We reserve the right at any time, with or without cause, to:
- change the terms and conditions of this Agreement;
- change the our website or Platform, including eliminating or discontinuing any content, services or other feature of our platform; or
- deny or terminate your use of and/or access to the Platform.
Any changes we make will be effective immediately upon our making such changes available on our website or otherwise providing notice thereof. You agree that your continued use of the Platform after such changes constitutes your acceptance of such changes.
1. THE PLATFORM
LinktoPin serves as a platform to connect those seeking to hire someone for a task (such as installing a door, painting a house, etc.) (“Customers”) to certain businesses, professionals, or individuals (“Taskers”) who are willing to provide the such services (“Service”). The Platform facilitate this process. Taskers provide services directly and assume responsibility for all aspects of the Service except as specified hereunder. We do not exercise any control over Taskers or the services they provide. While we do screen our Taskers, we make no representation as to the quality, legality, reliability, accuracy, or suitability of any services provided by Taskers. Similarly, we do not make any representations or warranties with regards to the Customers with whom Taskers are connected to through this Site.YOU ACKNOWLEDGE THAT LinktoPin DOES NOT PROVIDE ANY SERVICES, NOR DOES IT HAVE ANY RELATIONSHIP WITH THE TASKERS. We are merely a referral service. In order to use certain features of our Platform, you may be required to register and provide certain information When registering for or using the Service, you promise to provide us with accurate, complete, and updated information. You may not select as your LinktoPin User ID a name that you don't have the right to use, or another person's or entity's name with the intent to impersonate that person or entity. You may not transfer your account to anyone else without our prior written permission. You must protect the security of your account and password and will not share your account or password with anyone. Taskers are not employees of LinktoPin. Each Tasker is responsible for its compliance with applicable federal, state and local employment and wage laws.
Company may offer to confirm an appointment with a Tasker within a specific amount of time and/or schedule a Job for a particular date and time. In such cases, Company will make reasonable efforts to contact an appropriate Tasker within that time frame and obtain confirmation of a suitable appointment. However, Company cannot guarantee, and ability to confirm appointments depends upon, Tasker availability and in some cases the service location. Company also reserves the right to cancel a scheduled Job based on Tasker availability.
2. YOUR USE OF THE PLATFORM
You will only use the Platform for your own use and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Platform is prohibited by applicable laws, then you aren't authorized to use the Platform. We are not responsible for your using the Platform in a way that breaks the law. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Platform or interact with the Platform in a manner that:
- (a) Commercializes or leverages LinktoPin Platform as a separate business other than a business providing repair and similar services directly to Customers, and without the use of independent contractors;
- (b) Infringes or violates the intellectual property rights or any other rights of anyone else (including LinktoPin);
- (c) Violates any law or regulation;
- (d) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- (e) Jeopardizes the security of your LinktoPin account or anyone else's (such as allowing someone else to log on as you on the Platform);
- (f) Attempts, in any manner, to obtain the password, account, or other security information from any other user;
- (g) Violates the security of any computer network, or cracks any passwords or security encryption codes;
- (h) Runs Maillist, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged into the Platform, or that otherwise interfere with the proper working of the Platform (including by placing an unreasonable load on the Platform' infrastructure);
- (i) “Crawls,” “scrapes,” or “spiders” any page, data or portion of or relating to the Platform or Content (through use of manual or automated means);
- (j) Copies or stores any significant portion of the Content;
- (k) Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Platform.
A violation of any of the foregoing is grounds for termination of your right to use or access the Platform.
3. YOUR RIGHTS AND THE RIGHTS OF OTHERS
The materials displayed or performed or available on or through the Platform, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions (content or information uploaded, inputted, or otherwise made accessible to the Company by the Customer, Tasker, or a visitor of the Platform), and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. Similar content of Taskers or Customers may also be so protected. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Platform, and you promise you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including LinktoPin 's) rights. You also agree to afford the same treatment to protected content of Taskers or Customers accessed through, or in connection with, your use of the Platform. You understand that LinktoPin owns the Platform. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), creative derivative works based on, or otherwise exploit any of the Platform. You further understand that, to the extent permissible by law, you hereby grant LinktoPin a worldwide, royalty free, fully paid up, perpetual, irrevocable, fully sublicensable license to use, reproduce, display, perform, adapt, translate, modify, distribute, make derivative works of and otherwise exploit such information or Content.
CLAIMS OF COPYRIGHT OR TRADEMARK INFRINGEMENT.
LinktoPin respects others' intellectual property rights, and in accordance with the Digital Millennium Copyright Act (the
“DMCA”), we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts
of repeat alleged infringers. The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright
owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. Company also reviews
claims of trademark infringement. If you believe in good faith that materials hosted by Company infringe your copyright or
trademark rights, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The
notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work or trademark claimed to
have been infringed (or if multiple copyrighted works or trademarks located on the Website are covered by a single notification,
a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow Company to locate the material on the Website; (d) the name,
address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party
has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark
owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please be advised that Company will not respond to complaints that do not meet these requirements. If Company determines that the
materials alleged to infringe your copyright or trademark rights do not require removal, Company will remove those materials
only pursuant to a court order declaring the content or use of the materials unlawful. If you believe in good faith that a
notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Counter-notices must include the following information: (a) your name, address, and telephone number; (b) the source of the
content that was removed; (c) a statement under penalty of perjury that you have a good faith belief that the content was
removed in error; (d) a statement that you consent to the jurisdiction of Federal District Court for the judicial district
in which your address is located, or if your address is outside of the United States, for any judicial district in which Company
may be found, and that you will accept service of process from the person who provided the original complaint; and (e) a physical
or electronic signature (for example, typing your full name). Notices and counter-notices with respect to the Website must meet
the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details) and should be sent to
the agent identified below. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be
aware that there can be penalties for false claims under the DMCA. Agent to Receive Notices of Claimed Infringement:
1000 NW 57 CT, Suite 940, Miami, Florida 33126
4. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.
THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE.“ COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PLATFORM, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE. COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF TASKERS. WE MAKE NO GUARANTEE THAT THE TASKERS ARE LICENSED TO PERFORM ANY PARTICULAR TASK OR SERVICE, THAT THEY ARE PROPERLY TRAINED TO PERFORM SUCH TASK OR SERVICE, OR THAT THEY ARE COVERED BY ANY INSURANCE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
COMPANY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE PLATFORM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE PLATFORM OR YOUR INABILITY TO ACCESS OR USE THE PLATFORM; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY TASKER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE. IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED U.S. DOLLARS (US $500). COMPANY'S PLATFORM MAY BE USED BY YOU TO REQUEST REPAIRS FROM TASKERS, BUT YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY ACTIONS TAKEN OR NOT TAKEN BY TASKERS OR CUSTOMERS. . THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Platform or Services or goods obtained through your use of the Platform; (ii) your breach or violation of any of these Terms; (iii) Company's use of your Content or information; or (iv) your violation of the rights of any third party, including Third Party Service.
5. DISPUTE RESOLUTION
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Platform (collectively, "Disputes") will be settled by binding arbitration between you and Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
ARBITRATION RULES AND GOVERNING LAW.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
ARBITRATION LOCATION AND PROCEDURE.
Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. The party prevailing in arbitration will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law.
Notwithstanding the provisions of the modification-related provisions above, if Company changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing Company written notice of such rejection by mail or hand delivery to: LinktoPin, LLC [Address], or by email from the email address associated with your Account to[Email] , within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
6. OTHER PROVISIONS
CHOICE OF LAW.
These Terms are governed by and construed in accordance with the laws of the State of Flordia, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
Company may give notice by means of a general notice on the Platform, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Company, with such notice deemed given when received by Company, at any time by first class mail or pre-paid post to LinktoPin, LLC [Address].
You may not assign these Terms without Company's prior written approval. Company may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Company's equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Company or any Tasker as a result of this Agreement or use of the Platform. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Company's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Company in writing.