TERMS AND CONDITIONS FOR USE OF THE RateNantucket.com SERVICES MARKETPLACE (“AGREEMENT”)
You acknowledge and agree to the following terms and conditions when You use the RateNantucket.com Services Marketplace. Our responsibilities are specific and limited to the terms of this Agreement. You must read, agree with, and accept all of the terms and conditions contained in this Agreement which are those terms, conditions and definitions expressly set out below
RECITALS
The following is a non-exhaustive list of definitions that shall apply to the use of Our Web Site; other definitions are included through out the text:
1. The terms "You", "Your", and/or "User" refer to any person, persons, entity, and/or organization utilizing this or any other internet service of RateNantucket.com, Inc., to obtain Services from one or more Service Providers;
2. The term "Service Provider" refers to any person, persons, entity, and/or organization, utilizing this or any other internet service of RateNantucket.com, Inc., to provide Services to the consuming public and/or to any User;
3. The terms "We", "Us", and/or "Our" refer to RateNantucket.com.
4. The term "Services" refers to any services provided by a Service Provider to a User of this or any other internet service of RateNantucket.com;
5. The terms “Web Site” and/or "Services Marketplace" refer to Our web site located at RateNantucket.com.
TERMS AND CONDITIONS
The following terms and conditions affect Your legal rights. Please read them carefully.
I. OUR DISCLAIMERS
1. NO LIABILITY. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY for any and all damages to You, or to any other person or property directly or indirectly arising out of or relating in any way to Your use of Our Web Site, including but not limited to any damages that may arise out of any Services provided by any Service Provider. This disclaimer includes but is not limited to any crime, breach of contract, negligence, and/or intentional tort by any Service Provider, and includes but is not limited to damage to personal property, real property, bodily injury, economic loss, emotional distress, loss of consortium, and/or lost wages, attorney fees and/or costs. You acknowledge and agree that any claims You have or may have in the future against any other User and/or Service Provider for any reason whatsoever are strictly between You and that other User and/or Service Provider, and are barred as against Us.
2. NO THIRD-PARTY WARRANTY. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES related to any Services provided by any Service Provider. We are not involved in any manner with the provision of the Services by the Service Providers. As a result of this lack of involvement or oversight, We cannot guarantee nor do We have control over the quality, accuracy, standard of Service, safety or legality of the Services provided by any Service Provider. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the Services are not provided by Us and are specifically and solely between You and the Service Provider.
3. NO LIABILITY FOR THIRD PARTY CONTENT. Our Web Site acts as an interactive computer service and is not responsible or liable for information posted to Our Web Site by Users, Service Providers, or any other third parties. Our Web Site is a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will We act as a monitor over the content of such communication for information. However, We reserve the right to remove or restrict any communication or information posted on Our Web Site that is in violation of this Agreement, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. You acknowledge and agree that We cannot be held liable by You for any injury You may suffer as a result of information posted on Our Web Site by third parties.
4. WEB SITE “AS IS.” USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. Our Web Site is specifically provided “as is” and without any warranty, representation or condition, express, whether implied or statutory. Any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement are hereby disclaimed. In certain jurisdictions, the foregoing disclaimer may not apply to You.
5. NO WARRANTY OF WEB SITE OPERATION. We make no guarantee, representation or warranty that Our Web Site, databases, systems, and/or infrastructure will operate uninterrupted, will be fully or partially functional, will be secure, will prevent unauthorized third-party access (including hacking), or will be error-free. We specifically disclaim any liability for any and all injury arising from the operation of Our Web Site.
6. LIMIT OF LIABILITY: In no event shall We be liable for lost profits or any special, punitive, incidental, or consequential damages arising out of or in connection with Our Web Site or this Agreement.
II. Service Provider Review
1. Service Provider Review: You acknowledge that You, as the Customer, have the ability to control the quality of the Services and Service Providers for Your future use and for the future use of other Customers through submission of Your Service Provider review.
2. Our Unrestricted Use of Your Service Provider Review: You expressly grant Us the irrevocable, perpetual, worldwide and royalty free right to use Your Service Provider review (including Your first name and the first letter of Your last name) for Our advertising and marketing purposes in any manner and in any media that We so choose whether now known or hereafter devised.
III. GENERAL TERMS
2. Common Sense and Business Judgment: You agree to use common sense and good business judgment when using the RateNantucket.com website.
3. Neutral Venue and Digital Clearinghouse: Our Web Site functions solely as a neutral venue and digital clearinghouse to connect You and the various Service Providers. We do not endorse or employ any Services or Service Provider.
4. MODIFICATION OF AGREEMENT TERMS AND CONDITIONS: You acknowledge and agree that We have the sole discretion at any time to remove any terms and conditions, include additional terms and conditions, and/or modify any existing terms and conditions of this Agreement by posting the modified terms and conditions on Our Web Site. Except as stated below, all modified terms and conditions shall take effect immediately after posting on Our Web Site. You agree that those modified terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those modified terms and conditions and the specific terms and conditions set forth herein, the modified terms and conditions shall govern. This Agreement may not be modified, amended, and or changed by You in any manner. Furthermore, We may discontinue Our Web Site at anytime without notice to You and without any liability or responsibility to You.
5. Qualification for Use of Web Site: You must be an individual who can enter into a legally binding contract under applicable law in order to qualify to use Our Web Site. In compliance with the Child Online Privacy Protection Act, Our Web Site is not intended or provided for use by minors.
6. You acknowledge that We are not a financial institution and that We do not provide financial services. Furthermore, You acknowledge that We act only as a facilitator for the process that helps you connect with Service Providers for any provided Services. Furthermore, We do not establish an account, escrow or otherwise, for Your payments and We do not act as a trustee, fiduciary or escrow with respect to Your payments.
7. You agree to provide truthful, accurate and complete information at all times including but not limited to necessary identification information. We cannot guarantee the ability of You to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm Your identity or ability to pay for the provided Services.
8. Disputes: Because We are a neutral venue (as explained above), We are not responsible for resolving any disputes between You and the Service Provider regarding the Services. All disputes must be resolved between You and the Service Provider.
9. INDEMNITY/HOLD HARMLESS. You agree to indemnify, defend and hold Us, our parent company, subsidiaries, affiliated companies and their respective shareholders, directors, officers, employees, agents, attorneys, successors and/or assigns, (the “Indemnified Parties”) harmless from and to reimburse the Indemnified Parties for any claims, cost, expenses, losses, demands, damages, legal fees and costs, penalties, and/or liabilities of any kind or nature, resulting from or relating in any way to Customer changes or cancellations, including but not limited to Your cancellation of a Service Request and/or Your use of this website. You further agree to indemnify, hold harmless and defend Us against any claims asserted or threatened against Us by another User and/or a Service Provider related to or arising in any way out of Your breach of representations, cancellation of a Service Request, Your use of our website, Your violation of and federal or state law, rule or regulation, and/or Your violation of any third party rights specifically including any third party intellectual property rights. We may defend any such claim, at our option, and You must pay our attorney fees and costs. This indemnity will continue in full force after expiration or termination of this Agreement.
10. Privacy: Absent an order from a competent Court of Law and notwithstanding Our right to use Your Service Provider review, We will not disclose to any non-Service Provider, third parties or entities unrelated to Us, any information We obtain relating to You, including Your IP Address, name, mailing address or e-mail address. Additionally, You agree to the following:
DISCLOSURE OF YOUR INFORMATION TO THIRD PARTIES: WHEN YOU SUBMIT A SERVICE REQUEST, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE VOLUNTARILY DISCLOSING CERTAIN PERSONAL INFORMATION TO US THAT WE WILL IN TURN DISCLOSE TO THE SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO YOUR NAME, ADDRESS, AND/OR TELEPHONE NUMBER. WE ARE NOT RESPONSIBLE FOR THE PRIVACY PRACTICES OF ANY SERVICE PROVIDER NOR ARE WE RESPONSIBLE FOR THE ACTIONS THAT ANY SERVICE PROVIDER MAY TAKE WITH REGARD TO YOUR PRIVACY OR YOUR PERSONAL INFORMATION.
11. RELEASE/WAIVER OF LIABILITY: You acknowledge that You understand the Disclaimers above. You agree that any transactions between You and any Service Provider, including the performance or lack of performance of Services, are solely between You and the Service Provider. Therefore, You specifically waive and release as against Us any and all claims and demands related in any way to the current or future actions or inactions of any Service Providers. This waiver and release is binding against You, Your heirs, agents, and/or successors and assigns, and applies to Us, Our officers, directors, agents, parent, subsidiaries, and/or employees.
12. Protection of Intellectual Property Content: Our Web Site contains trademarks, service marks, copyrighted material, inventions, know how, potential patentable business method material, design logos, phrases, names, logos or HTML Code ("Intellectual Property Content") all of which, unless otherwise indicated and/or provided pursuant to a third party license, are Our sole property and We retain all appurtenant rights, interests and title thereto. We also claim ownership rights under the copyright and trademark laws with regard to the "look," "feel," "appearance," and/or "graphic function" of Our Web Site including but not limited to its color combinations, sounds, layouts and designs. You agree and acknowledge that Your use of Our Web Site does not confer upon You any license or permission to use Our (or any third party) Intellectual Property Content. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Content, or use it in any other way for public or commercial purpose. All other trademarks, service marks and copyrights are held by their rightful owners. Furthermore, You shall not reproduce, translate, copy, enhance, add to, modify, or reverse engineer or de-compile any software or software platform or other data processing program(s) upon which Our Web Site operates or is based.
13. Copyright Infringement Policy: Pursuant to 17 United States Code 512(c)(2) ("Digital Millennium Copyright Act of 1998"), Our designated agent for notice of alleged copyright infringement appearing on Our Web Site is:
contractor agreement
DRAFT
TERMS AND CONDITIONS FOR SERVICE PROVIDERS OF THE RateNantucket.com SERVICES SERVICE OUTLET (“AGREEMENT”)
You acknowledge and agree to the following terms and conditions when You use the Services Service Outlet. Our responsibilities are specific and limited to the terms of this Agreement. You must read, agree with, and accept all of the terms and conditions contained in this Agreement which are those terms, conditions and definitions expressly set out below
RECITALS
The following is a non-exhaustive list of definitions that shall apply to the use of Our Web Site; other definitions are included through out the text:
1. The terms "You", "Your", and/or "Service Provider" refers to any person, persons, entity, and/or organization, utilizing this or any other internet service of RateNantucket.com to provide Services to the consuming public and/or to any User;
2. The terms “User” and/or “Customer” refer to individuals using Our Web Site to obtain Services from Service Providers;
3. The terms "We", "Us", and/or "Our" refer to RateNantucket.com, a Washington Corporation;
4. The term "Services" refers to any services provided by a Service Provider to a User of this or any other internet service of RateNantucket.com;
5. The terms “Web Site” and/or "Services Outlet" refer to our web site located at www.huckleberry.com;
6. The terms "Service Request" and/or "Request" refer to a Customer’s or User’s offer to enter into a transaction for Services with You;
TERMS AND CONDITIONS
The following terms and conditions affect your legal rights. Please read them carefully.
I. OUR DISCLAIMERS
1. YOU ARE AN INDEPENDENT CONTRACTOR; YOU DO NOT WORK FOR US OR REPRESENT US IN ANY FASHION. We are only a neutral venue for the Service Outlet between You and Customers. You are not Our employee, agent, or representative. We do not provide any endorsement for You or Your Services. We do not provide the Services and We are not in any way responsible for assisting You in any manner with Your provision of the Services. We cannot and will not guarantee the ability of a Customer to complete payment for any of the provided Services. Furthermore, due to the difficulty of individual authentication, especially on the Internet, We cannot and will not in any manner verify or confirm the identity or ability of a Customer to pay for the provided Services. By entering into this Agreement, You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made with regard to the Services are not provided by Us and are specifically and solely between You and the Customer.
2. NO LIABILITY. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY for any and all damages to You, or to any other person or property directly or indirectly arising out of or relating in any way to Your use of Our Web Site. This disclaimer includes but is not limited to any crime, breach of contract, negligence, and/or intentional tort by any Service Provider, and includes, but is not limited to, damage to personal property, real property, bodily injury, economic loss, emotional distress, loss of consortium, and/or lost wages, attorney fees and/or costs. You acknowledge and agree that any claims you have or may have in the future against any User or other Service Provider for any reason whatsoever are strictly between You and that Service Provider or User, and are barred as against Us.
3. NO THIRD-PARTY WARRANTY. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES related to any Services provided by You or any other Service Provider. We are not involved in any manner with the provision of the Services by the Service Providers. As a result of this lack of involvement or oversight, We cannot guarantee nor do We have control over the quality, accuracy, standard of Service, safety or legality of the Services provided by You or any Service Provider. You acknowledge and agree that any and all communications, correspondence, verbal or written, or any warranties or representations, made by You with regard to Services are not provided by Us and are specifically and solely between You and the User or other Service Provider.
4. NO LIABILITY FOR THIRD PARTY CONTENT. Our Web Site acts as an interactive computer service and is not responsible or liable for information posted to our Web Site by Users, Service Providers, or any other third parties. Our Web Site is a passive conduit for any and all communication and/or distribution of information. We have no control, editorial or otherwise, over any communication, information, and specifically, over the content of such communication or information. We do not and will not ensure the accuracy or reliability of such communication or information nor will We act as a monitor over the content of such communication for information. However, We reserve the right to remove or restrict any communication or information posted on Our Web Site that is in violation of this Agreement, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. You acknowledge and agree that We cannot be held liable by You for any injury you may suffer as a result of information posted on Our Web Site by third parties.
5. WEB SITE “AS IS.” USE OF OUR WEB SITE IS ENTIRELY AT YOUR OWN RISK. Our Web Site is specifically provided “as is” and without any warranty, representation or condition, express, whether implied or statutory. Any implied warranties of title, merchantability, fitness for a particular purpose, and/or non-infringement are hereby disclaimed. In certain jurisdictions, the foregoing disclaimer may not apply to you.
6. NO WARRANTY OF WEB SITE OPERATION. We make no guarantee, representation or warranty that our Web Site, databases, systems, and/or infrastructure will operate uninterrupted, will be fully or partially functional, will be secure, will prevent unauthorized third-party access (including hacking), or will be error-free. We specifically disclaim any liability for any and all injury arising from the operation of Our Web Site.
7. LIMIT OF LIABILITY: In no event shall We be liable for lost profits or any special, punitive, incidental, or consequential damages arising out of or in Service Outlet with Our Web Site or this Agreement. Our liability in any circumstance is limited of the greater of either the total fees You have paid Us in the two months prior to the date of the event giving rise to Our liability, or $500.00. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
II. TERMS REGARDING SERVICES
1. Effective Offer and Acceptance for Services: You agree and acknowledge that when a Service Request has been submitted to You by a Customer, the Customer has effectively communicated an offer to You to enter into a transaction for the Services. Furthermore, if You accept the Service Request, You and the Customer have entered into a transaction for the Services. You represent and warrant that You shall satisfy and perform the Services according to all agreed upon terms and conditions and that if you fail to do so, you alone shall be liable to the Customer for any damages incurred as a result of your failure to perform the Services.
You agree to indemnify, defend, and hold Us harmless for any claims, demands or causes of actions that we take toward any identified account pursuant to this Section.
III. GENERAL TERMS
1. Common Sense and Business Judgment: You acknowledge that We give You access to the Service Outlet and allow You to sign up on the Service Outlet free of charge. You agree to use common sense and good business judgment when using the Service Outlet.
2. Neutral Venue and Digital Clearinghouse: Our Web Site functions solely as a neutral venue and digital clearinghouse to connect You and the various Users. We do not endorse or employ You, your Services, or any other Service Provider.
3. MODIFICATION OF AGREEMENT TERMS AND CONDITIONS: You acknowledge and agree that We have the sole discretion at any time to remove any terms and conditions, include additional terms and conditions, and/or modify any existing terms and conditions of this Agreement by posting the modified terms and conditions on Our Web Site. Except as stated below, all modified terms and conditions shall take effect immediately after posting on Our Web Site. You agree that those modified terms and conditions shall be considered an effective amendment to this Agreement and said terms and conditions shall be incorporated herein. Furthermore, You expressly agree that if there is any conflict between those modified terms and conditions and the specific terms and conditions set forth herein, the modified terms and conditions shall govern. This Agreement may not be modified, amended, and or changed by You in any manner. Furthermore, We may discontinue Our Web Site at anytime without notice to you and without any liability or responsibility to you.
4. Labor Only: You agree that you will offer only services involving labor through the Service Outlet. You agree that You will not use Your participation in the Service Outlet as a means to sell or market any types of goods or products with the exception of any goods or products that may be necessary for the completion of your Services.
5. Disputes: Because we are a neutral venue (as explained above), We are not responsible for resolving any disputes between You and the Customer regarding Services. All disputes must be resolved between You and the Customer. Therefore, if We are contacted by a Customer who claims to have a dispute with You regarding the Services and they request Your contact information (including but not limited to any of Your provided phone numbers and/or addresses) to settle the dispute, You expressly authorize us to release Your provided contact information to the Customer and You agree to release us from any and all liability associated therewith.
6. INDEMNITY/HOLD HARMLESS. You agree to indemnify, defend and hold Us, our parent company, subsidiaries, affiliated companies and their respective shareholders, directors, officers, employees, agents, attorneys, successors and/or assigns, (the “Indemnified Parties”) harmless from and to reimburse the Indemnified Parties for any claims, cost, expenses, losses, demands, damages, legal fees and costs, penalties, and/or liabilities of any kind or nature, resulting from or relating in any way to Customer changes or cancellations, or the operation of Your business, including use of this website. You further agree to indemnify, hold harmless and defend Us against any claims asserted or threatened against Us by a Customer related to or arising in any way out of your breach of warranties or representations, Services, operation of Your business, use of our website, or failure to provide scheduled Services. We may defend any such claim, at our option, and You must pay our attorney fees and costs. This indemnity will continue in full force after expiration or termination of this Agreement.
7. Right to Reject or Remove RateNantucket.com Affiliate: We reserve the absolute right to reject Your participation or to remove you from your current participation in the Service Outlet at any time and for any reason or for no reason and without notice to You. An event that may result in the rejection or removal of Your participation can include but is not limited to: any circumvention of the Service Outlet by You or by others at Your direction; Your creation, maintenance and/or management of, or payment from, more than one profile whether or not such additional profiles were created at Your direction or by others at Your direction; any failures to verify Your identification verification information; any attempt by You to improperly influence, or cause another to, improperly influence the review of the Customer; any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a Customer and/or a failure to deliver the promised Services on time; and/or any attempt by you to harass, or cause another to harass, or commit inappropriate communications with one of Our representatives.
8. Petition for Reinstatement as a RateNantucket.com Service Provider: Under certain circumstances, you may petition for reinstatement. Your Petition for Reinstatement must include a written statement as to why You should be reinstated as a RateNantucket.com Affiliate and Your contact information. Your Petition shall be reviewed by RateNantucket.com at Our discretion and any determination as to Your reinstatement will be based on Our sole judgment. Your submission of a Petition does not, in any manner, guarantee, that You will be reinstated and We specifically disclaim any and all representations with respect to such guarantee. We will contact You as to Our decision to reinstate You. We are not obligated to give You any reason or basis as to Our decision. You understand that any decision as to reinstatement may be a simple, yes or no and that all decisions are final. If the Decision is made to reinstate You, You may be required to pay a non-refundable reinstatement fee of $50. Account re-activation will be completed upon receipt of payment. Any reinstatement does not in any manner modify or change Your obligations as a Service Provider as described in this Agreement (and/or later modifications thereof) or as described in the Service Outlet.
You may NOT petition for reinstatement to the Service Outlet if Your removal was based upon any of the following:
A. Any attempt by You to, or cause another to, improperly influence the review of a Customer
B. Any attempt by You to harass, or cause another to harass, or commit inappropriate communications with a Customer;
C. Any attempt by You to harass, or cause another to harass, or commit inappropriate communications with one of Our representatives; and/or
D. If you have been charged or convicted of a felony and/or misrepresented the same;
We reserve the right to modify this list from time to time and You expressly agree that You are not entitled to any prior notice of any changes.
9. Taxes: You are responsible for collecting and remitting any and all taxes associated with the transaction for Services.
10. Record Keeping/Audit: We reserve the right to keep all records of any and all transactions and communications between You and the Customer for Service Outlet administration purposes or for other legal purposes.
11. Non-Interference: You shall not otherwise interfere with any of Our other business relationships including those with Our Customers and other Service Providers.
12. No Felony Convictions: You represent and warrant that You, and any individuals associated with You who will perform the Services, have not been convicted of a felony. Furthermore, You represent or warrant that there are currently no legal proceedings, criminal, civil or administrative, instituted against You that will prevent You from performing the Services.
