and warranties, both written and oral, with respect to the

OddJobbers Platform.

 

32. Assignment

 

This Agreement may not be assigned or transferred by you without OddJobbers’ prior written consent. You

agree that this Agreement and all incorporated agreements may be automatically assigned by OddJobbers, in

our sole discretion, in accordance with the "Notice" section of this Agreement.

 

33. No Agency

 

You are not an employee or agents of OddJobbers , and no partnership, joint venture, employer-employee,

contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.

Providers provide services directly to Customers and are free to decide whether or not to make themselves

available for Bookings on the OddJobbers Platform. Providers are not restricted from providing services outside

the OddJobbers Platform, including via competing virtual marketplaces. Providers therefore may choose

between different service opportunities and competing virtual platforms and exercise managerial discretion in

order to maximize their profits.

 

34. Comments and Concerns

 

All other feedback, comments, requests for technical support and other communications relating to the

OddJobbers Platform should be directed to: info@oddjobbers.com

  

35. Notices

 

Except as explicitly stated otherwise, any notice to OddJobbers shall be given by certified mail, postage prepaid

and return receipt requested to:

 

OddJobbers, Inc.

P.O. Box 1087

904 W Riverside Ave Ste. 109

Spokane, Washington 99210

Attn: Legal

 

Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to

you through the OddJobbers Platform or given to you via the email address you provided to OddJobbers during

the registration process or as otherwise listed in your User account, and such notice shall be deemed given

immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return

receipt requested, to the address provided to OddJobbers during the registration process. In such case, notice

shall be deemed given three days after the date of mailing.

36. Changes to the Terms of Use

 

We may revise and update these Terms of Use from time to time in our sole discretion. Please check these

Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or

obligations, you will be required to accept the modified Terms of Use to continue to use the OddJobbers

Platform. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial

modifications are effective upon publication. Disputes arising under the Terms of Use will be resolved in

accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF

USE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE ODDJOBBERS PLATFORM IS AN

ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND

CONDITIONS OF THIS AGREEMENT.