Terms Of Service
Updated July 1, 2021
Acceptance of Terms of Service
These Terms of Service (“TOS” or “Terms”) are a binding legal agreement between you and Worktempl, Inc., a corporation incorporated under the laws of Delaware with an office at 548 Market Street, San Francisco, California 94104 (“Worktempl”, “Worktempl.com”, “we,” “us” or “our”). The TOS govern your use of our website, resources and services for residents including homeowners, residents, business owners, employers and other individuals who may use our site to find workers of all types (collectively, “Resident(s)”); individuals and businesses of any size who may use our site to find gigs, jobs, projects, volunteer or other work of any type (“Worker(s)”); and Residents and Workers to find and communicate with each other, and arrange for the provision of work services (collectively, our “Worktempl Connection Service”).
The TOS govern all use of the Worktempl Connection Service, whether you access it from our website at https://www.worktempl.com (or any local version, sub-site or community), or our mobile applications and mobile websites, our Facebook application, our Instagram application, or any other access point we make available to you (the “Site”). BY AGREEING TO THESE TERMS DURING THE MEMBERSHIP SIGN-UP PROCESS OR ACCESSING OR USING THE WORKTEMPL CONNECTION SERVICE WITH OR WITHOUT A MEMBERSHIP, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE WORKTEMPL CONNECTION SERVICE.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Worktempl Connection Service through your account to this Agreement, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these TOS, you must not accept this TOS and may not use the Worktempl Connection Service.
You understand and agree that we may change the TOS from time to time, and that any such changes will be effective when we update the TOS on the Worktempl Connection Service, unless otherwise required by applicable law. Your continued access and use of the Worktempl Connection Service after we post the modified TOS will constitute your consent to be bound by the most recently updated version of the TOS.
Worktempl Connection Service
WORKTEMPL IS A PLATFORM AND IS NOT A PARTY TO ANY SERVICES AGREEMENT OR OTHER TRANSACTION BETWEEN USERS OF THE SITE.
The Worktempl Connection Service consists of a desktop Web application, mobile application, and other tools and services that Residents and Workers can use to find, communicate and connect with each other. The Worktempl Connection Service provides a connection point between Workers and Residents (Workers and Residents, each a “User” or “Member” and together, “Users” or “Members”), including our Worktempl message system, a Community Message board and calendar, worker profiles, Volunteer event posts, Homeowner Gig & Project posts, and Employer Job posts. We charge membership fees for some aspects of the Worktempl Connection Service, as described below. You understand and agree that Worktempl’s primary purpose and goal is to connect Workers and Residents within very small, close-knit communities.
Worktempl is an online community gathering space for local Workers and Residents to connect. Worktempl does not provide work services to Residents. We make no representations or warranties about the quality of work or other services provided by Workers (“Worker Services”), the character or work ethic of the worker, or about the interactions and dealings between Workers and Residents. Workers listed on our Worktempl site are not under the direction or control of Worktempl, and Workers determine using their own discretion how to provide Worker Services. We provide general guidance on our Worktempl site to Workers about safety and care, and also to Residents about selecting, performing due diligence and effectively engaging Workers. However, Worktempl does not employ, recommend or endorse Workers or Residents, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Workers or Residents, whether online or offline.
Identity Validation of Users. We conduct an initial cursory review of Worker and Resident profiles and we perform identity validation as described below on all Worktempl members, but, except where explicitly specified in the Worktempl Connection Service, and then only to the extent specified, do not otherwise screen or verify Workers or Residents in any way. We validate the identity of our members solely by asking them to enter their cellular number or email address and then enter a 4 or 6-digit code, or login using their Facebook or Google accounts, during the signup phase. Worktempl does not verify the identity of any members. This is the only type of identity validation that Worktempl performs. Workers and Residents should exercise caution and use their independent judgment before engaging a Worker, providing Worker Services, or otherwise interacting with other Worktempl members via the Worktempl Connection Service. Residents and Workers are solely responsible for making decisions that are in the best interests of themselves, their homes, families and businesses. We encourage homeowners and employers to perform appropriate due diligence on the worker(s) they retain. See Performing Due Diligence on Workers below.
Release. Worktempl has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Workers or Residents, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF WORKER SERVICES AND THE WORKTEMPL CONNECTION SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.
Dealings are between Residents and Workers. The Worktempl Connection Service may be used to find and offer Worker Services, but all dealings and transactions conducted via the Worktempl Connection Service are between Residents and Workers, including payment transactions, verification of licenses, permits and insurance, immigration status, and tax documents. This includes but is not limited to an IRS 1099 form and verification of I-9 immigration status. You agree that Worktempl has no liability for damages associated with Worker Services (which may include bodily injury to, or death of, an individual human or pet, or damage to the resident’s property) or resulting from any other transactions between users of the Worktempl Connection Service. Residents and Workers transact with each other outside of the Worktempl Connection Service when they both agree to a project, job, or gig. The Worktempl site does not contain any booking or payment mechanism between the Worker and Resident.
Performing Due Diligence on Workers. Residents are solely responsible for evaluating the suitability of Workers for the services they offer to provide. Please visit our Blog page for guidance about making informed decisions about engaging Workers. Though Worktempl performs a cursory review of Worker profiles and facilitates Identity validation via Facebook, Google, email and/or SMS text, any such screening is very limited, and Worktempl does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, Worktempl does not endorse reviews of Workers by other Residents that may be available via the Worktempl Connection Service, and Worktempl makes no commitments that such reviews are accurate or legitimate. Residents are responsible for validating any licenses, certifications, insurance, bonds, or other claims by the Worker. Worktempl does NOT routinely validate this type of information. Worktempl will use best efforts to validate state contractor’s licenses or other professional licenses (that are publicly available to verify online) claimed by Workers that are publicly available to check, and indicate on the Worker’s profile, if requested by the Worker to verify, that the license was verified by Worktempl and the date of verification. However, Resident should perform their own validation of this type of information and not rely on the verification check by Worktempl. Residents are also responsible for verifying the Worker’s employment eligibility status in the United States, as well as providing any required IRS tax documents including but not limited to a 1099 form.
No Background Checks Required.
Worktempl does not mandate background checks on Workers or Residents, nor does Worktempl perform identity verification or background checks on any Workers or Worktempl Members. Worktempl acts as a connection point between Workers and Residents only. Worktempl does however encourage Workers or Residents to perform a background check on the Worker for certain types of Worker Services, including but not limited to certain specialties within the Care Provider work category. Worktempl makes available on the site a third party vendor application that may be used by the Worker to enter his or her personal information to conduct a background check. The Worker (or Resident if agreed upon between the Worker and Resident) is responsible for payment to the vendor. Worktempl does not see or maintain any personally identifiable information input into the background check system, nor does Worktempl see the results of the background check. Worktempl does not provide, and is not responsible or liable in any manner for, the background checks, and we do not endorse or make any representations or warranties regarding the reliability of such background checks or the accuracy, timeliness or completeness of any information in the background checks. We do not independently verify information in the background checks.
If a Worker undergoes a background check via the third party service icon on the Worktempl Connection Service, the Worker understands that he or she may provide the results of the background check to another Resident, and that that transaction is solely between Worker and Resident. You understand and agree that Worktempl does not see the results of, or review any information in the background check, nor does Worktempl indicate in Your Profile Content whether or not you had a background check.
If you are the subject of a background check, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Worktempl’s rights and obligations under the Arbitration Agreement inure to the benefit of the consumer reporting agency used for background checks in respect of any claim that would be subject to the Arbitration Agreement if brought against us.
Residents remain fully responsible to evaluate and investigate their Workers. Be aware of the following limitations in background checks: Except as otherwise expressly provided in these TOS or through the Worktempl Connection Service, background checks may vary by type, breadth and depth. Records not available to third-party background check agencies will not be included in the results. Not all arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are available in all jurisdictions. In many jurisdictions there is a delay before arrest logs and records, conviction and correction records, sex offender registries and motor vehicle records are included in Background Checks. Juvenile records and offenses for minors may not appear in the public record and are therefore not included in the results. Dismissed cases, arrests not resulting in convictions, arrests or convictions in foreign countries and nolle prosequi (abandonment of prosecution) may not be reported. Traffic violations are not included unless a jurisdiction reports them as criminal offenses. In the jurisdictions where traffic violations are reported as criminal offenses, such traffic violations may be included in the results as misdemeanors or felonies.
Calendars. Use of the Worktempl Connection Service with a Premium membership has the optional use of calendars by the Worker, and also by non-profit businesses and other Residents related to the Community Calendar. By opting to use this calendar feature, Workers and Residents agree to keep the calendar current and up to date using your best efforts. Any misleading or unauthorized use of the calendar may result in your suspension or termination from the Worktempl Connection Service. Worktempl does not review or confirm that Worker’s or Resident’s calendars are up to date or accurate, nor do these calendars constitute any type of booking service offered by Worktempl.
Compliance with Applicable Laws. By accessing the Site and using the Worktempl Connection Service, you certify that you are at least 14 years of age or the age of majority in your jurisdiction, whichever is higher, and will comply with all laws and regulations applicable to your activities conducted through, or related to, the Worktempl Connection Service. For Residents, this means, among other things, that you have obtained or will obtain any required building permits or licenses necessary to complete the Worker Services. For Workers, this means, among other things, that you certify that you are legally eligible to provide your designated Worker Services in the jurisdiction where you provide Worker Services; that you have complied and will comply with all laws and regulations that are applicable to you, including eligibility to work in the United States; that you have obtained all business licenses, business tax registrations, and permits, including minor work permits, necessary to legally provide the Worker Services.
You acknowledge that Worktempl is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
Use of the Worktempl Connection Service; Suspension. Your conduct on the Worktempl Connection Service matters. When you use the Worktempl Connection Service, you agree:
- To use the Worktempl Connection Service only in a lawful manner and only for its intended purposes
- Not to use the Worktempl Connection Service to arrange for Worker Services related to anything that is prohibited under applicable law or not included in one of the 10 Work Categories on the site
- Not to submit viruses or other malicious code to or through the Worktempl Connection Service
- Not to use the Worktempl Connection Service, or engage with other users of the Worktempl Connection Service, for purposes that violate the law
- Not to use another Resident’s or Worker’s membership or profile to the Worktempl Connection Service to contact or otherwise arrange for Worker Services
- Not to use the Worktempl Connection Service for purposes of competing with Worktempl or to promote other products or services
- Not to post reviews about Workers that aren’t based on your personal experience, that are intentionally inaccurate or misleading, or that violate these TOS
- To use the Community Message Board to post only goods or events that benefit the community and to follow the Message Board Rules
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others
- Not to post spam or other unauthorized commercial communications.
- To use the Worktempl Connection Service only for your own purposes, and not to impersonate any other person
- Not to transfer or authorize the use of your account for the Worktempl Connection Service by any other person, or to engage in fraudulent transactions
- Not to provide false information in your profile on, or registration for, the Worktempl Connection Service, or to create multiple or duplicate accounts
- Not to interfere with our provision of, or any other user’s use of, the Worktempl Connection Service
- Not to solicit another user’s username and password for the Worktempl Connection Service or any other sensitive personal information, including bank details
Suspension and Termination. You understand and agree that Worktempl has no obligation to provide the Worktempl Connection Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Worktempl Connection Service if in our discretion your conduct on the site or Worktempl Connection Service is inappropriate, unsafe, dishonest, or in breach of these Terms; or if necessary in our discretion to protect Worktempl, its users, Workers, Residents, or the public. You may suspend or terminate your use of the Worktempl Connection Service at any time and for any reason. If you wish to deactivate your account, please contact Worktempl. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
Registration and Membership. In order to use most of the functionality of the Worktempl Connection Service, you will be required to create a username, password, and user profile. If you elect to use the Worktempl Connection Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Worktempl suspends or terminates your account, not to create additional accounts). You agree that you reside in, or own property, in or near the particular Worktempl community(ies) that you are joining. You are responsible for maintaining the confidentiality of your username and password for the Worktempl Connection Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
Your Profile Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Site or otherwise in connection with using the Worktempl Connection Service and/or participating in promotional campaigns we conduct on the Site (collectively, “Your Profile Content”). For example, Workers are invited to create a profile page with a photograph and other information and to transmit photos of their work, while Residents may submit reviews of Workers.
Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Profile Content, you hereby waive, and release Worktempl and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Profile Content in accordance with the license and the other provisions of these TOS.
Your Representations and Warranties about Your Profile Content. You represent and warrant that (1) you are the owner or licensor of Your Profile Content, and that you have all rights, consents and permissions necessary to grant the license and make the release with respect to Your Profile Content, (2) that you have any necessary consents and releases from individuals who appear in Your Profile Content; and (3) Your Profile Content does not violate the law or these TOS.
Right to Remove or Screen Your Profile Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Profile Content on the Worktempl Connection Service. Our enforcement of these TOS with respect to Your Profile Content is at our discretion, and failure to enforce the TOS in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Profile Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Profile Content. It is your sole responsibility to maintain backup copies of Your Content.
Consent to Autodialed Text Messages. You consent to Worktempl communicating with you about the Worktempl Connection Service by SMS, text message, email and other electronic means, including autodialed text messages containing sign up or other service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier's normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Worktempl Connection Service, and you may opt-out of receiving these messages at any time as described in our Privacy Statement (though you may continue to receive messages while Worktempl processes your request). In the event you deactivate a mobile phone number provided to us, you agree to update your Worktempl account information promptly to ensure that messages are not sent to the person who acquires your old number.
Membership Fees & Payment. Residents and Workers may become a Worktempl member and pay nominal membership fees on a monthly or annual basis to participate in the Worktempl Connection Service. The only fees that are charged to Workers who are individuals is to upgrade their profile from a Basic to Premium profile. If the worker chooses not to upgrade to the Premium profile, then all other functionality within the Worktempl site will be free to the individual Worker, including posting a basic profile, using the Community Message Board, searching Employer Job Posts, and searching Homeowner Gig and Project posts. The individual Worker benefits from upgrading to Premium by being able to have a photo gallery, full descriptive bio, link to website and social media, calendar of availability, ability to sponsor your profile, and Google Maps radius of work.
Service Fees. We charge optional service fees in addition to the membership fees for some aspects of the Worktempl Connection Service such as post sponsorships.
Authorization to Charge. When you become a Premium member of Worktempl, you will be required to provide our third party payment vendor with valid, up-to-date credit card or other payment information and to maintain that payment information (or an acceptable alternative payment method) on file with your account so long as you are a member. Worktempl does not store any of your payment information on our site or servers owned or hosted by Worktempl or its third party vendors. You authorize our third party payment vendor to charge your credit card or other payment method for membership fees, recurring subscription fees and other additional services such as sponsorships, and to charge any alternative payment method they have on record for you in the event your primary payment method is expired, invalid, or otherwise not able to be charged. You are responsible for maintaining up-to-date payment information with our third party payment vendor. Except as expressly provided in these TOS, all fees paid via the Worktempl Connection Service are non-refundable once paid.
Third Party Payment Processor. You should be aware that Worktempl may use a third-party payment processor to link Worktempl to your credit card account. The processing of payments, as applicable, in connection with your use of the Worktempl Community Service will be subject to the terms, conditions, and privacy policies of the third party payment processor and your credit card issuer in addition to this TOS. Worktempl is not responsible for any errors by the third party payment processor or your credit card issuer.
Taxes. You acknowledge that you are solely responsible to pay any applicable taxes that arise as a result of your purchase, provision, or use of the Worktempl Connection Service. This includes, without limitation, any form of sales tax, VAT, or income tax on fees paid or received by you through the Worktempl Connection Service.
Licenses and certifications. You acknowledge that you hold any required licenses or certifications required to perform the type of work you choose to perform for other Members, and that what you disclosed in Your Profile Content is true and correct. WORKTEMPL DOES NOT VERIFY ANY LICENSES OR CERTIFICATIONS, UNLESS EXPRESSLY INDICATED WITH A BLUE VERIFICATION CHECK MARK ON THE WORKER CONTENT PROFILE.
Insurance coverage and bonds. You acknowledge that you possess any required insurance coverage or bonding to perform the Worker Services and that information you disclose in Your Profile Content is true and correct. WORKTEMPL DOES NOT VERIFY WORKER INSURANCE OR BOND COVERAGE.
Copyright Infringement. Worktempl follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or other intellectual property rights. If you believe in good faith that your copyrighted work has been infringed by content posted on the Worktempl Connection Service, provide our designated copyright agent with a written notice that includes all of the following information: A description of the copyrighted work you believe to have been infringed; a description of the URL or other location on our Site of the material you believe to be infringing; your name, mailing address, telephone number and email address; a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and an electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our designated agent for notice of copyright infringement can be reached at:
Attention: Copyright Notice
548 Market Street, San Francisco, CA 94104-5401
Third Party Services, Links. The Worktempl Connection Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Indemnity. TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD WORKTEMPL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) TRANSACTIONS AND INTERACTIONS, ONLINE OR OFFLINE, WITH OTHER USERS OF THE WORKTEMPL CONNECTION SERVICE; (2) BREACH OF THESE TOS; (3) DISPUTES WITH OTHER USERS OF THE WORKTEMPL CONNECTION SERVICE; (4) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW; (5) PROPERTY DAMAGE OR PERSONAL INJURYTHAT MAY OCCUR AS THE RESULT OF THE WORKTEMPL CONNECTION SERVICE (6) YOUR PROFILE CONTENT; OR (7) YOUR use of any background check or identify verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
Worktempl Connection Service. Worktempl and its licensors retain all right, title and interest in and to the Worktempl Connection Service, the technology and software used to provide it, all electronic documentation and content available through the Worktempl Connection Service (other than Your Content), and all intellectual property and proprietary rights in the Worktempl Connection Service and such technology, software, documentation and content. Except for your rights to access and use the Worktempl Connection Service set forth in these TOS, nothing in these TOS licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Worktempl Connection Service any feedback or suggestions for improvement that you provide to us concerning the Worktempl Connection Service, without any obligation of compensation.
Worktempl Trademarks. Worktempl owns all rights in and to its trademarks, service marks, brand names and logos (the “Worktempl Marks”). If you are a Worktempl member, then Worktempl grants you, for so long as you are in good standing on the Worktempl Connection Service, a limited, revocable, non-exclusive, non-transferable license to use the Worktempl Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.) and/or (2) in any other manner specifically authorized in writing via the Worktempl Connection Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Worktempl Marks inures solely to the benefit of Worktempl, and (2) such license immediately terminates upon your ceasing to be a Worktempl member in good standing, whether at your own option or because Worktempl suspends or terminates your rights to use the Worktempl Connection Service.
Warranty Disclaimer for the Worktempl Connection Service. The information and materials found on the Worktempl Connection Service, including text, graphics, information, links or other items, are provided "as is" and "as available." Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Worktempl Connection Service, but not directly by Worktempl, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKTEMPL DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE WORKTEMPL CONNECTION SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN WORKTEMPL; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE WORKTEMPL SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WORKTEMPL EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE WORKTEMPL SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY WORKER THAT OFFERS WORK SERVICES VIA THE WORKTEMPL SERVICE.
Limitation of Liability.
Exclusion of Certain Types of Damages. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WORKTEMPL BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY BUSINESS LOSSES, OR LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL OR OTHER SIMILAR LOSSES OR EXPENSES THAT ARISE OUT OF OR RELATE TO THE USE OF OR INABILITY TO USE THE WORKTEMPL CONNECTION SERVICE, INCLUDING WITHOUT LIMITATION DAMAGES RELATED TO ANY INFORMATION RECEIVED FROM THE WORKTEMPL CONNECTION SERVICE, REMOVAL OF YOUR PROFILE INFORMATION OR REVIEW (OR OTHER CONTENT) FROM THE WORKTEMPL CONNECTION SERVICE, ANY SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE WORKTEMPL CONNECTION SERVICE, OR ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OF THE WORKTEMPL CONNECTION SERVICE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES, LOSSES OR EXPENSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limit on Our Liability to You. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL WORKTEMPL’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM OR RELATING TO THE WORKTEMPL SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO WORKTEMPL (SPECIFICALLY EXCLUDING AMOUNTS PAID TO WORKERS) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID WORKTEMPL FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
No Liability for non-Worktempl Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKTEMPL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE WORKTEMPL SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE WORKTEMPL SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE WORKTEMPL SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH A WORKER OR RESIDENTS, YOU AGREE TO RELEASE WORKTEMPL FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN NO EVENT WILL WORKTEMPL BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A RESIDENT OR WORKER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH WORKTEMPL AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration Agreement; Claims. This Section is referred to as the "Arbitration Agreement” in these TOS. You and Worktempl (together, the “Parties”) agree that any and all disputes or claims that arise between you and Worktempl relating to the Worktempl Connection Service, interactions with others on the Worktempl Connection Service, and/or these TOS (including any alleged breach of these TOS) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of the language above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
Agreement to Arbitrate. You agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND WORKTEMPL AGREE THAT EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW) 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 WORKTEMPL AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), 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). ANY RELIEF AWARDED CANNOT AFFECT OTHER WORKTEMPL SERVICE USERS.
Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at info@Worktempl.com or by mail at 548 Market Street, San Francisco, CA 94104-5401. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted in English by a neutral arbitrator in accordance with your choice of the JAMS Streamlined Arbitration Rules and Procedures (the JAMS Rules) or the Rules of the International Center for Dispute Resolution (the ICDR Rules), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. The JAMS Rules are available at https://www.jamsadr.com/rules-streamlined-arbitration, and the ICDR Rules are available at https://www.icdr.org/rules_forms_fees, and both Rules are incorporated in these TOS by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. If there is any inconsistency between the Rules and this Arbitration Agreement, the 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 TOS as a court would, including without limitation, the limitation of liability provisions. 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 TOS and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are binding and enforceable in court and may be overturned by a court only for very limited reasons.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Worktempl, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Worktempl will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Worktempl will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Worktempl for all fees associated with the arbitration paid by Worktempl on your behalf that you otherwise would be obligated to pay under the JAMS or ICDR Rules.
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.
Severability. If any term, clause or provision of this Arbitration Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Arbitration Agreement will remain valid and enforceable.
Future Changes to this Arbitration Agreement. Notwithstanding any provision in these TOS to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Worktempl prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these TOS, such termination will not be effective until 30 days after the version of these TOS not containing the Arbitration Agreement is posted to the Site, and will not be effective as to any claim that was filed in a legal proceeding against Worktempl prior to the effective date of removal.
Governing Law and Jurisdiction. For users in the United States and Canada, these TOS, and any dispute between you and Worktempl, will be governed by the laws of the State of California, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of the Arbitration Agreement. Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Worktempl must be resolved exclusively by a state or federal court located in the State of California. You and Worktempl agree to submit to the personal jurisdiction of the courts located within the State of California, County of Sacramento, for the purpose of litigating all such claims or disputes.
Force Majeure. Worktempl shall not be liable for any delay or failure to perform in connection with any Worktempl Connection Service, Worktempl Connection Service or in the performance of any obligation hereunder, if such delay or failure is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labor disputes, fires, floods, laws, regulations, acts, demands or and orders of any government or agency, illness or incapacitation of Worker, or any other cause which is beyond the control of Worktempl. Worktempl is hereby released by you from any claim or demand for any direct or consequential damages arising out of failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.
Prevailing Language. The English language version of the TOE will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.
Miscellaneous. Nothing in these TOS will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These TOS are non-exclusive and do not prohibit Workers from offering Work Services via other means or third parties. The invalidity, illegality or unenforceability of any term or provision of these TOS will in no way effect the validity, legality or enforceability of any other term or provision of these TOS. In the event a term or provision is determined to be 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 these TOS will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Contacting Worktempl. If you have any questions about these Terms, please contact Worktempl at Info@worktempl.com.