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Terms
of Use
We Do Odd Jobs® welcomes you to our web site located at www.wedooddjobs.com
(We Do Odd Jobs® or the "Web Site"). The goal of the Web Site
is to provide access to our wide selection of odd
jobs of any type imaginable, ranging from manual labor to paper & technology
based tasks. To ensure a safe, pleasant environment for all of our
users, we have established these Terms of Use. In this way, you will know
what you can expect from us and what we expect from you.
Note: You must be 18 years or older to use, subscribe, or register as a
member of We Do Odd Jobs®
BY ACCESSING ANY AREAS OF THE WEB SITE YOU AGREE TO BE LEGALLY BOUND, AND
TO ABIDE BY, THESE TERMS OF USE.
Ownership and Trademarks
We Do Odd Jobs® and the Web Site are owned by We Do Odd Jobs
(the "Company"). We Do Odd Jobs® and the below listed trademarks
are owned by
We Do Odd Jobs. or one of its Affiliates. "Affiliates" are those
persons or entities directly or indirectly controlling, controlled by, or
under common control with the Company. All other 3rd party trademarks, product
names, and company names and logos appearing on this Web Site are the property
of their respective owners.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF We Do Odd Jobs IS AT YOUR SOLE RISK. NEITHER
THE COMPANY, NOR ITS AFFILIATES, NOR ANY OF ITS OFFICERS, DIRECTORS, OR
EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"),
MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS
("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"),
WARRANT THAT We Do Odd Jobs WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE
OF We Do Odd Jobs, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY
INFORMATION CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH We Do Odd
Jobs; EXCEPT THAT THE COMPANY DOES GUARANTEE THAT HIRERS WILL TAKE DOWN
OR REFRESH “JOBS AVAILABLE” NOTICES
THE SOONER OF THE JOB FULFILLMENT DATE OR 21 DAYS AFTER INITIAL POSTING;
ODD JOBS SEEKERS WITH ACTIVE PAID SUBSCRIPTIONS WILL RECEIVE ELECTRONIC
NOTIFICATION OF AVAILALE JOBS THAT FIT THEIR SELF-SELECTED CRITERIA NO LATER
THATN 24 HOURS AFTER POSTING, AND IF WE DO ODD JOBS IS AT FAULT FOR THE
SUBSCRIBER’S NOT RECEIVING THE QUALIFYING AVAILABLE JOBS LIST NOTIFICATION
FOR A DETERMINABLE NUMBER OF DAYS, THE COMPANY'S SOLE MAXIMUM LIABILITY
WILL BE NOT MORE THAN TO REFUND THE PURCHASE PRICE FOR THE “LOST”
DAYS, OR TO EXTEND THE SUBSCRIPTION TO COVER THE “LOST” DAYS
WITHOUT CHARGE. (A subscription period is 30 consecutive days,
starting on the paid sign-up day.)
We Do Odd Jobs IS PROVIDED ON AN "AS IS," "AS AVAILABLE"
BASIS AND THE COMPANY SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL ADVICE OR WRITTEN OR ELECTRONICALLY DELIVERED INFORMATION GIVEN
BY THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, PROVIDERS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE, SHALL CREATE
ANY WARRANTY.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DISTRIBUTING We Do Odd Jobs BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE
We Do Odd Jobs, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION
OBTAINED FROM We Do Odd Jobs OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION
OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING
FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED
ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. YOU HEREBY ACKNOWLEDGE
THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES
AVAILABLE THROUGH We Do Odd Jobs. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
CONTENT
Proprietary Rights
You acknowledge that We Do Odd Jobs contains information, data, software,
photographs, graphs, videos, typefaces, graphics, music, sounds, and other
material (collectively "Content") that are protected by copyrights,
trademarks, or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and the Company or its Affiliates or other third party licensors
may own a copyright in the selection, coordination, arrangement, and enhancement
of such Content. You may not modify, remove, delete, augment, add to, publish,
transmit, participate in the transfer or sale of, create derivative works
from, or in any way exploit any of the Content, in whole or in part. If
no specific restrictions are displayed, you may use the content only for
your personal non-commercial use and make copies of select portions of the
Content, provided that the copies are made only for your personal use and
that you maintain any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except
as provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may
not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission of
the owner of the copyright or other propriety right. In addition to the
foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
Third Party Content on the Web Site
The Company is a distributor and not a publisher of the Content supplied
by third parties on the Web Site. The Company does not have editorial control
over such Content. Any opinions, advice, statements, services, offers, or
other information that constitutes part of the Content expressed or made
available by third parties, including Providers, Merchants, Sponsors, Licensors,
or any user of the Web Site, are those of the respective authors or distributors
and not of the Company or its Affiliates or any of its officers, directors,
employees, or agents. NEITHER THE COMPANY NOR ITS AFFILIATES, NOR ANY OF
THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, NOR ANY THIRD
PARTY, INCLUDING ANY PROVIDER, MERCHANT, SPONSOR, LICENSOR, OR ANY OTHER
USER OF We Do Odd Jobs, GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY CONTENT, NOR ITS MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
In many instances, the Content available through the Web Site represents
the opinions and judgments of the respective Provider, Merchant, Sponsor,
Licensor, subscriber, customer, or user, whether or not under contract with
the Company. The Company neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, submission, posting, or statement
made on the Web Site by anyone other than authorized Company employees.
Under no circumstances shall the Company, or its Affiliates, or any of their
respective officers, directors, employees, or agents, be liable for any
loss or damage caused by your reliance on any Content or other information
obtained through the Web Site. It is your responsibility to evaluate the
information, opinion, advice, or other Content available through the Web
Site.
Copyright Agent
We Do Odd Jobs respects the rights of all copyright holders and in this
regard it has adopted and implemented a policy that provides for the termination
of user privileges and membership in appropriate circumstances of users
who infringe the rights of copyright holders. If you believe that your work
has been copied in a way that constitutes copyright infringement, please
provide We Do Odd Jobs Copyright Agent the following information required
by the Online Copyright Infringement Liability Limitation Act of the Digital
Millennium Copyright Act, 17 U.S.C. 512:
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 copyright work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
us to locate the material;
d. Information reasonably sufficient to permit us to contact 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
owner, its agent, or the law; and
f. A statement that the information in the notifications 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.
User Submissions
The Company does not claim ownership of any Content you submit or make
available for inclusion on the Web Site. However, with respect to all
such Content, including, without limitation, creative ideas, suggestions,
content, postings, artwork, material or other submissions whether via
email, feedback, a public forum or otherwise (collectively, "User
Submissions"), you grant the Company and its Affiliates the worldwide,
perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate,
reproduce, publish, display, perform, modify, alter, adapt, translate,
sublicense, distribute, create derivative works from and exploit such
User Submissions in any manner, including on the Web Site or any other
web sites, in television programs, on radio, in books, magazines, articles,
commentaries, and in any other medium now known or later developed without
your consent. You also warrant that you own or otherwise control all of
the rights to any User Submissions you submit or post on or to the Web
Site or otherwise transmit to the Company and that our public posting
and other public or private use of such User Submissions will not infringe
the rights of any third party. You acknowledge that you are not entitled
now, or in the future, to any compensation for any User Submissions you
may submit or post and you waive the benefits of any provisions of law
known as "droit moral" (moral rights) or any similar laws.
No User Submissions, regardless of how they may be marked, will be received
by us in confidence, nor shall they be subject to any express or implied
obligation of confidentially. Neither the Company, or its Affiliates,
nor their respective officers, directors, agents or employees shall be
liable for any use or disclosure of any
User Submissions.
You and your successors and assigns hereby waive any and all rights and
remedies you may have against the Company, or its Affiliates, or any of
their respective officers, directors, employees, or agents now or in the
future, and hereby release the Company, its Affiliates, and any of their
respective officers, directors, agents and employees from any and all
claims, demands, actions, causes of action, damages, obligations, losses
and expenses of whatever kind, (collectively "Claims") relating
to providing, posting, transmitting or making available through the Web
Site the User Submissions to the Company, or the Company receiving, evaluating,
and utilizing the User Submissions. You further agree to indemnify, defend
and hold harmless the Company, its Affiliates, and any of their respective
officers, directors, agents and employees from and against any and all
Claims, including, without limitation, Claims that any User Submissions
misappropriate or infringe upon the rights of any third party, and reasonable
attorneys' fees and expenses, which result or arise from, or are based
on, the receipt, evaluation or use of User Submissions by the Company,
its Affiliates or its third party
licensees.
In addition, the Company may, in our sole discretion, at any time and
without prior notice to you, suspend or terminate any public forum, any
other portion of the Web Site, or the subscription or registration of
any user who violates any of these terms and conditions of use, any of
the rules, regulations or guidelines or for any other behavior that we
in our sole discretion believe is inappropriate.
Use of Public Forums
A "public forum" means any publicly accessible message board,
chat room, discussion group, folder, survey, contest, sweepstakes, user
review and rate forum, or other interactive service or promotion on or
accessible via the Web Site , and includes both public boards and folders.
You must use, subscribe, or register in accordance with instructions that
you will find on the Web Site in order to participate or contribute to
any public forum. You may not submit or post on any public forum, or send
to any other public forum user or our employees, any material that is
unlawful, harmful, threatening, abusive, harassing, defamatory, invades
a person's privacy, violates any intellectual or other property rights,
or is vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable, including but not limited to any
material that encourages conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any applicable local,
state, national, or international law. You agree not to use any false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a communication or other Content, or attempt to do
any such acts. You may not use any public forum in a commercial manner.
You may not submit or post material that solicits funds, or that advertises
or solicits goods or services. You may not submit or post any User Submissions
or material that you know, or should have known, to be false. You may
not submit or post messages regarding stocks or other securities. You
may not submit, post, or transmit any information, software or other material
that contains a virus or other harmful component.
We Do Odd Jobs is not responsible for any User Submissions or material
appearing in any public forum on the Web Site, except for Content signed
by one of our identified authorized representatives. We do not screen
User Submissions for libel, obscenity, invasion of privacy, copyright
or trademark infringement, accuracy, or for any other reason. We retain,
however, the rights set forth below in The Company's Rights section.
Distribution/Uploading by Users of Third Party Content
Except as otherwise set forth in these Terms, you agree not to upload
to or otherwise distribute on the Web Site any Content created or owned
by others which is subject to any copyright or other proprietary rights
of any third party. The unauthorized submission or distribution of copyrighted
or other proprietary third party Content is illegal and could subject
you to criminal prosecution as well as personal liability for damages.
You, not the Company, or its Affiliates, or any of their respective officers,
directors, agents, employees, Merchants, Providers, Sponsors, Licensors,
or the like, will be liable for any damages resulting from any infringement
of copyrights or proprietary rights, or from any other harm arising from
such submission.
Compliance with Laws and Export Regulations
You agree to use the Content and this Web Site in compliance with all
applicable laws, rules and regulations and in a manner that does not,
in the sole judgment of the Company, negatively reflect on the goodwill
or reputation of the Company or any of its Affiliates.
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission
of information and software to foreign countries and to certain foreign
nationals. You agree to abide by these laws and their regulations, including
but not limited to the Export Administration Act and the Arms Export Control
Act, and not to transfer, by electronic transmission or otherwise, any
Content derived from the Web Site to either a foreign national or a foreign
destination in
violation of such laws.
The Company's Rights
The Company is not responsible for screening, policing, editing, or monitoring
Content (including User Submissions). The Company (or its Affiliates)
may elect, but is not obligated, to monitor, electronically or otherwise,
areas of the Web Site and may disclose any Content (including User Submissions),
records, or electronic communication of any kind and information you provide
to the Company or its Affiliates, through the Web Site or otherwise (i)
when we believe disclosure to be appropriate to comply with any law, regulation,
or government or law enforcement request or to comply with judicial process;
or (ii) if such disclosure is necessary or appropriate to operate the
Web Site; or (iii) to protect the rights or property of the Company, users
of the Web Site, Affiliates, subscribers, customers, recipients, Sponsors,
Providers, Licensors, or Merchants. Subject to the "Copyright Agent"
provisions above, if notified of allegedly infringing, defamatory, damaging,
illegal, or offensive Content, the Company may investigate the allegation
and determine in its sole discretion whether to remove or request the
removal of such Content from the Web Site.
The Company reserves the right to prohibit or remove conduct, communication,
or Content (including User Submissions) that it deems in its sole discretion
to be harmful to users of the Web Site, subscribers, customers, recipients,
Providers, Merchants, Sponsors, or Licensors, content or service providers,
the Company or its Affiliates, or any rights of the Company or any third
party, or to violate any applicable law. Notwithstanding the foregoing,
neither the Company, nor its Affiliates, Providers, Merchants, Sponsors,
or Licensors can ensure prompt editing or removal of questionable Content
after online posting. Accordingly, neither the Company, nor its Affiliates,
nor any of their respective officers, directors, employees, agents or
employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume
liability for any action or inaction with respect to conduct, communication,
or Content (including User Submissions) on the Web Site.
Online Conduct
Any conduct by you that in the Company's sole discretion restricts or
inhibits any other user from using or enjoying the Web Site will not be
permitted. You agree to use the Web Site in accordance with these Terms
of Use and only for lawful purposes.
You agree that you will not use the Web Site to send unsolicited advertising,
promotional material, or other forms of solicitation to other users, except
in specified areas, if any, that are specifically designated for such
a purpose. The provisions of these Terms of Use are for the benefit of
the Company, its Affiliates and the Web Site Providers, Merchants, Sponsors
and Licensors, and each shall have the right to assert and enforce such
provisions directly against the violator on its own behalf.
Privacy Policy
We recognize and respect the importance of maintaining the privacy of
our users, customers and subscribers and have established a privacy policy
as a result. In our Privacy Policy, which constitutes part of these Terms
of Use, we describe why we gather information from users, customers, and
subscribers, what information we collect, how we collect it, what we use
the information for and how you can instruct us if you prefer to limit
the use of information about you. We encourage you to carefully read our
Privacy Policy. To link to our Privacy
Indemnity
You agree to indemnify, defend and hold harmless the Company, its Affiliates
and any of their respective officers, directors, agent or employees, from
and against any and all liability, claims, costs and expenses (including
without limitation reasonable legal fees and expenses), brought by any
third party alleging, arising, related or resulting from your use (or
use by any third party using your account) of the Web Site in violation
or breach of the Terms of Use.
Termination of Usage
The Company may terminate your access, or suspend your access to all or
part of the Web Site, without notice, for any conduct that the Company,
in its sole discretion, believes is a violation or breach of these Terms
of Use, is in violation of any applicable law or is harmful to the interests
of another user, customer, recipient, subscriber, a third-party Provider,
Merchant, Sponsor, Licensor, content or service provider, the Company
or its Affiliates.
Applicable Laws
We Do Odd Jobs is controlled by the Company from its offices within the
United States of America. The Company makes no representation that this
Web Site or the Content is appropriate or available for use in other locations,
and access to them from territories where Content is illegal is prohibited.
Those who choose to access this site from other locations do so on their
own initiative and are responsible for compliance with applicable local
laws. Any claim relating to this Web Site, the services provided through
this Web Site or the Content shall be governed by the internal substantive
laws of the State of Texas without regard to its conflict of laws principals.
The exclusive venue and jurisdiction for all claims and disputes arising
under the Terms of Use or in connection with this Web Site shall be the
appropriate state or federal courts located in Bexar and Comal counties
in the State of Texas and you and we hereby submit to the exclusive jurisdiction
of these courts.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and the
Company regarding your relationship with the Company and use of the Web
Site and supersedes any prior statements or representations. YOU AGREE
TO BE BOUND BY THE TERMS OF USE by accessing any areas of the Web Site.
We reserve the right to change the Terms of Use at any time. If we make
any change to the Terms of Use, we will post those changes on this, or
any other appropriate page, and they will become effective upon the later
of
1) the date specified by the Company, if any, or 2) the posting. By accessing
the Web Site after changes are made to the Terms of Use and posted on
the Web Site, you agree to be legally bound and to abide by the amended
terms.
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