this is really going to put you to sleep."
Last updated: February 10, 2014
This Agreement contains all of the terms and conditions between On Demand Communication, LLC ("the Company") and you, the ("Service Pro, handyman, Provider, Worker, Employee, Employer, Homeowner and/or any other user") and governs the use of the service offered at the Company’s websites and through any of the Company’s mobile applications (collectively, the "Site").
2. THE COMPANY IS A VENUE. The Site is a communications platform for enabling the connection between businesses or persons ("Employers") seeking to hire construction employees and/or persons who provide construction services ("Service Pros, Handymen, or Providers"). The Company does not take part in the interaction between Employers and Providers. Users do hereby represent, understand and expressly agree that the Company does not have control over the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Providers, nor of the integrity, responsibility or any of the actions whatsoever of the Employers. The Company makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Providers or Employers through the Site whether in public, private or offline interactions. The Company does not assume any responsibility for the accuracy or reliability of any information provided by Providers or Employers on this Site. The Company does not assume and expressly disclaims any liability that may result from the use of this information. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or member of the Service. All users including both Employers and Providers do hereby expressly agree not to hold the Company, or the Company’s officers, directors, investors, subsidiaries, affiliates, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, or your employer, if you become a member through your employer, hereinafter referred to as "Affiliates") liable for any instruction, advice or services delivered which originated through the Site and the Company and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. THE COMPANY’S services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18) or to anyone who may not legally work within the jurisdiction of the United States. This Site is currently available only to United States citizens and/or any individuals who are legally in the jurisdiction of the United may legally work within its jurisdiction.
4. RELEASE. Employers may seek the services of a Provider through the use of the Site and Providers may submit profiles to Employers regarding their services. In the event that an Employer and a Provider agree on the provision of services such agreement is solely between the Employer and the Provider; the Company is not a party to any such agreement. Any issues concerning the services received by the Employer or payment due to the Provider must be resolved directly by the Employer and the Provider. The Company will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site, you do hereby represent, understand, and expressly agree to hold the Company harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. The Company will use its reasonable efforts to monitor Provider and Employer profiles, actions, comments, and general usage of the Site and suspend privileges to any Employer or Provider not adhering to the policies of the Site. You agree to take reasonable precautions in all interactions with other users of the Site, particularly if you decide to meet offline or in person. In addition, you agree to review any and all Company Safety Tips prior to using the Service. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to the Company immediately by notifying the Company of the same via electronic correspondence.
5. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
6. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. The Company is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site. You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other user of the Site.
You understand and agree that the Company may review and delete any Content, in each case in whole or in part, that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site. By posting Content to any public or member area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to the Company, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by the Company will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations. Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by the Company, are those of their respective authors. Such authors are solely responsible for such content. the Company does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will the Company or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
9. COPPA COMPLIANCE. Employers and Providers should monitor children's use of the Internet. The Site is intended for people 18 years of age or over. The Company will not knowingly collect any information from persons under the age of 18. You must identify your age during the profile set-up process. The Company takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. We do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
In order to protect the integrity of the Site and the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site. The Company reserves the right, in its sole discretion, to terminate your access to all or part of the Company Site, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your membership in the Company, for any reason or no reason, with or without notice. Following any termination of any member's use of the Site, the Company reserves the right to send a notice thereof to other members which whom you have corresponded.
11. PAYMENT AND REFUND POLICY. Employers and Providers are obligated to pay for certain services of the Site, unless specifically notified otherwise. Employers and Providers agree to pay the Company for all purchases at the prices then in effect for any use of the Site. In addition, Employers and Providers authorize the Company to charge their chosen payment provider for use of the Site. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The Company may offer limited-time free trial subscriptions to Employers or Providers from time-to-time. Employers or Providers who sign up for the Site on a free trial basis may have limited access to the features of the Site. If an Employer or Provider continues their subscription after the end of the free trial period, the Employer or Provider will be charged the price then in effect for any subscription to the Service. To avoid being charged for the service of the Site, an Employer or Provider with a free trial subscription must cancel their subscription prior to the end of the free trial period.
The subscriptions of Employers or Providers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact the Company Member Care or edit your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At the Company's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by the Company.
12. PAYMENT AND REFUND POLICY FOR COMPANY/AGENCY EMPLOYERS. The Company may provide certain types of company or agency Employers ("Company Recruiters") with the option to post jobs ("Recruiter Job Postings") on the Site for open employment positions. Individual Providers may choose to respond to Recruiter Job Postings by applying for the posted job. Company Job Postings must represent open positions for W-2 employees and must contain sufficient detail to clearly convey the nature and requirements of the job opportunity.
In exchange for posting one or more Recruiter Job Postings, Company Recruiters agree to pay the Company the applicable then-current fees for Company Job Postings, which are published on the Site and/or stated in a purchase order with the Company.
refunds or credits will be provided for Recruiter Job Posting cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At the Company's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by the Company.
13. PAYMENT AND REFUND POLICY FOR INDIVIDUAL PROVIDERS. The basic services of the Company are free for individual Providers (though some premium services are offered for a fee). Individual Providers have the option of upgrading into premium services. Individual Providers that enroll in this program are obligated to pay for the service of this program, unless specifically notified otherwise. The services include text and email alerts, rating and reviews, background and reference checks, a more prominent listing on the Site, and priority notification of new jobs. Providers that enroll in this program agree to pay the Company all charges at the prices then in effect for the premium services. In addition, Service Pros participating in premium services authorize the Company to charge their chosen payment provider for participation in the program. The Company reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. The subscriptions of Individual Providers that enroll in premium services will be automatically extended for successive renewal periods of the same duration as the original subscription term, at the then-current non-promotional subscription rate. To cancel your subscription in premium services, contact the Company Member Care or edit your account settings.
No refunds or credits will be provided to Providers for subscription or program cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Site. At the Company's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by the Company.
14. PAID LEAD REFERRAL PROGRAM FOR PROVIDERS. The Company may offer Providers the option of purchasing paid job matches ("Leads") from employer members of Sites belonging to the Company. The price per paid job match ("Lead Fee") will be the amount specified at the time of the job match, unless the Company has furnished the Provider with another form of notification. The Company is not responsible for any failure of the Provider to receive Leads. The Provider or Employer members may not engage in inappropriate, unnecessary or spammy message communication.
15. CREDIT PROCEDURE. At the Company's sole discretion, a Provider member’s account may be credited for a previously charged Lead Fee if the Lead is determined to be invalid. In order to be eligible to receive a credit, the Provider’s account with the Company must be current (i.e. no "past due" balances), and the Provider must request a credit within ten (10) calendar days of the date the Lead was purchased, using the Contact Us page email submission form. The Company reserves the right to contact the Employer who submitted the job posting and, if it determines that the Lead is invalid, will credit the Provider's account.
16. RATING AND REVIEW VERIFICATION SERVICE. The Company may utilize third-party verification services for its rating and review services offered through the Site. If you decide to use or access information provided by a rating or review offered through the Site, you do hereby represent, understand and expressly agree that the Company does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information provided by the third-party verification service. In addition, you understand that the Company may review the information provided in a rating or review and that the Company retains the right to delete any rating or review that it deems inappropriate, inaccurate or intentionally misleading.
17. CRIMINAL BACKGROUND CHECKS. The Company utilizes the services of a consumer reporting agency (CRA) to generate its criminal background checks. The consumer reporting agency is required by the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”) to maintain the confidentiality of all consumer information.
As a condition of membership in the Company’s Site, Provider members give their express permission to Employer members to order a criminal background check report only if requested in connection with a job posted by the Employer for which the Provider has applied.
The CRA obtains information on an individual Provider only upon the request of an Employer Member or a Provider Member on himself, who has a permissible purpose under the FCRA to request information on that Provider in order to provide consumer reports. The FCRA requires an Employer member who requests a report for employment purposes to certify to the Company and CRA that it has a permissible purpose for the report and has obtained the consent of the consumer to request information before the CRA can supply the requested information. Our customers agree to keep your information confidential and secure. The CRA does not maintain a database of consumer information.
The CRA does not send consumer information outside of the United States or its territories for any purpose other than to deliver a report to an end user. Of course, if information is sought from outside of the United States, the information is gathered in that country and then transmitted to us here in the United States where it is treated as any other consumer information.
Any information gathered on any Provider may only be furnished to the Employer when authorized by the Provider or permitted by the FCRA or similar state law to receive the information. The Company nor the CRA share, sell or distribute member information with or to any third party other than the requesting party thereof. Any Provider, upon proper identification, has the right under the FCRA to request the CRA to furnish to the Provider any and all information we may have on that consumer. The Provider has the right to dispute the accuracy or completeness of any information contained in the Provider’s file. However, the CRA may be required, upon receipt of a court order to release the information in civil litigation, or as otherwise required by law, to disclose information regarding a consumer to law enforcement agencies.
18. SMS TEXT MESSAGE ALERT SERVICE. The Company has an SMS text messaging alert service available to Employers and Providers. Employers and/or Providers who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give the Company express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you do hereby represent, understand and expressly agree that the Company does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from the Company.
19. DISCLAIMER OF WARRANTY – NO WARRANTY. THE COMPANY PROVIDES THE SERVICES ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
ADDITION AND WITHOUT LIMITING THE FOREGOING, the Company MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY MEMBER OF OUR SITE, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD PARTY BACKGROUND CHECK OR VERIFICATION SERVICE OFFERED ON OUR SITE.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. the Company DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN the Company. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
20. ASSUMPTION OF RISK. You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with Members of the site. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in the Company's Safety Tips, when interacting with others Members of the site.
21. LIMITATION OF LIABILITY. Incidental Damages and Aggregate Liability. In no event will the Company be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site, including without limitation damages related to any information received from the Site, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if the Company, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL THE COMPANY 'S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID THE COMPANY FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
NO LIABILITY FOR NON-COMPANY ACTIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM INTERACTIONS WITH OTHER MEMBERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
23. NOTICE AND TAKE-DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from the Site infringe on your copyright, you may request removal of those materials (or access thereto) from this Site by contacting the Company's copyright agent (identified below) and providing the following information: Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material. Your name, address, telephone number and (if available) e-mail address. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf. A signature or the electronic equivalent from the copyright holder or authorized representative. the Company's agent for copyright issues relating to this Site can be contacted at:
In an effort to protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
25. U.S. EXPORT CONTROLS. Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
26. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Delaware, New Castle County, for the resolution of any such dispute.
27. MISCELLANEOUS. INothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
28. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by the Company, or need to notify the Company as to any matters relating to the Site or Service please contact the Company at: