Terms of Service
TERMS OF SERVICE
Effective: February 18, 2016
This Terms of Service Agreement (“Agreement”) between you (“you” or “User”) and Band of Hands, Inc., its board, successors and assigns (“Band of Hands” or “we” or “us”) sets forth the terms under which you are allowed to use the BandofHands.com website and any web or mobile services or application (collectively, the “Sites”) and the job search and hiring services (the “Services”) offered through Band of Hands. If you do not agree with any of these terms, do not access or otherwise use the Sites and/or Services or any information contained on the Sites. Your use of the Sites will signify that you have read, understood, and accept, and agree to be bound by and to abide by each of the terms of the Sites. You agree that Band of Hands may modify the Services offered by the Sites at any time without notice, and may revise this Agreement at any time. We will notify you of any such revisions by posting an updated version of these terms on the Sites. If a revised version includes a material or substantial change, we will attempt to notify you of such changes with a reasonable period before the material or substantive changes become effective. However, it is ultimately your responsibility to stay apprised of all terms and conditions of the Sites and to periodically review the terms. If you do not agree to the new terms, please delete your Account (as defined in the Accounts section below) before the new effective date. Your continued use of the Sites or Services after the new effective date of a revised version of this Agreement constitutes your acceptance and agreement to be bound by the revised terms of service.
OVERVIEW. The Sites and Services are intended for use by individuals or businesses seeking freelance or temporary jobs (also referred to herein as a “Worker”), and for individuals or companies seeking candidates for freelance or temporary jobs (also referred to herein as a “Poster”). A Poster may create a job post through the Sites, including a description of the services sought, pay arrangements, and a timeline for completion of the services, which is instantly available for Workers to view and respond to.
SITES LICENSE. Subject to and conditioned on your compliance with this Agreement, and all other Sites’ Policies, Band of Hands grants you a limited license to access and to use the Sites for the purpose of receiving the Sites’ Services available and authorized from the Sites. Without limiting the generality of the foregoing, you acknowledge that Band of Hands expressly prohibits and you agree not to:
- Use the Sites or Services for any purpose other than to identify job and other work opportunities for yourself or to identify prospective applicants for job opportunities.
- Provide any false or misleading information about your identity or work or employment information provided by you to Band of Hands in relation to your use of or access to the Sites and/or Services;
- Log into an account with a password not assigned to you;
- Impersonate any other person or User of the Sites and/or Services;
- Access personally identifiable information not intended for you;
- Use any content of the Sites on any other website or in a networked computer environment for any purpose except your own viewing;
- Access or use the Sites or Sites Services for any reasons that are in competition with Band of Hands;
- Sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost, or otherwise use any content of the Sites in any way for any public or commercial purpose without prior written consent of Band of Hands or the rights holder;
- Frame or link to the Sites except as permitted in writing by Band of Hands;
- Attempt to reverse engineer or attempt to interfere with the operation of any part of the Sites unless expressly permitted by applicable law;
- Take any action that imposes or may impose an unreasonable or disproportionately large burden on the Sites’ infrastructure.
- Include any hyperlinks or any misleading, irrelevant and/or hidden keywords in any content posted by you.
- Intentionally expose the Sites and/or Service to any computer virus or any other program or code intended to disrupt or disable to operations of the Sites and/or Service;
- Use any robot, spider or other program or device to retrieve or index any portion of the Band of Hands Sites;
- Harvest or otherwise collect information about other users for any purpose other than use of the Sites and/or Services as expressly permitted herein.
- Use the Sites and/or the Services to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
- Post any content or information that is abusive, defamatory, discriminatory, hateful, obscene, vulgar, threatening, or otherwise objectionable.
- Harass, stalk, or otherwise subject any other user of the Sites and/or Services to unwanted and/or inappropriate contact.
- Post any position or business opportunity which requires payment from the applicant or requires recruitment of other individuals, sub-distributors or sub-agents such as a multilevel marketing scheme, pyramid scheme, franchise or distributorship arrangement.
- Send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes and/or advertise any products or services by directly posting within the Services or by making unsolicited contact with any user via email, telephone, postal mail, or any other method of communication.
- Make any changes, additions and/or deletions to any content posted by any user without the express written authorization of such other user.
This limited license terminates automatically, without notice to you, if you breach this Agreement or any other of the Sites’ policies, and Band of Hands may remove your postings from the Sites and/or the Services with or without cause. Upon any termination of this limited license, you agree to immediately destroy any electronic or printed materials and cease using the Sites and Services.
Band of Hands and our licensors retain all of their respective right, title, and interest in and to all patent rights, inventions, copyrights, knowhow, and trade secrets relating to the Sites. Band of Hands’ logos and name are trademarks of Band of Hands (See Trademarks & Copyrights section below for additional information). All other product names, company names, marks, logos, design marks and symbols on the Sites may be the trademarks of their respective owners. Except as expressly stated in this Agreement, nothing in this Agreement confers any license under any of Band of Hands’ or any third party’s intellectual property rights, whether by estoppel, implication, or otherwise.
ACCOUNTS. In order to access certain Services of the Sites, Band of Hands requires you to become a registered user by setting up an account with a user name and password (“Account”). By setting up an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. When creating your Account, do not provide any false personal information or create an account for another without such other’s permission. You agree to comply with the procedures set forth by Band of Hands regarding account registration (including your required current contact information and email address), password protection, and other requirements. You agree to assume sole responsibility for the security of passwords issued to you. You also agree to use your best efforts to prevent any third party from obtaining your password. You agree to notify us if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. Please note that we will never ask for your Band of Hands account password via email. If you forget your password, you must use our secured password reset protocol in place. Band of Hands may cancel or suspend passwords at any time, including in the event of misuse of any and the reissuance or reactivation of passwords.
Users may be subject to an extensive vetting process before they can register an Account, and during their use of the Services, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Band of Hands to conduct background checks as often as required in compliance with federal and state laws and the Fair Credit Reporting Act. Although Band of Hands may perform background checks of Users, as outlined above, Band of Hands is not obligated to do so and Band of Hands cannot confirm that each User is who they claim to be and therefore, Band of Hands cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the Services. 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 do not know.
JOB AGREEMENTS. Once you have registered an Account on the Sites, you, as a Poster, may create a job post on the Sites, including a description of the services and relevant job experience required, a pay rate (whether on an hourly or fixed price basis), and a timeline for completion of the services (the “Job”). You acknowledge and agree that you will pay Worker a pay rate (whether on an hourly or fixed price basis) that meets the federal and/or state minimum wage requirements regardless of any fees owed to Band of Hands. As a Worker, you may view posted Jobs, and apply to a Job of interest or of your qualifications and experience. In order to complete the post of a Job on the Sites, a Poster must verify a Payment Account (as defined below in the Fees and Payment Method section) and pre-authorize the total sum of the funds specified in the details of the Job (or the amount agreed upon between a Poster and Worker if different from the original amount specified for a Job) (“Amount”). A Poster’s Job will be available and viewable to other Users of the Sites, and a Poster will receive notifications regarding potential candidates, i.e., Workers, that have applied for the Job. Once a Poster has found a suitable Worker for the Job, the Poster chooses the qualified Worker, and can further communicate with Worker regarding the Job details, management, and progress on the Sites. Once a Job is complete, Worker sends an invoice for payment (as further detailed below) for review and approval by Poster. Once the Poster approves the invoice, Poster releases the funds for payment to Worker (less the service fees due to Band of Hands as explained below).
The engagement, contracting, and management of a Job is between a Poster and a Worker. Each Poster and Worker agree to execute a Job in accordance with the details of the agreement for the Job, this Agreement, and any other specified content by Band of Hands on the Sites. A Poster is responsible for managing, inspecting, accepting and paying for satisfactory services and/or deliverables of a Job in a timely manner. Band of Hands is not responsible for the hiring, firing, discipline or working conditions of a Worker. A Worker is responsible for carrying out the performance, quality, and execution of the services specified for a Job in a timely manner. Band of Hands will not control the manner in which a Worker operates in carrying out a Job, and will not provide any Worker with any materials, information, tools, or equipment to complete any Job. Both Poster and Worker agree to act with good faith and fair dealing in carrying out a Job.
Posters and Workers acknowledge and agree that their relationship is to be that of independent contractors. The Services are not employment services and Band of Hands does not serve as an employer of any User. Band of Hands is not liable for any tax or withholdings, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of another User’s services. Band of Hands is not responsible for monitoring, analyzing, or otherwise determining whether the relationship between a Poster and a Worker is that of an independent contractor relationship or employer-employee relationship. Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, or employer-employee relationship between a Poster and Worker, or between Band of Hands and any Poster or Worker.
Band of Hands does not maintain any insurance to cover third party injury and property damage during the completion of a Job between a Poster and Worker. If any form of insurance (property and casualty, vehicular, etc.) is a requirement to perform any Job, then such requirement must be explicitly described in the Job description. Band of Hands will not provide any such insurance and it is the sole responsibility of the Worker to obtain and maintain any required insurance at his or her own cost and expense.
THIRD PARTY BENEFICIARY. Poster and Worker each acknowledge and agree that the value, reputation, and goodwill of the Sites depend on their performance of their covenants and agreements set forth in an agreed upon Job. Poster and Worker appoint Band of Hands as a third party beneficiary of the Job for purpose of enforcing the obligations and benefits of the terms of this Agreement. Poster and Worker further acknowledge and agree that Band of Hands has the right to take such actions with respect to a Job or their Accounts, including but not limited to suspension, termination, or any other legal actions as Band of Hands in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Sites.
FEEDBACK AND RATINGS. For the benefit of other Users of the Sites, Band of Hands encourages you to leave objective balanced feedback about Users with whom you have transacted. You acknowledge and agree that feedback results for you will consist of comments, ratings, and other feedback left by other Users, as well as composite feedback based on individual ratings that Band of Hands may make available to other Users. Band of Hands provides its public feedback system as a means through which Users can share their opinions publicly and Band of Hands does not monitor or censor these opinions except as set forth below. Band of Hands does not investigate any remarks posted by Users for accuracy or reliability, but may do so if a User requests that Band of Hands do so. You may be held legally responsible for damages suffered by other Users or third parties as a result of your comments if such remarks are legally actionable or defamatory. Band of Hands is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Band of Hands reserves the right, but is under no obligation to remove posted feedback or information that in Band of Hands’ sole judgment violates this Agreement or negatively affects the Band of Hands community or operations.
FEES AND PAYMENT METHOD. Band of Hands does not charge its users a membership or finder’s fee at this time. In creating, hosting, maintaining, and providing the Site Services to its Users, Band of Hands charges a service fee of 15% of the Amount for a Job (“Service Fee”) for each completed Job transaction between a Poster and Worker. Once a payment is made by a Poster, Worker acknowledges and agrees that Worker will receive a total of 85% of the Amount for a Job. WORKER EXPRESSLY ACKNOWLEDGES AND AGREES THAT THE AMOUNT FOR EACH JOB IS PRIOR TO DEDUCTION OF THE SERVICE FEE AND THEREFORE, WORKER WILL RECEIVE 85% OF THE AMOUNT OF PAY LISTED. However, Poster and Worker are obligated to use the Sites to pay and receive payment for their work together if they identified each other through the Sites, and which is further detailed in Band of Hands’ Non-Circumvention policy below. Band of Hands may revise its policies regarding fees charged in connection with the Site Services from time to time upon such notice as may be appropriate.
User hereby authorizes Band of Hands’ payment service provider Stripe to process authorizations on Payment Accounts provided by User, to store Payment Account, credit card, and other financial details as User’s method of payment for the Site Services, and to charge User’s Payment Account provided by User. Accounts used with Stripe’s ACH feature must be from U.S. banks. The current balance shown on your account may not be updated instantly and may not include the amount of your latest payment/receipt. You agree that enrollment in ACH payment/receipts represents your written authorization to enroll in Stripe’s ACH service. By enrolling, you confirm that your browser is equipped with at least 128-bit security encryption, and your computer is capable of printing or storing a copy of your ACH confirmation. Band of Hands reserves the right to cancel the ACH payment/receipt option, change the terms of this feature, or cancel users of it at any time.
By providing Payment Account information through the Sites, you represent, warrant, and covenant that: (a) you are legally authorized to provide such information to us; (b) you are legally authorized to perform payments using the Payment Account(s); and (c) such action does not violate the terms and conditions applicable to your use of such Payment Account(s) or applicable law. When you authorize a payment using Payment Account via the Sites, you represent, warrant, and covenant that there are sufficient funds or credit available to complete the payment using the designated Payment Account.
INVOICES GENERALLY. In making and receiving payments through the Band of Hands Sites, the Band of Hands’ Billing and Payment Method allows Posters and Workers to issue invoices and enables Posters to make payments to a Worker. When a Worker completes a Job for a Poster, Worker will complete an electronic invoice form (the “Invoice”) and submit it to Poster via the Sites. A Worker must complete and submit an Invoice to Poster for each and every Job between such Poster and Worker. Worker will provide Poster with an itemized invoice, including, but not limited to, a description of the services performed, hours worked, payment required, costs and expenses related to the Job, and any other relevant Job details (“Invoice Details”). Before submitting an Invoice to Band of Hands, Worker must verify and confirm the accuracy of the Invoice Details, or waive Worker’s right to review the Invoice Details. If Worker waives the right to review the Invoice Details, all items in the Invoice Details will be included on the Invoice as received by Poster. Once Worker submits an Invoice to Poster, Poster shall review and submit (if approved) the Payment for the Invoice (“Payment”) to Worker. When a Poster makes the Payment to Worker, Worker acknowledges and agrees that Band of Hands charges the Service Fee on the Payment due to Worker and the remainder of the Payment is released to Worker. In making a Payment to Worker, Poster has the option of adding to the Amount any costs or expenses that may be included in the Invoice Details as well as a tip for the Worker. Band of Hands does not charge its Service Fee on any costs, expenses or tips added to the Amount. BAND OF HANDS ENCOURAGES ALL WORKERS AND POSTERS TO CAREFULLY REVIEW INVOICES, INCLUDING INVOICE DETAILS, BEFORE COMPLETING ANY TRANSACTION RELATED TO A JOB.
FIXED PRICE INVOICES. For fixed-price job arrangements, Worker will create an invoice and submit them to Poster upon the completion of each Job between Poster and Worker. By creating and sending the invoice, Worker represents and warrants that Worker has completed the applicable services fully and satisfactorily. Upon submission of the Invoice to Poster, Poster has five (5) business days to review and/or dispute Worker’s Invoice. At the end of the five-day period, if Poster has not disputed or otherwise delayed payment, Poster waives any right to dispute Worker’s Invoice, will be deemed to have approved all undisputed time, and Poster’s pre-authorized funds for the given Job will be released to Worker.
HOURLY INVOICES. For hourly job arrangements, a Worker must record hours spent providing services for the Job by 11:59 pm PST, each Monday following the week in which such services were rendered, and submit the Invoice directly to Poster. By recording time and allowing the invoice to be created, Worker represents and warrants (i) that Worker has completed the applicable services fully and satisfactorily; and (ii) that the hours Worker reported are true, accurate, and complete. Upon submission of the Invoice to Poster, Poster has five (5) business days to dispute Worker’s Invoice. At the end of the five-day period, if Poster has not disputed or otherwise delayed payment, Poster waives any right to dispute Worker’s Invoice, will be deemed to have approved all undisputed time, and Poster’s pre-authorized funds for the given Job will be released to Worker.
Invoice Disputes. If Poster reasonably disputes any Invoice, Poster agrees to promptly pay all undisputed amounts, and Poster and Worker will cooperate to verify any disputed amounts. Any Invoice amounts reasonably disputed by Poster will not be payable to a Worker until such dispute is resolved. Any obligation by Band of Hands to pay any Payment is expressly conditioned upon: (a) Band of Hands’ receipt of Payment from the applicable Poster, and (b) resolution of all outstanding disputes with respect to such Invoice and/or Payment.
Other Invoice Terms. At a Poster’s request, upon payment to Band of Hands by Poster for services to be rendered by a Worker, Band of Hands will assume responsibility for the payment for such Worker’s services. Band of Hands agrees not to pay a Worker for services until after the occurrence of a Poster’s acceptance of Invoice Details. You acknowledge and agree that such funds will belong to Band of Hands immediately upon such funds being transferred to Band of Hands by you. However, Band of Hands agrees to refund such funds to a Poster in the event that a Worker acknowledges that services have not been completed, or if Poster and Worker have concluded the dispute of a Job with a result indicating that Poster is the rightful recipient of such funds.
Legal Relationship. Band of Hands is not your agent with respect to any funds that have been transferred to Band of Hands for any Payment. Each Worker must properly discharge and credit Posters for any Payments made to such Worker with regard to the services provided to such Posters. Band of Hands acts as a payment provider by creating, hosting, maintaining, and providing the Band of Hands’ Billing and Payment Method to you via the Sites. Band of Hands does not have any control over the services invoiced or paid for with the Band of Hands’ Billing and Payment Method. Band of Hands does not control or guarantee whether a Poster or Worker will actually complete the underlying transaction. Band of Hands is not responsible in any way for the timeliness or accuracy of an Invoice, or the timeliness, accuracy, completion or workmanship of any work product produced by a Worker with respect to a Job. Nothing in this Agreement will be deemed to constitute Band of Hands as your agent with respect to any service purchased and sold by Users through the Sites, or expand or modify any warranty, liability or indemnity stated in this Agreement. By using the Band of Hands’ Billing and Payment Method, you expressly acknowledge that (a) Band of Hands is not acting as a trustee or a fiduciary of Posters or Workers, and that the Band of Hands’ Billing and Payment Method are provided to Users administratively; (b) the Sites are not any kind of “financial institution” as defined under the Bank Secrecy Act (BSA), and the Band of Hands Billing and Payment Method are payment services rather than a banking services; and (c) the Sites are not any kind of bank and any payments transferred through Band of Hands are not insured deposits and are subject to default, loss, or forfeiture.
OTHER PAYMENT TERMS.
Authorized Payments are Final. Your use of the Band of Hands’ Billing and Payment Method constitutes your agreement to pay for any amounts which you authorize us to retain from transactions and, as appropriate, charge to your Payment Account. A Payment, once authorized, is final. When a Poster accepts a Worker’s services: (i) Band of Hands shall have no further liability to any party with respect to Payment for such services; (ii) Poster acknowledges and agrees that Band of Hands has provided a complete service in respect of a Payment made by Poster for an Invoice, as applicable; and (iii) Poster hereby releases Band of Hands from any and all liability with respect to such Payment.
Fraudulent Transactions; Erroneous or Duplicate Transactions; Charge Backs. To the extent any amounts owed under this Agreement cannot be collected from your Payment Account(s), you are solely responsible for paying such amounts by other means. To the extent permitted by applicable law, we reserve the right to see reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or use of the Sites; (ii) discover erroneous or duplicate transactions; or (iii) receive any chargeback from the credit card company, or other Payment Account provided by you or otherwise in connection with your Payment Account. You agree that we have the right to obtain such reimbursement by charging any Accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your credit card or other Payment Account, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain reimbursement for chargebacks for which you received Services pursuant to this Agreement, we may, in addition to any other remedies available under applicable law, suspend or revoke your access to the Sites and close your Account.
Currency. The Band of Hands’ Billing and Payment Method operate in US Dollars and therefore Band of Hands is not responsible for currency fluctuations that occur when billing or crediting a credit or debit card denominated in a currency other than US Dollars, nor is Band of Hands responsible for currency fluctuations that occur when receiving or sending payment via wire transfer, check or automated clearinghouse to and from your credit card account or other permitted payment source.
Non-Circumvention Policy. Posters agree to use the Band of Hands Billing and Payment Services to make all payments to Workers, whether on a first-time, or repeat basis. You also agree not to take any action directly or indirectly to circumvent the Band of Hands Billing and Payment Services or any associated fees. As a Worker, you agree to use Band of Hands Billing and Payment Services to receive all payments from Posters identified through the Sites, whether on a first-time, or repeat basis. Additionally, you agree not to circumvent the Band of Hands Billing and Payment Services, Service Fee, or any other associated fees. As a Poster, you agree to notify Band of Hands immediately if your Worker solicits payment from you outside of the Sites. As a Worker, you agree to notify Band of Hands immediately if the Poster seeks to pay you outside of the Sites. If you are aware of a breach of the foregoing prohibitions, or any potential circumvention of the Band of Hands’ Billing and Payment Method, please contact us through our Contact page on the Sites, or by phone.
Agreement to Pay. If, for any reason, Band of Hands does not receive payment for any amounts that you have authorized to be paid through your use of the Band of Hands’ Billing and Payment Method, you agree to pay such amount immediately upon demand by Band of Hands. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Band of Hands in collecting from you the authorized but unpaid amount. In such case, Band of Hands may, at its option, stop processing any further payments made by you and apply any amounts then held by Band of Hands on your behalf toward any deficiencies, losses, or costs that we have incurred as a result of your use of the Band of Hands Billing and Payment Services. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies, and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.
Taxes. Users of the Sites are responsible for the payment and reporting of any taxes, including any federal or state taxes. Band of Hands is not obligated to determine the applicability of any taxes, or to remit, withhold, collect or report any applicable taxes, unless otherwise agreed upon by a User and Band of Hands. You agree to abide by any and all applicable state and federal tax statutes, regulations and common law.
For more information on the 1099-K, see the payment processor Stripe support page by clicking here:
USER SUBMISSIONS. When you post any job information, data, or other content on the Sites, you represent and warrant that you have the right, power, and authority to post that content and grant the licenses specified below. You further represent and warrant that by posting such content you will not violate third-party rights of any kind, including, without limitation, any intellectual property rights, rights of publicity, and privacy rights. To the extent your content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such content and that Band of Hands may exercise the rights to your content granted under this Agreement without any liability or obligation for any payment.
YOU RETAIN ALL OF YOUR OWNERSHIP RIGHTS IN ANY CONTENT YOU POST ON THE SITES. You grant to Band of Hands and our successors and affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such content and your name, voice, and/or likeness as contained in your content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use in connection with the Sites and Band of Hands’ (and our successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user a non-exclusive license to access your content through the Sites, and to use, reproduce, distribute, display, and perform such content, only to the extent permitted through the normal functionality of the Sites and subject to all applicable confidentiality and other provisions of the Agreement.
The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your content from the Sites, except that you grant Band of Hands and our successors and affiliates the irrevocable and perpetual license to retain and use, but not publicly display, distribute, or perform, server or archival copies of all content that you have removed or deleted to the extent permitted by applicable law.
THIRD PARTY CONTENT. The Sites may provide certain information, content, applications and links from third parties, including other users of the Sites (“Third Party Content”). Such Third Party Content are owned and/or operated by third parties and/or their licensors. Your use of any such Third Party content or websites are governed by the terms and policies of those third parties. You are responsible for deciding if you choose to access any third party website or Third Party Content by clicking on a link or installing an application. Your use of any third party links or third party services is at your own risk and you should be aware the Band of Hands’ terms and policies no longer govern. BAND OF HANDS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES, INCLUDING ALL IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
TRADEMARKS AND COPYRIGHTS. The trademarks, service marks, brands, names, logos and designs (“Trademarks”) of Band of Hands or others used on the Sites and in the Services are the property of Band of Hands or their respective owners. You may not remove or alter any Trademarks. You may not use any trademark displayed on the Sites or in the Services without the express prior written permission of Band of Hands or the respective owner, and nothing contained on the Sites grants by implication, waiver, estoppel or otherwise, any right to use such Trademarks. All of the information and content provided on the Sites and in the Services, including but not limited to, text elements, Sites’ design, images and icons, as well as the selection, assembly and arrangement thereof, are the sole property of Band of Hands, Copyright © 2015, unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. Our Intellectual Property Policy (“IP Policy”) is herein incorporated by reference, and a copy of this policy can be found at the following link: [LINK]. We strongly encourage you to review our IP Policy as it explains additional important information regarding intellectual property rights.
INDEMNITY. You agree to defend, hold harmless, and indemnify Band of Hands, our affiliates, our and their respective officers, directors, employees, attorneys, agents, joint ventures, and our and their respective successors and assigns (each such party an “Indemnified Party”) from and against any and all losses, costs, expenses, damages, and other liabilities (including reasonable attorneys’ fees and costs) incurred by an Indemnified Party arising from or related to any cause of action, claim, suit, proceeding, demand, or action brought by a third-party against an Indemnified Party in connection with your use of the Sites and/or Services, including but not limited to: (a) use of the Sites; (b) breach of any provision of this Agreement; (c) decision to submit a post(s) and accept offers from other Users of the Sites and/or Services; (d) any allegation of any infringement, misappropriation, or other violation of any intellectual property rights by you or your agents, including by any Work Product provided by you or your agents; (e) any breach of contract or other claims made by Users with which you conducted business through the Sites; (f) any claim that a Worker was misclassified as an independent contractor; (g) any liabilities arising from a determination by a court, arbitrator, government agency, or other body that a Worker was misclassified as an employee (including, but not limited to, taxes, penalties, interest, and attorney’s fees); (h) any claim that Band of Hands was an employer or joint employer of a Worker; (i) any claims under any employment-related laws, such as those relating to employment termination, employment discrimination, harassment or retaliation; or (j) any claims for overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits. The foregoing indemnity will include, without limitation, such cause of action, claim, suit, proceeding, demand, or action arising out of the negligence of any Indemnified Party; provided that the foregoing indemnification will not extend to the gross negligence or willful misconduct of an Indemnified Party.
WARRANTY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITES AND THE SERVICES ARE BEING PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, AND MAY INCLUDE CERTAIN ERRORS, OMISSIONS, OUTDATED INFORMATION WHICH MAY AFFECT THE QUALITY OF CONTENT AND INFORMATION. YOU ACKNOWLEDGE THAT THE CONTENT AND INFORMATION HAVE NOT BEEN INDEPENDENTLY VERIFIED OR AUTHENTICATED IN WHOLE OR IN PART BY BAND OF HANDS, AND AGREE THAT BAND OF HANDS DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE CONTENT AND INFORMATION AND FURTHER AGREE THAT BAND OF HANDS HAS NO LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE MATERIALS, WHETHER PROVIDED BY BAND OF HANDS OR ITS LICENSORS.
BAND OF HANDS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT CONTAINED ON THE SITES AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND/OR THE SERVICES AND ANY CONTENT, INFORMATION OR OTHER MATERIAL CONTAINED ON THE SITES IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE OR INTERNAL BUSINESS USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
BAND OF HANDS MAKES NO REPRESENTATION THAT THE CONTENT AND INFORMATION ON THE SITES CONFORM TO YOUR LOCAL LAWS, AND IF YOU ARE ACCESSING THE SITES FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH YOUR LOCAL LAWS. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
OTHER DISCLAIMERS AND LIMITATIONS. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk. Band of Hands is not liable, and you agree not to hold us responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to: (a) your use of or your inability to use the Sites or Services; (b) delays or disruptions in the Sites or Services; (c) viruses or other malicious software obtained by accessing, or linking to, the Sites or Services; (d) glitches, bugs, errors, or inaccuracies of any kind in the Sites or Services; (e) damage to your hardware device from the use of the Sites or Services; (f) the content, actions, or inactions of third parties’ use of the Sites or Services; (g) a suspension or other action taken with respect to your account; (h) your reliance on the quality, accuracy, or reliability of postings, user profiles, recommendations, and feedback (including their content, order, and display), or metrics found on, used on, or made available through the Sites; or (i) your need to modify practices, content, or behavior or your loss of or inability to do business as a result of changes to the Agreement.
LIMITATION OF LIABILITY. IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITES OR SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY, WHICHEVER IS LESS. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
GENERAL RELEASE. Band of Hands is not a party to any Job or any other contract between you and another User. If you have a dispute with another registered User, you release Band of Hands (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, whether it be at law or in equity, arising out of or in any way connected with such dispute or relating to any disputes regarding the performance, any injuries or damages, services, quality, relation, payments, refunds, or any other issue arising from the Job in question between you and another User.
STATE SPECIFIC RELEASE. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH STATES: “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.”
STATE SPECIFIC LEGAL NOTICE. Band of Hands, located at PO BOX 421143, San Diego, California 92142, is the provider of the electronic commercial service on the Sites. Users are notified, via the Sites, in advance regarding any applicable service charges. The Consumer Information Division of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834 or by calling 1-800-952-5210. Upon your request, you may have this Agreement sent to you by email. Please contact Band of Hands to resolve a complaint regarding any aspect of service relating to the Sites by writing to the attention of Customer Support at the above address or contact us through Customer Support at: (858) 987-2400.
DISPUTES; ARBITRATION; WAIVER OF TRIAL BY JURY; CLASS WAIVER
Band of Hands prefers to address your concerns without the need for formal legal action. Before you initiate any claim against Band of Hands, you agree to try and resolve your dispute informally by contacting us at: firstname.lastname@example.org or (800) 600-0880. We will attempt to resolve your dispute within 30 days of receipt of your submission.
PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. In the unlikely event that Band of Hands is unable to resolve your dispute within 30 days of receiving your submission, you and Band of Hands agree that all disputes or claims that have arisen or may arise between you and Band of Hands relating to or arising out of the Agreement and/or your use of the Sites and/or Services shall be resolved exclusively through final and binding arbitration under the American Arbitration Association’s (“AAA”) rules for arbitration of consumer-related disputes, and you and Band of Hands expressly waive trial by jury. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If AAA is not available to arbitrate, the parties shall select an alternative dispute resolution provider. The AAA rules will govern payment of all arbitration fees. The arbitration may be conducted in person, through the submission of documents, by phone, or online. Except as otherwise provided here, arbitration will be conducted in San Diego County, California.
You also agree that all claims and disputes must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one user cannot be arbitrated or litigated jointly or consolidated with those of any other user. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. This arbitration provision will survive the termination of your relationship with Band of Hands.
Notwithstanding any other provision in this Agreement, in the event that this arbitration provision is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in San Diego County, California. In any circumstances where the foregoing arbitration provision permits the parties to litigate in court, the parties hereby agree to submit to the venue and personal jurisdiction of the courts located in San Diego County, California, for such purpose.
Choice of Law. You agree unconditionally and mandatorily to the exclusive venue and jurisdiction for any dispute arising under the Agreement in the state or federal courts of San Diego County, California. This Agreement shall be deemed to have been executed and delivered within the State of California, and the rights and obligations hereunder shall be construed and enforced in accordance with, and governed by, the laws of the State of California.
Compliance with Law. You are responsible for compliance with applicable U.S. state, U.S. federal, foreign or international laws, regulation and treaties, keeping in mind that access to the contents of the Sites may not be legal for or by certain persons or in certain countries.
Modification and Waiver. Band of Hands will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing. No delay or omission by Band of Hands in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.
Severability. If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be given its nearest legal meaning, or be construed as deleted, as such authority determines, and the remaining provisions shall remain in full force and effect.
Assignment or Transfer. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of Band of Hands, and any attempt to do so will be null and void. Band of Hands may assign this Agreement in its sole discretion.
Force Majeure. Except for the payment of fees to Band of Hands, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Notices. Band of Hands may give notice by means of a general notice on the Services, electronic mail to your email address in your account, or by written communication sent by first class mail or pre-paid post to your address in your account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Band of Hands, with such notice deemed given when received by Band of Hands, at any time by first class mail or pre-paid post to Band of Hands, Inc., PO BOX 421143, San Diego, CA 92142.
Headings and Labels. Captions and/or headings contained herein are for convenience only and are not meant to limit the terms contained herein.
Integration. This Agreement and all documents referenced in this Agreement (including the policies listed and available by hyperlink) comprise the entire agreement between you and Band of Hands with respect to the use of the Sites and Services and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any website that links to or are linked from the Sites.
We encourage you to read the following policies as they form a part of this Agreement: