Terms and Conditions
TERMS AND CONDITIONS – JAXEE
Last updated December 2017
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE JAXEE PLATFORM. BY ACCESSING OR OTHERWISE USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT ACCESS OUR PLATFORM OR PARTICIPATE IN OUR SERVICES.
ACCEPTANCE OF THESE TERMS
This Terms and Conditions Agreement (“Terms”), including the CLASS ACTION WAIVER AND LIMITATION OF LIABILITY CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Jaxee, LLC, a Delaware limited liability company. (“Jaxee,” “we,” “our,” or “us”) Some provisions are applicable to end user/consumers, some for Service Providers, as defined herein, and some for both as the context may require. Please read these Terms and Conditions carefully to be aware of your legal rights. AS DETAILED IN THE ELIGIBILITY, SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW, IF YOU ARE A SERVICE PROVIDER, YOU UNDERSTAND AND AGREE THAT JAXEE USES YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS FROM ITS SERVICE PROVIDERS AND VENDORS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
AMENDMENTS TO THESE TERMS AND CONDITIONS
Jaxee reserves the right, in its sole discretion, to modify these Terms and Conditions, and any other documents incorporated by reference herein, at any time. Jaxee will notify you of changes by posting on the Jaxee Terms and Conditions page on our website, sending you a message, or otherwise notifying you when you are logged into your account. All modifications will become effective ten (10) days after they are posted on the Platform or a message is sent to you, or you are otherwise notified when you are logged into your account. Some modifications may be implemented immediately and you will be notified of same. Your use of the Platform after the expiration of the ten (10) days shall constitute your consent to the changes. If you do not agree, you shall not access or use the Platform.
“Collective Content” means User Content and Jaxee Content together.
“Content” means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Job Job requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
“Customer Member” means a Member who is registered to receive quotes for Jobs, requests quotes for Jobs, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Jobs.
“Member” means a person who completes Jaxee’s account registration process or a person who submits or receives a request through Jaxee, including but not limited to Service Provider Members and Customer Members.
“Platform” means all Jaxee websites, mobile or other applications, software, processes and any other services provided by or through Jaxee.
“Job” means the services listed, quoted, scheduled, offered or provided by Service Provider Members, or sought, scheduled or received by Customer Members, through the Platform.
“Service Provider Member” means a Member who is registered to send quotes for Jobs, sends quotes for Jobs, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Jobs.
“Jaxee Content” means all Content Jaxee makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
“User Content” means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding Jaxee Content and Feedback.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these eligibility criteria.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the website without registering for an account, however, in order to utilize the Platform, users must sign up and log in to access the mobile application. To access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). You may register for an Account using your existing Facebook, Google or Twitter accounts and log-in credentials, including any other social media platform that we may add in the future (your “Third-Party Site Password”). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Jaxee 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 Jaxee immediately of any unauthorized use. Jaxee is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Jaxee or others due to such unauthorized use.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Jaxee grants you a limited, non-exclusive, revocable, nontransferable, 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, 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 Jaxee or its licensors, except for the licenses and rights expressly granted in these Terms.
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 Jaxee a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to 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 Jobs, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Jaxee in public advertising. In the interest of clarity, the license granted to Jaxee shall survive termination of the Platform or your Account. Jaxee 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 Jaxee 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 Jaxee’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. You agree that Jaxee 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.
Jaxee 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 to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you shall not:
Use another person’s Account, misrepresent yourself or any Job offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post User Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Jaxee’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 (Jaxee 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, use on a 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 Jaxee 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 Provider Member, use the Platform in any manner that circumvents your obligation to pay Jaxee;
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 Provider 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, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate any key Jaxee policies that govern your use of the Platform and our interactions with you and third parties;
Advertise or solicit a service not related to or appropriate for the Platform including, but not limited to any service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Jaxee; (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) provides non-local content.
Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Jaxee 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 Jaxee, (b) offers to purchase a Job or any other service outside of Jaxee, 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 ratings systems;
Fail to perform Jobs purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Job or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member’s identity;
Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Jaxee;
Sign up for, negotiate a price for, use, or otherwise solicit a Job with no intention of following through with your use of or payment for the Job;
Agree to purchase a Job when you do not meet a Service Provider 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.
JAXEE FEES AND TAXES
In connection with use of Jaxee’s Platform, Jaxee charges certain Fees (“Jaxee Fees” or “Fees”). Current Fees for purchasing credits (“Jaxee Credits”) used by Service Provider Members for various purposes will be shown when purchasing such credits. Fees for additional products or services, including ongoing products or services, will be provided to you before you use such products or services.
You agree to pay these Fees. 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. You hereby authorize Jaxee to charge your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Jaxee cannot charge a credit card, PayPal or other payment method for any reason, Jaxee 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 Fees due will be made by electronic mail or by phone. Such communication may be made by Jaxee 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 Jaxee may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Provider Members or Customer Members. All sales on Jaxee are final and non-refundable, except as otherwise specified herein.
Customer Members shall pay their Service Provider for completed Jobs either directly or through the payment processing feature provided by Jaxee via the Platform at the rates agreed to by the Customer Member and the Service Provider Member.
If any Member does not make a marketplace payment on time or if Jaxee cannot charge a credit card, PayPal or other payment method for any reason as directed by an Service Provider Member or the Customer Member, Jaxee and/or the Service Provider Member reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys’ fees, in pursuit of such payment. You explicitly agree that all communication in relation to delinquent accounts or payments due will be made by electronic mail or by phone. Such communication may be made by Jaxee and/or the Service Provider Member or by anyone on their behalf, including but not limited to a third-party collection agent. If you have a balance due on any Account, you agree that Jaxee and/or the Service Provider Member may charge such unpaid payments to your credit card or otherwise bill you for such unpaid payments.
To help prevent fraud and safeguard Customer Member information from the risk of unauthorized access, Company and/or its third party payment processor may validate an account before activation by placing a temporary charge on the account associated with the Customer Member and then refund the charged amount within 1-3 business days. Due to the difference in third party payment processor and credit card issuer requirements, this temporary charge may vary between $0.01 US to $5000.00 US depending on the estimated value of the Job and reimbursements.
When a Customer Member receives confirmation through the Platform or via email that a Job has been completed, the Customer Member hereby authorizes Jaxee to provide Customer Member’s payment details to the third party payment processor for processing of the Fee for the Job, out of pocket expenses owed to the Service Provider, and the service charge and fees owed to Jaxee for the use of the Platform. Members may be charged a cancellation fee through the third party payment processor if you book a Job, but cancel it before it is completed, as set forth in the Jaxee pricing terms or if you agree to perform a Job but fail to complete it, as may be set forth in the Jaxee pricing terms.
All cancellation and refund requests will be subject to Jaxee’s review and absolute discretion. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to Jaxee support at support@Jaxee.com. If you cancel your Account at any time, you will not receive any refund.
Your purchase or receipt of Jaxee Credits represents the purchase or receipt of credits that can be used by you to receive certain services on the Platform, including accepting Job requests from potential customers. We will always be transparent with you about the number or range of Jaxee Credits you must use to access certain services. Jaxee Credits have no monetary/cash value and your purchase or receipt of Jaxee Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. However, if you have a balance of paid-for Jaxee Credits and Jaxee elects to end the Credit program or you terminate your participation in the Jaxee Services, you can request a refund of any paid-for Credits remaining in your account. You agree that all sales of Jaxee Credits are final. Information and current pricing can be found in the Help Center.
DISPUTES BETWEEN OR AMONG USERS
Jaxee values our Customer Members and Service Provider Members, and we understand that occasionally disputes may arise between or among them. In the rare event a dispute initiated by either a Service Provider Member or a Customer Member cannot be resolved independently, you acknowledge and agree that Jaxee is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party and you release Jaxee (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
INTELLECTUAL PROPERTY RIGHTS
Jaxee 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, Jaxee and its licensors exclusively own all right, title, and interest in and to the Platform and Jaxee Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Jaxee used herein are trademarks or registered trademarks of Jaxee. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
By sending us any feedback, comments, questions, or suggestions concerning Jaxee 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, (iii) 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 Jaxee 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.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who infringes or is believed to be infringing the rights of copyright holders. If you believe that content on our Website or Application constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:
14311 Biscayne Blvd, # 612530
North Miami FL 33261
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
Jaxee does not endorse any Member, user or any Job, and Jaxee 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 Jaxee 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 Jaxee 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 Jaxee services they are using or any involvement by Jaxee 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 “gold,” “silver,” or “bronze” (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Jaxee and is not verification of their identity and whether they or their Job 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. Jaxee offers a non-exhaustive list of safety tips to consider when hiring an Service Provider Member. Jaxee is not responsible 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 Jaxee. 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 Jaxee with respect to such actions or omissions and you release Jaxee (and our officers, directors, agents, employees, subsidiaries and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Jaxee 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 Jaxee, 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, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Jaxee 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 Jaxee support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled; and (c) you will not be entitled to any compensation for Platform services or Jobs cancelled 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 in your profile, clicking “Account,” and clicking “Deactivate Account.” Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any User Content you have posted to the Platform, including, but not limited to, any reviews.
DISPUTE RESOLUTION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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 in 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. By agreeing to these Terms, you agree to resolve any and all disputes with Jaxee as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Jaxee’s support department at support@Jaxee.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Jaxee support department, and good faith negotiations shall be a condition to either party initiating a lawsuit. 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 a legal action against the other.
In the event of a dispute arising out of or relating to the use of the Platform or this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney fees and costs incurred regarding such dispute, including paraprofessional fees at all levels of legal proceedings.
Class Action Waiver: The parties further agree that any litigation pursued 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 JAXEE 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 determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason, then the class action waiver provisions set forth above shall be deemed null and void in their entirety.
Survival: This section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and Jaxee shall be governed in all respects by the laws of the State of Delaware, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Jaxee must be resolved by a court located in Delaware in the county where the Registered Agent for the corporation is located. You agree to submit to the personal jurisdiction of the courts located within the State of Delaware or the United States District Court located in Delaware, for the purpose of litigating all such claims or disputes. You hereby waive any and all jurisdictional and venue defenses otherwise available.
YOUR USE OF THE PLATFORM, JOBS, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT JAXEE 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 PROVIDER MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, JAXEE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE JOB 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 THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. JAXEE MAKES NO WARRANTY THAT THE PLATFORM OR JOB WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. JAXEE 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. JAXEE 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 JAXEE 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 PROVIDER MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT JAXEE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY JOB. JAXEE 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 PROVIDE OR RECEIVE JOBS. JAXEE 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 JOB OR REQUESTING OR RECEIVING JOB THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF JAXEE OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER JAXEE 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 JAXEE 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 THE PLATFORM OR THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, JOB 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 JOBS OR REQUESTING OR RECEIVING JOBS THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF JAXEE AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, JOBS, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY JOB OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO JAXEE BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.
THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION AND RELEASE
Should you have a dispute with respect to any Jobs provided by a Service Provider Member or the fees charged by any Service Provider Member, you must address such dispute with the Service Provider Member directly. YOU HEREBY RELEASE JAXEE, LLC (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDER MEMBERS.
To the extent permitted by applicable law, you release, and hereby agree to defend, indemnify, and hold Jaxee and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Jobs by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with any such Job.
Force Majeure: Other than payment obligations, neither Jaxee nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Jaxee may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. You may withdraw your consent to the use of the electronic record by sending an email to support@Jaxee.com with “Revoke Electronic Consent” in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@Jaxee.com with contact information and the address for delivery.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Jaxee’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Job offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@Jaxee.com