Effective Date: September 14, 2020
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.
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
access the OddJobbers Platform.
MATERIAL TERMS AND NOTICES
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
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
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
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
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.
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
Provider Services that require a permit, including, but not limited to, remodeling, plumbing and
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
OddJobbers may supplement this list of Excluded Services at any time by posting additional rules
describing prohibited services on the OddJobbers Platform.
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
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
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
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.
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
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
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
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
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.
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
9. Limited License; Intellectual Property Rights
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
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
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
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 firstname.lastname@example.org.
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
a description of the material that you claim is infringing and where it is located on the OddJobbers
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”).
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
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
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
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
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,
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
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
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
b. Eligibility. To qualify for a Discretionary Payment under the OddJobbers Protection Pledge, User must
satisfy the following conditions:
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
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
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,
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
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.
your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms
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
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
OddJobbers Platform, you consent to all actions taken by us with respect to your information in compliance
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
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
PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION
OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES
OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND
THIS SECTION 24 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL
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
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
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
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 email@example.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
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
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
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
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: firstname.lastname@example.org
Except as explicitly stated otherwise, any notice to OddJobbers shall be given by certified mail, postage prepaid
and return receipt requested to:
P.O. Box 1087
904 W Riverside Ave Ste. 109
Spokane, Washington 99210
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.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF
ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT.