Terms of Service
BY USING THIS WEBSITE AND SERVICE
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS
This Web site and mylaborjob.com's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Web site or submission of service requests constitutes your agreement to all such terms, conditions, and notices in effect at such time. If you have any questions regarding these Terms & Conditions, you may contact us at MyLaborjob.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions on the MyLaborjob.com Website. These Terms & Conditions were last updated on 10/08/2016.
1. MY LABOR JOB.COM SERVICES. At MyLaborjob.com we are committed to making your total experience a positive one. Upon entering your information and the request for which you would like a service provider, we will provide you with a list of service providers in your area, if any, who may be interested in fulfilling your service need.
However, we do not guarantee that we will be able to match your service needs with a service provider or that there are service providers in your area that either are capable or willing to complete your service needs. We make no guarantees or representations regarding the skills or representations of such service providers or the quality of the job that he or she may perform for you if you elect to retain their services. MyLaborjob.com does not endorse or recommend the services of any particular service professional. It is entirely up to you to enter into a direct contract or otherwise reach agreement with a service professional, and we do not guarantee or warrant their performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of MyLaborjob.com, nor is MyLaborjob.com an agent of the service providers. MyLaborjob.com does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. Should you have a dispute with any service professional, you must address such dispute with the service provider directly, AND YOU HEREBY AGREE TO RELEASE MyLaborjob.com (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) AND ANY OTHER PERSON, FIRM, OR ENTITY (INCLUDING OUR BUSINESS PARTNERS SUCH AS A PRODUCT MANUFACTURER OR SUPPLIER WHO MAY EMPLOY THE MyLaborjob.com MATCHING UTILITY) 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 PROFESSIONALS.
MyLaborjob.com relies on electronic data provided by third parties and on statements made by service providers and their references to determine which service providers to include in our database. Due to the inherent time delay in the data gathering process, pending actions or other issues affecting a service provider's record may have occurred which were not captured by the third party data sources used. MyLaborjob.com does not guarantee that any service provider has licensing or insurance coverage at the time you enter into an agreement with the service provider and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate does not guarantee that the insurance is in effect, as the service provider may cancel the insurance without MyLaborjob.com's knowledge. Unless otherwise specifically stated, MyLaborjob.com does not endorse any product or service described in, offered on, or linked to MyLaborjob.com's websites.
2. SERVICE GUARANTEE.We cannot guarantee the work performed by a listed service provider, and we have no obligation to you with regard to your relationship with a service provider.
3. INFORMATION YOU PROVIDE TO US. Upon using the MyLaborjob.com services, you will be prompted to disclose certain information about yourself and your service requirements. Some of this information will be sent to service professionals who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service providers via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with MyLaborjob.com and its partners and thus agree to be contacted by MyLaborjob.com and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or MyLaborjob.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MyLaborjob.com has the right to refuse any current or future use of the MyLaborjob.com services (or any portion thereof) by you.
4. YOUR USE OF THE MyLaborjob SERVICES. You agree that all of the content and information posted on the MyLaborjob.com's Web site, including but not limited to Service Provider profiles, and Reviews (including any ratings and reviews or other content posted by you), is the sole and exclusive property of MyLaborjob.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to MyLaborjob.com for any such damages, and will indemnify MyLaborjob.com in the event of any third party claims against MyLaborjob.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the MyLaborjob.com Web site and services at any time. All information about service providers is confidential and for your personal use only. If it is determined or suspected by MyLaborjob.com in its sole discretion that you are misusing or attempting to misuse or circumvent the MyLaborjob.com services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, MyLaborjob.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO MyLaborjob AND ITS SERVICE PROVIDER PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MyLaborjob AND EACH MyLaborjob SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF MyLaborjob AND EACH OF THE AFFECTED SERVICE PROVIDERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEB SITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the MyLaborjob.com website is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the MyLaborjob.com Web site or any other MyLaborjob.com owned, operated, licensed or controlled site. Elements of MyLaborjob.com Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any MyLaborjob.com web Site may be copied or retransmitted unless expressly permitted by MyLaborjob.com. MyLaborjob AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MyLaborjob AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE MyLaborjob WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MyLaborjob AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
6. LINKS TO THIRD PARTY SITES. The links in the MyLaborjob.com Web site will let you leave MyLaborjob.com's Web site. The linked sites are not under the control of MyLaborjob.com and MyLaborjob.com is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. MyLaborjob.com is not responsible for webcasting or any other form of transmission received from any linked site. MyLaborjob.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MyLaborjob.com of the site.
7.Service Provider Profiles: MyLaborjob.com allows Service Providers to post profiles about themselves and their business on the MyLaborjob.com Web site. MyLaborjob.com does not review or verify the information or representations set forth in those profiles as they are self-reported by the Service Provider.
MyLaborjob reserves the right, but not the obligation, to refuse to post or to remove any information (in its sole discretion) that contains or features any of the following: 1.Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit l. Language and hate speech (e.g., racist/discriminatory speech.)
2.References to illegal activity.
3. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
4. Language that violates the standards of good taste or the standards of this Site.
5. Comments concerning a different Service Provider.
6. Information not related to work requested in the service request.
7. Statements that are or appear to be false.
8. Comments that disparage MyLaborjob.com.
8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY MyLaborjob, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE MyLaborjob SERVICES OR IN CONNECTION WITH THE MyLaborjob WEB SITE OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
9. GENERAL PROVISIONS. You acknowledge and agree that the MyLaborjob services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and MyLaborjob's sole obligation to you or any third party for any claim arising out of your use of the MyLaborjob services or the MyLaborjob Web site, is that you are free to discontinue your use of the MyLaborjob services or the MyLaborjob Web site at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, MyLaborjob EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT MyLaborjob SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF MyLaborjob HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of MyLaborjob.com's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of MyLaborjob.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the MyLaborjob.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely in the State of TX . You agree to submit to jurisdiction in Texas and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in TX.