One Day Helper
Terms of Service
The following Terms of Service are a legally binding contract between you and One Day Helper regarding your use of the Service. Please read the following Terms of Service ("Terms" or "Agreement") carefully before accessing or using any of the Services. Each time you access or use the Service, you, and if you are acting on behalf of a third party or your employer, such third party or employer, agree to be bound by these Terms whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use the Service.
You acknowledge that Clients and Service Providers are independent contractors and that One Day Helper is not a party to any employment, assignment, engagement, agreement, arrangement, job, service or transaction between users of our platform for the hiring or performance of the Service Provider's service. No agency, partnership, joint venture, or employment relationship between One Day Helper and any user of our Services is created as a result of these Terms of Service or any user's access to, or use of, any part of the platform.
One Day Helper does not endorse any users of our Services and has no control of the services, job or work to be performed by Service Providers, or the payment for the same by the Client. It is within the sole and absolute discretion of the users of our Services to engage one another through our Services. You should always exercise responsibility, due diligence and care when deciding whether to engage, hire or have any interaction with any other user as a Client or a Service Provider.
You agree that the use of our Services is at your sole risk and by using the platform, you understand and agree that any legal remedy or recovery 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 and not One Day Helper. You agree not to attempt to impose liability on, or seek any legal remedy from One Day Helper with respect to such actions or omissions.
Furthermore, you hereby agree that One Day Helper shall have no liability for any damages or injuries resulting from your use of our platform or any engagement and interaction with another user by reason of your access to, and use of, our platform or Services.
In addition, certain areas of our Service may be subject to additional Terms of Service that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms of Service applicable to such areas. In the event that any of the additional Terms of Service governing such area conflict with these Terms, the additional terms will control.
One Day Helper may change this Agreement at any time by posting an updated Terms of Service on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using this Website. If you continue using the Website, you will be conclusively deemed to have accepted the changes.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Description of Service
a. One Day Helper is an online marketplace venue that connects Clients with Service Providers for services that the Client has an interest in, or needs assistance with. Users can post content to our Service that is available to other users to assist them in choosing and connecting with a suitable Service Provider to hire. Clients, once registered with One Day Helper, can search our marketplace for a Service Provider using the Service Provider's profile and any reviews left by other Clients, then select one and schedule their services. Service Providers set their own rates, terms and conditions. Payment for the Service Provider is made by the Client directly to the Service Provider without the assistance of One Day Helper, or the use of our Services.
b. Our Service includes One Day Helper content, systems, procedures, processes and technologies, and; any hardware, software, applications, data, reports, and other content made available by or on behalf of One Day Helper.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. One Day Helper reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, One Day Helper.
2. Eligibility for Our Service
a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Accordingly, you agree that you are at least the age of majority or older and competent to enter into the terms, conditions, representations and warranties set forth in this Agreement.
b. If you are a Service Provider, you further represent and warrant that you have attained the above required age of majority where you provide your services, and have received any required legal authorization or licensure, permitting you to work in the jurisdiction or territory in which you will perform any services.
c. As a user of our Services you represent and warrant that you have not been, and currently are not, the subject of any criminal complaint, action or restraining order for any offence involving violence, fraud, larceny, theft, abuse, neglect or any offense that involves endangering the safety of others, including without limitation any sexual or child abuse offenses, and you are not required to register as a sex offender in any jurisdiction.
d. One Day Helper does not currently conduct criminal background screenings on its users, but reserves the right to conduct any criminal background check, at any time and using available public records, to confirm your compliance with these and any other terms of this agreement.
a. To access some features of the Service you will be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Service Providers on our Website may also, at the discretion of One Day Helper, be required to provide, without limitation, your business entity information, a driver license, picture ID, second form of ID, work experience certificate, information regarding any credentials, licenses or registration and copy of diploma. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes.
a. If you have been issued an account by One Day Helper in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not One Day Helper, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify One Day Helper immediately.
b. One Day Helper may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
In order to participate in our marketplace community, Clients must create an account and subscribe to a Monthly Subscription Plan. The Monthly Subscription Plan is automatically renewable and payable.
The features, subscriber rights, terms and prices of the Subscription Plan may change from time to time and the most current description and price may be found on our Subscription Plan pricing page here https://onedayhelper.com/register/contractor.
By completing your registration for a Subscription Plan, you authorize One Day Helper through its secure third party payment processor to charge your payment method on a recurring monthly basis for: (a) the applicable subscription plan charges; (b) any and all applicable taxes; and (c) any other charges incurred in connection with your use of the One Day Helper services. The authorization continues through the subscription term and any renewal term until the subscriber cancels the Subscription Plan.
One Day Helper may offer you a free trial subscription period. You may cancel your free trial at any time during the trial period. If you fail to cancel your free trial you agree that One Day Helper may automatically charge your selected method of payment for a Monthly Subscription under the terms set forth in this Agreement.
a. One Day Helper does not employ the Service Provider, nor does One Day Helper provide services to the Client.
b. One Day Helper shall not be responsible for, or pay for, the Service Providers services, products or labor.
c. As a Service Provider, you agree that you will invoice your Client for your services directly and without the assistance of One Day Helper or the use of our Service. One Day Helper does not provide invoicing, payment or collection service for Service Providers.
d. As a Client, you agree that you will pay your Service Provider directly and without the assistance of One Day Helper or the use of our Service, according to the terms of the agreement you made with the Service Provider.
e. Service Providers will be liable for any taxes required to be collected on their Services and remitted to the appropriate tax collection agency including, without limitation, federal, state and local authorities. Furthermore, the Service Provider agrees to indemnify and hold One Day Helper harmless for any taxes, fines, penalties or injuries caused to One Day Helper for a breach of the terms of this of this section.
The users of our Services (Clients and Service Providers) are independent contractors and One Day Helper is not a party to any relationship, dealings or contract between users, including proposals, selection, contracting, and performance of Service Provider's services. One Day Helper is only a marketplace venue that provides a platform on which users can meet and independently decide whether or not to engage with each other. One Day Helper does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Service Providers, nor of the integrity, responsibility or any of the actions or omissions of any Service Provider or Client. One Day Helper makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Service Providers through the use of the Services, whether in public, private, in online or offline interactions, or about the accreditation, registration or licensing of any Service Provider.
In furtherance of the above:
a. One Day Helper is not a party to any agreement for Service Provider services and does not itself offer to perform any services or work.
b. The users of our Services are not employees or agents of One Day Helper.
c. One Day Helper is not an agent or representative of the user.
d. One Day Helper does not, in any way, supervise, direct, or control the Service Provider or the Service Provider’s work.
e. One Day Helper makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Service Provider services, including, without limitation, All Warranties, Express or Implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
f. One Day Helper does not set Service Provider’s work hours, work schedules or location of work.
g. One Day Helper does not intervene in any transaction between the users. If you have any issues with a Client or Service Provider respectively, you must resolve it between yourselves.
h. One Day Helper Services may identify a user with a title, nevertheless, One Day Helper does not endorse or recommend the services of any particular user and we do not independently verify their representations about their services, their qualifications, their background, their identities, the ability of Service Providers to deliver their services, nor do we validate any reviews of our users. It is the sole responsibility of each Client to evaluate the Service Provider and their qualifications to perform the work or service.
i. One Day Helper does not collect or deduct any amount for withholding, unemployment, Social Security, or other taxes for the Service Provider.
j. Service Providers are solely responsible for any taxes they are required to collect and remit to a tax collection authority.
9. licenses, Permits and Service Provider Qualifications
One Day Helper does not request or verify any Service Provider's professional credentials, license, permit or qualifications. Users must determine for themselves whether a Service Provider is licensed and qualified to perform the services requested.
10. Your Access and Use of our Services
12. Information Accuracy
a. We make no representation as to the completeness, accuracy, or currency of any information appearing on our Service or other content available on this Site including, without limitation, information posted or uploaded by any Service Provider or Client.
b. We attempt to ensure that information on this Service is complete, accurate and current, however, despite our best efforts, the information on our Service may occasionally be inaccurate, incomplete or out of date and One Day Helper disclaims any responsibility or liability for such information. By using the Services, you agree to accept such risks.
a. As between One Day Helper and you, One Day Helper or its licensors own and reserve all right, title and interest in and to the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with this Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by One Day Helper.
a. Our names, graphics, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively, the "Proprietary Marks"), are owned by One Day Helper. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services. Any third-party names, trademarks, and service marks are property of their respective owners.
c. The information, descriptions, advice, data, software and content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all text, graphics, pictures, photographs, images, videos, line art, icons and renditions, are copyrighted by, or otherwise licensed to us or Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content on our Website and in our App (the "Collective Work").
e. All software used on, or within our Services is our property or the property of our software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
a. We grant you a limited, nonexclusive, non-transferable license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental. You may not decompile, reverse engineer, or disassemble Our Content, and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
a. "User Content" means, without limitation, any messages, texts, reviews, digital files, images, photos, personal profile (including your photo), artwork, videos, audio, comments, feedback, suggestions, documents, or any other content you upload, transmit or otherwise make available to One Day Helper and its users via the Services. You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify One Day Helper and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.
b. By submitting User Content on or through the Service, you grant One Day Helper a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to, you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content in order to provide our Services. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Service may be viewed by other users, any person visiting or participating in the Service and by the public in general.
e. One Day Helper expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent it's loss.
f. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by One Day Helper resulting therefrom.
g. One Day Helper may block, remove or return any User Content at any time for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. You represent and warrant that all information that you submit is authentic, accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
i. User Content is not considered to be confidential. You agree not to submit User Content in which you have any expectation of privacy.
j. One Day Helper has no control over User Content once posted, and it is possible that visitors to the Site may copy User Content and repost it elsewhere.
k. You agree not to post as part of the Service any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material. The following includes, without limitation, examples of the things you may not do:
b. You agree that we will not be liable to you or to any third party for any interruption of the Services or any part thereof.
a. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
b. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
c. We reserve the right to refuse access to the Service to anyone for any reason at any time.
We make available software to access the One Day Helper mobile App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. One Day Helper does not warrant that the Mobile Software will be compatible with your mobile device. One Day Helper hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for a single One Day Helper account on a mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Mobile Software. You acknowledge that One Day Helper may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and One Day Helper or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. One Day Helper reserves all rights not expressly granted under this Agreement. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the One Day Helper App.
The following applies to any App Store Sourced Application accessed through or downloaded from a Third Party App Store:
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
a. Your use of the Services includes the ability to enter into agreements, including these Terms, and to make transactions electronically, including financial transactions, payments and purchases. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by such agreements, financial transactions, payments and purchases.
b. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this site, including purchases, financial transactions, notices of cancellation, policies, contracts, and applications.
Violating the security of our Website and Services is prohibited and may result in criminal and civil liability. One Day Helper may investigate incidents involving such violations and may involve, and will cooperate with law, enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
We respect the intellectual property rights of others. We reserve the right to remove any User Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: firstname.lastname@example.org
a. It is the users sole responsibility to perform or obtain any and all background and reference checks regarding other users, including, without limitation a criminal background check and a sex offender registry check.
b. One Day Helper may, at our sole and exclusive discretion, perform a basic background screening on any user by utilizing third party services as appropriate. Although One Day Helper may require background screening of users, we are not required or obligated to do so and cannot confirm that each user is who they claim to be and therefore, One Day Helper cannot and does not assume any responsibility for the accuracy, completeness, timeliness or reliability of identity or background screening information or any information provided through the One Day Helper services by the user.
c. Furthermore, One Day Helper makes no representations, guarantees or warranty that any service provider's representations about their services, their qualifications, their licenses, their credentials, their background, their identities or the ability of service provider to deliver their services. It is the sole responsibility of each Client to evaluate the service provider and their qualifications to perform the their service.
d. You agree to release One Day Helper, our agents and employees from all claims, demands and damages, actual and consequential and direct and indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the One Day Helper services to the fullest extent permitted by law.
ALL SERVICES INVOLVING A CHILD SHOULD BE SUPERVISED BY A PARENT OR A LEGAL GUARDIAN.
a. You are solely responsible for determining the identity, suitability and for your interactions with the people you choose to engage with through the service. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property. We make no representations or warranties as to the conduct of the people you choose to interact with. While not obligated to do so, One Day Helper reserves the right at its sole discretion to conduct any criminal or other background check or screenings at any time and using available public records.
b. You assume all risk when using the services, including, without limitation, all risks associated with any online or offline personal interactions with others.
c. In no event shall One Day Helper, its employees, consultants, executives or officers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a user or anyone else in connection with the use of the service including, without limitation, theft, bodily injury, emotional distress, death and/or any other damages resulting from communications with, contact with or personal interaction with other users.
a. ALL SERVICES AND PRODUCTS AVAILABLE FROM ONE DAY HELPER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ONE DAY HELPER AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “ONE DAY HELPER PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES OR PRODUCTS, INCLUDING THE SERVICES OF THE SERVICE PROVIDERS WILL BE EFFECTIVE, RELIABLE OR MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (III) THE QUALITY OF ANY SERVICES, PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
c. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS SITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE, HOWEVER WE HAVE NO OBLIGATION TO DO SO.
d. THE ONE DAY HELPER PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
e. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
f. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
g. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
a. IN NO EVENT SHALL WE BE RESPONSIBLE TO, OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY PERSONAL INJURY TO YOU OR OTHERS, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON OR USE OF OUR CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT, OR ANY CLAIMS HEREUNDER, SHALL NOT EXCEED THE SUM OF $100 IN THE AGGREGATE FOR ALL CLAIMS.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
a. You agree that you will be personally responsible for your use of the Service and you agree to defend, indemnify and hold harmless One Day Helper and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) serious physical or emotional harm, including death, to you or any third party resulting from your use of the Services, or (vi) any disputes or issues between you and any third party.
b. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
a. By using the Services, you release, to the maximum extent allowed by law, One Day Helper, its officers, directors, employees, affiliates, and agents from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Services, and any interaction with other users through the Services, including without limitation, any serious physical or emotional harm, including death, to you or any third party.
b. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of New York in and for the County in which One Day Helper has established its principal office.
a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of New York in and for the County in which One Day Helper has established its principal office. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTION ALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
You and One Day Helper agree that any claim or dispute at law or equity that has arisen, or may arise, between you and One Day Helper (including any claim or dispute between you and a third-party agent of One Day Helper) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of One Day Helper or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and One Day Helper, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and One Day Helper are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND ONE DAY HELPER AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ONE DAY HELPER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at One Day Helper believe that most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at email@example.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to One Day Helper should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If One Day Helper and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or One Day Helper may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by One Day Helper or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless One Day Helper and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, One Day Helper agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
h. Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of New York in and for the County in which One Day Helper has established its principal office. You and we agree to submit to the personal jurisdiction of the courts located within the State of New York for the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of New York; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of New York.
The One Day Helper platform is a venue for connecting users of our Service and we are not a party to any contact or agreement between users. In the event that you have a dispute with another user, you release One Day Helper and its affiliates, officers, directors, agents, subsidiaries, and employees from any and all claims, demands, or damages 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.
One Day Helper is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If One Day Helper receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site.
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
42. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by us, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at firstname.lastname@example.org.
Last updated: September 25, 2019