ব্যবহারের শর্তাবলী
গুরুত্বপূর্ণ নোটিশ: এই চুক্তিতে একটি বাধ্যতামূলক সালিসি বিধান এবং ক্লাস অ্যাকশন মওকুফ রয়েছে। এটি আপনার
আইনগত অধিকারগুলিকে প্রভাবিত করে যা নীচের সালিসি এবং শ্রেণী অ্যাকশন মওকুফ বিভাগে বিশদভাবে বলা হয়েছে৷ দয়া করে সাবধানে পড়ুন।
এই শর্তগুলির সম্মতি
এই ব্যবহারের শর্তাবলী চুক্তি (“শর্তাবলী”), যার মধ্যে রয়েছে বাধ্যতামূলক সালিসি এবং শ্রেণী অ্যাকশন ওয়েভার,
হেডলেবার দ্বারা উপলব্ধ প্ল্যাটফর্মে আপনার অ্যাক্সেস, ব্যবহার এবং অংশগ্রহণকে নিয়ন্ত্রণ করে৷
(“হেডলেবার,” “আমরা,” “আমাদের,” বা “আমাদের”) অথবা হেডলেবার এর মাধ্যমে এবং হেডলেবার এর সাথে আপনার সম্পর্কের সম্পূর্ণতা। যোগ্যতা, পরিষেবা সদস্যের প্রতিনিধিত্ব, ওয়ারেন্টি এবং প্ল্যাটফর্মের ব্যবহারে বিশদ বিবরণ
নীচের বিভাগে, আপনি যদি একজন পরিষেবা সদস্য হন, আপনি বুঝেন এবং অনুমোদন করেন হেডলেবারকে আপনার তথ্য ব্যবহার করার জন্য
ব্যাকগ্রাউন্ড চেক এবং ব্যবসায়িক ক্রেডিট চেকগুলি তার ব্যবহারকারীর প্রতিষ্ঠানের কাছ থেকে প্রাপ্ত করার জন্য৷
শর্তাবলী পুঙ্খানুপুঙ্খভাবে এবং সাবধানে পড়ুন. প্ল্যাটফর্ম ব্যবহার করে, আপনি এই শর্তাবলী দ্বারা আবদ্ধ হতে সম্মত হন। আপনি যদি
এই শর্তাবলীতে সম্মত না হন, তাহলে আপনি প্ল্যাটফর্মটি অ্যাক্সেস বা ব্যবহার করতে পারবেন না।
প্রযোজ্য হিসাবে “আপনি” বা “আপনার”-এর সমস্ত রেফারেন্স মানে সেই ব্যক্তি যিনি প্ল্যাটফর্ম অ্যাক্সেস করেন, ব্যবহার করেন এবং/অথবা অংশগ্রহণ করেন, এবং আপনার প্রতিটি
উত্তরাধিকারী, নিয়োগ এবং উত্তরাধিকারী। আপনি যদি কোনো সত্তার পক্ষে প্ল্যাটফর্ম ব্যবহার করেন, তাহলে আপনি প্রতিনিধিত্ব করেন এবং ওয়ারেন্টি দেন যে সেই সত্তাকে আবদ্ধ করার ক্ষমতা আপনার আছে, আপনার
শর্তাবলীর স্বীকৃতি সেই সত্তার দ্বারা একটি গ্রহণযোগ্যতা বলে গণ্য হবে এবং এখানে “আপনি” এবং “আপনার” সেই সত্তা, এর পরিচালক, কর্মকর্তা, কর্মচারী
এবং এজেন্টদের উল্লেখ করবে।
পরিবর্তন
Head Labour অধিকার সংরক্ষণ করে, তার নিজস্ব বিবেচনার ভিত্তিতে, এই শর্তাবলী এবং এখানে রেফারেন্স দ্বারা সংযোজিত অন্য যেকোন নথিগুলিকে, যে কোন সময় এবং
পূর্ব বিজ্ঞপ্তি ছাড়াই সংশোধন করার। Head Labour আপনাকে Head Labour ব্যবহারের শর্তাবলী ওয়েবসাইটে পোস্ট করে, আপনাকে একটি বার্তা পাঠিয়ে, এবং/অথবা অন্যথায় আপনি
যখন আপনার অ্যাকাউন্টে লগ ইন করবেন তখন আপনাকে অবহিত করবে। পরিবর্তনগুলি কার্যকর হবে 30 (30) দিন পরে (a) পরিবর্তনগুলি
প্ল্যাটফর্মে পোস্ট করার প্রথম দিকে; (খ) পরিবর্তনগুলি সম্পর্কে হেডলেবার আপনাকে একটি বার্তা প্রেরণ করেছে; অথবা (c) আপনি যখন
আপনার অ্যাকাউন্টে লগ ইন করেন তখন আপনাকে অন্যথায় অবহিত করা হয়। ত্রিশ (30) দিনের মেয়াদ শেষ হওয়ার পরে আপনার প্ল্যাটফর্মের ব্যবহার পরিবর্তনগুলিতে আপনার সম্মতি গঠন করবে। রাজি না হলে,
আপনি প্ল্যাটফর্ম অ্যাক্সেস বা ব্যবহার করতে পারবেন না।
অতিরিক্ত শর্তাবলী এবং নীতি
Head Labour-এর গোপনীয়তা নীতি পর্যালোচনা করুন, এখানে রেফারেন্স দ্বারা অন্তর্ভুক্ত করা হয়েছে, Head Labour-এর সংগ্রহ এবং আপনার
তথ্য ব্যবহার সংক্রান্ত তথ্য এবং নোটিশের জন্য। Head Labour বা আমাদের টেক্সট বার্তা পরিষেবা প্রদানকারীর দ্বারা পাঠ্য বার্তাগুলির বিধান এবং বিতরণ আমাদের SMS শর্তাবলী দ্বারা নিয়ন্ত্রিত হয়
, যা এখানে স্পষ্টভাবে অন্তর্ভুক্ত করা হয়েছে। হেডলেবার গ্যারান্টি হেডলেবার গ্যারান্টির নিয়ম ও শর্তাবলী দ্বারা নিয়ন্ত্রিত হয়, যা
এখানে স্পষ্টভাবে অন্তর্ভুক্ত করা হয়েছে। আপনার প্ল্যাটফর্মের ব্যবহার এবং আপনার এবং
তৃতীয় পক্ষের সাথে আমাদের মিথস্ক্রিয়া নিয়ন্ত্রণ করে এমন মূল হেডলাবার নীতিগুলির সম্পূর্ণ সেট পর্যালোচনা করুন। প্ল্যাটফর্মে এবং/অথবা পণ্যগুলির নির্দিষ্ট কিছু ক্ষেত্রে বিভিন্ন শর্তাবলী পোস্ট করা থাকতে পারে বা আপনার সাথে একমত হওয়া প্রয়োজন হতে পারে এবং
অতিরিক্ত শর্তাবলী বা নীতি গ্রহণ করুন। যদি এই শর্তাবলী এবং একটি নির্দিষ্ট এলাকা বা পণ্যের জন্য পোস্ট করা শর্তাবলী বা নীতিগুলির মধ্যে বিরোধ থাকে
, তাহলে সেই এলাকা বা পণ্যের আপনার ব্যবহারের ক্ষেত্রে পরবর্তীটি অগ্রাধিকার পায়।
মূল শর্তাবলী
“সম্মিলিত বিষয়বস্তু” মানে ব্যবহারকারীর বিষয়বস্তু এবং হেডলেবার কন্টেন্ট একসাথে।
“সামগ্রী” মানে পাঠ্য, গ্রাফিক্স, ছবি, সঙ্গীত, সফ্টওয়্যার, অডিও, ভিডিও, তথ্য, বা অন্যান্য সামগ্রী, যার মধ্যে প্রোফাইল তথ্য, প্রো পরিষেবার অনুরোধ, উদ্ধৃতি, বার্তা থ্রেড, পর্যালোচনা, সময়সূচী
এবং ক্যালেন্ডার তথ্য এবং অন্যান্য সহ কিন্তু সীমাবদ্ধ নয় প্ল্যাটফর্মে বা এর মাধ্যমে উপলব্ধ তথ্য বা উপকরণ। “গ্রাহক সদস্য” মানে একজন সদস্য যিনি প্রো পরিষেবার জন্য কোট পাওয়ার জন্য নিবন্ধিত, প্রো পরিষেবাগুলির জন্য উদ্ধৃতি অনুরোধ, বা অন্যথায় প্রো পরিষেবাগুলির প্রাপ্তি, অর্থ প্রদান, পর্যালোচনা বা সহজতর করার
জন্য প্ল্যাটফর্ম ব্যবহার করেন৷
“সদস্য” মানে একজন ব্যক্তি বা সত্তা যিনি HeadLabour-এর অ্যাকাউন্ট রেজিস্ট্রেশন প্রক্রিয়া সম্পন্ন করেন বা এমন ব্যক্তি বা সত্তা যিনি HeadLabour-এর মাধ্যমে একটি অনুরোধ জমা দেন বা গ্রহণ করেন, যার মধ্যে
পরিষেবা সদস্য এবং গ্রাহক সদস্যদের মধ্যে সীমাবদ্ধ নয়।
“প্ল্যাটফর্ম” মানে সমস্ত HeadLabour ওয়েবসাইট, মোবাইল বা অন্যান্য অ্যাপ্লিকেশন, সফ্টওয়্যার, প্রসেস এবং HeadLabour দ্বারা বা এর মাধ্যমে প্রদত্ত অন্য কোনো পরিষেবা।
“প্রো সার্ভিসেস” অর্থ পরিষেবা সদস্যদের দ্বারা তালিকাভুক্ত, উদ্ধৃত, নির্ধারিত, অফার করা বা প্রদান করা, অথবা প্ল্যাটফর্মের মাধ্যমে গ্রাহক সদস্যদের দ্বারা চাওয়া, নির্ধারিত বা প্রাপ্ত পরিষেবাগুলি
৷
“পরিষেবা সদস্য” মানে একজন সদস্য যিনি প্রো পরিষেবার জন্য কোট পাঠাতে নিবন্ধিত, প্রো পরিষেবাগুলির জন্য উদ্ধৃতি পাঠান, বা অন্যথায় অফার, প্রদান, গ্রহণ করতে প্ল্যাটফর্ম ব্যবহার করেন
জন্য অর্থপ্রদান, বা প্রো পরিষেবার বিধান সহজতর.
“HeadLabour Content” মানে HeadLabour প্ল্যাটফর্মে বা এর মাধ্যমে উপলব্ধ সমস্ত সামগ্রী, যার মধ্যে তৃতীয় পক্ষের কাছ থেকে লাইসেন্সপ্রাপ্ত যেকোন বিষয়বস্তু রয়েছে, কিন্তু ব্যবহারকারীর সামগ্রী ব্যতীত। “ব্যবহারকারীর বিষয়বস্তু” মানে ফটোগ্রাফ, প্রোফাইলের তথ্য, বিবরণ, পোস্টিং, পর্যালোচনা, অনুরোধ
সহ কিন্তু সীমাবদ্ধ নয় এমন সমস্ত বিষয়বস্তু যা প্ল্যাটফর্মের কোনো সদস্য বা অন্য ব্যবহারকারীর দ্বারা প্ল্যাটফর্মে জমা দেওয়া, পোস্ট করা, আপলোড করা, প্রকাশিত, বা প্রেরণ করা হয়েছে।
বার্তা, এবং প্ল্যাটফর্মের মাধ্যমে করা অর্থপ্রদান, কিন্তু HeadLabour বিষয়বস্তু
এবং প্রতিক্রিয়া ব্যতীত।
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and complete. You are solely responsible for safeguarding your HeadLabour password and, if applicable, your Third-Party Site Password. You are solely
responsible for all activity that occurs on your Account, and you will notify HeadLabour immediately of any unauthorized use. HeadLabour is not liable for any
losses by any party caused by the unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of HeadLabour or
others due to such unauthorized use. Your account is nontransferable except with HeadLabour’s written permission and in line with HeadLabour’s policies and
procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, HeadLabour grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license
to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in
connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, or prepare derivative works based upon,
distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or Collective Content,
except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of
Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to
you by implication or otherwise under any intellectual property rights owned or controlled by HeadLabour or its licensors, except for the licenses and
rights expressly granted in these Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or
through the Platform, you hereby grant to HeadLabour a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right
to sublicense, use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access,
view, and otherwise exploit such User Content on, through, by means of or to promote, market, or advertise the Platform or Pro Services, or for any
other purposes in our sole discretion, except that the contents of private messaging through the Platform will not be used by HeadLabour in public
advertising. In the interest of clarity, the license granted to HeadLabour shall survive the termination of the Platform or your Account. HeadLabour does not claim
ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User
Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you
represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or
you have all rights, licenses, consents, and releases that are necessary to grant to HeadLabour the rights in such User Content, as contemplated under
these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or HeadLabour’s use
of your User Content (or any portion thereof) on, through, or by means of the Platform will infringe, misappropriate or violate a third party’s patent,
copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the
violation of any applicable law or regulation. While it has no obligation to do so, you agree that HeadLabour may proofread, summarize or otherwise edit
and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited
Content is accurate and consistent with your representations and warranties in these Terms.
HeadLabour reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider
being objectionable for any reason, in violation of these Terms, or otherwise harmful to the Platform or users, or for any other reason.
PROHIBITIONS
As a user of the Platform, you may not:
• Use another person’s Account, misrepresent yourself or Pro Services offered through the 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 the Platform;
• Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without HeadLabour’s prior written
approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or archives of such material (HeadLabour reserves the right to revoke these exceptions either generally or in
specific cases):
• 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
mirrored, competitive, or third-party site;
• Transmit more request messages through the 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 the Platform’s infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-
party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables, or otherwise interferes with security features of
the Platform; (e) distributes viruses or any other technologies that may harm HeadLabour or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or
other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
• As a Service Member, use the Platform in any manner that circumvents your obligation to pay HeadLabour for access to services provided by the Platform;
• As a Service Member, notwithstanding anything to the contrary contained in these Terms, “sell” any personally identifiable data (as that term is defined by California
Consumer Privacy Act), including but not limited to information related to Customer Members;
Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication
systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Platform;
• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing,
hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, or conduct that would be
considered a criminal offense, or conduct that would give rise to civil liability or violate any law,
Violate any key HeadLabour policies that govern your use of the Platform and our interactions with you and third parties;
• Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides
only products; (b) provides directories or referrals; (c) offers to lend; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with
the business of HeadLabour; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or
unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance, or giveaways; or (i) offers a Pro Service
not reasonably available to a Customer Member or other individual in that Customer Member or individual’s location;
• Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-HeadLabour mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on HeadLabour, (b) offers to purchase a Pro Service or
any other service outside of HeadLabour, or (c) using a profile page or user name to promote services not offered on or through the Platform;
• Take any action that may undermine the efficacy or accuracy of reviews or rating systems;
• Fail to perform Pro Services purchased from you as promised, unless the Customer Member or other individual fails to materially meet the terms of the mutually agreed-upon
agreement for the Pro Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Members or other individual’s identity,
Engage in fraudulent conduct including but not limited to offering to make money transfers with the intent to request a refund of any portion of the payment or soliciting users to
mail cash or use other payment methods prohibited by HeadLabour;
Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;
• Agree to purchase a Pro Service when you do not meet a Service Member’s requirements;
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.
HeadLabour BUDGET, FEES, AND TAXES
In connection with the use of HeadLabour’s Platform, HeadLabour charges certain fees (“HeadLabour Fees” or “Fees”).
Service Members can pay Fees to HeadLabour in order to receive certain services on the Platform, including but not limited to being matched with and receiving contacts from
Customer Members or other individuals. As a Service Member, HeadLabour will automatically charge your stored payment method when those Customer Members or other
individuals contact you. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services. In
order to use HeadLabour, you must have at least one valid payment method stored on file. As described more fully below, you may also be required to set a weekly spending limit or
Budget (as defined below) for at least one service category (which may also apply to contacts in jobs related to your preferences). Except as otherwise described herein, all
sales on HeadLabour are final and non-refundable.
Budget for Service Members. As a Service Member, HeadLabour may require you to set one or more weekly spending limits (“Budgets”) for how much you are willing to spend on
certain Fees over a specific period (“Budget Period”). The types of leads or other Fees that count against your Budget will be disclosed to you at the time you set your Budget.
You understand that HeadLabour may charge your stored payment method in excess of your Budget if such charges relate to Fees not covered by your budget, or if you otherwise
give HeadLabour permission to do so. You will not be charged the Budget amount upfront or automatically – your Budget is not a subscription. Rather, you will be charged Fees (as
further described below) and the types of Fees covered by a Budget will not exceed such Budget without your permission. While HeadLabour may provide an estimate for the
number of customers who may contact you if you set a particular Budget for a particular Budget Period, you acknowledge and agree that any such estimate is not a guarantee,
that HeadLabour does not and cannot control any Customer Member or other individual’s interest in contacting or hiring you, and that actual results will vary.
We will identify the length of the Budget Period when you set your Budget. The length of the Budget Period will not change within a given Budget Period but may be changed for
subsequent Budget Periods. If a Budget Period length changes, you can adjust your Budget. If you do not do so, HeadLabour will automatically pro-rate your then-current Budget to
the length of the new period. For example, if you indicate you are willing to spend $100 for a one-week Budget Period, the Budget Period shifts to two weeks, and you do not
make changes manually, your Budget will automatically be adjusted to $200 for the two-week Budget Period.
Similarly, if HeadLabour merges two or more categories of services for which you have set a Budget or changes your Budget structure to apply across all categories you offer
services in, your Budget for the newly combined category or aggregated Budget, respectively, will be the sum of the Budgets for the two or more categories prior to the merger.
You will be able to adjust how much you are willing to spend in the newly combined Budget for future Budget Periods. If HeadLabour reverts any such combination, your original
Budgets will be restored using your then-current aggregate Budget and your pro rata distribution among categories existing immediately prior to such combination.
You can change your Budget for a Budget Period at any time, including in the middle of a Budget Period. If you adjust your Budget upward, the new Budget will take effect
immediately. If you adjust your Budget downward, the new Budget will only take effect at the beginning of the next Budget Period. If you do not change your Budget in advance
of a subsequent Budget Period, your Budget from the then-current Budget Period will automatically be used for that subsequent Budget Period, subject to the foregoing.
Timing of Charges for Service Members on HeadLabour. As a Service Member using HeadLabour, there are different points at which your payment method may be charged:
If You Lack Sufficient Purchasing History on HeadLabour
If you are new to HeadLabour or do not have a sufficient purchasing history on the Platform as determined in HeadLabour’s sole and absolute discretion, your payment method may
be charged each time you are contacted by a Customer Member or other individual and you do not have an adequate HeadLabour balance to cover the cost of that contact.
If You Have a Sufficient Purchasing History On HeadLabour
Once HeadLabour determines, in its sole and absolute discretion, that you have sufficient purchasing history on HeadLabour, HeadLabour may charge your payment method
periodically for the total Fees accrued when Customer Members or other individuals contact you. Specifically, HeadLabour may charge your payment method each time (a) a
specific time period has passed; and/or (b) within that time period, each time the total Fees accrued hit a certain dollar threshold. The frequency of charges may not match
the Budget Period described above.
HeadLabour may adjust both the specific time period and the dollar threshold that triggers charges in its sole and absolute discretion. HeadLabour may also, in its sole and absolute
discretion, revert to charging your payment method each time you are contacted by a Customer Member or other individual and you do not have an adequate HeadLabour
balance to cover the cost of that contract.
Default Payment Method. For ordinary charges of Service Members, HeadLabour will first attempt to charge the default payment method. In the event that HeadLabour is unable to
charge that payment method for any reason–including but not limited to exceeding a payment method’s credit limit, payment method cancellation, a payment method being
out of date, or payment method details being incorrect–you agree that HeadLabour may charge any other payment method associated with your account. If your payment
details change, your card provider may provide us with updated card details. We may use these new details in order to help prevent any interruption to the Pro Services. If
HeadLabour is unable to charge the default payment method, HeadLabour will attempt to charge any other payment methods associated with your Account in the order in which
they were most recently provided, used, or updated on the Platform, charging the most recently provided, used, or updated valid payment method first.
Penalty Fees for All Members. HeadLabour may also charge penalty Fees for fraud, misconduct, or other violations of these Terms, as determined in our sole discretion.
Information about current penalty Fees is available in the help center.
You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made
to the payment method designated at the time you accrue a Fee. If you do not pay on time or if HeadLabour cannot charge a payment method for any reason, HeadLabour reserves
all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. If any Fee is not paid
in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures,
and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to
store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information, including, but not limited
to, email address and phone number current. Such communication may be made by HeadLabour or by anyone on its behalf, including but not limited to a third-party collection
agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that HeadLabour may charge such unpaid
Fees to any payment method or otherwise bill you for such unpaid Fees.
Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use
taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction, and the interest and penalties
thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the
Pro Services and you shall be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of
applicable Taxes where required by law. You hereby confirm that HeadLabour can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as
required by law, and you agree to pay taxes to HeadLabour when HeadLabour includes a charge for taxes on any invoice. You also understand and agree that you are solely
responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers and that we cannot and do
not offer specific tax advice to either Service Members or Customer Members.
TRACKING COMMUNICATIONS
In order to ensure the appropriate charging of Fees and to enforce these Terms, HeadLabour may track the occurrence of communications between Customer Members and Service
Members that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Customer Member or Service
Member. In order to track the occurrence of such communications, HeadLabour may obscure Service Member contact information in a Service Member profile, replace Service
Member contact information in a Service Member profile with a different piece of contact information that will forward to the Service Member, or take any other step reasonably
calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into
contact with the HeadLabour Platform unless we first obtain your permission.
If you send text messages to a Customer Member or Service Member using the telephone number for that Member available on the Platform, we may use a third-party service
provider to track these text messages. We track these text messages for fraud prevention, to ensure the appropriate charging of Fees, to enforce these Terms, and for quality and
training purposes. As part of this process, HeadLabour and its service provider will receive in real time and store data about your text message, including the date and time of the text
message, your phone number, and the content of the text message.
MARKETPLACE PAYMENTS
The HeadLabour platform may facilitate payments between Customer Members and Service Members (“Marketplace Payments”) through our payment processing partner
SSLCommerz, but HeadLabour is not a party to any such Marketplace Payments and does not handle funds on behalf of its Members. Service Members who receive Marketplace
Payments from Customer Members on HeadLabour must agree to the SSLCommerz Connected Account Agreement, which includes the SSLCommerz Services Agreement. As a
Service Member, by agreeing to these terms or continuing to operate as a Service Member on HeadLabour, you agree to be bound by the SSLCommerz Connected Account
Agreement and SSLCommerz Services Agreement, as those agreements may be modified by SSLCommerz from time to time. As a condition of receiving payment processing
services through SSLCommerz, you agree to provide HeadLabour with accurate and complete information about you and your business, and you authorize HeadLabour to share
this information and transaction information related to your use of the payment processing services provided by SSLCommerz
As a Customer Member making a Marketplace Payment through SSLCommerz, you agree to pay all amounts you owe when due using your preferred payment method. You
further authorize SSLCommerz to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You
must keep all payment information you provide us up-to-date, accurate, and complete. Do not share your payment card, bank account, or other financial information with
any other Member. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to
hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.
HeadLabour may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We
reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized at our sole and absolute discretion.
If you choose your bank account as your Marketplace Payment method, you authorize SSLCommerz to make Automated Clearing House (“ACH”) withdrawals from your
bank account and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a Member, which may include ordering a
credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize HeadLabour or its provider to initiate
one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial
institutions that hold your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts
and frequency designated in your Account.
If your full order is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order You agree
to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may
be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal
action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys’ fees. Federal law limits your liability for any
fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any
fraudulent, erroneous, or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please
contact your bank for more information about the policies and procedures that apply to unauthorized transactions and the limits on your liability.
Marketplace Payment Disputes. All requests for Marketplace Payment chargebacks, errors, claims, refunds, and disputes (“Payment Disputes”) will be subject to review by
HeadLabour in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be at HeadLabour’s absolute discretion. HeadLabour is
not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process your valid written Payment Dispute request
within thirty (30) days after we receive it unless a shorter period is required by law. You may file a Payment Dispute by emailing it to HeadLabour support
at support@HeadLabour.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed.
We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we
will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.
If your actions result, or are likely to result in a Payment Dispute, a violation of these Terms of Use, or create other risks to HeadLabour or our payment processing partners, or if
we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our
sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights
or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us,
which such amounts will be due upon receipt; (d) reverse or black any credits to your bank account; or (e) collect payment from you by any other lawful means.
If you fail to make Marketplace Payments you owe when due, or if HeadLabour is unable to charge one of your payment methods for any reason, HeadLabour reserves all rights
permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in our pursuit of payment. You explicitly agree that all
communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by HeadLabour or by
anyone on its behalf, including but not limited to a third-party collections agent.
HeadLabour may, from time to time, place a hold on any of your payment methods. Any such hold will be temporary and will not mature into a charge on your payment method.
Payment method holds are intended to prevent failed payments.
HeadLabour PROMOTIONS
You may receive certain offers from HeadLabour (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period. Any Promotions are
offered at HeadLabour’s discretion, and may be revoked at any time and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from HeadLabour offering you that Promotion, (b) you satisfy all the
requirements identified in that communication; and (c) you maintain an account in good standing with HeadLabour. We may condition receipt of a benefit described in a
Promotion in any manner we see appropriate, including limiting eligibility to a subset of Members, to specific categories, or to certain dates. To be eligible for a benefit
described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.
To the extent you are eligible for multiple promotions that discount a Fee, we will apply for those promotions sequentially. For instance, if you are eligible for both a 15% and
10% discount on a $10 Fee, you will pay $7.65.
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be
disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding
anything to the contrary, HeadLabour may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good
standing.
SPONSORED INFORMATION
HeadLabour may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change
without specific notice to you. Service Members may compensate HeadLabour to “Promote” themselves in search results and therefore rank higher. Any such Service Members will
be clearly designated in applicable search results as “Promoted” or with a similar designation. HeadLabour may impose certain quality-related standards for Service Members to
qualify as “Promoted”, which standards may be enforced and/or changed at any time.
DISPUTES BETWEEN OR AMONG USERS
HeadLabour values our Pros and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve
such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at HeadLabour’s request,
to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by HeadLabour or a neutral third-party mediator or
arbitrator selected by HeadLabour. Notwithstanding the foregoing, you acknowledge and agree that HeadLabour is under no obligation to become involved in or impose resolution
in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
HeadLabour Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in
these Terms, HeadLabour and its licensors exclusively own all rights, titles, and interests in and to the Platform and HeadLabour Content, including all associated intellectual property
rights. All trademarks, service marks, logos, trade names, and any other proprietary designations of HeadLabour used herein are trademarks or registered trademarks of
HeadLabour. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective
owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning HeadLabour or our services, including the Platform (collectively, “Feedback”) you represent and
warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does
not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of
confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in
development, (ii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense
the Feedback, and (iv) irrevocably waive, and cause to be waived, against HeadLabour and its users any claims and assertions of any moral rights contained in such Feedback.
This Feedback section shall survive any termination of your Account or the Platform.
COPYRIGHT POLICY
We expect users to respect copyright law. In appropriate circumstances, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly
infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
COPYRIGHT POLICY
We expect users to respect copyright law. In appropriate circumstances, we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly
infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
NO ENDORSEMENT
HeadLabour does not endorse any Member, user, or any Pro Services, and HeadLabour is not a party to any agreements between or among users, Members, or third parties. No
agency, partnership, joint venture, or employment is created as a result of the Terms or any user’s or Member’s use of any part of the Platform, including but not limited to
any scheduling or other services. Neither HeadLabour nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume
any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although HeadLabour may undertake additional checks and
processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported
identity or background, regardless of the specific HeadLabour services they are using or any involvement by HeadLabour personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or “badged,” “best of,” “top,” “background checked” (or similar language)
designations indicate only that the user has completed a relevant account process or met user review standards, and do not represent anything else. Any such
description is not an endorsement, certification, or guarantee by HeadLabour and is not a verification of their identity and whether they or their Pro Services are licensed, insured,
trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity
and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence, and care when deciding whether to
have any interaction with any other user. HeadLabour offers a non-exhaustive list of safety tips to consider when hiring a Service Member. Except as specifically described in the
HeadLabour Guarantee and including its exclusions and limitations, HeadLabour has no responsibility for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by HeadLabour. We do not endorse or assume any
responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability 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. You agree not to attempt to impose liability on or seek any legal remedy from HeadLabour with respect
to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, HeadLabour may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or
agreement between you and HeadLabour, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or
paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Members of the termination of your Account and/or the violation of these Terms,
decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in the investigation
or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, at our discretion, with or without cause, with or without prior notice, and at any time, decide to limit, block, suspend, deactivate, or cancel your HeadLabour Account in
whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your
Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from
HeadLabour support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended,
deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or
Pro Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the
“Settings” link in your profile, click “Account,” and click “Deactivate Account.” Please note that if your Account is canceled, we do not have an obligation to delete or
return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and HeadLabour agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration
provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between us, including but not limited to claims arising out of or relating to any aspect of
the relationship between us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, claims that arose before this Agreement or any prior
agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from
this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with HeadLabour as follows:
Initial Dispute Resolution: Most disputes can be resolved without resorting to litigation. You can reach HeadLabour’s support department at support@HeadLabour.com. Except for
intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through
consultation with the HeadLabour support department and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the
Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below.
Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms or Privacy Policy’s formation, performance, and
breach), the parties relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration, as described below.
Where the relief sought is $10,000 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration
provider of our choosing in accordance with their applicable Arbitration Rules & Procedures effective at the time a claim is made. Currently, to start, you may initiate
arbitration proceedings on the FairClaims website. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
Where the relief sought is $10,001 or more, a resolution shall be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000
and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or
procedures governing or permitting class actions. To start an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a
description of the claim and the number of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of
the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the
Demand for Arbitration to HeadLabour at 1355 Market Street, Suite 600, San Francisco, California 94103, ATTN: Legal. You will be required to pay $250 to initiate an
arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, HeadLabour will pay all other fees invoiced by JAMS, including filing fees and arbitrator and
hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation,
applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void
or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of
competent jurisdiction.
The parties understand that absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in
In some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States,
the arbitration shall be initiated in the State of California, United States of America. You and HeadLabour further agree to submit to the personal jurisdiction of any federal or state
court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the
award entered by the arbitrator.
Class Action Waiver. The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative
action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND HeadLabour AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can
proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to
arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may
bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in
the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade
secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email
address you use on HeadLabour) written notice of your decision to opt-out to opt-out@HeadLabour.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-
OUT.” The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you shall be bound to
arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, HeadLabour also will not be bound by them.
Changes to This Section. HeadLabour will provide thirty (30) days’ notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting
on the HeadLabour Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective in thirty
(30) days after they are posted on the HeadLabour Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on
“Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or
the arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.
Survival. This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
Third-Party Beneficiary. You and HeadLabour acknowledge that any third-party consumer reporting agency that HeadLabour uses to perform background checks on Service
Members is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the
consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates
to or arises out of this Agreement or any aspect of your relationship with HeadLabour will be resolved by binding arbitration. If any court or arbitrator determines that this third-
party beneficiary subsection is void or unenforceable for any reason, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver.”
and the remainder of the section shall remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and HeadLabour
through binding arbitration remains enforceable.
GOVERNING LAW
The Terms and the relationship between you and HeadLabour shall be governed in all respects by the laws of the State of California, without regard to its conflict of law
provisions. You agree that any claim or dispute you may have against HeadLabour that is not subject to arbitration must be resolved by a court located in San Francisco County,
California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties. You agree to
submit to the personal jurisdiction of the courts located within San Francisco County, California, or the United States District Court, Northern District of California located in
San Francisco, California, 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.
DISCLAIMERS
YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE HEAD LABOUR
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 MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HEADLABOUR 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 THE COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN
CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY.
SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT
LIMIT ALL COLLECTIVE CONTENT. HEADLABOUR MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE
AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HEADLABOUR 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 THE PLATFORM. HEADLABOUR 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 HEADLABOUR OR THROUGH THE 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 THE PLATFORM AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER
MEMBERS, SERVICE MEMBERS, OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT HEAD LABOUR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS
OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. HEADLABOUR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE
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 THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A
RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. HEADLABOUR EXPLICITLY
DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM,
AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HEADLABOUR OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER HEADLABOUR NOR
ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEADLABOUR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL: (B) SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM
FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF
OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT: (F) ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR
USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF HEADLABOUR AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR
INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY</