Legal
Table of Contents
- Terms of Service and Agreement
- Privacy Policy
- Technology Recommendation Policy
- Refund Policy
- Cookie Policy
- D.M.C.A. Policy and Repeat Infringement Policy
- Intellectual Property Infringement Policy
- Repeat Infringement Policy
Terms of Service and Agreement:
THIS AGREEMENT IS PRESENTED AS-IS. WE RESERVE ALL OTHER RIGHTS.
Some special terms are capitalized in this Agreement and some are not; see the entire section entitled “Terms” for details.
This Terms of Service and Agreement (collectively the “Agreement”) applies to any use and access of our Services. Content, www.omnilessons.com (the “Website”), and any other features that reference this Agreement by Brett Woodmansee, Inc. d/b/a Omnilessons (the “Company” or “Omnilessons” or “we” or “us” or “our”). Our Services exclude any service by independent contractors (independent contractor “services” referred as “Contractor's Work”) by the independent contractors (collectively “Contractors” or singularly “Contractor”); our Website is merely a platform that may provide potential for Contractor's Work. Any individual, company, association, agency, or entity (without limitation) accessing or using any of our Services, Content, Website, or additional features under our control not specified (all collectively known as “Company Property”) is referred as “you” (“you” or “your” or singularly “Client” or collectively “Clients”). If you agree to this Agreement for, or on behalf of, any individual, collective, agency, or entity, then you agree, represent, and warrant that you have permission and authorization to bind any individual, association, agency, or entity to this Agreement; any such bound individuals, association, agencies, or entities are also referred as “you.” Such an individual, association, agency, or entity is bound regardless if the reason(s) is due to the reception of Services, delegation, or any other connection to us.
Any third party we use as part of our regular business (but have absolutely no control over) is referred as a “Relevant Third Party” (collectively “Relevant Third Parties” or singularly “Relevant Third Party”). Any third party otherwise not part of our regular business (and have absolutely no control over) are referred as “Third Party” (collectively “Third Parties” or singularly “Third Party”).
You must be 18 years of age or older; see the entire section entitled “Age Requirements” for details.
In addition to this Agreement, we have further policies and agreements located here: www.omnilessons.com/legal-3 (collectively “Additional Policies”) that are all combined into this Agreement by reference. This Agreement and our Additional Policies are a contract between you and us.
YOU AGREE TO THIS AGREEMENT REGARDLESS OF YOUR ACCESS BY ANY TECHNOLOGY, INCLUDING ANY INABILITY OR INCONVENIENCE TO SEE TERMS, THIS AGREEMENT, AND ADDITIONAL POLICIES FROM THE USE OF A MOBILE DEVICE, ANY COMPUTER, OR ANY OTHER TECHNOLOGY NOT SPECIFIED EVEN IF THE WEBSITE IS NOT CONVENIENT, DESIGNED, OR FUNCTIONAL AT ALL FOR SUCH DEVICES.
If you do not agree to this Agreement, exit our Website and cease any and all activity regarding Company Property.
In addition to this Agreement, we have further policies and agreements that are incorporated into this Agreement by reference located here: www.omnilessons.com/legal-3 (the “Additional Policies”). Some of these Additional Policies include our Privacy Policy, Cookie Policy, and Technology Recommendation Policy. If any Additional Policies conflict with this Agreement, the Agreement will take priority unless otherwise stated in such Additional Policies. All Additional Policies are considered part of this Agreement and are posted on our Website here: www.omnilessons.com/legal-3. You agree to all Additional Policies as part of this Agreement. Our Privacy Policy is found here: www.omnilessons.com/legal-3, our Cookie Policy is found here: www.omnilessons.com/legal-3, our Technology Recommendation Policy is found here: www.omnilessons.com/legal-3, and our Dispute Resolution Policy is found here: www.omnilessons.com/legal-3. We reserve the right to amend, adapt, remedy, change, suspend, limit, affect, modify, expand, reduce, translate, diminish, add upon, eliminate, revoke, refuse, list information regarding, terminate, and discontinue (and other similar terms without limitation; collectively “alter” or “changes” or “amend” and any suffixes attached hereto) these Additional Policies and this Agreement from time to time without notice to you at any time for any reason (or lack of a reason). You agree that online review of these Additional Policies is your complete and sole responsibility and obligation without limitation and to no penalty for us. Any and all such alterations to Additional Policies or the Agreement are effective the moment they are posted on the Website. Any subsequent access or use of this Website and any other Company Property after any alteration binds you to the current Agreement and then-effective Additional Policies. Substantial changes to Additional Policies or this Agreement will have a 30-day notice on the Website before being posted. You agree that this 30-day notice is enough satisfactory notification for any and all purposes (including legal notification) to you.
NOTICE OF CLASS ACTION WAIVER: YOU AGREE THAT ANY DISPUTE OR ACTION AGAINST (OR REGARDING) US IS TO BE INDIVIDUALLY BROUGHT TO (AND REMEDIED OR RESOLVED) BY OUR BINDING DISPUTE RESOLUTION PROCESS WITHIN ONE YEAR OR BE FOREVER WAIVED AND BARRED. IF THE DISPUTE RESOLUTION PROCESS IS UNSUCCESSFUL, COURT ACTION MAY RESULT ONLY AS AN INDIVIDUAL. YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN ANY CLASS-WIDE ARBITRATION, OR CLASS ACTION LAWSUIT AGAINST US IN ANY COURT OR ARBITRATION.
You agree that this entire Agreement and our Additional Policies are understood and that clarification of any part or whole of this Agreement and our Additional Policies has already been explained by legal guidance at your sole and complete expense.
48-Hour Rejection Window: A 48-hour opportunity for the Contractor to reject any requests for Contractor's Work. Once we notify the selected Contractor with relevant information and begin processing the payment, the Contractor has a 48-hour opportunity to reject the Client's request for Contractor's Work for any reason. See the entire section entitled “Appendix 2: Your Use of Our Services” for details.
Additional Policies: Some Company Property of our Website may include additional terms and conditions in combination with this Agreement including our Privacy Policy, Cookie Policy, Refund Policy, Terms and Agreement, and Technology Recommendation Policy. This term refers to those policies without limitation.
Agree (or “agree”): To expressly consent, acknowledge, affirm, understand, represent, and effectively agree.
Agreement: This terms of service and agreement. This term excludes any other agreement but incorporates Additional Policies by reference.
All Parties: Collectively the Company, Client, and Contractor. This term excludes Relevant Third Parties, and Third Parties.
Alter (or “alter” or “change” or “changes” or any suffixes for either): Any alterations, adjustments, adaptations, updates, modifications, corrections, changes, suspensions (temporary, indefinite, or permanent), limitations, disabling effects, effects, expansions, manipulations, reductions, repairs, translations, additions, amendments, revocations, discontinuations, refusals, listing information, terminations, and/or other similar terms without limitation. With regard to technology, the definition also includes creating or modifying features, fixes, patches, updates, and other similar terms without limitation.
Anonymous Information: Any information that cannot specifically or directly identify you.
Class Action Waiver: Your agreement that any dispute or action against (or regarding) us will be submitted individually to the binding Arbitration process within one year for the dispute to be resolved or be forever waived and barred. You agree to waive your rights to participate in any court action, class-wide arbitration, or class action lawsuit against us in any court or arbitration. See the entire section entitled “Dispute Resolution Process” for details.
Client or User: Any authorized individual, company, association, or entity of any kind (without limitation) that accesses or uses our Company Property. This term includes any individual, company, association, agency, or entity of any kind (without limitation).
Client Property: Property, information, communication, and content owned by the Client.
Communication (or “communication” or plural “communications”): Any comments, submissions, negotiations, letters, copies, notebooks, phone communications, surveys, email, U.S. mail, facsimiles, posts, videos, images, uploads, links, problems, transmissions, statements, information, data, screening selections, suggestions, options, advice, background history, answers, responses, questions, composite feedback, critiques, credentials, outlines (of any kind), files, text, requests, proposals, information in any profile, concepts, ideas, testimonials, or other similar terms; however, THIS TERM DOES NOT INCLUDE INTRODUCTIONS BETWEEN CONTRACTORS AND CLIENTS. We do not introduce, recommend, or endorse you to Contractors, nor do we introduce, recommend, or endorse Contractors to you.
Company Property: Any of our services (not specified), personal information, confidential information, equipment, operations, procedures, marketing services, networks, Agreement, Additional Policies, legal documents, intellectual property, Services, communications, Content, computers, software, code, hardware, firmware, systems, data, storage (including archival, filing data, and media types), Website, any software code that is part of our Website, or additional features under our control.
Confidential Information: Any content, intellectual property, intellectual property rights, personal information (especially information that can identify or locate), legal documents, legal communication, communication, and Company Property that you may be able to become familiar with, become acquainted with, access, come into contact with, or use during one of the following:
1. The use or access of Company Property;
2. Contractor's Work;
3. The course of this Agreement;
4. Or any communication with Company, Contractors, Relevant Third Parties, Third Parties, or other Clients.
Confidential Information does not include content acquired by the following as long as our Agreement or Additional Policies are not violated by any Party, Relevant Third Party, or Third Party:
1. The content is from a general, common source or is considered common knowledge.
2. The content was developed or found completely independent of the Parties or preceding your agreement to this Agreement.
3. The content was acquired or released by law.
Content (or “content”): Any content including communications, intellectual property, confidential information, improvements, concepts, text, research, records, creative artwork, original artwork, computer files, media lists, Client lists, sales figures, notes, business affairs, commercial affairs, projects, programs, specifications, technical affairs, employee information, ideas, discoveries, innovations, source code, websites, artwork, graphics, code, applications, developments, arrangements, features, materials, videos, photos, processes, specifications, images, music, functionality, object code, icons, logos, hardware, software, programs, copyrights, inventions, methods, techniques, service marks, trademarks, trade secrets, designs, trade names, franchise names, patents, music, sounds, information, data, records, documents, files, any formula (or formulas), any transmissions, or other similar items. This term includes the arrangement or artistic design of any aforementioned items. To avoid doubt, this term does not include public knowledge or information possessed or independently developed by you that does not involve a violation of this Agreement and our Additional Policies.
Contractor Profiles: Profiles on our Website that contain information and communication given to us voluntarily by Contractors on our Website. Such information may include (or exclude, at the Contractor's discretion) basic identity information, resume material, background history, and work history. Some information, including ratings, feedback, posts, quotes, comments, composite feedback, and composite ratings, may be contributed freely by Clients or Third Parties.
Contractor Property: Property, information, communication, and content owned by the Contractor.
Contractors: Authorized independent contractors on our website platform that you may contact for potential Contractor's Work.
Contractor's Work: Any work or services, potential or actual, that is intended through any process, request, use of equipment, or any other means by an authorized independent contractor or subcontractor regarding services provided to a Client through use of our Website and Services as a connection platform. Contractor’s Work shall not include the sale of any goods through the Website or as part of our Service. The sale of any goods through the Website is expressly prohibited.
Effective Date (or “effective date”): This term refers to the date by which the Agreement is posted on the Website and engages with full force, execution, and effect.
Includes (or “includes” or “include” or “including” or “such as”): To “include but not be limited to”, and “also without limitation”.
Intellectual property (or “intellectual property”): All trademarks, logos, trade names, trade dress, franchise names, patents, copyrights, trade secrets, relevant legal documents, and all other proprietary property and interests not specified, whether registered, unregistered, known, unknown, current, future, in development, within any jurisdiction, under state or federal law, and/or licensed or unlicensed by any legal documents.
Intellectual Property Rights (or “intellectual property rights”): This term includes and refers to the importing, exporting, selling, reproducing, redistributing, publicity, worldwide use, copying, altering, distributing, disclosing, withdrawing, inalienable, general, ownership, privacy, work mask rights, and all other proprietary rights not specified regarding intellectual property.
Issues (or “issues” or singularly “issue” or “Issue”): Any complaints, disputes, disagreements, controversies, problems, or similar items excluding normal business questions, problem solving, process inquiries, or corrections.
Legal documents (or “legal documents” or singularly “legal document”): All notices, records, communications, documents, arguments, contracts, subpoenas, cease-and-desist notices, or any other similar items not specified that are of a legal nature. See the entire section entitled “Communication and Notices” for details.
Marketing Services (or singularly “marketing service” or plural “marketing services”): Services that provide marketing or optional advertising such as ratings, testimonials, feedback, ratings, surveys, metrics, advertisements, promotions, remarks, recommendations, optional rating systems, offers, comments, posts, opinions, Contractor Profiles, and any order, arrangement, display, content, ideas, or design of any aforementioned items or items (and similar items) not specified.
Offensive Behavior: Any one of the following items:
1. Any remark, action, access or use of Company Property (including content, posting, uploads, our Website, and Services), or conduct that includes inappropriate content relating to sexuality, religion, race, nationality, economic status, gender (including any non-binary status), disability, politics, age, marital status, public assistance, creed, or sexual harassment.
2. Any activity, discrimination, request, threat, intimidation, retaliation for making a complaint about offensive behavior, or act of hostility that incorporates illegal, immoral, or unethical content.
3. Any non-adherence to any state, federal, or local laws, regulations, rules, and policies relevant to your use of Company Property. You agree to be responsible and liable for any and all relevant laws regarding the use (and misuse) of our Company Property.
4. Any violation of our agreements (including this Agreement and Additional Policies), our policies, regulations and agreements with Relevant Third Parties, or policies of Relevant Third Parties.
5. Any act or action that results in the distortion, harm, alteration, termination, unauthorized access, restriction, limitation, interruption, deciphering, inhibition, corruption, compromise, impairment, damage, or the disruption of business processes, any transmission to or from any server relevant to our Website, networks, between any servers, our Services, our code, our programs, our software, our Company Property, the integrity of any system, relevant servers, security, or communication in any way between us and anyone else. Any such act or action includes any attempt (at our complete and sole determination) that directly, indirectly, or consequently overloads or alters our Website or resources as well as any content, services, or property of Contractors, Relevant Third Parties, or Third Parties.
6. Any personal information presented to a Contractor that can be used in any way to locate or identify Clients for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website Services (including fees). See the entire section entitled “Conflicts of Interest” for details.
7. Soliciting any personal information or contact information from a Contractor that could be used to locate or identify the Contractor for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website or Services (including fees). See the entire section entitled “Conflicts of Interest” for details.
8. Any act or action that results in Clients or Contractors being prevented, restricted, or unable to access our Website, use our Website, access our Services and Company Property, or use our Services and Company Property.
9. Any act or action that implies an existent relationship (when no such relationship exists); any act or action as an authorized agent (when no such authorization exists); or any imitation of any entity, individual, or agent (of the Company or a Relevant Third Party, Contractor, or Third Party).
10. Any failure in reporting to us if a Contractor or Client ever asks for unnecessary information, discloses unnecessary information to you, offers (or suggests) any offline meetings, or offers in any way any offline conversations; you agree to REPORT TO US IMMEDIATELY IN WRITING if such an event occurs. See the entire section entitled “Conflicts of Interest” for details.
11. Any act, action, use, post, attempted use, introduction, or access to scrapers, spiders, or unwanted spam and computer code to (or regarding) our Company Property.
12. Obtaining, listing, collecting, archiving, storing, harvesting, using, or otherwise attempting to use any personal information or confidential information found on the Website that is not entirely your own.
13. Accessing our Website, Content, or Company Property by any means other than what is permitted, authorized, or provided to you by our Website. This includes the use of any technology known or unknown at any time.
14. Giving, providing, or perpetuating inaccurate, fraudulent, misleading, deceptive, untrue, malicious, incomplete, or inappropriate information to us in any form including our Service Request Forms, email communication, surveys, rating systems, or any other Services, forms, and communication on or through our Website.
15. Failing to provide updated information of any kind (such as a new address, telephone number, and email address) on current forms or to address a current issue to create accurate, non-fraudulent, clear, truthful, unmalicious, complete, and appropriate communication, contact information, and feedback.
16. Using outdated information for the purposes of deceiving us, avoiding payments, or any other purpose.
17. Any act or attempt to circumvent or bypass any effort, framework, or actions not specified that we utilize for any limitations, preventions, or restrictions, including access to our Website (in part or in whole) or any content found on our Website.
18. Any act we suspect, anticipate, or know that produces or leads to legal action, liability, risk, illegal activity, illicit behavior, illicit activity, unsolicited activity, a violation of rights, or a profound risk (including health issues) upon us, other Clients, the Contractors, Relevant Third Parties, or a Third Party. Such acts include any interest or activity that opposes the intentions of the Website, us, or our Clients in general.
Party (or “Parties”): The Company, a Client, or a Contractor. This term excludes Relevant Third Parties and Third Parties.
Pathway: Any potential connection for potential Contractor's Work discovered through our Website, even if merely by email; this is considered a connection made possible by our Website.
Pathway Requirement: The payments being required to be initiated and executed through our Website until one year after the termination of this Agreement or your Pathway discovery through our Website (whichever is longest).
Pathway Requirement Opt-Out Fee: The fee that must be paid to opt-out of making payments on our Website for potential Contractor's Work. See the entire section entitled “Conflicts of Interest” for details.
Personal Information: Any information that can specifically and directly identify you. This term does not include public knowledge or information possessed or independently developed by you that does not involve a violation of this Agreement and our Additional Policies.
Privacy Policy: Our Privacy Policy is found here: www.omnilessons.com/legal-3.
Professional Behavior Policy: Our behavior policy found at “Appendix 1: Consent and Agreement to Professional Behavior Policy.”
Relevant Third Parties: Any third party that we use as part of our regular business but with whom we also have absolutely no control over. This term includes any Relevant Third Parties' employees, agents, partners, officers, representatives, directors, licensors, licensees, and their affiliated Third Parties.
Rights Infringement: The impersonation of a Party, individual, entity, or combination of the aforementioned people; and/or any violation, misappropriation, or infringement by any Party upon any publicity rights, intellectual property rights, patents, defamation, privacy, trademarks, service marks, trade names, franchise names, logos, copyrights, proprietary interests, trade dress, general rights of an individual, or trade secrets.
Service Request Forms (or “service request forms”): Specific forms that we use to connect you to potential Contractor's Work.
Services: The Website as a platform for Clients (to make potential connections between Clients and Contractors) and/or any process, Website service, Content, marketing service, Company Property, or service offered by the Company, but not including any services, processes, or content offered by Contractors, Clients, Relevant Third Parties, or any other entity or Third Party. This term is sensitive to capitalization.
Sexual Conduct: A request for a sexual favor, unwelcome sexual advances, or other sexual conduct of any physical or verbal nature. Sexual conduct also includes unwelcome sexual flirtations, sexual verbal abuse, sexual physical abuse, sexual gifts, sexual advances, sexual propositions, sexual pranks, sexual requests, sexual descriptions of any act or thing, sexual jokes, and an arrangement of things or gestures that suggest sex or sexual activities.
Sexual Harassment: Submission or rejection of Sexual Conduct as a term or condition of Contractor's Work (implicit or explicit); the submission or rejection of Sexual Conduct that establishes the basis for an employment decision; or Sexual Conduct that creates an offensive, hostile, or intimidating work environment.
Substantial changes (or “substantial changes” or singular “substantial change”): This term refers to a significant alteration or amendment to this Agreement (and Additional Policies) that would diminish your rights, expand your responsibilities, expand obligations, or any other alteration we deem significant at our complete and sole discretion.
Third Party: This term refers to any entity not affiliated with us and with whom we have absolutely no control over, including entities that may link or reference our Website or Relevant Third Parties.
Unwanted Spam and Computer Code: One or more of the following items (regardless if such items are through our Website) as well as software, code, programs, or content that is located on or that affects our Website:
1. Any programs, software, code, files, agents, viruses, worms, or breaching capability (including hidden methods, processes, code, procedures, programs, routines, or any method not specified) that could inhibit, destroy, harm, obtain, allow unauthorized viewing capabilities (e.g., scrapers, spiders, robots, or other means not specified), unveil, unintentionally release, result in (or attempt) Offensive Behavior, or otherwise maliciously alter any technology, equipment, data, and information of any kind.
2. Any unauthorized, unsolicited, irrelevant, or otherwise illegal communication of any kind, such as lottery details, bulk email, religious messages, messages exposing private details of another individual, invalid data, political messages, false D.M.C.A. takedown notices (or claims), junk email, messages with inaccurate or incorrect information, spam, messages containing details that are unrelated to business, gambling, chain letters, and other inhibiting communications.
3. Any hacking, accessing, taking advantage of weaknesses or loopholes, or altering any form, Website, Website page, source code, any other code, Company Property, communications, email, email process, Services, or any other content without authorization in writing before such an event occurs.
4. Any bypassing, making malicious or improper use of, incorrectly accessing, using any method or cunning on, or hacking in any way our forms, payment process, Services, advertising, promotions, surveys, or Company Property; examples include using multiple forms of contact information (e.g., emails, telephone numbers, names, locations) for the purposes of deception, bypassing Service payments, taking improper advantage of any promotion (or survey or advertisement) by making multiple unauthorized claims, any unauthorized use of our Services, or using any of Company Property and Services when your consent, license, or permission has been voided by us as a consequence at our discretion.
Website: Our online platform, which is our website and any web page within that website, where Clients discover and connect with Contractors.
Any of our Services, products, features, Content, Website, Agreement, Additional Policies, any other legal documents not specified, or any other Company Property may be discontinued, suspended, expanded, added upon, reduced, or altered at any time without notice. By this Agreement, you agree that we have no liability, commitment, responsibility, obligation, warranty, or guarantee toward you or any other Party or entity by making any alterations to any of our Services, products, features, Website, prices, or other Company Property. You agree that we reserve the right to make any alteration (without limitation) of any Company Property (including Services) at any time without notice.
You may be able to contact a Contractor before completing a service request form, such as for purposes of asking field-related questions or schedule inquiries, by using a specified email address provided by the Contractor. You agree not to use any Company Property, including our Website and Services, to contact, solicit, recruit, or hire any Contractor or other Client for employment purposes of any kind or for any business contracting outside of our Website and Services without our permission in writing given in advance.
We do not hire teachers or instructors as agents or employees; Contractors remain as independent contractors. Any Client interaction or Contractor's Work with a Contractor is completely beyond our control and is not part of our business. YOU AGREE THAT WE ARE NOT IN ANY WAY RESPONSIBLE, LIABLE, EXPRESSING ANY WARRANTY, EXPRESSING ANY GUARANTEE, OR HAVE ANY CONTROL OF CONTRACTORS OR THEIR CONTRACTOR'S WORK, CONTENT, SERVICES, QUALITY, CAPABILITY, COMPETENCE, CONDUCT, OR ANY RESULTING HARM OR CLAIMS FROM SUCH AFOREMENTIONED ITEMS WITHOUT LIMITATION.
YOU AGREE THAT WE OFFER SERVICES ON OUR WEBSITE AS A PLATFORM THAT HELPS CONNECT CLIENTS (BUT NOT INTRODUCE CLIENTS) TO CONTRACTORS DISPLAYED ON OUR WEBSITE AND COLLECT PAYMENTS (BY RELEVANT THIRD PARTIES) ON BEHALF OF THE CONTRACTORS. YOU AGREE THAT WE HAVE NO PART (AND ARE NOT A PARTY) OF ANY AGREEMENTS BETWEEN CLIENTS AND CONTRACTORS, ANY CONTENT RESULTING FROM ANY RELATIONSHIP BETWEEN A CLIENT AND A CONTRACTOR, OR ANY LIABILITY IN CONNECTION WITH SUCH AGREEMENTS AND RELATIONSHIPS. ANY CLAIM OR LIABILITY RELATING TO A CONTRACTOR IS ONLY BETWEEN THE CLIENT AND THE CONTRACTOR.
We have absolutely no obligation, responsibility, warranty, guarantee, or liability to maintain observation, monitor, check, report, supervise, proctor, or follow up your behavior, actions, records, compliance, insurance requirements, financial requirements, and agreement to this Agreement and our Additional Policies.
You shall:
1. Execute, through the process described in this Agreement, and maintain this Agreement and our Additional Policies.
2. Comply with any and all local, state, provincial, federal, territorial, international, and relevant foreign laws, regulations, employment laws, Internet laws, tax laws, tax codes, and policies (without limitation).
3. Maintain any financial documents, records, and matters in regard to our Services and Contractor’s Work; this may include bookkeeping, attendance logs, payment dates, invoices, and receipts for Contractor’s Work rendered, all for the purpose of being able to deduce any financial matters and legal investigations relevant to our Services and Contractor’s Work.
4. Aid any investigation by us or a request by us. You agree to provide any documentation, legal documents, and records (of any kind mentioned in this section) as we deem necessary at our sole discretion.
We do not monitor these records; the creation, maintenance, updating, and legal compliance for all such records in this section are your complete and sole responsibility and obligation.
Keep your receipt information for your records after any payment and do not share it with anyone.
You may use our Services for the benefit of a minor if you are the legal status of a guardian or parent, but you agree that you are completely responsible for such actions. Do not send us information about individuals that are 13 years or younger.
YOU AGREE THAT WE ARE IN NOT IN ANY WAY RESPONSIBLE, LIABLE, OBLIGATED, OR COMMITTED FOR YOUR ACTIONS OR NEGLIGENCE REGARDING ANY INDIVIDUAL UNDER THE AGE OF 18. YOU AGREE THAT ANY USE OF OUR COMPANY PROPERTY INCLUDING SERVICES FOR THE BENEFIT OF AN INDIVIDUAL UNDER THE AGE OF 18 IS ENTIRELY YOUR RESPONSIBILITY. YOU AGREE TO INDEMNIFY US FROM ANY ISSUES AND CLAIMS, CAUSES OF ACTION, LIABILITY, OR DAMAGES RESULTING OR CONNECTING FROM OUR COMPANY PROPERTY IN REGARD TO INDIVIDUALS UNDER THE AGE OF 18.
In combination with the confirmation and compliance of this Agreement, you are granted a non-exclusive, non-commercial, personal, limited, non-transferable, and revocable license to view our Content and use Services. You must follow all laws and regulations that apply to our Website. Your communications with us, our Website, and Relevant Third Parties are subject to our Privacy Policy (found here: www.omnilessons.com/legal-3) and professional behavior policy (“Professional Behavior Policy”) found in the section entitled “Appendix 1: Consent and Agreement to Professional Behavior Policy” within this Agreement.
We reserve the right to revoke or allow links to our Website for any reason, purpose, desire, or whim; such a one-time permission does not constitute a continuing permission or waiver of any sort. Any such links must have our expressed consent and permission in writing.
We are not liable for content or communications posted on our Website by Clients, Contractors, Relevant Third Parties, or Third Parties. We do not usually alter or review any content of any kind, but we may remove any content that we believe violates any agreement or policy relevant to our Website and business. YOU AGREE TO ALLOW ANY SUCH CONTENT REMOVAL BY US AND WAIVE ANY RESULTING CLAIMS AGAINST US. YOU FURTHER AGREE THAT WE HAVE THE RESERVED RIGHT, BUT NOT OBLIGATION OR LIABILITY, TO REMOVE OR REVIEW ANY CONTENT FROM OUR WEBSITE FOR ANY REASON.
In regard to our Website and other Company Property, you agree that you are not allowed to use technology that may allow access without the provided Website platform and interface. In regard to our Website and other Company Property, you further agree that you are not allowed to use technology that may or may attempt alteration, review, reverse-engineering, duplication, or mining Content or other Company Property in any way from us including the use of bots, scripts, code, or other means. For more details regarding the use of intellectual property, see the section entitled “Intellectual Property” in this Agreement.
Links on Our Website:
Our Website may contain links (or links found within programs or applications) or references to other websites, but we are not responsible, are not liable, do not endorse, hold no control of, and hold no guarantee or warranty for anything regarding, provided by, connected to, available on, or relevant to those websites and Third Parties, including content, communication, intellectual property, profanity, products, services, relevance to any topic, agreements, errors, omissions, accuracy, emotionally disturbing or damaging content, psychologically damaging or disturbing content, slander, availability, mistakes, falsehoods, misleading information or features, advertising, libel, availability, legal (or illegal) acts or content, pornographic material, reliability, behavior practices, refund practices, or privacy practices. Such websites and content are owned and maintained by Third Parties and their licensors and have nothing to do with us. If you desire to send us inquiries, feedback, or concerns about these websites or links, please contact us.
You agree that your use, access, and risk of links, other websites, or website references is completely and solely your own; you further agree that we have no part in your decision to access or refrain from using or accessing any such links and websites. We do not guarantee, warrant, endorse, support, covenant, or represent any purpose or anything regarding such Third Party links, property, content, and websites.
Contractor Profiles and Information:
We display information and communication given to us voluntarily by Contractors on our Website, often in the form of Contractor Profiles. These Contractor Profiles may include (or exclude, at the Contractor's discretion) basic identity information, resume material, background history, and work history. Some information may be contributed freely by other Clients or Third Parties including ratings, feedback, posts, quotes, comments, composite feedback, and composite ratings.
You agree that we are permitted and allowed to post all such information in this section in Contractor Profiles or elsewhere (without limitation) at no risk to us. This information is only displayed for your convenience.
YOU AGREE THAT NO CONTENT, INFORMATION, OR OUR COMPANY PROPERTY AND SERVICES IN ANY WAY WILL EVER BE INTERPRETED AS US INTRODUCING, RECOMMENDING, OR ENDORSING A CONTRACTOR UNDER ANY CIRCUMSTANCE WITHOUT LIMITATION. WE DO NOT INTRODUCE, ENDORSE, OR RECOMMEND CONTRACTORS TO CLIENTS NOR CLIENTS TO CONTRACTORS.
YOU AGREE THAT WE ARE NOT REQUIRED OR OBLIGATED TO VERIFY ANY COMMUNICATION (INCLUDING POSTS, EMAILS, RESPONSES, FEEDBACK, SURVEYS, INFORMATION, DATA, BACKGROUND HISTORY, AND CREDENTIALS) AND MAY CHOOSE TO NOT VERIFY SUCH COMMUNICATION EVEN IF POSTED ON OUR WEBSITE FROM ANY PARTY (SUCH AS THE CONTRACTORS).
You agree that you may be able to use, access, or become acquainted with Company Property during the use or access of Company Property (including the use of Services); during Contractor's Work; during the course of this Agreement; and during any communication with the Company, Contractors, or from other Clients. You agree to safeguard, protect, keep secret, and defend our Company Property (including our Confidential Information) and us from disclosure, release, misuse, negligence, use without permission, and illegal activity. You agree to never, nor allow others to, disclose, reveal, misuse, duplicate, or allow access of our Company Property in any way to any entity, individual, or Third Parties except for a limited and minimum number of your employees or agents that are bound by this Agreement and that are on a limited and need-to-know basis as part of your business. You agree to notify us of any violation of this Agreement.
You agree to quickly destroy, at your complete and sole financial burden, all Confidential Information and Company Property whether in hard copy or electronic medium that is either possessed or controlled by you if this Agreement expires, any early termination occurs, such Confidential Information and Company Property is no longer needed or required for our Services, or your use of our Services ceases UNLESS WE REQUEST OR DIRECT AT OUR COMPLETE AND SOLE DISCRETION AT ANY TIME OR PLACE AS PERMITTED BY LAW that such aforementioned Confidential Information and Company Property shall be delivered and/or returned to us. All Confidential Information and Company Property from your retrieval systems, equipment, and databases shall be destroyed by you; we may ask for the return of any part or whole of such confidential information and Company Property before you destroy possessed copies.
You agree that you will not list or publish our Confidential Information or Company Property.
Your Confidential Information:
We will not list or publish your confidential information except on a limited and minimum basis that is required for our Services and Contractor's Work or unless you authorize listing or publication.
Our methods and intents regarding your confidential information are found in this Agreement and Additional Policies; you agree that reviewing such legal documents are your complete and sole responsibility, including the following sections in this Agreement entitled:
1. Confidentiality and Confidential Information.
2. Intellectual Property.
3. Conflicts of Interest.
4. Disclaimers of Warranty, Client Warranties.
5. Marketing Services.
6. International Communications, International Service, Prevailing Language, Prevailing Currency, and Your Local Law Compliance.
7. Communication and Notices.
8. Our Privacy Policy (within our Additional Policies).
Confidential Information Exchanged Between a Client and a Contractor:
Read the following entire sections for details:
1. “Contractor’s Confidential Information”
2. “Conflicts of Interest”
3. “Relationship Status”
4. “Intellectual Property”
5. “Your Confidential Information”
Contractor’s Confidential Information:
You agree that during the use or access of Contractor Property you may be able to use, access, come into contact with, or become acquainted with such aforementioned Contractor Property.
Contractor Property includes items licensed or utilized by the Contractor such as developments, processes, records, files, information, innovations, discoveries, communication, specifications, inventions, trade secrets, and improvements.
Unless otherwise altered in some legal document or additional agreement between you and the Contractor (to which we are not a Party), you agree to safeguard, protect, keep secret, and defend Contractor Property (including the Contractor’s Confidential Information) and the Contractor from disclosure, release, misuse, negligence, use without permission, and illegal activity. You agree to never, nor allow others to, disclose, reveal, use, duplicate, or allow access of Contractor Property in any way to any entity, individual, or Third Parties except for a limited and minimum number of your employees that are bound by this Agreement and that are on a limited and need-to-know basis as part of your business. You agree to notify us of any violation of this Agreement.
You agree to quickly destroy, at your complete and sole financial burden, all Contractor Property whether in hard copy or electronic medium that is either possessed or controlled by you if this Agreement expires, any early termination occurs, such confidential information or Contractor Property is no longer needed or required for Contractor's Work, or your use of Contractor's Work ceases UNLESS WE REQUEST OR DIRECT AT OUR COMPLETE AND SOLE DISCRETION AT ANY TIME OR PLACE AS PERMITTED BY LAW that such Contractor’s Property shall be delivered to us for legal reasons or business purposes (such as a rare event of re-establishing lost or absent communication).
Unless otherwise altered in some legal document or additional agreement between you and the Contractor (to which we are not a Party), you agree to return or destroy any Contractor Property, whether in hard copy of electronic medium, that is either possessed or controlled by you at the Contractor's request.
All Contractor Property from your retrieval systems, equipment, and databases shall be destroyed by you; we may ask for the return of any part or whole of such Contractor Property before you destroy possessed copies to the extent permitted by law.
You agree that you will not list or publish any Contractor Property except on a limited and minimum basis that is required for business with our Services and Contractor's Work.
Unless otherwise altered in some legal document or additional agreement between you and the Contractor (to which we are not a Party or member), you agree to not list or publish Contractor Property except on a limited and minimum basis that is required for business with our Services and Contractor's Work.
You agree that all Content, Services, and Company Property on our Website is owned (and with Intellectual Property Rights retained and reserved) and protected by the Company or Relevant Third Parties. This ownership includes proprietary rights, trade names, franchise names, copyrights, logos, patents, service marks, and trademarks, all of which are registered or unregistered. Any unauthorized copy or use of any Content or other Company Property on our Website (or by our Website or Relevant Third Parties) may violate civil and/or criminal laws that make you subject to penalties, liabilities, and prosecution. You agree that all such aforementioned Content is protected WITHOUT LIMITATION pursuant to any copyright laws of the United States and foreign copyright laws.
YOU AGREE NOT TO (NOR ATTEMPT TO) MODIFY, USE IN ANY WAY, COMPILE, DECOMPILE, DISPLAY (PUBLICLY OR OTHERWISE), RENT, LEASE, PERFORM, PUBLICLY PERFORM, PUBLISH A PERFORMANCE OF, ALTER, CREATE DERIVATIVE WORKS OF (OR FROM), COMMERCIALLY EXPLOIT IN ANY WAY, DISSEMINATE, INTERFERE WITH, INHIBIT, SUBLICENSE, RE-USE, CIRCULATE, COLLECT IN A DATABASE, ASSIGN, REPRODUCE, REVEAL, DISTRIBUTE, REDISTRIBUTE, ACCESS (WITHOUT THE PROVIDED WEBSITE PLATFORM AND INTERFACE), TRANSFER IN ANY WAY, TRANSMIT IN ANY WAY, SEND, PUBLISH, REPOST, SELL, BROADCAST, PUBLISH A BENCHMARK TEST OF, OR COPY IN ANY WAY ANY CONTENT ON OUR WEBSITE, SERVICES, OR COMPANY PROPERTY FOR ANY REASON INCLUDING ALL PURPOSES AND INTENTS (ESPECIALLY COMMERCIAL, BUSINESS, SHARING, AND PUBLIC PURPOSES ON ANY WEBSITE OR COMPUTER NETWORK) WITHOUT EXPRESSED WRITTEN PERMISSION AND AUTHORIZATION FROM THE OWNERS OF SUCH CONTENT OR COMPANY PROPERTY. You have the authorized permission to retain one copy of our agreements and policies for your records; we do not give permission or authorization for any use in any way for any other content (proprietary or otherwise) found on our Website that is owned by any Party. You agree that no aspect or section of this Agreement, Company Property, Services, Website, Additional Policies, or any other content is interpreted as a permission, right, or license of any kind to use any content whatsoever including Company Property in any way for a purpose other than for what we intended at our complete and sole discretion.
You agree that you are completely limited to using our Website for Contractor's Work as business offers rather than personally (or otherwise) using our Website as a platform for any offers, services, and goods of any kind beyond those specifically authorized by this Agreement.
You agree to not (nor attempt to) alter, reverse assemble, replicate, disassemble, analyze, test, compare, create a benchmark test of, decompile, inhibit, or reverse engineer in part or whole any Content or Company Property including for any monetary purposes, access, or copying. You agree to not discover or derive any source code (by any means) of any Company Property or any other content in any form including archive files and computer files of any type and nature. You agree to never (nor attempt to) mirror, mimic, frame, create similar services or products, create similar applications, or link any Company Property, or any content found on our Website, on any server at any time.
Any permission, observation, receipt, or use of Content or Company Property does not represent or warranty any protection or guarantee of Rights Infringement for any individual or entity. You agree that nothing in this Agreement can be construed as giving you a license for any Intellectual Property Rights, Content, or our Company Property (or any of the aforementioned owned by any Third Party) than what is explicitly and expressly stated in this Agreement.
Your Intellectual Property:
You agree that any content or communications that you send to us is owned by you, shall not infringe upon any rights of any Third Party (or Relevant Third Party), shall not infringe upon the Intellectual Property Rights of any Third Party (or Relevant Third Party), and that you are authorized to give rights and licenses to us and our Clients as detailed in this section, the entire Agreement, and our Additional Policies. You further agree that any acceptance or use of your content or intellectual property does not alter or waive our rights to any similar, relevant, or related content or intellectual property from other sources, including our own developments and the developments of Third Parties or Relevant Third Parties.
Any of your content that you send to us or via Company Services in any way (including through email or posting) remains your intellectual property and is owned by you; however, you agree to give us license to use such Content and Intellectual Property (in all present and future forms of rights and legal rights developments), including the worldwide use, production, redistribution, reproduction, distribution, advertising, sale offers, copying, selling, producing derivatives (or derivative works), modification, alteration, importing, exporting, reviews, development, alteration and marketing, exhibition, alterations, display, publicly display, performance, publicly perform, make, manufacturing, transmission, or publishing of your aforementioned content in any form to the full extent that applicable law allows. These rights are fully transferable from any other rights you own regarding the content, including copyrights, trademarks, and storage rights. These rights are royalty-free, perpetual, fully-paid, irrevocable, non-exclusive, worldwide, and unlimited regardless of any current or future technology or media levels. We may sublease or assign the rights provided to us under this section.
You agree that such rights given to us shall completely authorize and allow us to use the content provided to us without limitation (including your name, images, voice, voice recordings, video recordings, or any other technology not specified whether known, unknown, current, or in the future) you provided to us for our business purposes including production of marketing services, testimonials, video compilations, derivative works, redistributions, and any promotion (of any kind) of our Website, Services, or Company Property in any form.
You agree that you shall give other Clients access to your content as a non-exclusive license for any normal use of our Website; although such content of yours is under this Agreement and our Additional Policies, you agree that other Clients may use, perform, display, present, or distribute your content ON OUR WEBSITE.
For detailed information about how we handle your content and communications, visit our Privacy Policy here: www.omnilessons.com/legal-3.
Except as a necessary part of providing Services to you, do not send us any proprietary or personal information, ideas, business offers, or other content in any way unless we expressly consent and agree in writing. We have no obligation to protect your rights regarding your intellectual property (or Intellectual Property Rights) in any way. Any content that you send, upload, transmit, or communicate will be treated as non-proprietary and non-confidential.
You agree to observe, review, and obey all “fair use” laws regarding copyright, trademarks, or any other intellectual property whether proprietary or not.
We may use information including storing, copying, and revealing any information to Third Parties that is uploaded, sent, or given to us to comply with our Privacy Policy (including law enforcement) here: www.omnilessons.com/legal-3. Please review our Privacy Policy for details.
Contractor's Intellectual Property:
Any content shared from the Contractor to you during Contractor's Work is the responsibility of the Contractor. We have no responsibility or liability and make no guarantee or warranty OF ANY KIND regarding a Contractor’s intellectual property. Any and all risk for using the Contractor's intellectual property is your complete and sole risk, including any obligations, intellectual rights, licenses, lawsuits, actions, guarantees, responsibilities, liabilities, and warranties associated with such use.
Intellectual Property Produced by Contractor's Work:
Any content produced in any form, whether by individual or collaboration, is under the relationship between you and the Contractor. We have no responsibility, liability, guarantee, or warranty of ANY KIND regarding any content or other intellectual property created between you and the Contractor. The Contractor and you may negotiate or enter into contracts, depending on the nature of the work, to establish ownership and other proprietary rights of products (or other content) resulting from Contractor's Work.
As a general default, all such content produced by Contractor's Work shall be the proprietary content solely owned by the Client unless altered by a legal document between you and the Contractor where we are NOT a Party.
If you believe in good faith that a Contractor is violating the rights of any Third Party, contact us at [email protected]. If you believe in good faith that a Contractor is violating any criminal laws, call the police.
Third Party and Relevant Third Party Intellectual Properties:
Any content shared from a Third Party or Relevant Third Party to you during Contractor's Work or through the use or access of our Website, Services, Content, or Company Property is the sole responsibility of that Third Party or Relevant Third Party. You agree that we have no responsibility or liability and make no guarantee or warranty of ANY KIND regarding any Third Party or Relevant Third Party intellectual property. Any and all risk for using Third Party or Relevant Third Party intellectual property is your complete and sole risk, including any obligations, intellectual property rights, licenses, claims, cause of action lawsuits, actions, guarantees, responsibilities, liabilities, and warranties associated with such use.
You must be the owner (or an authorized agent) of the copyright in question in order to make a report of possible content infringement. This notice only involves copyrights, not trademarks or other types of intellectual property. If you are unsure whether this possible infringement of your content involves a copyright, contact a lawyer immediately for advice.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed including where this content is found (such as a web page and which copyrights are infringed). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing Party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that this alleged material infringement is not authorized or permitted by the owner, agents of the owner, or United States law and therefore has no legal basis for being used.” Include any information and details necessary that would need to be enacted by the alleged infringer to remedy the infringement if the entire content of such an individual or entity is not infringing. Be extremely precise, accurate, and clear in these statements.
5. Include a legal statement expressing that you own the original copyright or you are acting on behalf of the owner as an authorized agent of the original copyright.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include your electronic signature or, if applicable, a physical signature.
8. Include a statement that you have read our entire “Reporting Violations of Intellectual Property and D.M.C.A. Compliance” section as well as our Terms of Service and Agreement and Additional Policies; although we accept a D.M.C.A. takedown notice without this eighth item, we will ask you to read all of the aforementioned section, Terms of Service and Agreement, and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes. We will issue a notice if any intellectual property has been removed based on the alleged intellectual property infringement.
If you give us incomplete or untruthful information as well as comply with this section, your D.M.C.A. notice or takedown notice shall be invalid and void.
D.M.C.A. Counter Notice:
You must be the individual or entity that posted or presented (or otherwise used) the intellectual property in question and also received the initial relevant D.M.C.A. takedown notice in order to make a D.M.C.A. counter notice. This notice only involves copyrights, not trademarks or other types of intellectual property. If you are unsure whether this possible infringement or error of content involves a copyright, contact a lawyer immediately for advice. You may be liable for costs, attorney's fees, damages, and other damages not specified incurred by us, Contractors, or Clients if you falsely claim that content or actions are infringing.
If you believe that you need to send a D.M.C.A. counter notice, we recommend that you work with a lawyer; lawsuits may result from a D.M.C.A. counter notice or even a D.M.C.A. takedown notice. Do NOT repost any content that was removed as a response to having your content removed from our Website; such actions are highly offensive, restricted, and may result in legal action.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed or mistakenly assumed to be infringed, including where this content is found (such as a web page and which copyrights are infringed). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing Party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that the D.M.C.A. takedown notice was sent in error or was a mistake and that the material in question was disabled or removed due to a misidentification or mistake.”
5. Include a legal statement expressing that you are the individual, authorized agent, or entity that posted or presented (or otherwise used) the intellectual property in question and also received the initial relevant D.M.C.A. takedown notice.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include a legal statement expressing that “I wholly consent to the jurisdiction of the Federal District Court of my address, and I accept the service of process from the individual or entity that provided the D.M.C.A. takedown notice.” If you live outside the United States, then state that you wholly consent to the Agreement jurisdiction of North Dakota in the United States to prevail.
8. Include your electronic signature or, if applicable, a physical signature.
9. Include a statement that you have read our entire “Reporting Violations of Intellectual Property and D.M.C.A. Compliance” section as well as our Terms of Service and Agreement and Additional Policies; although we accept a D.M.C.A. takedown notice without this eighth item, we will ask you to read all of the aforementioned section, Terms of Service and Agreement, and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes.
If you give us incomplete or untruthful information as well as comply with this section, your D.M.C.A. counter notice shall be invalid and void.
Repeat Infringement Policy as well as Consequences of Infringement:
If you shall know that you cause or perpetuate such intellectual property infringement, especially with regard to copyrights, you are entirely responsible and liable for any incurred penalties of law (civil and/or criminal) and perjury, including any damages, costs, payments, and attorney's fees by everyone including us, Contractors, Clients, Relevant Third Parties, anyone that owned the original intellectual property, and Third Parties. We may limit (to any degree), alter, or terminate your access or use of any aspect of our Company Property at any time for any confirmed intellectual infringement or Rights Infringement, especially for repeat offenses.
General Statements:
D.M.C.A. takedown notices that are properly completed and sent to the agent listed above will be processed and the infringing content shall be removed in a timely manner.
Alterations to the D.M.C.A. takedown notice must be reviewed and altered (including any formal retractions) by the copyright owner and sent to us as a new D.M.C.A. takedown notice with the previous notice being retracted. Any lack of communication or silence will be interpreted as a retraction after 14 days have passed. A new D.M.C.A. takedown notice will initiate the process from the beginning again.
Both D.M.C.A. takedown notices and D.M.C.A. counter notices will be posted on our Website with personal information omitted for business transparency.
If the copyright owner of the relevant intellectual property desires to keep such content blocked or removed after a D.M.C.A. counter notice has been issued, legal action (such as a lawsuit) that seeks a court order to restrain the opposing individual or entity must be sought. We will restore the content in question after 10-14 days if we do not receive a copy of a valid legal complaint that is filed in a competent court jurisdiction.
You agree to avoid, prevent, and cease any behavior that implies, leads to, executes, or creates any capability for you or any other individual or entity to bypass our Website, forms, and Services (including fees).
From your payment for Contractor's Work, we deduct Service fees for many purposes including maintenance and improvements of our Website, processing payment details, and providing the Website as a platform for potential connections to Contractors that may lead to potential Contractor's Work.
General Statements:
You also agree to the following:
1. Our fees for Services are a significant part of maintaining our business.
2. We can only deduct fees for our Services when payments are made through our Website.
3. Any potential connection for potential Contractor's Work discovered through the Website, even if merely by email, is considered a connection made possible by our Website. This Pathway is provided by our Website and is protected by this Agreement and Additional Policies. Any and all potential Contractor's Work through any Pathway shall have payments be initiated through our Website until one year after the termination of this Agreement or your Pathway discovery through our Website (whichever is longest). Keep in mind this Agreement is perpetual unless terminated in writing (see the section entitled “Term and Termination” for details), and paying for Contractor's Work through our Website re-engages to the most current Agreement version; in other words, you would have to cease all activity on our Website for one year after terminating our Agreement before contacting any Contractor for potential work outside of our Services.
4. You are obligated by this Agreement to contact us immediately if a Contractor ever asks for unnecessary information, discloses unnecessary information to you, offers (or suggests in any way) any offline meetings, or offers (or suggests in any way) any offline conversations. You agree to REPORT TO US IMMEDIATELY IN WRITING if such an event occurs. Entitle the email “CONFLICT OF INTEREST” with the body of the message containing your contact information and details of the situation.
5. You will not share any personal information or contact information with a Contractor that can be used to locate or identify you in any way for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website Services and our fees for Services.
6. You will not solicit any personal information or contact information from a Contractor that could be used to locate or identify the Contractor in any way for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website Services and fees for our Services.
7. You agree to never present, describe, offer, display, promote, represent, market, advertise, or create any business deal OF ANY KIND for any website, content, service, product, or marketing offers on our Website that is not owned and made by us.
8. You agree to never offer, control, solicit, market, or create business offers that are not owned and made by us to other Clients, Contractors, or our employees on our Website (including through email).
9. You agree to notify us immediately if any violation of this Agreement or Additional Policies is expected, anticipated, in-progress, or discussed in any form or communications. Entitle the email “VIOLATION” with the body of the message containing your contact information and details of the situation.
Consequences for Violations:
See the section entitled “Appendix 3: Some Violation Consequences” for details.
Opting Out of a Pathway Requirement:
If both you and a single Contractor wish to opt-out of being required to make payments through the Website, you and the Contractor must BOTH send a written email notification to [email protected] of the plans BEFORE any further engagement between the Contractor and you. You must pay the Pathway Requirement Opt-Out Fee before any further engagement between you and the relevant Contractor. You may receive further instructions from us by email, such as where and how to send invoices or reports. This written email must include the following information:
1. The subject of the written email must be entitled “Pathway Requirement Opt-Out.”
2. The body of the written email must contain your current contact information including your name, billing address, phone number, preferred email address, and the relevant Contractor's name.
3. The body of the written email must include details about the intentions of both you and the Contractor to opt-out of being required to make payments through the Website.
4. The body of the written email must include details about what and when the Pathway Requirement Opt-Out Fee will be paid (see the next subsection entitled “Pathway Requirement Opt-Out Fee” for details); we will contact you about further instructions for processing this Pathway Requirement Opt-Out Fee.
Pathway Requirement Opt-Out Fee:
The Pathway Requirement Opt-Out Fee must be received by us first before you or the Contractor are not liable for any payment obligations owed to us. You or the Contractor shall pay us the Pathway Requirement Opt-Out Fee, which shall be the GREATEST (i.e., the most expensive option from the following list), by amount, of the following:
1. $2,500.00 due upon submission of the Pathway Requirement Opt-Out email as provided above;
2. The total fees for Services received by us from the Contractor during the month with highest activity (between the Contractor and you) multiplied by twelve; this amount is calculated to be the potential fees for Services that would have existed for one year after the payment of the Pathway Requirement Opt-Out Fee.
3. Thirty-five percent (35%) of the good-faith estimate of what would have been the potential Contractor's Work for twelve months following your payment of the Pathway Requirement Opt-Out Fee.
The Parties agree that quantifying the Company’s losses arising from the Contractor and Client opting out of the Pathway Requirement is inherently difficult and further stipulate that the Pathway Requirement Opt-Out Fee is not a penalty, but rather a reasonable measure of damages based upon the Parties’ experience and given the nature of the losses that may result from the Contractor and the Client opting out of the Pathway Requirement.
Fee Interest:
The applicable Pathway Requirement Opt-Out Fee will accrue finance charges (if not paid in full at the submission of the Pathway Requirement Opt-Out email) at 1.5% of each month (or 18% per year), or the maximum rate allowed by law if less than the previously stated rate. These finance charges begin to accrue one month after submission of the Pathway Requirement Opt-Out email is not paid.
In any situation where you or the Contractor use or alter the Contractor's Work outside the scope of this Agreement (and our Additional Policies), including any purpose unidentified or unspecified in this Agreement and Additional Policies, all representations and warranties are void.
We disclaim all warranties of any kind to the fullest extent allowed by law. We make no claims, covenants, warranties, representations, commitments, or guarantees of any kind regarding our Content, Services, features, products, Website, Company, and any other Company Property, which are provided “AS-IS,” “WITH ALL FAULTS,” and “AS AVAILABLE.” You warrant that your actions, access, or activities follow the law in all relevant jurisdictions. We make no warranty, representation, commitment, covenant, or guarantee in any way, including in regard to, the use of, results or consequences from, or anything related to Contractor's Work or to our Services, Content, Website, Company Property, or any other relevant items not specified for the following:
1. No Service, Content, the Website, or any other Company Property is guaranteed to be without error, risk-free, or immune to the following: cyber-attacks, security breaches, incorrectness, stolen information, mechanical failures, Internet access failures, hardware and software failures, typographical errors, out-of-date information and Content, mistakes of any kind, inaccuracies, imprecise information, untruthful information, incomplete information, unreliability, or any force or phenomena that inhibits or interrupts such Services or Content. You access and use our Services at your complete and sole risk.
2. No Service, Content, the Website, or any other Company Property is guaranteed to be on time; is guaranteed to be punctual; or is guaranteed to meet any kind of satisfaction, expectations or standards, requirements, competency requirements, objective, lawful or legal purpose, reliability standards (or requirements), accuracy standards (or requirements), quality requirements, standards of validity, price accuracy, or expectations whatsoever. Delays, errors, disruptions, and other problems may be a regular or frequent occurrence due to a lack of any control over Third Parties or Relevant Third Parties. You agree that we have no control over Third Parties or Relevant Third Parties and that you will not pursue any claim or cause of action regarding any disturbance of Services.
3. No Service, Content, the Website, or any other Company Property is guaranteed to have any warranty of custom, non-infringement, title, merchantability, trade, virus-free experience, risk-free environment, absence of rights violations of any kind, absence of Rights Infringement, risk-free user experience, effectiveness, fitness for a particular purpose, free of defects, or updating and correcting any item in these sections (under “Disclaimer of Warranty”) without limitation. You agree that we have no obligations or responsibilities to you in any way from any copyright, patent, service marks, trade names, franchise names, or trademark violations and infringements that you suffer from Third Parties, Contractors, Clients, Relevant Third Parties, or us. These obligations or responsibilities include any liability limitations, indemnity, defense against legal action, or costs resulting from such aforementioned violations and infringements.
4. Our Website contains information, profiles, and content (or links to such information and content) from Clients (perhaps even you), Contractors, Relevant Third Parties, Third Parties, entities, and individuals not affiliated with our Company. We make no guarantee or warranty of any kind regarding any aspect of such information. We have no control whatsoever of Third Parties, Relevant Third Parties, Clients, or Contractors.
You assume complete responsibility for the risk, losses, transactions, and resulting damages of any kind sustained by you including the access, receiving, reception, transactions, downloading, and communicating with our Content, Services, Website, and us. We have no liability for your access, use or any other kind of contact with Third Parties (or Relevant Third Parties) or linked websites on our Website. We make absolutely no guarantees or warranties of any kind regarding Third Parties or Relevant Third Parties; those guarantees and/or warranties belong to those Third Parties or Relevant Third Parties.
You agree that we and Relevant Third Parties cannot be obligated, responsible, liable, or obliged to endorse, create, support, or maintain any view, advice, instruction, suggestions, or Contractor's Work that resulted from or are related to our Services, Website, Company Property, background checks, Agreement, Additional Policies, policies, or agreement; emergence from a legal theory or verification procedure; or resulting from services provided by Relevant Third Parties.
If a warranty cannot be excluded from your jurisdiction or state, all other exclusions and warranty exclusions remain in full force and effect in these sections (under “Disclaimer of Warranty”), the entire Agreement, and our Additional Policies.
Warranty Disclaimer Regarding Contractors:
We make no covenant, representation, commitment, warranty, or guarantee in any way including in regard to, the use of, consequences from, or anything related to Contractor's Work or to our Services, Content, Website, Company Property, or any other relevant items not specified for the following:
1. No aspect of the Contractor, Contractor's Work, Contractor's content, Contractor's Property, or Contractor's information (including information presented to us or on our Website) is guaranteed to be without error, risk-free, or immune to cyber-attacks, security breaches, incorrectness, stolen information, mechanical failures, Internet access failures, hardware and software failures, typographical errors, out-of-date information and Content, mistakes of any kind, inaccuracies, imprecise information, incomplete information, unreliability, or any force or phenomena that inhibits or interrupts such Contractor's Work or Contractor's Content. You access and use Services, Contractor's Work, Contractor's Property, or Contractor's information (including information presented to us or on our Website) at your own complete risk.
2. No aspect of the Contractor's Work, Contractor's content, Contractor's Property, or Contractor's information (including information presented to us or on our Website) is guaranteed to be on time; is guaranteed to be punctual; or is guaranteed to meet any kind of satisfaction, expectations or standards, requirements, competency requirements, objective, lawful or legal purpose, reliability standards (or requirements), accuracy standards (or requirements), quality requirements, standards of validity, price accuracy, or expectations whatsoever. Delays, errors, disruptions, and other problems may be a regular or frequent occurrence due to a lack of any control over Third Parties or Relevant Third Parties. You agree that we have no control over Third Parties or Relevant Third Parties and not to hold us liable for any kind of disturbance of Contractor's Work, Contractor's content, Contractor's Property, or Contractor's information (including information presented to us or on our Website).
3. No aspect of the Contractor's Work, Contractor's content, Contractor's Property, or Contractor's information (including information presented to us or on our Website) is guaranteed to have any warranty of custom, non-infringement, title, merchantability, trade, virus-free experience, risk-free environment, absence of rights violations of any kind, absence of Rights Infringement, risk-free user experience, effectiveness, fitness for a particular purpose, free of defects, or updating and correcting any item in these sections (under “Disclaimer of Warranty”) without limitation. You agree that we have no obligations or responsibilities to you in any way from any copyright, patent, service marks, trade names, franchise names, or trademark violations and infringements that you suffer from Third Parties, Relevant Third Parties, Contractors, Clients, or us. These obligations or responsibilities include any liability limitations, indemnity, defense against legal action, or costs resulting from such aforementioned violations and infringements.
4. No aspect of the Contractor, Contractor's Work, Contractor's content, Contractor's Property, or Contractor's information (including information presented to us or on our Website) is guaranteed to meet any standard or requirements of competency, quality, accuracy, legality, truthfulness, ability, capability, security, reliability, or satisfaction in regards to supplying Contractor's Work or a Client's content, property, information (including information presented to us or on our Website), or that any transaction will be completed by you or the Client.
Client Warranties:
You warrant the following:
1. Any information you send to us is within your legal authorization to send.
2. You are no less than eighteen years of age.
3. You are free and authorized to enter into this Agreement and that no aspect of this Agreement infringes or violates any other terms (from any Party, Third Party, Relevant Third Party, or otherwise) including any other agreement, law, legal documents, or financial terms and conditions without limitation.
4. You have legal capacity to enter into this Agreement.
5. You will update any relevant information to us as is necessary to do business to maintain accuracy, completeness, and expediency.
6. You shall not request, encourage, suggest, or solicit any Contractor, Client, or Company employee or other agent to alter or end their Agreement(s) or Company employment.
7. You shall not directly or indirectly hire any Contractor discovered through our Website or email communications in any way within one year of your termination of this Agreement as well as one year within the other Party's termination of this Agreement (and any other additional contracting agreements between us and the Contractor or Client), UNLESS WE GIVE BOTH PARTIES WRITTEN PERMISSION.
8. You shall not directly or indirectly hire any Company employee within one year of your termination of this Agreement as well as one year of that employment termination, UNLESS WE GIVE BOTH PARTIES (YOU AND THE OTHER RELEVANT PERSON, PEOPLE, OR ENTITY) WRITTEN PERMISSION.
9. You are authorized to make payments with your payment method.
10. You have enough funds to cover the complete payment amount using your selected payment method.
11. You are completely and solely responsible, obligated, represent, warrant, and guarantee to pay the full payment amount via another payment source if the initial payment source selection fails for any reason.
12. You are the owner of any content or communication sent to us or the Contractor; you maintain such intellectual property rights (and privileges); and you are authorized to give us any licenses, permissions, and authorizations as stipulated in this Agreement and our Additional Policies.
13. You agree to never in any way depend, rely, or count on the maintenance, perpetuation, existence, or your use of our Company Property including our Website, Content, communication, information, marketing services, Services, or any idea, information, or thing that is related to or in a connection (of any kind) with our Company Property or any information found on our Website.
14. This Agreement and our Company Property is presented “AS-IS.” Your complete and sole option regarding any unacceptable problems (e.g., inabilities, incapabilities, not meeting any of your standards) is terminating our Agreement, exiting our Website, and ceasing any and all activity regarding Company Property.
If a liability or limitation cannot be excluded or limited in your jurisdiction or state, all other limitations and exclusions remain in full force, execution, and effect in this entire section.
Limitations on Causes of Damage:
We are not liable or responsible under ANY circumstance to the Contractors, Clients, Relevant Third Parties, any Third Party, or you for (and including) any punitive, exemplary, indirect, direct, consequential, incidental, special, or Third Party damages of any kind arising from, the use of, inability to use, in connection with, consequences of using, being related to, or including this Agreement, Acts of God, the Website, Website dysfunctions, our Services, Service dysfunctions, our Content, our Company Property, Client content, inaccuracies of any kind, omissions of any kind, errors of any kind, any telecommunication failures, any torts, any cause of action, any claim, Contractor content, Contractor's Work, a Contractor's actions, a Contractor's inaction, a Contractor's negligence, Third Party content, Third Party services, Third Party actions, Third Party inactions, Third Party negligence, investigations by us, investigations by law enforcement, litigation costs or attorney fees, negligence by any Party, any cause of action, strict liability, actions taken regardless of the Party or reason, actions involving copyright or intellectual property, contract actions, contract modifications, theft, conversion, or linked websites on our Website, regardless of whether the Company is informed of those (or any) damage possibilities, any process or solution by us fails the original or altered intentions and purposes, or a theory of liability arises from any aforementioned variables or combinations thereof.
We are not liable or responsible for the actions, omissions, content, negligence, inactions, or services of Third Parties or Relevant Third Parties including if they help us process information, payments, or general business. YOU AGREE THAT WE ARE NOT IN ANY WAY RESPONSIBLE, COMMITTED, OBLIGATED, LIABLE, GUARANTEEING, OR UNDER ANY WARRANTY OR COVENANT FOR ANY ACTIONS, SERVICES, OR OTHER ASPECTS OF THIRD PARTIES OR RELEVANT THIRD PARTIES.
The Company and Relevant Third Parties are not liable or responsible under ANY circumstance for your damages (which includes costs). All limitations of liability survive the termination of this Agreement, are maintained, and apply to all circumstances and legal situations (including any mentioned in this section).
Types of Damage:
The terms damage and damages include death, monetary loss in any form for any reason, damages by claims from any Third Party or Relevant Third Party, damages or complete destruction to equipment or technology (including your own), bodily injury, emotional damage, emotional stress, mental injury, psychological injury, damages from discontinuing or altering our Services, damages from using or accessing our Services, damages from discontinuing or altering our Website, damages from using or accessing our Website, damages from accessing or using Contractor's Work, damages from Content or Services from any Party (or Third Party or Relevant Third Party), pain and suffering, damages or losses from any termination or violation resolution, damages from being unable to access (or use) our Website, damages to any computer or mobile device, replacement costs of any kind for any reason, any costs as a result of any damage, loss of profits, loss of benefits, loss or costs to business, loss or costs to products or production, loss of any anticipated savings, loss of information, loss of revenue, loss of data, work discontinuation, work alteration, work interruptions, and work stoppage.
The terms damage and damages further include any damages incurred by technology malfunctions, Website malfunctions, Service malfunctions, defects, sabotage, bugs, links (of any kind without limitation), process delays, Service delays, Website delays, delays in communication, security breaches, glitches, viruses, any code or software not specified (malicious or not), Internet connection failures, electrical failures, and technical failures of any kind.
The terms damage and damages also further include any punitive, exemplary, circumstantial, incidental, direct, indirect, resulting, consequential, statutory, actual, connected, or special damages; damages arising from a Third Party (or Relevant Third Party); or damages arising from any legal theory of liability.
Limitations on Resulting Damages:
In all cases and circumstances, no liability (of any kind) of the Company or Relevant Third Party that is related to this Agreement shall exceed the net purchase price of fees taken from rendered services (or Services if regarding the Company) that are paid by you within the past six months or $2,500.00 (whichever is the lesser).
You agree that any incurred damages, injuries, or losses from the use, alteration, or relation of Company Property is not irreparable or sufficient for an injunction entitlement for the restraint, enjoinment, exploitation of any Company Property (including Content or actions relevant or connected), or any other forms of equitable relief whatsoever.
You agree that we are not in any way liable or responsible (without limitation) for any alterations, adjustments, repairs, or corrections or other services that result in an expense or cost to your equipment for any use of (or alteration of) Contractor's Work; services by Relevant Third Parties; or our Company Property, Content, Services, or Website. You agree that all equipment costs are completely and solely your responsibility, obligation, and liability.
You agree that we are not in any way liable or responsible (without limitation) for any damages, expenses, alterations to any aspect of your business, content alterations, process alterations, financial alterations, inability to do business or services, or any action alterations whatsoever that are a result of any alteration in any way of our Agreement, Additional Policies, Company Property, or any other legal documents.
Limitations of Expectations:
You agree that you have no demands, assurances, claims, reliance, trust, or expectations about your marketing services; the Contractor's Work and any non-specified Contractor services; our Services, Content, Company Property, Website; anything found on our Website (including content), communications, information; any services or content by any Third Party or Relevant Third Party; or any other content, communication, links, websites, services, marketing services, and property by any Party or anyone not already specified.
This lack of assurance, reliance, trust, and expectation includes the absence of any standard of quality, satisfaction, timeliness, reliability, compliance, fitness for any purpose, punctuality, competency, security, precision, legality, accuracy, obligations, responsibilities, validity, truthfulness, price accuracy, warranty, guarantee, commitment, and updated status of any kind.
Limitations of Liability Regarding Us Within any Legal Document Between You and the Client:
You agree to release, waive, protect, and defend us from any and all damages, claims, obligations, demands, and consequences related to, in connection with, resulting from, or arising out of a legal theory from a legal action, claim, lawsuit, or any other dispute not specified involving you and any other Party, Client, or Third Party. This release survives the termination of this Agreement regardless of any nature or kind of damages, legal connections, and expectations whether known, unknown, present, or in the future. This release may not apply to a claim made by you ONLY regarding us failing to comply or meet our Agreement obligations.
You further agree to waive any rights regarding any law or code in any jurisdiction (especially those applicable to general releases) toward any unsuspected or unknown claims that may be favorable to you at the time of this Agreement and that may have altered your settlements and agreements if such claims or information was known by you.
Any waiver by any Party of a violation or breach regarding any section of this Agreement or our Additional Policies shall not be interpreted as a continuing waiver of powers, rights, claims, privileges, or as a waiver for any subsequent breach.
You agree to waive any rights regarding any law or code in any jurisdiction (especially those applicable to general releases) toward any unsuspected or unknown claims that may be favorable to you at the time of this Agreement and that may have altered your settlements and agreements if such claims or information had been known by you.
You agree that all privileges and rights not otherwise stated or granted in this Agreement are expressly reserved by us.
1. Company Property, including the Website, Services, marketing services, legal documents, the Agreement, Additional Policies, Content, communication, information, Intellectual Property Rights, links, relationship status (including any interpretation of us as an employer, employee, or joint employer), and any benefits arising from any relationship status of any kind.
2. Contractor property, including Contractor's Work, websites, Contractor services, marketing services, legal documents, content, communication, information, Intellectual Property Rights, links, relationship status (including any interpretation of the Contractor as an employee of us), and any benefits arising from any relationship status in any way.
3. In regard to Relevant Third Parties and Third Parties, any property, including websites, links, services, marketing services, legal documents, content, communication, information, Intellectual Property Rights, links, relationship status (including any interpretation of any Third Party as an employee of our Company), and any benefits arising from any relationship status in any way.
4. Any financial matters related to, regarding, or arising from payments made on the Website, financial matters of the Contractor, refund attempts, or your ability (or lack thereof) to make or support payments.
5. Any and all legal documents between you and the Contractor including contracts and consequences of such contracts. Such consequences include relationship status interpretations and any relationship status benefits that vary at any degree from the restrictions and limitations imposed by this Agreement.
6. Violations or breaches of this Agreement or our Additional Policies, law violations (including local, state, regional, provincial, federal, territorial, international, and foreign), and legal documents.
7. Any display, use, act, participation, relation to, or consequences from Offensive Behavior by any Party whether malicious, damaging, or lacking intentions entirely.
8. Your actions or negligence regarding any individual under the age of 18.
9. Your access, use, display, participation, relation to, or consequences from any international, territorial, or foreign law, including any laws prohibiting or restricting any use or form of business in the United States, on our Website, or with any individual. See the entire section entitled “International Communications, International Service, Prevailing Language, Prevailing Currency, and Our Local Law Compliance” for details.
10. Any demands, assurances, claims, reliance, trust, or expectations that you have regarding our Company Property, including marketing services, Services, Content, communications, information, and our Website.
11. Any damages (incurred or otherwise) resulting from, directly from, or in connection with any items listed in this section above.
We may also, from time to time, present our own marketing services on our Website. You agree that you are responsible for complying with all rules, regulations, policies, procedures, processes, and limitations that we associate with such aforementioned marketing services without limitation. We do not represent or warrant that such marketing services by us are legal in your jurisdiction. If improper conduct, cheating, gambling, stealing, undermining the system, fraud, or tricking our system in any way occurs or is anticipated, we may deny any rewards, payments, or benefits. Further consequences may include termination of this Agreement and barring any access or use of Company Property including access to our Website and use of Services. Any of the aforementioned marketing services may be altered or cease at any time without notice or limitation.
You agree that some of our marketing services are used to present objective ratings and feedback to Clients on our Website about Contractors (if such Contractors individually wish to activate such services for their own benefit) and even about our own Services. You agree that ratings and other marketing services without limitation may be presented to Clients on our Website as an average, total, or other collective format.
We do not investigate, censor, observe, monitor, or translate any such feedback (or other content) that you provide to marketing services, nor do we claim any warranties, obligations, liability, or guarantees including any regard to truthfulness; correctness; accuracy; reliability; or being without defamatory content, slanderous material, or libel.
You agree that we are not legally responsible, committed, obligated, under any representation, or liable for any content given to us or posted on our Website by you, the Contractors, Relevant Third Parties, or any Third Party. You agree that any Offensive Behavior, illegal activity, illegal content, or libel found in any content that you, Contractors, Clients, Relevant Third Parties, or a Third Party provides for marketing services is not our legal responsibility, obligation, warranty, guarantee, or liability and that any legal actions brought against such content fall to you, the relevant Contractors, relevant Clients, Relevant Third Parties, or the Third Party provider of the aforementioned content. You agree that you are completely, solely, and legally responsible as well as obligated and have complete liability for any posts, comments, remarks, ratings and any other information you provide for marketing services on the Website without limitation, including any litigation, actions, suits, complaints, or any other legal action or motion of any kind (without limitation). You agree that we may be allowed to investigate content that you provide for marketing services at our sole discretion (usually at the request of a Client) and that we reserve the right to remove any such content at our complete and sole discretion, especially in regard to any breach of our Agreement and Additional Policies or potential risks to Clients or the Contractors.
If you are using the Website or other Company Property in any way outside of the United States or if the United States is not your home country then you agree to personal information and communications being transferred internationally (across international boundaries and from one country to another). Some countries do not have the same information policies as the United States; therefore, you agree that you are responsible for your information when accessing this Website and when communicating with us whenever inside or outside the United States.
You agree that you are completely and solely responsible for researching, keeping up-to-date, and altering your actions to comply and know any and all relevant laws regarding our Agreement, Additional Policies, and Company Property. Furthermore, you agree that you are completely and solely responsible for researching, keeping up-to-date, and altering your actions to comply and know any and all relevant laws regarding our Agreement, Additional Policies, and Company Property regarding use or transaction of any service, software, and communication; you agree to obtain all required lawful authorizations for such matters.
Do not access our Website, access Company Property, do any business with us, use our Services, or communicate personal information to us if you are prohibited from doing so in your location by any law including any administrative act, embargo, regulation, sanction (of any kind), software restrictions, applicable law, policy, treaty, decree, service restrictions, or trade restrictions including United States export and import control laws or any of the aforementioned in regard to a sovereign nation.
We make no warranty, representation, guaranty, or commitment that Company Property, Clients, Relevant Third Parties, or Contractors are legal, appropriate, usable, or offered in any way inside or outside of the United States including in regards to warranties, representations, commitments, guarantees, obligations, liabilities, laws, tax laws, regulations, policies, or agreements. You agree that you are completely, solely, and entirely responsible for complying with any and all laws (local, state, regional, provincial, federal, territorial, and international) including laws about privacy and data, regulations, Internet laws, tax laws, and policies in your jurisdiction inside or outside the United States; therefore, do not access or use our Content in any way where you are prohibited from doing so. If you are restricted from doing business in the United States, with United States companies, or with United States citizens for any reason, do not access Company Property in any way; such reasons may include if you are a citizen of, located in, or a resident in an area under embargoes or sanctions by the United States or other sovereign country. You agree to comply with the Intellectual Property Rights (and relevant laws regarding Intellectual Property Rights) of us, Contractors, Clients, Relevant Third Parties, and Third Parties.
We reserve the right to limit or restrict Company Property in any way to anyone inside or outside the United States for any reason. You agree that you are not an individual or a part of any collaboration; association; employment; nor associated with any collective, group, association, agency, or entity (and other Third Parties not specified) that are found, located, or identified on government or law enforcement lists of restricted individuals, alternatives, groups, agencies, or entities including regulations, embargoes, sanctions, wanted lists, or any of the following by the United States: blocked persons lists, denied persons lists, debarred parties lists, denied entity lists, specially designated nationals lists, or law enforcement documents otherwise not specified of any kind (whether known, unknown, current, or in the future).
All transactions and payments between us and you will be in U.S. dollars, under United States jurisdiction, and in the language of English. You agree that you are responsible for abiding by your local laws as well as United States laws. All Company Property on our Website is completely and solely intended and directed to entities that reside in the United States unless otherwise explicitly stated in writing on our Website by an authorized representative of the Company.
Effective Date and Duration:
See the section entitled “Effective Date and Changes” for details regarding the Effective Date as well as the circumstances and when the effect of this Agreement applies to you.
The duration of this Agreement shall be from the Effective Date until your access or use of Services, the Website, or Company Property (including any personal information about Contractors, us, or the Clients as well as any proprietary information not specified) ceases.
Alterations and Amendments:
We reserve the right (without obligation) to alter your use and access to our Company Property including our Website, Services, marketing services, information, Agreement, Additional Policies, and communication at our sole and complete discretion for any reason (or lack of a reason) at any time without notice.
Methods of Termination:
We may terminate this Agreement by sending a written (email) notice; the termination is immediate upon the sending of the notice regardless if the notice was read or received. You may terminate this Agreement by sending us a written (email) notice; the effects and consequences of your notice may take a reasonable amount of time for us to receive, process, and enact. We must receive your written (email) notice entitled “AGREEMENT TERMINATION” with your contact information (including your name, billing address, email address, and phone number) and a detailed message describing the termination of the Agreement. You or the Company are freely permitted to terminate this Agreement by written (email) notice without reason, without explanation for a reason, and at the complete and sole discretion of the terminating Party.
We may terminate this Agreement without notice to you if one of the following occurs:
1. You violate or breach our Agreement or Additional Policies.
2. You violate any relevant laws, regulations, or any legal policies relevant to this Agreement.
3. You create, encourage, or act in any way that results in Offensive Behavior. See the section entitled “Appendix 1: Consent and Agreement to Professional Behavior Policy” for further details. Consequences, including the possibility of termination, may occur if we suspect, anticipate, or believe at our complete and sole discretion that you have in any way caused Offensive Behavior.
A violation or breach of our Agreement, our Additional Policies, relevant laws, relevant regulations, or relevant legal policies may result in civil and criminal penalties from law enforcement as well as resulting in us terminating this Agreement without notice to you.
Termination Consequences:
You agree that any termination eliminates your permissions to use or access our Website, Services, Content, or any other Company Property. We are not liable for any consequences to anyone or any entity as a result of your Agreement termination or as a result of any Agreement alteration by us.
All of your permissions, authorizations, and licenses expire and cease upon the termination of this Agreement. If you receive no alterations, penalties, terminations by us, or consequences from us as a result of behavior that is restricted in this Agreement (including Offensive Behavior), you might be permitted (with our written, direct, and explicit email permission) to once again agree to the most updated Agreement to potentially use Services. Restricted behavior in this Agreement includes Offensive Behavior; illegal behavior; fraud; lying; information we find to be inaccurate, untruthful, or incomplete that you present to us in a form, email message, Website postings, or any other kind of communication not specified; and/or any violation of our Agreement, Additional Policies, or other policies of ours not specified.
You agree that we may remove or delete any and all personal information (or any other information and content) given to us if this Agreement is terminated. You further agree that we may (at our sole and complete discretion) prohibit, cease, or prevent any and all access and use of our Company Property including the Website and Services.
You agree to immediately destroy or return to us any Company Property that you have downloaded, saved, or printed upon termination of this Agreement unless otherwise specified by us in writing.
You agree that any unfinished business regarding Services and payments (including unfinished, unpaid, interest, or unspecified) must be completed before you may terminate this Agreement. Any and all payments owed, financial penalties, debts, and outstanding interests owed by you to any Party are still due even if the Agreement is terminated for any reason; see the entire section entitled “Appendix 2: Your Use of Our Services” for details. You agree that we reserve all rights to retrieve any outstanding payments, financial penalties, interest, and payments not otherwise specified to the fullest extent permitted by law.
You agree that Agreement termination (without limiting any other section) will not be interpreted or construed in any way as a waiver or release from any warranties, obligations, responsibilities, commitments, and guarantees incurred before the Agreement termination including any such warranties, obligations, and guarantees that result from negligence, omission, illegal activity, or any other act not specified that occurred before the Agreement termination.
At our complete and sole discretion, we may alter your use, access, and capabilities to any degree if you create Offensive Behavior including the possibility of Agreement termination.
You agree to provide any notices, records, and communication by email as the method of contact. Notices, records, and communication are sent to [email protected] by email. You give us permission and authorization to receive notices by the email provided by you in form data or communicated to us by email directly by you. Some notices (including Agreement or policy updates) may be posted on the Website at our sole and complete discretion for your review; all such Website notices are agreed by you to be sufficient notice for any purpose including legal communications.
You agree that notices, records, and communication received and sent by email is considered to be “in writing.” You agree to waive any and all rights to any notices, records, and communication beyond or outside email.
Some notices, records and communications from us may be by telephone or United States mail (via a facsimile, certified, requested return receipt, and/or postpaid) based on information sent and communicated to us by you; you agree that we reserve the right and have permission and authorization to send notices, records, and communications to you at our complete and sole discretion. Reasons for such alternative mediums may include security or expediency. We may require a receipt confirmation number or other verification (such as personal information) when communicating matters of a payment, financial nature, or personal nature by email or any other forms, methods, or mediums of communication.
You agree that all notices, records, and communication sent to you from us is considered complete, satisfactory, and sufficient notice for all purposes and intents (legal and otherwise) from the moment we send such messages regardless if such messages are not received, are unread by you, misidentified or redirected by spam or email filters, or if your email address is no longer used or valid for any reason.
Removing Our Electronic Communication Permission and Authorization:
You must send us an email notification that has “REMOVE PERMISSION” as the title with a detailed description in the body of the message including your name and contact information. If you decide to remove our permission and authorization to send and receive notices, records, and communications by email (or electronic means not specified when we send notices, records, or communications to you) then you must cease all access and use of Company Property and give us a reasonable amount of time to enact and process your email request. All notices, records, and communication sent by us are still entirely legal and valid until your decision is put into full effect after being processed and enacted. You will not be allowed any access, license, or use of any Company Property once you have made the decision to remove our permission and authorization for email to be the method of contact, and this Agreement will be terminated.
Legal Communication:
You agree to send all legal communications including legal notices, records, communications, and additional agreements by email. You agree that you give us permission and authorization to receive all legal communications including legal notices, records, communications, subpoenas, cease-and-desist notices, or any other legal communications not specified. Any and all such legal communications are effective once we receive the legal communication.
Agreement Violations:
You agree that any known, anticipated, expected, or observed violation of this Agreement or our Additional Policies is considered a breach of this Agreement; you agree to notify us immediately of any known, anticipated, expected, observed, or likely violation of this Agreement or our Additional Policies by email. This email notification should be entitled “VIOLATION” with a detailed description in the body of the message including your name, your contact information, and contact information of the breaching Party.
1. All Parties to this Agreement are giving up the right to sue each other in court including the right to a trial by jury, except as provided by the rules of the arbitration forum in which a claim is filed.
2. Arbitration awards are generally final and binding; a Party's ability to have a court reverse or modify an arbitration award is very limited.
3. The ability of the Parties to obtain documents, witness statements, and other discovery is generally more limited in arbitration than in court proceedings.
4. The arbitrators do not have to explain the reason(s) for their award unless required by the applicable arbitration rules for an eligible case.
5. The rules of some arbitration forums may impose time limits for bringing a claim in arbitration. In some cases, a claim is barred by these time limits.
6. The rules of the arbitration forum in which the claim is filed, and any amendments thereto, shall be incorporated into this Agreement.
Any issue or dispute arising out of or relating to this Agreement (including a breach thereof); the Contractor’s Work; the Contractor; the Client; the Company or any of their current and/or former officers, directors, partners, agents, affiliates and/or employees; successor firms by merger, acquisition, or other business combinations shall be settled by arbitration in accordance with the rules of the American Arbitration Association (“AAA”) then in effect. Any demand for arbitration shall be made within the time prescribed by this Agreement and will be subject to the applicable state or federal statutes of limitations as though filed in court. Judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Disputes Between You and the Contractor:
Any disputes between you and the Contractor remain outside of our jurisdiction and dispute resolution process unless you believe the Contractor has broken the law or violated this Agreement (or our Additional Policies).
Class Action Waiver:
You agree that this class action waiver alters your rights and ability to participate, engage, or file a class action in any collective, as a representative, as a member, in a group, representing another entity, on behalf of another, or in an attorney general proceeding.
You agree that any and all issues and disputes shall be individually brought to arbitration; this voids, prohibits, and prevents any class action from being filed, engaged, or involving any participation by you regardless if you are any of the following: a representative, in any collective, are a member, in a group, representing another entity, on behalf of another, or in an attorney general proceeding.
You and the Company agree that no discipline, retaliation, or threats will come from either Party if a Party participates, engages, or files a class action under the National Labor Relations Act; we reserve the rights to maintain this class action waiver to the fullest extent of the law and to dismiss such class actions.
YOU AGREE THAT ALL PARTIES (EVERYONE) ARE WAIVING THE RIGHT TO JURY TRIALS, PLAINTIFF PARTICIPATIONS, OR BEING A CLASS MEMBER IN ANY CLASS ACTION OR ANY REPRESENTATIVE PROCEEDING.
Any disputes, interpretations, and controversies regarding this Agreement are mutually agreed by All Parties to be discussed and resolved through negotiation between relevant Parties.
The Contractor, Company, Client, and All Parties mutually agree that any arbitrations, actions, controversies, hearings, disputes, proceedings, and claims by any Party relating and/or arising from this Agreement will be brought, tried, litigated, and resolved ONLY in Fargo, North Dakota, or in the exclusive jurisdiction and venue of applicable federal and state courts serving Cass County, North Dakota.
All reasonably related fees and costs including but not limited to attorney fees, that are subjected to the prevailing Party from any such actions, controversies, hearings, disputes, proceedings, and claims are awarded to the prevailing Party.
You agree to bring and institute any arbitration against us within one year after the basis for the arbitration accrues or you deem those actions forever waived and barred.
You agree that this Agreement shall not render or establish you or the Contractor as an employee, joint venturer, franchise, partner, agent, officer, agency, representative, director, or licensor with the Company for any purpose. You agree that within this Agreement, Additional Policies, or any legal document between you and the Contractor, we do not endorse, supervise, introduce, control, direct, command, or recommend Contractors, Contractor's Work, Clients, the Contractor's schedule, the Contractor's payment prices, or the Contractor's availability.
No aspect, in whole or in part, of this Agreement or any section within shall be interpreted to create any relationship of employer, employee, partnership, legal representative, joint venture, principal, agent, or any other fiduciary relationship than otherwise explicitly stated in this Agreement. In addition, the Contractor shall remain an independent contractor as the relationship to the Company. You agree that no aspect of our Services and Company Property of any kind will be interpreted as us introducing, recommending, or endorsing a Contractor or Client under any circumstance without limitation. We do not introduce, endorse, or recommend Contractors to you.
Neither you nor the Contractor shall have any authority to act as an agent for, or on behalf of, the Company, nor to represent or bind the Company in any manner.
We shall not be responsible for withholding taxes in regard to any compensation. You agree that neither you nor the Contractor shall have any claim against us for vacation pay, retirement benefits, sick leave, pension, health or disability benefits, any employee benefits, unemployment insurance benefits, withholding unemployment, unemployment compensation benefits, any insurance benefits, worker's compensation, worker's compensation insurance or benefits, Social Security, Social Security benefits, welfare plans, participation or eligibility for Company benefits (of any kind), taxes (for either the Contractor or Client), tax withholding (for either the Contractor or Client), or any liability or malpractice insurance issues.
You agree that any additional terms or legal documents made between you and the Contractor including agreements, contracts, sections, or obligations (legal or otherwise) of any kind without limitation for potential Contractor's Work (or for anything else) will not create any obligations, restrictions, liabilities, warranties, commitments, guarantees, or alterations to this Agreement, Additional Policies, our rights, or the relationship status between us, you, Clients, Contractors, Relevant Third Parties, and any other Third Parties. You agree that we are not a Party in any terms made between you and the Contractor. You agree that neither you nor the Contractor(s) have any permission or authority to engage us or agree on our behalf to any agreements (or other legal documents and policies) in any way. You agree that this Agreement, Additional Policies, you, Contractors, Clients, and any terms or legal documents made between you and the Contractor including agreements, contracts, sections, or obligations (legal or otherwise) of any kind without limitation DO NOT AND NEVER WILL UNDER ANY CIRCUMSTANCE imply, suggest, establish, interpret, express, or theorize an employer – employee relationship between us and any Contractor (or Client), or between us and you from a legal perspective or any other perspective not specified.
You are completely and solely responsible, obligated, and liable for any relationship classification (as independent contractor or otherwise not specified) and engagement between you and the Contractor(s). You agree that we do not create, establish, perpetuate, or maintain any classification or engagement between you and the Contractor including relationships of agency, enterprise, partnership, or any other relationship not specified; we disclaim any and all responsibilities, obligations, warranties, guarantees, commitments, and liability for the relationship classification and engagement between you and the Contractor(s). Any paperwork, background checks, agreements, tax documents, all other legal documents, working conditions, laws, demands, payments, services, damages, financial losses, and anything not specified that all results from any relationship classification between you and the Contractor does not affect us in any way, legally or otherwise.
Between You and Us:
Our Website is a platform for you to find a potential Contractor for potential Contractor's Work. You agree that discovering Contractors, communicating (including negotiations) with Contractors, choosing Contractors, evaluating (or adjudicating) your satisfaction levels, and any additional legal documents (such as additional terms or contracts) between you and the Contractor are all your complete and sole responsibility and obligation.
We do not guarantee, warrant, or represent that you are able to make payments for Contractor's Work nor that Contractor's Work will actually occur. You agree to review and understand performance guidelines, print guidelines, and any necessary and relevant laws applicable to Contractor's Work as stated by United States law. We do not provide or choose the location or medium of Contractor's Work or communication. We do not facilitate communication between you and the Contractor, including meetings, negotiations, or introductions.
We are not responsible, obligated, or liable for your national, international, provincial, federal, territorial, regional, state, and local taxes derived from any transaction, fees, compensation, or payment. We are also not responsible, obligated, or liable for withholding and/or payment of any national, international, regional, territorial, provincial, federal, state, or local incomes, disability benefits, Social Security, withholdings, payroll taxes (of any kind), worker's compensation, unemployment, unemployment benefits, retirement, retirement benefits, or any applicable legal and/or tax requirements of yours. Your income, any taxes, Social Security, tax returns, tax payments, and all other taxes (including within the nation from which you accepted our Services) are your complete and sole responsibility.
Between Us and the Contractor:
Contractors communicate with Clients, choose Clients, evaluate (or adjudicate) Contractor's Work satisfaction, and negotiate any additional legal documents (such as additional terms and contracts) between Clients and themselves at their own complete and sole discretion. We may provide marketing services to Contractors that may include the advertising of their limited information (such as the Contractor's Work) and a picture of the Contractor; however, we do not aid the Contractor in discovering, meeting, introducing, communicating with, or negotiating with Clients.
We do not monitor, control, operate, direct, introduce, order, supervise, instruct, train, evaluate, or adjudicate the Contractors, Clients, or Contractor's Work. You agree that we have no control whatsoever over Contractors, Clients, or Contractor's Work.
We do not provide materials, sheet music, curriculum, aids, teaching methods, instructional materials, goals, accessories, books, equipment, supplies, instruments, or knowledge of special needs for anyone; these items are solely and completely the responsibility of the Contractor. Maintaining proper equipment and knowledge capability is solely and completely the responsibility of the Contractor.
Any determination of curriculum(s), lesson plans, work schedules, schedules for Contractor's Work, communication techniques, teaching styles, teaching techniques, practice preferences, and application of the aforementioned methods are the sole responsibility of the Contractors.
Us Within Any Legal Document Between You and the Client:
You and the Contractor agree (and must agree) to establish us as a Third Party beneficiary with regards to upholding, establishing, maintaining, and executing our rights, reservations, waivers, disclaimers (including warranty disclaimers), restrictions, policies, guarantees, warranties, licenses, ownership (including intellectual property and Company Property ownerships), permissions, consents, authorizations, privacies, fees, information privacies, confidentiality, compliances (to us and any relevant laws of any kind), limitations (including limitations of liability), legal options, legal capability, governing law, jurisdiction, arbitration, benefits, RELATIONSHIP STATUS, obligations, this Agreement (in part and in whole), and our Additional Policies (in part and in whole).
This Third Party beneficiary status of ours is used in an agreement (or other legal document) between you and the Contractor to ensure that our Agreement is not altered. Neither you nor the Contractor shall have any ability, permission, or authority to alter any aspect of upholding, establishing, maintaining, and executing our rights, reservations, waivers, disclaimers (including warranty disclaimers), restrictions, policies, guarantees, warranties, licenses, ownership (including intellectual property and Company Property ownerships), permissions, consents, authorizations, privacies, fees, information privacies, confidentiality, compliances (to us and any relevant laws of any kind), limitations (including limitations of liability), legal options, legal capability, governing law, jurisdiction, arbitration, benefits, relationship status, obligations, this Agreement (in part and in whole), and our Additional Policies (in part and in whole).
YOU AGREE THAT WE ARE NOT A PARTY IN ANY AGREEMENT (OR ANY OTHER LEGAL DOCUMENT) BETWEEN YOU AND THE CONTRACTOR. YOU AGREE THAT WE HAVE NO OBLIGATIONS, GUARANTEES, WARRANTIES, LIABILITIES, COMMITMENTS, OR RESPONSIBILITIES THAT ARE CONNECTED WITH, RELATED IN ANY WAY, RELEVANT TO, OR CONNECTED IN SOME LEGAL THEORY REGARDING ANY LEGAL DOCUMENT BETWEEN YOU AND THE CONTRACTOR. YOU FURTHER AGREE THAT WE HAVE NO OBLIGATIONS, GUARANTEES, WARRANTIES, LIABILITIES, COMMITMENTS, OR RESPONSIBILITIES THAT ARE CONNECTED WITH, RELATED IN ANY WAY, RELEVANT TO, OR CONNECTED IN SOME LEGAL THEORY REGARDING ANY ACTS (INCLUDING ACTS OF OMISSION) BY YOU, OTHER CLIENTS, OR THE CONTRACTOR. YOU AGREE THAT THIS AGREEMENT AND ADDITIONAL POLICIES SHALL SUPERSEDE ANY AND ALL PRIOR AGREEMENTS, NEGOTIATIONS, COMMUNICATIONS, TERMS, AND OTHER LEGAL DOCUMENTS NOT SPECIFIED BETWEEN YOU AND THE CONTRACTOR.
You must agree to this Agreement and our Additional Policies; all sections of this Agreement apply to any other legal document that you and the Contractor agree upon. In addition to reviewing the entire Agreement and Additional Policies before writing or agreeing to any other legal documents between you and the Contractor, be certain to review the entire “Relationship Status” section, the entire “Contractor Services” section, the entire “Limitations of Liability” section, and the entire “Conflicts of Interest” section.
We do not, and are not obligated to, request or require any project plans, final result reports, or progress reports from the Contractor or you. Any issues or disputes arising from Contractor's Work are under the sole responsibility of the Contractor including refunds beyond the 48-Hour Rejection Window (see the entire section “Appendix 2: Your Use of Our Services”). If the Contractor abandons Contractor's Work without communication or an agreement is not met, Clients are to contact us immediately (by email) as detailed in the section entitled “Appendix 2: Your Use of Our Services.”
Headings:
Headings and numberings for each section are not a part of this Agreement. Headings and numberings are provided for convenience and are not intended to affect the interpretation of any section of this Agreement.
Agreement Review:
You agree that you have had satisfactory time enough for any purpose (legal or otherwise) to read, research, and review this Agreement before agreeing to it. You agree that our creation of this Agreement plays no part in your time to satisfactorily read, research, and review this Agreement before your agreement to this Agreement.
Additional Legal Documents Between You and the Contractor:
This Agreement and Additional Policies supersede, govern, rule, and maintain full force, execution, and effect to the fullest extent of the law over any agreement or any other legal document between you and the Contractor. No permission or authorization is given to alter our rights, warranties, responsibilities, representations, commitments, liabilities, scope, or obligations in any legal document between you and the Contractor.
Entire Agreement, Integration:
This Agreement, any accompanying appendices, referenced policies located on our Website, exhibits, copies, duplicates, additional terms, and Additional Policies constitute the entire agreement between you and the Company regarding and relating to the subject matter of this Agreement.
All representations, understandings, representations, commitments, discussions, decisions, warranties, agreements (written or oral), communications (in any form), and negotiations of any kind between All Parties prior to the Effective Date of this Agreement are superseded by this Agreement. This Agreement takes precedence over all conflicting content or inconsistency issues relevant to us, our Website, our Content, or any similar material.
Survivability:
All sections in this Agreement survive any termination or expiration of your use of Company Property, this Agreement, communication with us, or any relationship with us whatsoever. All sections that incur or have consequences (including debt, arbitration, financial situations, audits, conflicts of interest, and/or Intellectual Property Rights) beyond the Agreement termination shall survive and remain in full effect, execution, and force.
All permissions and licenses given to you expire the moment the Agreement is terminated.
Force Majeure:
No Party of this Agreement is in breach of this Agreement if any aspect of the Agreement is unable to be completed due to an event of force majeure including terrorist activities, revolution, blockade, rebellion, war, riot, civil war, embargo, government sanction, strike, denials of service, labor dispute, labor issues, malfunctions of electricity, malfunctions of phone service, malfunctions of Internet service, malfunctions of communication services not specified, death, illness, accidents, incapacity, lockouts, hostilities by a public enemy, flood, storm, hurricane, fire, volcano, tornado, earthquake, natural disaster, Act of God, or any event or act beyond a Party's control. Any law, restriction, regulation, policy, act, requirement, or order of law is also included in this section as an event of force majeure.
When any of the aforementioned or similar events of force majeure in this section occur, the afflicted Party shall communicate to the unafflicted Parties within a reasonable amount of time about the incapability and delay in service completion as well as plans of schedule revision to complete any services.
If an event of force majeure occurs, a 30-day termination notice may be given by any Party AFTER 60 days have passed and the effects of the event of force majeure continue regardless of any time extension statements.
Amendments:
Amendments may only be made to this Agreement in writing that is produced, displayed, and authorized by the Company. Any such amendments retain the full force, execution, and effect of the Agreement.
Amendments and alterations to this Agreement may be communicated through written (email) notice, facsimiles, or other electronic communication not specified; however, amendments and other alterations posted on the Website are not required to be communicated via written (email) notice, facsimiles, or other electronic communication not specified.
A profound alteration or substantial change to this Agreement that decreases your rights or increases your obligations will be posted on the Website for 30 days before taking effect.
Assignment:
This Agreement shall not be assigned, transferred, or encumbered by you or the Contractor without our permission to the relevant Parties in unambiguous writing prepared by us. Such assignment permission includes rights, services, obligations, and/or delegations of services (and our Services). All attempts at assigning, transferring, or encumbering this Agreement are void.
Neither you, the Client, nor the Contractor have any ability or authority to enter, have, hold, take action, transfer, or bind any opposing Party (including us) into a commitment, obligation, encumber rights, or bind an opposing Party (including us) in any way other than already expressed in this Agreement and our Additional Policies.
You agree that no individual, Party, or entity has any permission or authority to take any kind of action or make any commitments, representations, or statements (all without limitation) on behalf of, or in collaboration with, another individual, Party, or entity other than those already expressed in this Agreement and our Additional Policies.
Any valid assignment or transfer of this Agreement shall be interpreted and construed to the benefit of the assigns, successors, and beneficiaries of the assignment or transfer.
Merger:
A consolidation or merger between the Company and any other entity or into another Party does not, alone, terminate this Agreement.
Severability, Unenforceability of Sections/Provisions:
Any terms or conditions of this Agreement that are found or held unenforceable, invalid, or illegal in whole or in part for any reason are altered, expanded, and/or reduced to represent our original intention at our sole discretion as is necessary for legal and enforceable purposes; such alterations, expansions, and/or reductions are maintained and remain in full force, execution, effect, and duration of this Agreement.
All sections (or lines, paragraphs, components, provisions, portions, clauses, and any other partitions of this Agreement) that remain unaltered, unexpanded, and unreduced are executed in full force, full effect, and in the full duration of this Agreement.
Any sections that are found or held unenforceable, invalid, or illegal in whole or in part for any reason in any jurisdiction shall not alter or affect the enforceability, validity, legality, or executable status of such sections (whether in part or in entirety) or the complete Agreement and Additional Policies in any other jurisdiction.
Successors and Assigns:
The Company, the Contractors, the Clients, All Parties, and you as well as our employees, agents, officers, representatives, directors, licensors, licensees, successors, and assigns are all inured and bound by the Agreement and all Additional Policies to the benefit of us.
Professional Behavior Policy:
Maintaining a professional atmosphere for everyone is mutually agreed by All Parties. A professional atmosphere reflects behavior and attire typical of a professional, reflects good judgment, and lacks (but is not limited to) the following: Offensive Behavior, sexual harassment, sexual conduct, Rights Infringement, unwanted spam and computer code, and other unnecessary behaviors.
Behavior Resolution:
Offensive Behavior allegations or complaints will be investigated and resolved by us through facts in a timely manner. Resolution of such complaints and allegations can include but is not limited to discreet or public apologies, blocking use of the Website, warnings, suspension, liabilities of a civil or criminal nature, Agreement termination, or termination (if necessary for an employee of the Company). YOU AGREE THAT WE MAY SHARE YOUR INFORMATION AND COOPERATE COMPLETELY WITH LAW ENFORCEMENT REGARDING ANY CRIMINAL VIOLATIONS EVEN IF SUCH VIOLATIONS ARE NOT DIRECTLY ON OUR WEBSITE.
Please review our “Appendix 3: Some Violation Consequences” for additional details.
Open Communication and Violations:
Any individual that discerns any violation of this Professional Behavior Policy should object and make a report to the immediate attention of “MANAGEMENT” at [email protected]. Situations will be handled discreetly, and no retaliation by the Company will be made toward anyone that makes a report in good faith regardless if the violation was credible or not.
If you have a specialized question or any question relevant to the Contractor, please contact the Contractor (not us) at their email address presented on their Contractor profile on our Website. We are not experts on any specific field, nor can we answer questions regarding the personal business, schedule, habits, or preferences of the Contractors and their business.
It is to your benefit to contact any Contractor with any questions before making any kind of payment or appointment for Contractor's Work. There is no guarantee of a response; we are not in charge of the Contractor.
We do not suggest, back, support, or acknowledge any Contractor over another Contractor; all such judgments must completely and solely be made by you. We do not communicate as a middleman between you and the Contractor, establish details to ensure any aspect of Contractor's Work (such as scheduling, suggestions, or appointments), or create meetings (or communications) between you and the Contractor. We do not charge a fee from you for any communication or negotiation with a Contractor; however, we extract a fee for all potential Contractor's Work when the Client has chosen a Contractor from the Website and makes a payment. You agree to exclusively use our Website for all payments for Contractor's Work; redirecting payments and/or Clients to a Contractor's personal business, rather than through our Website, is considered a breach of this Agreement.
Please review our Professional Behavior Policy for details. You agree to never solicit any personal information or contact information from a Contractor or Client that could be used to locate or identify the Contractor or Client for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website Services (including fees). You agree to never present or reveal any personal information to a Contractor that can be used to locate or identify you for the intention, or to the consequence of, redirecting Client traffic or Client business outside of our Website Services (including fees).
YOU AGREE TO REPORT TO US IMMEDIATELY IN WRITING IF A CONTRACTOR ASKS FOR UNNECESSARY INFORMATION, DISCLOSES UNNECESSARY INFORMATION TO YOU, OFFERS (OR SUGGESTS) ANY OFFLINE MEETINGS, OR OFFERS (OR SUGGESTS) ANY OFFLINE CONVERSATIONS. See the section entitled “Conflicts of Interest” for additional details.
Transaction:
We agree to offer and sell you platform services (“Services”) that may lead to potential Contractor's Work. Clients agree to purchase these Services to connect you with any advertised potential Contractor's Work including quantities and associated payment amounts listed on our website (the “Website”).
You agree to pay the listed payment amount(s) on the Website for our Services and Contractor's Work. The total amount is payable immediately upon filling out a form (the “service request form”). Any payment not received cancels Services and service requests thereby also canceling Contractor's Work. This Agreement is still in effect even if such an event occurs.
You agree to waive any rights to ask for chargebacks from any bank, credit card company, debit card company, or any other payment source to retract any payment (including fees sent) to us; instead, you agree to use our dispute resolution process as the means of solving and remedying any such dispute. You agree that we reserve the right to appeal or dispute any aforementioned chargeback to any bank, company, or agency; and to receive any payment and Service fee amounts, payment amount from the relevant company, accrued interest, collection agency fees, investigation fees, attorneys' fees, court costs, arbitration costs, and any other collection fees not specified.
Conversions of Foreign Currency:
This Website, all transactions, and all payments operate with U.S. dollars. Any foreign currency conversion is converted by your payment provider at whatever rate they dictate. You agree that we shall have no responsibility, commitment, obligation, warranty, or guarantee toward any foreign currency conversions or conversion rates at any point before, during, or after your payment or by any payment form, method, medium, or source in any way.
Payment Disruptions, Late Payments, Owed Interest:
We reserve all rights to send your information to a collection agency to recover from you any and all reasonable costs from the collection process as allowed by law as well as any payment for received services if you initiate a disruption (or communication issues) and somehow neglect payment (including Service fee amounts) within 30 days. After the aforementioned 30 days of any late payment (for any reason), your debt will accrue finance charges at a rate of 1.5% of the original payment amount each month or the greater rate allowed by law. If a disruption has occurred, please contact [email protected] at once with an email entitled “DISRUPTION” with details concerning the issue.
Severe disruptions may take more than 180 days to resolve through Relevant Third Party services; finance charges may accumulate unless we choose to waive those accumulated finance charges at our discretion.
Services:
Once payment is received, we begin processing the Client's request. We notify your selected Contractor with relevant information and give the Contractor a 48-hour opportunity to reject the request for any reason (“48-Hour Rejection Window”). Once this rejection period ends, we remove fees for our Service and distribute the remaining payment to the Contractor for Contractor's Work. The Contractor may contact your email address listed in the service request form to communicate details, schedule changes, or alternate plans as is their preference in accordance with their business.
At this point, our Services are complete unless the Client rescinds the service request form before the 48-Hour Rejection Window is complete by contacting [email protected] and sending an email entitled “CANCEL FORM” with appropriate details and receipt information. We may contact you to further verify your identity.
Refunds BEFORE the 48-Hour Rejection Window Ends:
A “CANCEL FORM” email (see “Services” in this appendix) must be sent before the 48-Hour Rejection Window to negotiate the situation.
If you suffer an Act of God or something similar before the 48-Hour Rejection Window ends, please contact us to negotiate the situation(s) in detail.
We cannot guarantee a return of funds in part or in entirety to the Client; depending on the situation, we may extract fees for transferring funds, simply not accept the PayPal payment, or not transfer any funds at all.
Contractor's Work:
Once the 48-Hour Rejection Window has passed, all issues, negotiations, and responsibilities relevant to the request of Contractor's Work fall to the Contractor and their business. These responsibilities and rights may include scheduling, rescheduling, refund policies, mediums for Contractor's Work (including webcam technology), alterations to original requests, or additional changes. The Contractor may provide you with their business policies or other legal documents.
The Contractor may contact you through email to discuss details, negotiate, or alter plans at the Contractor’s discretion before Contractor's Work initiates.
Refunds AFTER the 48-Hour Rejection Window Ends:
Once the 48-Hour Rejection Window has passed, any refunds are the responsibility and liability of the Contractor and their refund policy (if any). Any attempt to retrieve a refund from the Company after this window will be rejected. If the Client abandons Contractor's Work, any refund requests or alterations are the sole responsibility and discretion of the Contractor after the 48-Hour Rejection Window closes. The Company will not be refunding the extracted Service fees at this point.
Fraud, Contractor Abandonment, or Other Illegal Activities Against You:
If your identity has been stolen (fraud) or a payment account has been compromised, and you believe in good faith that a payment was made to us that was not by you or the Client, contact us immediately at [email protected].
If you believe the Contractor has abandoned Contractor's Work after the 48-Hour Rejection Window, an agreement has not been reached between you and the Contractor, and/or communication between you and the Contractor has ceased, Clients are to contact us immediately by email. If an agreement is not made between you and the Contractor under such an abandonment, we may request a meeting with the Contractor to discuss the issue.
Restricted Activity:
Restricted activities including attempts to create a PayPal dispute or chargeback (credit card or otherwise) after the 48-Hour Rejection Window due to buyer's remorse (after already accepting our Services by making a payment), double dipping by attempting to pull out funds (from any source) before such a payment is accepted and processed, canceling a credit or debit card, or other restricted actions are likely a breach of multiple agreements from Third Parties and us (including our Agreement and Additional Policies). You agree that these actions are a breach of our Agreement and that you will not attempt such actions; if you have any right to such actions, you agree to waive those rights. You agree to pay for any fines, penalties, or legal actions associated and connected with such actions if you perform or attempt such actions.
You agree that we reserve all rights to alter or terminate your access and use of Company Property (including the Website, Services, Content, information, communication, and marketing services) at our complete and sole determination if you have created, are connected to, or are involved with Offensive Behavior or Agreement violations. You further agree that we have no guarantee, warranty, responsibility, commitment, or obligation to exercise any of those rights and capabilities and that any lack of action by us shall not be construed as a waiver of any kind under any circumstance. Any Agreement violation, except for illegal and criminal activity, is determined as such at our complete and sole discretion and interpretation.
You agree that we may use any means available to us to retrieve any outstanding payments (including Service fees) and interest from you to execute our rights for recovering funds including legal means, any information that you provide to us, collection agencies, investigations, or through a payment method provided to us through our communication or business. You authorize us to use any payment method that you have provided in such debt circumstances and agree to provide payments and interests through an alternative payment method if we deem necessary.
We may also, at our complete and sole discretion, alter or terminate your access and use of Company Property if we believe in good faith that such actions are necessary to maintain, preserve, or execute any section within our Agreement and Additional Policies.
We may notify you of an alteration to your access and use of our Company Property as well as an Agreement termination by email unless we believe, at our complete and sole discretion, a legal reason or a risk (of any kind without limitation) exists to any entity or Party including other Clients, us, Contractors, Relevant Third Parties, and Third Parties.
You agree that our notifying of any Party relevant to Services (including Contractors, other Clients, Relevant Third Parties, and our employees) of an alteration to your access and use of our Company Property as well as Agreement termination is necessary for our business, reputation, and good faith.
Some Agreement Violations:
These violations are listed as examples and shall not be interpreted or construed to limit any of our remedies, consequences, rights, or actions.
If we suspect criminal activity including a stolen identity (fraud), a chargeback (from your credit card or otherwise), incorrect payment transactions (such as inaccurate, problematic, fraudulent, or duplicate payments), creating a chargeback or PayPal dispute after the 48-Hour Rejection Window, canceling a credit or debit card, or attempting (or succeeding) at pulling out funds before a payment is accepted and processed then you agree that we have the right to receive any and all missing payment amounts (for both us and Contractors) from you by any and all legal means. Any of the aforementioned criminal activity is more than enough reason to terminate our Agreement with you in addition to any legal or civil actions. Termination may be immediate and without notice to you, even if you still have unfinished business of any sort or kind related to our Website; however, this termination does not release you from any obligation, responsibility, or commitment incurred during the Agreement period nor any consequential effects that extend beyond the termination date.
If we do not receive compensation for any owed payment (including Service fees) beyond 30 days, your debt will accrue finance charges at a rate of 1.5% of the original payment amount total each month (or the maximum rate allowed by law) as well as any and all investigation fees, collection agency fees, attorneys' fees, court costs, arbitration costs, and any other collection fees not specified.
You agree that we may use information (including personal information) to aid us in any action, prosecution, lawsuit, or investigation with law enforcement as well as any collection agencies and credit report agencies.
Investigations for all specific circumstances yield perhaps different/altered consequences than those found in this section.
Your Consent to This Policy (and International Boundaries):
You consent to this Privacy Policy by utilizing this Website, including (but not limited to) signing up for anything; requesting Services; or using any Services, functions, Content, technologies, or any Website features. Your consent to this Privacy Policy applies regardless of the electronic device(s) that are used to access our Website, your personal location, or hardware and software, including (but not limited to) mobile devices and computers.
If you are utilizing the Website (as aforementioned without limitation) outside of the United States, or if the United States is not your home country, you expressly consent to personal information and communications being transferred internationally (across international boundaries and from one country to another).
Changes:
This Privacy Policy may change at any time and are effective upon the date of the policy (not upon reading the policy). Changes to the Privacy Policy will be posted on the website. If we significantly change the Privacy Policy, we will put a notice on our homepage 30 days before you are considered to have expressly consented to the amended Privacy Policy in its entirety (all amendments, all parts, and all sections). Different versions of our Privacy Policy might be archived so you may view them.
What Do We Do with Your Information:
Essentially, we collect information from people with the intention of providing better Services to you. Our goal is to process service request forms, enhance customer service, improve our Website, send periodic emails, and provide a satisfying customer experience. We may ask for information to verify your identity for legal reasons, solve issues, detect or prevent illegal activities, or to prevent duplicate submissions for ratings and surveys.
Our Website may contain links to other websites, but we are not responsible for any content, services, agreements, or privacy practices for those websites. If you desire to send us inquiries, feedback, or concerns about these websites or links, please contact us at [email protected].
We may use your email address to send you information, questions, promotional offers, advertising, or other things. Respect for your email preferences is important to us. If you desire at ANY point in time to unsubscribe from receiving any advertisement emails from us, we put detailed unsubscribe directions at the bottom of each email.
Information Collected and How We Collect It:
Information you give to us:
Our forms:
Our Website has service request forms where you fill out some basic contact information to do business, including (but not limited to) your name, billing address, email address, and a telephone number. This information is used so you may submit a service request form and payment. We will keep an electronic receipt of the transaction for our business processing. The information in this form is shared with relevant independent contractors.
Rating systems:
From time to time, there may be methods to which you can leave ratings for independent contractors. These may be presented in a form, in an email, or on the Website itself. These optional ratings are for independent contractors so that they may improve their business. These ratings are NOT used by us as a means of judging or terminating the contracts of any aforementioned contractors. To ensure these ratings are from you, we may ask for personally identifiable information to validate such a rating. We may store this information to prevent fraudulent duplicates of such ratings.
Other methods (offline and online):
We may collect and store information you send to us through email, telephone, Website forms, information entered on our Website, or information given to us in any other way. This information may be used to solve problems, improve our customer service, protect Clients, perform regular business, or to comply with legal action.
Information collected anonymously:
We collect information including (but not limited to) Website hits, language preferences, system information, and Internet protocol addresses. We use Relevant Third-Party services to collect and process this information for us (as explained in the next section). We use this information to improve our business practices. For example, knowing when certain operating systems are out of date or knowing the popularity of a webpage provides insight into what you, as a customer, need from our Services.
Information collected by Relevant Third Parties:
We may use cookies or other methods to improve our Services. You may adjust your browser to reject cookies, but this may alter the Website functionality. We DO NOT merge any personal information that we directly collect from you to information acquired by cookies or other programs by Relevant Third Parties.
We do not process your payment information on our Website.
Editing Personal Information:
If you believe any of your information is entered incorrectly on our forms, surveys, or ratings then please contact [email protected] within 10 days to correct the issue. We may have to personally verify your identity to alter or remove your personal information. However, some circumstances may require us to keep your information (even possibly without modifications) for business or legal purposes. We may also reject to alter or remove your information when requests require unreasonable or disproportionate resources, repetitive requests, illogical (or impractical) requests, or risk the security of your personal information. Information that resides in any backup location may not be altered or removed to maintain accurate business records and for legal reasons.
Shared Information:
We will only share your personal information with Relevant Third Parties if one of these conditions are satisfied:
1. The Company has your consent to share your personal information. We may contact you for consent in the future depending on the situation.
2. We need your information processed by Relevant Third Parties to provide Company business. “Company business” includes (but is not limited to) conducting business, providing Services, connecting you to Services, Website operation, and legal issues. For example, we regularly share information sent to us in service request forms to the appropriate independent contractors. These independent contractors are under an agreement that prohibits them from using your information for any other purpose beyond business that is requested through our Website and legal reasons, but we are in no way responsible for their actions.
3. We may reveal, review, keep, store, utilize, or maintain your personal information at any time if we believe in good faith such actions will:
A. Help us solve, analyze, investigate, thwart, or prohibit criminal activity including (but not limited to) fraud, security breaches, stolen information, and sabotage;
B. Help us defend, maintain, comply, or enforce rights, safety, property, agreements, and policies relevant to you, our Company, the public, or combinations of those entities as is permitted or required by law;
C. Help us uphold, defend, accommodate, analyze, satisfy, enforce, or comply with any agreements and policies on our Website or with our Company;
D. Help us solve, analyze, investigate, thwart, or prohibit technical problems;
E. Help us comply, satisfy, or accommodate any law, any regulation, or any other legal process, including (but not limited to) government requests that are enforceable;
F. Or help us analyze, solve, or investigate potential or actualized violations of any aforementioned items in this section (titled “Shared Information”);
4. We may share anonymous information (information that cannot identify you personally) with Relevant Third Parties for a variety of uses including (but not limited to) marketing, business trend analysis, advertising, general service, and improvement of our business goals.
Information Security:
We use a variety of security measures including (but not limited to) Secure Socket Layer technology (SSL), encryption, and limited physical access to information. Additionally, we only allow access to personal information by our employees, independent contractors, and Relevant Third Parties.
When This Privacy Policy Applies:
This Privacy Policy applies to all Services and communications on the Website unless we provide a replacement privacy policy for specified services or communications that do not use our regular Privacy Policy.
Our Privacy Policy does not include, cover, apply, or protect any entity beyond those already stated in this policy. Entities that are not covered in this Privacy Policy include (but are not limited to) any other companies, services, linked websites, sites, products, individuals, unaffiliated collectives (or agencies), Third Parties, or different websites (that have our advertisements).
Complaints:
If you have a complaint, please notify us at [email protected]. We will investigate complaints and contact you by email. If we are unable to resolve complaints directly, we will cooperate with law enforcement and authorities when transfer of your personal information is involved.
Law compliance:
In complying with the law, we may work with law enforcement. We will use any information to, in good faith, comply and enforce the law to any extent we deem required for claims or legal processes without limitation. Legal processes include (but are not limited to) subpoenas, lawsuits, and claims. Our goals in these compliance endeavors are to maintain protections, rights, safety, and compliance with various policies, regulations, and rules. In sharing information with law enforcement, we strive to cease and prevent actions we deem unethical, illegal, and criminal.
Contacting us:
If you have questions about this Privacy Policy, Services we offer, or any Website-related issues, contact us:
Omnilessons
ATTN: Website Team
[email protected]
Technology Recommendation Policy:
Our web-based Services require Client technology to function properly. As technology changes, these requirements will also change. This recommendation policy is merely a suggestion to Clients for a pleasing experience regarding our Services. Contractors may have alternative requirements for their Contractor's Work. The following items are recommended to be updated, functional, legal, permitted, and supported:
1. A computer or other technological device that supports the other items on this list.
2. An operating system (“O.S.”) for your computer or any other technological device.
3. A browser for your computer or other browsing device.
4. Cookies are recommended to be accepted by your browser; otherwise, certain functions of the Website and our Services may not operate properly or at all.
5. An Internet connection from an Internet service provider.
6. Anti-virus software and any other security features for your technological device.
7. Some Contractors may require a newer web camera (“webcam”) such as a Logitech HD Pro Webcam c920 or better for Contractor's Work. Certain work by Contractors may require better, alternative, or no webcams; check with a relevant Contractor for their specific requirements.
8. An email address that is regularly checked by you. The majority of our Website communication is by email.
9. A PayPal account with sufficient funds for Services.
Never visit our Website while driving or operating machinery.
We know refunds are needed from time to time. We strive to satisfy your business quickly and fairly.
How to Send a Refund Request:
1. Send us an email at [email protected] with “CANCEL FORM” in the title.
2. Include the receipt number of the payment in the body of the email.
3. Explaining reasons for the refund are not required but may be helpful in the body of the email message.
We may reply to further verify your identity.
Timeline:
We hope to process your refund request as soon as possible. Refunds may take thirty days to process and send a refund, pending any unusual situations. Refunds are sent in the form of a check by the U.S. Mail. Refunds heavily depend on how long the refund request is sent after payment:
1. If the refund is sent BEFORE 48 hours have passed from the initial payment: We will begin processing your refund request in a timely manner. After processing the refund request, the check may arrive two weeks later by U.S. Mail. If your refund request is sent to us early enough, we may forego a refund check by simply rejecting the initial PayPal payment.
2. If the refund is sent AFTER 48 hours have passed from the initial payment: Our Service is complete and the payment is sent to the Contractor after fees are taken. Any partial (or otherwise) refund is under the Contractor's refund policy.
Violations:
If you abandon Contractor's Work: After 48 hours from the payment, everything falls under the Contractor's policies except for our service fee.
Restricted activity after making a payment: The following activities are likely a breach of multiple agreements from Relevant Third Parties and us (including our Terms of Service and Agreement and Additional Policies):
1. If you attempt to create a PayPal dispute;
2. If you attempt to create a chargeback (credit card or otherwise);
3. If you double-dip by pulling funds before a payment is accepted;
4. If you cancel a credit or debit card;
5. If you access our Website after being prohibited from doing so;
6. If you receive any unauthorized help from a Company employee;
7. If you manipulate our system to make a profit;
8. If you re-use or use a receipt (or receipt number) for any fraudulent purpose;
9. Or if you engage or create in any other restricted activity.
Any attempts at these restrictions due to buyer's remorse after making a payment is a breach of our Agreement and has legal consequences. Please review our Terms of Service and Agreement and Additional Policies for additional details. We reserve the right to immediately refuse any refund if we detect abuse of our system.
Delays:
Relevant Third Party service delays: Relevant Third Party services are used as part of our regular business. As a result, some unusual situations (such as PayPal disputes) could create a refund disruption of 180 days or more, or even prevent a refund from happening. Our goal is to process your business as quickly and fairly as possible.
Special Situations:
Acts of God: If you couldn't send us a refund request because something catastrophic happened before the 48-Hour Rejection Window ends, please let us know. We will discuss the details.
Contests and events: Contests and events may have a modified refund policy. Pay close attention to any changes and fine print in such a modified refund policy. The modified refund policy (and any fine print or modified timelines) controls.
Contractor abandons Contractor's Work: If the Contractor abandons Contractor's Work without reason or contact, please send us an email immediately at [email protected]. We may discuss the issue with the Contractor, depending on the situation.
Fraud: If you believe your identity has been stolen, contact us immediately at [email protected].
Special promotions: Special promotions and deals may be accompanied by a modified refund policy. Pay close attention to any changes and fine print in such a modified refund policy. The modified refund policy (and any fine print or modified timelines) controls.
Refund Policies of Contractors:
Contractors may have their own refund policies. Any issues, negotiations, responsibilities, refund policies, scheduling, rescheduling, medium, alterations, or other additional changes belong to the Contractor's business policies.
The Contractors may send you an email to discuss details, negotiate, alter plans, and give you their policies. It's important to communicate with the Contractors by email to get their policies and plan ahead.
Cookies:
Cookies are files that you download to your computer or mobile device through your browser. These files are stored on your computer and contain text that allows our Website to recognize limited information such as our Website activity.
How We Use Our Cookies:
We use cookies to know limited information about our Website traffic such as how often our Website is viewed, which pages on our Website are viewed, enhancing security, and enabling the payment option for Services.
We do not use cookies that store personal information that could identify you.
How We Use Cookies:
We use cookies to know limited information about our Website traffic such as how often our Website is viewed, which pages on our Website are viewed, how to improve Services, and how to improve marketing services.
We do not use cookies that store personal information that could identify you.
How to Modify Your Cookie Settings:
Your browser may allow the option to reject, allow, or eliminate cookies. See information and directions specific to your browser for details. Keep in mind that rejecting cookies may prevent certain Website features and access (such as enabling payment for Services).
D.M.C.A. Policy and Repeat Infringement Policy:
D.M.C.A. Takedown Notice:
You must be the owner (or an authorized agent) of the copyright in question in order to make a report of possible content infringement. This notice only involves copyrights, not trademarks or other types of intellectual property. If you are unsure whether this possible infringement of your content involves a copyright, contact a lawyer immediately for advice.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed including where this content is found (such as a web page and which copyrights are infringed). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that this alleged material infringement is not authorized or permitted by the owner, agents of the owner, or United States law and therefore has no legal basis for being used.” Include any information and details necessary that would need to be enacted by the alleged infringer to remedy the infringement if the entire content of such an individual or entity is not infringing. Be extremely precise, accurate, and clear in these statements.
5. Include a legal statement expressing that you own the original copyright or you are acting on behalf of the owner as an authorized agent of the original copyright.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include your electronic signature or, if applicable, a physical signature.
8. Include a statement that you have read our entire “Reporting Violations of Intellectual Property and D.M.C.A. Compliance” section as well as our Terms of Service and Agreement and Additional Policies; although we accept a D.M.C.A. takedown notice without this eighth item, we will ask you to read all of the aforementioned section, Terms of Service and Agreement, and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes. We will issue a notice if any intellectual property has been removed based on the alleged intellectual property infringement.
If you give us incomplete or untruthful information as well as comply with this section, your D.M.C.A. notice or takedown notice shall be invalid and void.
D.M.C.A. Counter Notice:
You must be the individual or entity that posted or presented (or otherwise used) the intellectual property in question and also received the initial relevant D.M.C.A. takedown notice in order to make a D.M.C.A. counter notice. This notice only involves copyrights, not trademarks or other types of intellectual property. If you are unsure whether this possible infringement or error of content involves a copyright, contact a lawyer immediately for advice. You may be liable for costs, attorney's fees, damages, and other damages not specified incurred by us, Contractors, or Clients if you falsely claim that content or actions are infringing.
If you believe that you need to send a D.M.C.A. counter notice, we recommend that you work with a lawyer; lawsuits may result from a D.M.C.A. counter notice or even a D.M.C.A. takedown notice. Do NOT repost any content that was removed as a response to having your content removed from our Website; such actions are highly offensive, restricted, and may result in legal action.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed or mistakenly assumed to be infringed, including where this content is found (such as a web page and which copyrights are infringed). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that the D.M.C.A. takedown notice was sent in error or was a mistake and that the material in question was disabled or removed due to a misidentification or mistake.”
5. Include a legal statement expressing that you are the individual, authorized agent, or entity that posted or presented (or otherwise used) the intellectual property in question and also received the initial relevant D.M.C.A. takedown notice.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include a legal statement expressing that “I wholly consent to the jurisdiction of the Federal District Court of my address, and I accept the service of process from the individual or entity that provided the D.M.C.A. takedown notice.” If you live outside the United States, state that you wholly consent to the Agreement jurisdiction of North Dakota in the United States to prevail.
8. Include your electronic signature or, if applicable, a physical signature.
9. Include a statement that you have read our entire “Reporting Violations of Intellectual Property and D.M.C.A. Compliance” section as well as our Terms of Service and Agreement and Additional Policies; although we accept a D.M.C.A. takedown notice without this eighth item, we will ask you to read all of the aforementioned section, Terms of Service and Agreement, and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes.
If you give us incomplete or untruthful information as well as comply with this section, your D.M.C.A. counter notice shall be invalid and void.
Repeat Infringement Policy as well as Consequences of Infringement:
If you shall know that you cause or perpetuate such intellectual property infringement, especially with regard to copyrights, you are entirely responsible and liable for any incurred penalties of law (civil and/or criminal) and perjury, including any damages, costs, payments, and attorney's fees by everyone including us, Contractors, Clients, Relevant Third Parties, anyone that owned the original intellectual property, and Third Parties. We may limit (to any degree), alter, or terminate your access or use of any aspect of our Company Property at any time for any confirmed intellectual infringement or Rights Infringement, especially for repeat offenses.
General Statements:
D.M.C.A. takedown notices that are properly completed and sent to the agent listed above will be processed and the infringing content shall be removed in a timely manner.
Alterations to the D.M.C.A. takedown notice must be reviewed and altered (including any formal retractions) by the copyright owner and sent to us as a new D.M.C.A. takedown notice with the previous notice being retracted. Any lack of communication or silence will be interpreted as a retraction after 14 days have passed. A new D.M.C.A. takedown notice will initiate the process from the beginning again.
Both D.M.C.A. takedown notices and D.M.C.A. counter notices will be posted on our Website with personal information omitted for business transparency.
If the copyright owner of the relevant intellectual property desires to keep such content blocked or removed after a D.M.C.A. counter notice has been issued, legal action (such as a lawsuit) that seeks a court order to restrain the opposing individual or entity must be sought. We will restore the content in question or re-enable such content to be posted once again after 10-14 days if we do not receive a copy of a valid legal complaint that is filed in a competent court jurisdiction.
Intellectual Property Infringement Policy:
Intellectual Property Takedown Notice:
You must be the owner (or an authorized agent) of the intellectual property in question in order to make a report of possible content infringement. This notice only involves trademarks, service marks, patents, or other intellectual property with the exception of copyrights. If you are unsure whether this possible infringement of your content involves a trademark, service mark, patent, or other intellectual property, contact a lawyer immediately for advice.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed including where this content is found (such as a web page and which trademarks, service marks, patents, or other intellectual properties are infringed). Be sure to include any relevant serial or reference numbers (such as a patent number). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that this alleged material infringement is not authorized or permitted by the owner, agents of the owner, or United States law and therefore has no legal basis for being used.” Include any information and details necessary that would need to be enacted by the alleged infringer to remedy the infringement if the entire content of such an individual or entity is not infringing. Be extremely precise, accurate, and clear in these statements.
5. Include a legal statement expressing that you own the original intellectual property or you are acting on behalf of the owner as an authorized agent of the original intellectual property.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include your electronic signature or, if applicable, a physical signature.
8. Include a statement that you have read our entire Terms of Service and Agreement and Additional Policies; although we accept an intellectual property takedown notice without this eighth item, we will ask you to read all of the Terms of Service and Agreement and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes. We will issue a notice if any intellectual property has been removed based on the alleged intellectual property infringement.
If you give us incomplete or untruthful information as well as comply with this section, your intellectual property takedown notice or intellectual property counter notice shall be invalid and void.
Intellectual Property Counter Notice:
You must be the owner (or an authorized agent) of the intellectual property in question in order to make a report of possible content infringement. This notice only involves trademarks, service marks, patents, or other intellectual property with the exception of copyrights. If you are unsure whether this possible infringement of your content involves a trademark, service mark, patent, or other intellectual property, contact a lawyer immediately for advice. You may be liable for costs, attorney's fees, damages, and other damages not specified incurred by us, Contractors, or Clients if you falsely claim that content or actions are infringing.
If you believe that you need to send an intellectual property counter notice, we recommend that you work with a lawyer; lawsuits may result from an intellectual property counter notice or even an intellectual property takedown notice. Do NOT repost any content that was removed as a response to having your content removed from our Website; such actions are highly offensive, restricted, and may result in legal action.
Notify this agent: Brett Woodmansee, at [email protected] with the following information:
1. Your full name, address, email address, telephone number, and other contact information.
2. All details of the content allegedly infringed including where this content is found (such as a web page and which trademarks, service marks, patents, or other intellectual properties are infringed). Be sure to include any relevant serial or reference numbers (such as a patent number). Merely sending us a link to the information is NOT ENOUGH INFORMATION for us to precisely locate infringement.
3. Contact information of the infringing party (if known).
4. Include a legal statement expressing that you “believe, in good faith, that the intellectual property takedown notice was sent in error or was a mistake, and that the material in question was disabled or removed due to a misidentification or mistake.”
5. Include a legal statement expressing that you are the individual, authorized agent, or entity that posted or presented (or otherwise used) the intellectual property in question and also received the initial relevant intellectual property takedown notice.
6. Include a legal statement expressing that you are “telling the truth under penalty of perjury in civil and/or criminal law and that this notice is accurate.”
7. Include a legal statement expressing that “I wholly consent to the jurisdiction of the Federal District Court of my address, and I accept the service of process from the individual or entity that provided the intellectual property takedown notice.” If you live outside the United States, state that you wholly consent to the Agreement jurisdiction of North Dakota in the United States to prevail.
8. Include your electronic signature or, if applicable, a physical signature.
9. Include a statement that you have read our entire Terms of Service and Agreement and Additional Policies; although we accept an intellectual property counter notice without this eighth item, we will ask you to read all of the Terms of Service and Agreement and Additional Policies.
Never send us attachments. Email attachments are a security risk that we do not accept.
You agree that we have the right to remove any intellectual property (any content whatsoever) without penalty or liability to us, regardless if the outcome of such disputes are unsettled or the actual owner of the aforementioned intellectual property is in question or doubt. We may ask you for additional information for verification or other purposes.
If you give us incomplete or untruthful information as well as comply with this section, your intellectual property takedown notice or intellectual property counter notice shall be invalid and void.
Repeat Infringement Policy as Well as Consequences of Infringement:
If you shall know that you cause or perpetuate such intellectual property infringement, you are entirely responsible and liable for any incurred penalties of law (civil and/or criminal) and perjury, including any damages, costs, payments, and attorney's fees by everyone including us, Contractors, Clients, Relevant Third Parties, anyone that owned the original intellectual property, and Third Parties. We may limit (to any degree), alter, or terminate your access or use of any aspect of our Company Property at any time for any confirmed intellectual infringement or Rights Infringement, especially for repeat offenses.
General Statements:
Intellectual property takedown notices that are properly completed and sent to the agent listed above will be processed and the infringing content shall be removed in a timely manner.
Alterations to the intellectual property takedown notice must be reviewed and altered (including any formal retractions) by the intellectual property owner and sent to us as a new intellectual property takedown notice with the previous notice being retracted. Any lack of communication or silence will be interpreted as a retraction after 14 days have passed. A new intellectual property takedown notice will initiate the process from the beginning again.
Both intellectual property takedown notices and intellectual property counter notices will be posted on our Website with personal information omitted for business transparency.
If the owner of the relevant intellectual property desires to keep such content blocked or removed after an intellectual property counter notice has been issued, legal action (such as a lawsuit) that seeks a court order to restrain the opposing individual or entity must be sought. We will restore the content in question or re-enable such content to be posted once again after 10-14 days if we do not receive a copy of a valid legal complaint that is filed in a competent court jurisdiction.
This policy includes any confusing brand or trademark usage as well as confusing associations with brands or trademarks. Omnilessons prohibits any sale of physical goods or products on the Website.
If you shall know that you cause or perpetuate intellectual property infringement of any kind, you are entirely responsible and liable for any incurred penalties of law (civil and/or criminal) and perjury, including any damages, costs, payments, and attorney's fees by everyone including us, Contractors, Clients, Relevant Third Parties, anyone that owned the original intellectual property, and Third Parties. We may limit (to any degree), alter, or terminate your access or use of any aspect of our Company Property at any time for any confirmed intellectual infringement or Rights Infringement, especially for repeat offenses.
Please refer to our other policies for additional specific information.