Last Updated: 3 months ago
Last Updated: January 01, 2023 IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS`
Laytask, LLC. reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Laytask, LLC. will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
"Platform" means all Laytask, LLC. websites, mobile or other applications, software, processes and any other services provided by or through Laytask, "Member" means a person who completes Laytask, LLC.' account registration process or a person who submits or receives a request through Laytask, LLC., including but not limited to Provider Members and Customer Members. "Customer Member" means a Member who is registered to receive quotes for Provider Services, requests quotes for Provider Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Proiver Services. "Provider Member" means a Member who is registered to send quotes for Provider Services, sends quotes for Provider Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Provider Services. "Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Provider Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform. "Laytask, LLC. Content" means all Content Laytask, LLC. makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content. "User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, videos, profile information, descriptions, postings, and reviews. "Collective Content" means User Content and Laytask, LLC. Content together. "Provider Services" means the services listed, quoted, scheduled, offered or provided by Provider Members, or sought, scheduled or received by Customer Members, through the Platform.
ELIGIBILITY; Provider Member REPRESENTATIONS AND WARRANTIES
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible. By registering or using the Platform to offer, post or provide Provider Services, Provider Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Provider Services and in relation to the specific job they are performing. Provider Members understand and agree that sending a quote does not guarantee the quote will be read and using the Platform does not guarantee they will be hired for work. Provider Members understand and agree that we may, in our sole discretion manage and represent your business in Google places.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and login credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Laytask, LLC. password and, if applicable, you’re Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Laytask, LLC. immediately of any unauthorized use. Laytask, LLC. is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Laytask, LLC. or others due to such unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these, Terms, Laytask, LLC. grants you a limited, non-exclusive, revocable, nontransferable, and non-sub licensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Laytask, LLC. or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Laytask, LLC. a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Provider Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Laytask, LLC. in public advertising. In the interest of clarity, the license granted to Laytask, LLC. shall survive termination of the Platform or your Account. With the exception of Feedback, Laytask, LLC. does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Laytask, LLC. the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Laytask, LLC.' use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Laytask, LLC.' may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms. Laytask, LLC. reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
· Use another person's Account, misrepresent yourself or Provider Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
· Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Laytask, LLC.' prior written approval;
· In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
· Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Laytask, LLC. reserves the right to revoke these exceptions either generally or in specific cases;
· Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Laytask, LLC. or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
· Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
· Recruit, solicit, or contact in any form Provider Members or Customer Members for employment or any other use not specifically intended by the Platform;
· Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
· Advertise or solicit a Provider Service not related to or appropriate for the Platform including, but not limited to any Provider Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Laytask, LLC.; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
· Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Laytask, LLC. mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Laytask, LLC., (b) offers to purchase a Provider Service or any other service outside of Laytask, LLC., or (c) using a profile page or user name to promote services not offered on or through the Platform;
· Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
· Fail to perform Provider Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Provider Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
· Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by Laytask, LLC.;
· Sign up for, negotiate a price for, use, or otherwise solicit a Provider Service with no intention of following through with your use of or payment for the Provider Service;
· Agree to purchase a Provider Service when you do not meet a Provider Member's requirements;
· Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
· Attempt to indirectly undertake any of the foregoing.
· If you are an employee, these terms apply to your entire company, outside contractors, and everyone else you work with without limiation.
· By agreeing to our terms, you agree anthing you see including by not limited to designs, images, text, code -- (either posted by us or a user) cant and will not be used against us in any way shape for form for litagation or any other purposes.
· If you are, or work for a competitor of ours you must leave the site immediately, and may NOT create an account. Failure to listen to this provision forfiets all your rights on any claims you may have.
· By submitting a lead or creating a pro account, you agree to all the terms above for you and the company you work for regardless of geographic locations of both entities.
LAYTASK FEES AND TAXES
In connection with use of Laytask, LLC.' Platform, Laytask, LLC. charges certain Fees ("Laytask, LLC. Fees" or "Fees"). Current Fees related to the quoting process will be shown when purchasing credits ("Laytask, LLC. Credits"). Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. Laytask, LLC. may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the policy or support center. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Laytask, LLC. cannot charge a credit card, PayPal or other payment method for any reason, Laytask, LLC. reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Laytask, LLC. or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Laytask, LLC. may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Provider Members or Customer Members. All sales on Laytask, LLC. are final and non-refundable.
Your purchase or receipt of Laytask, LLC. Credits represents the purchase or receipt of credits that can be used by you to send quotes via the Platform to Customer Members. Each category requires a specific number of Laytask, LLC. Credits to quote. Laytask, LLC. Credits have no monetary/cash value and your purchase or receipt of Laytask, LLC. Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of Laytask, LLC. Credits are final and non-refundable. Information and current pricing Error! Hyperlink reference not valid..
DISPUTES BETWEEN OR AMONG USERS
Laytask, LLC. values our Providers and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you agree, at Laytask, LLC.' request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by Laytask, LLC. or a neutral third party mediator or arbitrator selected by Laytask, Notwithstanding the foregoing, you acknowledge and agree that Laytask, LLC. is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
Laytask, LLC. Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Laytask, LLC. and its licensors exclusively own all right, title, and interest in and to the Platform and Laytask, LLC. Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Laytask, LLC. used herein are trademarks or registered trademarks of Laytask, Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Laytask, LLC. are the sole and exclusive property of Laytask, You hereby irrevocably assign to Laytask, LLC. and agree to irrevocably assign to Laytask, LLC. all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Laytask, LLC. shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Laytask, LLC., you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Error! Hyperlink reference not valid. for more information.
Laytask, LLC. does not endorse any Member, user or any Provider Services, and Laytask, LLC. is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Laytask, LLC. nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Laytask, LLC. may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Laytask, LLC. services they are using or any involvement by Laytask, LLC. personnel in providing or scheduling those services. Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Laytask, LLC. and is not verification of their identity and whether they or their Provider Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Laytask, LLC. is not responsible for any damage or harm resulting from your interactions with other users. The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Laytask, LLC. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Laytask, LLC. with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Laytask, LLC. may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Laytask, LLC., including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Laytask, LLC. Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Laytask, LLC. support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Provider Services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Delete Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
ARBITRATION AND CLASS ACTION WAIVER
The Terms and the relationship between you and Laytask, LLC. shall be governed in all respects by the laws of the State of PA, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Laytask, LLC. that is not subject to arbitration must be resolved by a court located in PA, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Travis County, PA for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, Provider SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT Laytask, LLC. DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO Provider MemberS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Laytask, LLC. AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE Provider SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. Laytask, LLC. MAKES NO WARRANTY THAT THE PLATFORM OR Provider SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Laytask, LLC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. Laytask, LLC. SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Laytask, LLC. OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, Provider MemberS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT Laytask, LLC. DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY Provider SERVICES. Laytask, LLC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE Provider SERVICES. Laytask, LLC. EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING Provider SERVICES OR REQUESTING OR RECEIVING Provider SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Laytask, LLC. OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER Laytask, LLC. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Laytask, LLC. HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, Provider SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING Provider SERVICES OR REQUESTING OR RECEIVING Provider SERVICES THROUGH THE PLATFORM. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF Laytask, LLC. AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, Provider SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY Provider SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO Laytask, LLC. BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Laytask, LLC. and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Provider Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Provider Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: 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. If you are not a California resident, you waive your rights under any statute similar to Section 1542 that governs your rights in the jurisdiction of your residence.
A. Acceptance of Terms
1. MEMBERSHIP ELIGIBILITY CRITERIA
2. ACCOUNT POLICIES
You acknowledge and agree that you shall comply with the following policies regarding your account (the "Account Policies"):
· You will provide truthful, accurate and complete information when creating your Account, and you will maintain the accuracy of such information.
· You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without Laytask, LLC.' prior written approval.
· You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
· You shall not in any way transmit more request messages to the Laytask, LLC. servers, or any server of a Laytask, LLC. subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Laytask, LLC. reserves the right to revoke these exceptions either generally or in specific cases.
· You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Laytask, LLC. without express written permission from Laytask, LLC..
· You shall not take any action that (i) unreasonably encumbers or, in Laytask, LLC.' sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Laytask, LLC.' measures that are used to prevent or restrict access to the Platform.
· You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should Laytask, LLC. find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Laytask, LLC. reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
Tip: You can use Laytask, LLC. as long as you comply with its policies and are at least 18 years of age. You are responsible for your actions when using Laytask, LLC..
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Platform, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
· contains falsehoods or misrepresentations that could damage Laytask, LLC. or any third party;
· is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate;
· is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Laytask, LLC. all of the license rights granted herein;
· contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacturer installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
· is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
· intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited to spamming; impersonates, uses the identity of, or attempts to impersonate a Laytask, LLC. employee, agent, manager, host, another user, or any other person through any means;
· advertises or solicits a business not related to or appropriate for the Platform (as determined by Laytask, LLC. in its sole discretion) including, but not limited to, a business not in our supported categories of Home, Events, Laytask, LLC., Wellness and More, a business providing only products (e.g. cell phones, furniture, etc.), a third-party service such as a directory or referral service, a lending service, a business offering rental space, a business promoting attendance at an event (e.g. a New Year?s Eve party or professional convention), or a business based outside of the United States;
· contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
· contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
· distributes or contains viruses or any other technologies that may harm Laytask, LLC., or the interests or property of Laytask, LLC. users;
· is non-local or irrelevant content; or
· for content in Offers specifically, contains any content that overtly damages the Service User experience, including but not limited to requests to download non-Laytask, LLC. mobile applications and/or links that direct the user to "mirrored" websites where the user must enter information that is redundant with what has already been entered on Laytask, LLC..
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
· offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
· unsolicited advertising or marketing of a service not offered on the Platform or an external website.
3. NO DISCRIMINATION