Last updated: March 31, 2018.
a. Platform Connects Providers and Clients. The Platform is a web-based communications platform which enables the connection between Clients and Providers. “Clients” are individuals and/or businesses seeking to obtain certain services from service professionals (“Providers”). Clients and Providers together are hereinafter referred to as “Users.”
we do not employ providers to perform services to clients. we do not supervise, direct or control a provider’s work in any manner, which you hereby acknowledge.
The Platform only enables connections between Users. We are not responsible for the performance of Users, nor do we have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs, Providers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. We make no representations about the suitability, reliability, timeliness, or accuracy of the Jobs requested and services provided by Users identified through the Platform whether in public, private, or offline interactions.
The Platform may host User Generated Content (as defined hereinafter) relating to reviews and ratings of specific Providers (“Feedback”). Such Feedback is such User’s opinion, not our opinion, and has not been verified or approved by us. As such, each Client should undertake their own research to be satisfied that a specific Provider is the right person for a Job. You agree that we are not liable for any Feedback or other User Generated Content. We encourage each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. We may investigate any remarks posted by Users for accuracy or reliability on our own or if requested by a User.
b. User Vetting. Users may be subject to a vetting process before they can register for and during their use of the Platform, including, but not limited to, a verification of identity, using third party services as appropriate. You hereby give consent to us to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.
Although we may perform background checks of Users as outlined above, we cannot confirm that each User is who they claim to be and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. neither we nor our affiliates or licensors is responsible for the conduct, whether online or offline, of any user of the platform and you hereby release us and our employees, officers, directors, managers, representatives, agents, and our and their affiliates and licensors (“released parties”) from any liability related thereto. the released parties will not be liable for any claim, injury or damage arising in connection with your use of the platform.
c. Payment. All payments for goods or services provided by Providers will be handled directly between Clients and Providers.
This Section applies to Clients.
a. Permission to Contact. If you are a Client, when you submit your personal information and a request for a quote on services from Providers (a “Quote”), you authorize us to share your name, contact information, and other information related to your request with Providers as provided herein. You authorize us and up to 4 Providers to contact you at any of the phone numbers, email addresses, or addresses you provided, including by phone call or text message, even if you are listed on any Do Not Call lists. You also authorize us to send you an automated prerecorded call confirming your service request, along with calls from Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either we or the Providers may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services.
b. Completion of a Job. If you hire a Provider to perform services (a “Job”), you will have the ability to indicate the hire on the Platform. At the completion of the Job, the Provider will mark the Job as completed on the Platform. You may be eligible to earn a reward, as indicated on the Platform, for each completed Job, pursuant to our Policies. Such rewards may require you to agree to the terms of one or more third party payment processors.
This Section applies to Providers.
b. Job.If a Client hires you for a Job and indicates such a hire on the Platform, you agree to update the Platform at the completion of the Job.
c. Compliance with Law. In performing your obligations under this Agreement, you agree to follow all applicable laws in all relevant jurisdictions. For clarity and not in limitation of the preceding sentence, you also agree to act in accordance with all laws relating to advertising in conjunction with your use of the Services and your receipt of any User’s contact information, including the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, and other relevant legislation and regulatory guidance
a. Release. The Platform is only a venue for connecting Users. Because we are not involved in any actual agreement between Users or in the completion of any services by the Provider, in the event that you have a dispute with one or more Users, you release us and our affiliates (and our and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
we expressly disclaim any liability that may arise between users of the platform
to the extent applicable, you hereby waive the protections of california civil code § 1542 (and any analogous law in any other applicable jurisdiction) which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
b. Public Areas; Acceptable Use. The Platform may contain profiles, email systems, blogs, message boards, applications, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the Platform, you may not share your personal contact information with other Users except as permitted by the Policies or unless the sharing of personal contact information is a feature introduced on the Platform.
Without limitation, while using the Platform, you may not:
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and we will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
c. Termination and Suspension. We may terminate or suspend your right to use the Platform if we believe that you have breached this Agreement (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.
If we terminate or suspend your right to use the Platform as a Client for a User Breach, you will not be entitled to any refund of any unused balance in your Account, and you are prohibited from registering and creating a new Account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your Account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Platform is terminated or suspended, this Agreement will remain enforceable against you.
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of the Platform at our sole discretion, including your right to use the Platform, for any reason in our sole discretion. Except for refundable fees you have advanced to us (if any), we are not liable to you for any modification or discontinuance of all or any portion of the Platform. Notwithstanding anything to contrary in this Section 3(c), we have the right to restrict anyone from completing registration as a Provider if we believe that such person may threaten the safety and integrity of the Platform, or if, in our sole discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Platform and by cancelling your Account (as hereinafter defined). All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
d. Account, Password, Security and Mobile Phone Use. You must register with us and create an account to use the Platform (your “Account”). You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login information provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or Account. We have no control over the use of any User’s Account and expressly disclaim any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you will contact us immediately.
By providing your mobile phone number and using the Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the Platform. We will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Platform.
e. Worker Classification and Withholdings. WE DO NOT PERFORM JOBS AND DO NOT EMPLOY PROVIDERS TO PERFORM JOBS. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of us. Each User acknowledges that we do not, in any way, supervise, direct, or control a Provider’s work or Jobs performed in any manner. We do not set a Provider’s work hours or location of work. We will not provide any equipment, labor or materials needed for a particular Job. We do not provide any supervision to Users.
The Platform is not an employment service and we are not an employer of any User. As such, we are not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users’ services.
You agree to indemnify, hold harmless and defend us, our employees, agents, managers, officers, directors, and affiliates (our “Affiliates”) from any and all claims that a Provider was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Provider was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that we were an employer or joint employer of a Provider, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits.
f. Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Platform is owned by us, excluding User Generated Content that we have the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. We own all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without our express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without our prior permission and, if applicable, the holder of the rights to the User Generated Content.
Our service marks and trademarks, including without limitation, our logos are service marks owned by us. Any other trademarks, service marks, logos and/or trade names appearing via the Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
g. Disclaimer of Warranties. use of the service is entirely at your own risk.
the platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. we make no warranties or representations about the accuracy or completeness of the content provided through the platform or the content of any sites linked to the platform and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the platform, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein. we do not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the platform or any hyperlinked website or featured in any banner or other advertising and we will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services, other than as provided herein. as with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
without limiting the foregoing, neither us nor our affiliates or licensors warrant that access to the platform will be uninterrupted or that the platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the platform, or as to the timeliness, accuracy, reliability, completeness or content of any job or service, information or materials provided through or in connection with the use of the platform.
neither us nor our affiliates or licensors is responsible for the conduct, whether online or offline, of any user
neither we nor our affiliates or licensors warrant that the platform is free from viruses, worms, trojan horses, or other harmful components.
we and our affiliates and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
in addition, notwithstanding any feature a client may use to expedite selection, each client is responsible for determining the job and selecting their provider and we do not warrant any goods or services purchased by a client and do not recommend any particular provider. we do not provide any warranties or guarantees regarding any provider’s professional accreditation, registration or license.
h. Limitation of Liability. you acknowledge and agree that we are only willing to provide the platform if you agree to certain limitations of our liability to you and third parties. therefore, you agree not to hold us, its affiliates, its licensors, its partners in promotions, sweepstakes or contests, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants liable for any damage, suits, claims, and/or controversies (collectively, “liabilities”) that have arisen or may arise, whether known or unknown, relating to your or any other party’s use of or inability to use the platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any user (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any user, any instruction, advice, act, or service provided by us or our affiliates or licensors and any destruction of your information. under no circumstances will we, our affiliates, our licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants be liable for any direct, indirect, incidental, consequential, special or exemplary damages arising in connection with your use of or inability to use the platform or the job services, even if advised of the possibility of the same. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. we do not accept any liability with respect to the quality or fitness of any work performed via the platform. if, notwithstanding the foregoing exclusions, it is determined that we or our partners in promotions, sweepstakes or contests, affiliates, our licensors, or any of such parties’ agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed $100.
a. Copyright Complaints and Copyright Agent. We respect the intellectual property of others, and expect Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property right, please send the following information to our Copyright Agent at Copyright@handsomeservice.com:
b. Your Information and Likeness. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Platform, including without limitation that is posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section 4(b), as provided by each User, is collectively referred to herein as “User Generated Content.”
You hereby represent and warrant to us that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for us or cause us to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Platform.
Each Provider hereby waives all rights and releases us from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Provider’s identity, likeness or voice in connection with the Platform.
c. Links to Other Websites. The Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by us of those sites or their content. They are provided as an information service, for reference and convenience only. We do not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the Platform to such websites (including without limitation external websites that are framed by the Platform as well as any advertisements displayed in connection therewith) does not mean that we endorse any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
d. Indemnification. You hereby agree to indemnify, defend, and hold harmless us and our Affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys’ fees and costs incurred, in connection with (i) your use or inability to use the Platform, (ii) any content submitted by you or using your account to the Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful, or (iii) a Job. We reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without our written consent.
e. Dispute Resolution.
informal negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim between you and us related to this Agreement (“Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to us. Our address for such notices is Legal@handsomeservice.com with the subject line reading: Legal.
binding arbitration. If you and we are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Platform (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. you understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, We will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and we may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
exceptions to alternative dispute resolution. Claims where mandatory arbitration is prohibited by a valid, non-preempted law, including claims under the Private Attorneys General Act of 2004, California Labor Code § 2698 et seq. (“PAGA”) to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis the state or federal courts located in New York, New York, with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
waiver of right to be a plaintiff or class member in a purported class action or representative proceeding. You and we agree that any arbitration will be limited to the Dispute between us and you individually. you acknowledge and agree that you and we are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further,unless both you and we otherwise agree, 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.
location of arbitration. Arbitration will take place in New York, New York. You and we agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the state or federal courts located in New York, New York have exclusive jurisdiction and you and we agree to submit to the personal jurisdiction of such courts.
right to opt out of arbitration and class action/jury trial waiver. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying us in writing within 30 days of the date you first registered for the Platform or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to us at Legal@handsomeservice.com that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
f. Governing Law. You and we agree that, other than as set forth under the paragraph entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 4(e) above, if any portion of Section 4(e) entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the Agreement will be given full force and effect. Notwithstanding the foregoing, if the paragraph entitled “Exceptions to Alternative Dispute Resolution” in Section 4(e) is found to be illegal or unenforceable, neither you nor we will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by the state or federal courts located in New York, New York, and you and we agree to submit to the personal jurisdiction of such courts.
Except as expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of the State of New York, without regard to choice of law principles.
Not with standing the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 4(e) entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act.
g. General Provisions. Our failure to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and us with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 4(g) shall be null and void. This Agreement will inure to the benefit of us, our successors and assigns.