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TERMS OF USE

Effective Date: July 10, 2014

Welcome

Welcome to Worker Rental! Worker Rental is an online marketplace that helps connect people seeking help with people seeking to provide services. This Site (“the Site”) is operated by Worker Rental LLC, (Worker Rental”) and the content is owned by Worker Rental. Worker Rental helps consumers research, contact, and leave feedback on a wide variety of service providers. The following Terms of Use outline and explain your obligations when using the Site, mobile applications, and/or services. {“Agreement”) Please read these Terms of Use and the Privacy Policy as these documents set forth the legally binding terms that govern your access to and use of the Site. These Terms of Use apply to all persons who visit the Site.

Definitions

“You” refers to the user of the Site, mobile applications, and/or services.
“Member” refers to any user of the Site that has provided information to Worker Rental to participate by including a Member profile to search Worker profiles and access Workers’ contact information.
“Worker” refers to any user of the Site that has provided information to Worker Rental to participate by including a Worker profile to offer any service, whether as a free or paid subscriber, or search other Worker profiles and access other Workers’ contact information.
“User” refers to any user of the Site that is registered as a Worker or Member.
“We” refers to Worker Rental LLC.

Acceptance of Terms of Use

By using the Site, including but not limited to, completing the subscription process, using the mobile app, or searching through the Worker or Member profiles, you indicate that you have read, understand, and accept this Agreement and agree to be bound by the following terms and conditions (“Terms of Use” or “this Agreement”). This Agreement is an electronic contract that establishes the legally binding terms you must accept and abide to use this Site and/or become a Worker or Member. Please print a copy for your records. You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you acknowledge. You acknowledge that such consideration includes, without limitation, your ability to visit, use, and submit information to the Site.

We reserve the right to modify this Agreement at any time. You are bound by such revisions and should therefore visit this page to review the current Agreement from time to time. Any such modifications to the Agreement will apply immediately after such modification has been posted. Your continued use of the Site after such modifications constitutes acceptance of any such modified Agreement. If you do not agree with this Agreement, you must immediately cease using the service and delete your account. You must abide by all of the terms and conditions of this Agreement in order to become a User or remain an authorized User of this service.

Eligibility

You must be at least 18 years old to access the Site, mobile app, or use the services in any way. By visiting or using the Site, mobile app, or any Worker Rental service, you agree to the Terms of Use and represent and warrant that you:

  1. Are at least 18 years of age;
  2. Have the right, authority, and capacity to enter into and abide by this Agreement;
  3. Have never been convicted of a felony;
  4. Do not have to register as a sex offender with any governmental entity; and
  5. Will comply with all applicable laws and regulations that govern your use of this service.

Code of Conduct

By using this Site, mobile app, and its services, you agree to not use the Site or its services for any purpose that: (i) is fraudulent or illegal; (ii) violates any statute, regulation, rule, or other legal authority; or (iii) is prohibited by the Terms of Use. You also agree that while using the site you will not:

  • Impersonate any person;
  • Infringe the privacy rights, property rights, or any other rights of any person;
  • Harass any person;
  • Engage in any sort of offensive behavior, including but not limited to: posting pornographic, hateful, racist, libelous, slanderous, obscene, or otherwise offensive comments, postings, or pictures;
  • Post any comments, pictures, or information that knowingly or unknowingly violate any law in any way or are fraudulent;
  • Knowingly provide, post, or submit false or otherwise misleading information, comments, posts, or photos;
  • Use the service to distribute malicious software such as, but not limited to, viruses, malware, spyware, or any other software that would interfere with this Site, the mobile app, services, or their systems, or any of the Users systems in any way;
  • Interfere with or obtain unauthorized access to our computer systems or those of any other person or company;
  • Infringe our patent, trademark, service mark, copyright, or other intellectual property rights or those of any other person or company;
  • Sell, share, lease, or in any way transfer your account password, username, or any other account information to any third party.

Monitoring/Removal of Information

We do not and cannot monitor all profiles, photos, comments, posts, or any other information submitted by Users. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF PROFILES, PHOTOS, COMMENTS, OR ANY OTHER USER SUBMITTED INFORMATION, however, we reserve, and you agree we have, the right to monitor any and all postings, photos, and user account information to ensure they adhere to the Terms of Use. We reserve, and you agree we have, the right to remove any profiles, postings, photos, or any other user account information that does not comply with the Terms of Use. We also reserve, and you agree we have, the right to remove or delete the account of any such offender.

Termination of Service

We reserve, and you agree we have, the right to terminate, suspend, or limit your subscription account or certain service features at any time and without notice, for any reason including but not limited to: illegal activities, fraud, deception, harassment, or any other reason we deem valid at our sole discretion. In the case of illegal activities, you may be referred to the appropriate law enforcement agency.

Not Responsible for Interruption of Service

Worker Rental is an internet based business. As inherent to any internet based business, there may be limitations, failures, delays, or other technical problems. Worker Rental is not responsible or liable for any delays or failures or any damages resulting from these problems.

Security

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT AND CONFIDENTIALITY OF YOUR PASSWORD. YOU BARE SOLE RESPONSIBILITY FOR ANY AND ALL ACTIVITY ON YOUR ACCOUNT BY ANYONE USING YOUR ACCOUNT, INCLUDING BUT NOT LIMITED TO THE USE OF YOUR ACCOUNT BY A THIRD PARTY. YOU AGREE TO IMMEDIATELY NOTIFY WORKER RENTAL IF YOUR PASSWORD HAS BEEN COMPROMISED IN ANY WAY.

Interactions with Workers/Members

You bare sole responsibility for your interactions with Workers, Members, and Users of the Site. Although background checks provided by a third party may be available on the Site, mobile app, or other services, Worker Rental does not automatically perform any type of background check on any new or existing Members, Workers, or Users. Worker Rental performs no verification, and makes no representation as to the validity of the information provided by or the background of any of its Members, Workers, or Users. Worker Rental makes no representations or warranties as to the conduct of its Members, Workers, or Users. Although no representations are made by Worker Rental, we reserve, and you agree we have, the right to conduct any criminal background check, obtain a credit report, or perform, directly or through a third party, any other screenings at any time.

Advertisements

Worker Rental may use third party advertising or external links to other internet Sites or resources. You acknowledge and agree that Worker Rental does not warrant, endorse, and is not liable or responsible for any content, availability, information, advertising, statements, or any other materials found on or available from such Sites or resources. Furthermore, any dealings, correspondences, or business transactions, or participation found on or through the Site are solely between you and such third party. You further acknowledge and agree that Worker Rental shall not be held liable or responsible, either directly or indirectly, for any damages, losses, or alleged losses, caused by or alleged to be caused by your use or participation of such third party’s Site, product, or resource. You acknowledge that Worker Rental does not evaluate third party’s links, products, Sites, or services for completeness, accuracy, copyright compliance, validity, or any other aspect of third party’s Site, external links, claims, products, or services.

Workers

Worker Rental does not, in any way, endorse any Worker, nor is it responsible or liable for any data, content, pictures, or any other information about any Worker or on any Worker’s profile. Worker Rental makes no claims, warranties, inferences, or statements as to any Worker’s skills, mannerisms, quality of workmanship, competency, reliability, punctuality, conduct, or general ability to complete any task in which a Worker is engaged by a Member to complete, or any other describing factor about any Worker. YOU ACKNOWLEDGE AND AGREE THAT WORKER RENTAL IS NOT LIABLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED BY, EITHER DIRECTLY OR INDIRECTLY, YOUR DEALINGS WITH ANY WORKER. YOU ACKNOWLEDGE AND AGREE THAT ANY DEALINGS YOU HAVE WITH A WORKER ARE STRICTLY BETWEEN YOU AND THE WORKER AND DO NOT INVOLVE WORKER RENTAL IN ANY MANNER AND YOU ACKNOWLEDGE, AND AGREE TO RELEASE WORKER RENTAL FROM ANY AND ALL LIABILITY FOR, OR RELATING TO, ANY DEALINGS OR INTERACTIONS WITH ANY WORKER.

Members

Worker Rental does not, in any way, endorse or make any representation or claims on any User’s intent in communicating with, or engaging any Worker for services. Worker Rental makes no representations as to a Member’s conduct or ability to pay or timeliness in payment for any service a Worker may provide to a Member. YOU ACKNOWLEDGE AND AGREE THAT WORKER RENTAL IS NOT LIABLE OR RESPONSIBLE, EITHER DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSSES CAUSED BY, OR ALLEGED TO BE CAUSED BY, EITHER DIRECTLY OR INDIRECTLY, A WORKER’S DEALINGS WITH ANY MEMBER. YOU ACKNOWLEDGE AND AGREE THAT ANY DEALINGS YOU HAVE WITH A MEMBER ARE STRICTLY BETWEEN YOU AND THE MEMBER AND DO NOT INVOLVE WORKER RENTAL IN ANY MANNER AND YOU ACKNOWLEDGE AND AGREE TO RELEASE WORKER RENTAL FROM ANY AND ALL LIABILITY FOR, OR RELATING TO, ANY DEALINGS OR INTERACTIONS WITH MEMBERS.

User Feedback

Although we are more than happy to answer any questions you might have on how to make the most of your Worker Rental experience, it is our strict policy to not accept suggestions, creative ideas, or any materials other than what which we specifically ask to receive. If, despite our request, you submit any suggestions, creative ideas, or any materials, such submissions will immediately become the sole property of Worker Rental and Worker Rental will not be liable for future use of such submissions.

Mobile Access

These Terms of Use apply when you access the Site using a mobile phone, smartphone, or other mobile device (each a “Mobile Device”). We will not charge you to access the Site using a Mobile Device. However, you acknowledge that your Mobile Device access service provider may charge you access rate and fees.

Disclaimer

This Site and all of the information it contains is provided for informational purposes only on an “as is” basis and could include technical, typographical, or other errors. Worker Rental makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability of services. Worker Rental has no control over, and has no responsibility for how the Site, mobile apps, any other service, or its Workers and Members, will affect you or your business,

WORKER RENTAL, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THIS SITE AND YOUR USE THEREOF. WORKER RENTAL AND ITS AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEB SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (IV) ANY BUGS, VIRUSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. WORKER RENTAL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WORKER RENTAL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND MEMBERS OR WORKERS OR THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Release

You agree that your use of this Site is at your sole risk. To the fullest extent permitted by law you assume total responsibility and release Worker Rental, its employees, agents, and third party partners from any liability, for your use of the Site and any linked websites. Your sole remedy against Worker Rental for dissatisfaction with the Site or any content is to stop using the Site or any such content. This limitation of relief is a part of the bargain between the parties.

You acknowledge and agree that Worker Rental nor its employees, agents, or third party partners are liable to you for any losses or damages, including personal injury or death, as a result or alleged to be the result, directly or indirectly, of:

  1. Any inaccurate, erroneous, or fraudulent information posted on the Site;
  2. Any delays, omissions, removals, or deletions related to information posted, or to be posted, on the Site;
  3. The behavior or conduct of any Worker or Member, whether online or offline; or
  4. Any damages to any electronic device, hardware, software, wiring, or components from using the Site, mobile app, or other offered services.

Indemnity

By using this Site you agree that you will defend, indemnify, and hold harmless Worker Rental and its employees, agents, directors, officers, and shareholders from and against all the liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of your use of this Site, your breach or alleged breach of these Terms of Use, or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. Worker Rental reserves the right 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 Worker Rental’s defense of such claim.

Copyright and Trademarks

This Site, including all materials, is protected by worldwide copyright laws and treaty provisions whether or not a copyright notice is present on the materials. All text, images, graphics, animation, videos, music, sounds, and other materials on this Site are subject to the copyrights and other intellectual property rights of Worker Rental. You agree to comply with all copyright laws worldwide in you use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, Worker Rental does not grant any express or implied right to you under any patents, trademarks, or copyrights.

Subject to your continued compliance with these Terms of Use, Worker Rental grants you a non-exclusive, non-transferable, limited right to access and use this Site and the information, images, and text (“materials”) on the Site. You agree not to dispute Worker Rental’s claim of ownership or validity of its rights in the materials on this Site.

The names and all trademarks and logos of Worker Rental displayed on this Site are owned or used under license by Worker Rental. The unauthorized use of any trademark displayed on this Site is strictly prohibited.

United States Site

Worker Rental administers this Site from Ohio, United States of America and this Site is only intended for viewing in the United States. All materials and information contained on this Site apply to the United States market only. Worker Rental makes no representation that the Site is appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at you own initiative and are responsible for compliance with applicable laws. You agree to comply with all export and re-export laws, restrictions, and regulations of your government in connection with your use of the Site.

Changes to the Site

Worker Rental reserves the right to change, modify, suspend, discontinue, or permanently cancel this Site’s operation or portions thereof without any notice to you, including but not limited to product specifications or prices, at any time and from time to time, without notice and without incurring any obligations. Your use of this Site after any changes are posted will be considered acceptance of such changes.

Miscellaneous

These Terms of Use supersede all prior or contemporaneous communications, whether electronic, oral, or written between you and us with respect to the Site. The Site is operated from Worker Rental’s offices in the United States of America. These Terms of Use are governed by, and construed in accordance with, Ohio laws, regardless of principles of conflict of laws that may require the application of the laws of another jurisdiction. If a court determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and the remaining terms and conditions will remain in force and effect. Worker Rental’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. All lawsuits from or relating to these Terms of Use shall be brought in the Federal or State courts located in Cuyahoga County, Ohio, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

 

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