II. ACCEPTANCE OF THESE TERMS
By your use of our Platform you are in acceptance of the Terms and Conditions hereinafter. If you do not accept these Terms then please do not use our Platform.
III. KEY TERMS
- “Company” means Work B Done, Inc. acting as a Florida Corporation whose principal address is 52 Tuscan Way, STE 202 #145, St. Augustine, FL 32092.
- “Platform” means all Work B Done, Inc. websites, applications, mobile responsive sites or applications or other applications designed for use with various devices, software, processes and any other services provided by or through Work B Done, Inc.
- “Project” or “projects” means any activity permitted for posting to the Platform, for which an Employer may seek qualified Worker Bees to submit price quotations, qualification summaries, time lines, or other information pertinent to the completion of the activity
- “Worker Bee” means any person(s) looking to be hired to complete a project as listed on the Platform.
- “Worker Bee” means any person(s) looking to be hired to complete a project as listed on the Platform.
- “You” or “your” means the person accessing, downloading or otherwise using the Platform or any portion thereof either directly or indirectly as a Worker Bee or an Employer, or both.
IV. SITE & ACCOUNT ACCESS
Our Company reserves the right to change or withdraw our Platform, and any materials or functionalities provided on our Platform, at our sole discretion without notice. Our Company will not be liable if, for any reason, all or any part of our Platform is unavailable at any time or for any period.
If you set up an account on our Platform, or if you create or upload information pertaining to a Project or you otherwise contribute content onto our Platform, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form
(including your email address). You are not permitted to transfer, sell or otherwise convey your account to any third party.
You agree not to provide any other person access to our Platform or portions of it using your username, password, or other security information. Any person with whom you share your username and password and is able to answer verification questions about your account may be able to access information regarding your account on our Platform. Our Company is not responsible and disclaims all liability if your email or account is used improperly or falsely by a third party. You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs.
When you view or store materials through or using our Platform, we may use such materials for analysis, quality control, or to refine our Platform or any other service we offer, whether via automated means or otherwise.
V. COMMUNICATIONS & OTHER ACTIONS ON OUR PLATFORM
Any and all communications that take place outside of the Platform are strictly prohibited. This means that under no circumstances are you permitted to utilize any form of private communication (e.g. SMS, MMS, private messaging service, cellular device, application or other communication device) to contact an Employer before, during or after you’ve completed the Project. A first violation of this policy will result in an immediate 10 day suspension of your privileges to utilize the Platform. A second violation will result in a 30 day suspension of your privileges to use the Platform. A third violation shall result in a permanent ban from the platform. As an additional penalty, any and all unpaid fees due to you at the time of a violation are considered forfeited, and become the sole and exclusive property of the Company.
Maintaining all communications through the Platform serves both your interests, and the interests of any Employers. Should there be a dispute related to work you performed, when it was performed, the manner in which it was performed, or any follow up services provided, Company will only consider communications within Platform when making any decisions it is required to make under the circumstances, and will not consider any and all off site communications.
VI. PROHIBITED USE & RESTRICTIONS
As a user of our Platform, you may not:
- Use another person’s account, misrepresent yourself through the our Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post content in any inappropriate category or areas on our Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access our Platform for any purpose without our Company’s prior written approval; provided, however that the operators of public search engines may use spiders or robots to copy materials from our Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials (our Company reserves the right to revoke these exceptions either generally or in a specific case);
- In any manual or automated manner copy, copyrighted text, or otherwise misuse or misappropriate Platform information or content including but not limited to, for use on a mirrored, competitive, or third - party website;
- Transmit more request messages through our Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
- Take any action that (a) may unreasonably encumber our Platform’s infrastructure; (b) interferes or attempts to interfere with the proper workings of our Platform or any third - party participation; (c) bypasses measures that are used to prevent or restrict access to our Platform; (d) circumvents, disables or otherwise interferes with security features of our Platform; (e) distributes viruses or any other technologies that may harm our Company or users; (f) uses our Platform in a way that violates any copyrights, trade secrets, or other rights of any third - party, including privacy or publicity rights;
- Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from our Platform, or use of communication systems provided by our Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form any of our Platform users for employment or any other use not specifically intended by our Platform;
- Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through our Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
- Submit content that damages the experience of any user including but not limited to (a) requests to download mobile applications and or links that direct the user to mirrored websites, not our Platform, where the user must enter information that is redundant with what has already been entered on our Platform, (b) offers to purchase a service outside of our Platform, or (c) using a profile page or user name to promote services not offered on or through our Platform
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Fail to perform services and/or remit payment for services adequately performed, unless there is a material quality issue, or a clear typological error is made, or you cannot authenticate the customer or other individual’s identity;
- Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods otherwise prohibited by our Company;
- Sign up for, negotiate a price for, use, or otherwise solicit a service through our Platform with no intention of following through with your use of or payment of those services;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of our Platform; and
- Attempt to indirectly undertake any of the foregoing.
VII. FINANCIAL PENALTIES FOR NON-PERFORMANCE (“NO SHOWS”)
In order to promote individual responsibility on the Platform, a penalty fee MAY be charged to you if, in the sole and exclusive discretion of the Company, you have failed to perform the most basic element of an agreement between a Worker Bee and an Employer (showing up to complete the work, or allowing access to the work area). The penalty may be any amount up to 50% percent of the quoted price for the work to be performed.
By way of example, and for no other purpose, a penalty MAY be imposed by the Company to a Worker Bee in any of the following events:
- Worker Bee arrives an hour AFTER the promised arrival time, without good cause for doing so.
- Worker Bee reschedules his or her arrival time more than once, without good cause for doing so.
- Worker Bee cancels an appointment, without good cause, within 24 hours of the anticipated arrival of Worker Bee.
By way of example, and for no other purpose, a penalty MAY be imposed by the Company to a Employer in any of the following events:
- Employer fails to provide access to the Worker Bee(s) as required to complete the Project.
Employer attempts to reschedule the Worker Bee(s) arrival time without good cause for doing so.
- Employer cancels a Project within 24 hours of the scheduled start time without good cause for doing so.
For the purposes of this section “good cause” shall mean any circumstance, under which, a reasonable person would assume that attendance or completion of the Project would be impractical (e.g. inclement weather, death in family, emergency medical attention, etc.).
VIII. CLAIMS OF INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by our Company infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is
claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow our Company to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send our Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices, counter - notices and false claims with respect to Our Platform should be sent in writing to Work B Done, Inc., 52 Tuscan Way, Ste 202 #145, St. Augustine, FL 32092.
IX. DISCLAIMER & WARRANTIES
YOUR USE OF OUR PLATFORM AND ITS CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT OUR COMPANY DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMEBERS AND CUSTOMER MEMBERS. OUR PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OUR COMPANY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON - INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH OUR PLATFORM AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OUR PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. OUR COMPANY MAKES NO WARRANTY THAT OUR PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OUR COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OUR PLATFORM. OUR COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUR COMPANY OR THROUGH OUR PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF OUR PLATFORM AND WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF OUR PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT OUR
COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR PLATFORM. OUR COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF OUR PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. OUR COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
X. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OUR COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD - PARTY LICESNORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON OUR PLATFORM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF OUR COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR PLATFORM, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON OUR PLATFORM. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF OUR COMPANY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID OUR COMPANY TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall our Company or its affiliates, or their third - party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including but not limited to the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other
similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of our Company
By your use of our Platform, you agree to release, defend, indemnify, and hold our Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) you violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of our Platform services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with our Platform services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold our Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third - party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
XII. CLASS ACTION WAIVER
By using our Platform and in return for the services offered by our Company, you acknowledge that our Company can only offer you these services under the Terms as presented herein. As partial consideration for your use of our Platform and these services, you agree not to sue our Company as a class plaintiff or class representative, join as a class member, or participate as an adverse part in any way in a class - action lawsuit against our Company regarding your use of our Platform. Additionally, if you do not agree to any part of these Terms, do not continue your use of our Platform. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the section titled (XIV. GOVERNING LAW & DISPUTE RESOLUTION).
XIII. WAIVER OF SEVERABILITY
No waiver by our Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such terms or condition or a waiver of any other term or condition, and any failure of our Company to assert a right or provision under these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect
XIV. GOVERNING LAW & DISPUTE RESOLUTION
The Terms and relationship between yourself and our Company shall be governed in all respects by the laws of the State of Florida. You agree that any claim or dispute you may have against our Company that is not subject to arbitration must be resolved by a court located in St. Johns County, Florida, or a United States District Court, Middle District of Florida, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within St. Johns County, Florida or the United States District Court, Middle District of Florida located in St. Augustine, Florida, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
XV. REVISION OF TERMS
Our Company reserves the right, in its sole discretion, to modify these Terms and any other documents incorporated by reference herein, at any time and will post its updated Terms on our Platform, sending users a message or otherwise notify you when you are logged into your account. Your use of our Platform shall indicate to our Company that you are in consent to these Term revisions. If you do not agree with these revisions, you may not access or use our Platform.
XVII. CONTACT US
Feedback, comments, requests for technical support, and other communications relating to our Platform, should be directed by email to firstname.lastname@example.org, or by writing to Work B Done, Inc., 52 Tuscan Way, Ste 202 #145, St. Augustine, FL 32092.