Terms of Service
Last Updated: August 28, 2015
These Terms of Service (the “Terms of Service”) are a contract between you, the user, and Crowdservice Inc., a Washington corporation (“we”, “us” or the “Company“). The Company operates http://crowdserviceinc.com (the “Site(s)”) and the mobile applications Gofer Courier Services and Gofer Home Services (each, an “App” and together, the “Apps”). By using the Site(s), the Apps or any services accessible from the Site(s) or the Apps, you are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the Site(s), the Apps and any services or products offered on the Site(s) and the Apps (collectively, the “Service” or “Services”). VIOLATION OF ANY OF THE TERMS OF SERVICE BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE SERVICES, AND ANY PROFILE THAT YOU MAY HAVE CREATED AS PART OF THE SERVICE. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. We reserve the right to refuse service to anyone for any reason at any time.
If you register via Facebook, you expressly agree to all applicable Facebook terms and policies. We are not responsible for any Facebook terms and policies, or for any harm or damage that you suffer as a result of registering via Facebook.
Our License to You
We hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Services, subject to these Terms of Service. You may not permit the Services to be used by or for the benefit of unauthorized third parties. Nothing in the Terms of Service shall be construed to grant you any right to transfer or assign rights to access the Services. All rights not expressly granted to you are reserved by the Company and its licensors. You shall not (1) modify or make derivative works based upon the Services; (2) reverse engineer or access the Services; or (3) copy any features, functions or graphics of the Apps or Site(s). You further acknowledge and agree that, as between the parties, we own all right, title, and interest in and to the Apps and Site(s), including all intellectual property rights therein.
Your License to Us
By using the Services, including downloading either App, submitting, posting or displaying Content on your Profile or the App or Site(s), you grant us and other users of the Services a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for us and other users of the Services to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by us or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media, or to comply with any relevant laws or regulations.
Additionally, by uploading Content to your Profile or the App or Site(s), you warrant, represent and agree that you have the right to grant us the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (6) contains other people's private or personally identifiable information without their express authorization and permission, and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any Content, suspend, remove or terminate your Profile at any time, or pursue any other remedy or relief available under equity or law.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content in accordance with these Terms of Service.
• The Services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, our services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the Services and no contract will be formed between you and the Company.
• As a condition of your use of the Services, you agree to (1) provide us with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Services and creating a Profile and (b) update and maintain the truthfulness, accuracy and completeness of such information.
• You are responsible for all activity occurring on your Profile and are solely responsible for compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to your use of the Services, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
• You shall: (1) notify us immediately of any unauthorized use of any password or Profile or any other known or suspected breach of security; and (2) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you.
• All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or broadcast elsewhere.
As a condition to your use of the Services, you agree not to:
• upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another’s privacy, or promotes bigotry, racism, hatred or harm against any individual or group;
• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
• phish, collect, upload, post, email, transmit or otherwise make available credit card information or other forms of financial data used for collecting payments;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
• upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another’s rights, including any intellectual property rights;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• reverse engineer, decompile or disassemble any of the software used to provide the Services;
• reproduce, duplicate or copy or exploit any other portion of any App or Site, without the express written permission of the Company;
• use the Services for any illegal or unauthorized purpose.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company, its users and the public.
In the course of using the Services, you may provide the Company with feedback, including but not limited to suggestions, observations, errors, problems, and defects regarding the Services (collectively “Feedback”). You hereby grant the Company a worldwide, irrevocable, perpetual, royalty-free, transferable and sub-licensable, non-exclusive right to use, copy, modify, distribute, display, perform, create derivative works from and otherwise exploit all such Feedback. We may use the Feedback for any purpose, including for our advertising and promotions.
Payment, Refunds, Upgrading and Downgrading
Payments are non-refundable once agreed upon by both parties at the conclusion of a job, however in the unusual circumstance where there is disagreement between the users, a dispute may be filed and the escrowed payment will not be released until reviewed by the Company. We may then allow full or partial releases of funds to the customer or service provider or both. If you are dissatisfied with any dispute outcome, you may post feedback via the user feedback system, accessible here: firstname.lastname@example.org, or stop using the Company Services. There will be no refunds or credits for partial use of any Company Services.
You will be billed for services immediately upon signing up for a service. These funds will be kept in escrowed by Stripe or PayPal, and upon completion of a job the escrowed payment will be released to the PayPal or Bank Accounts provided by service providers.
Removing or terminating your Profile may cause the loss of Content, features, or capacity of your Profile. We do not accept any liability for such loss.
Violation of these Terms of Service
We reserve the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of the Services or any information, materials or other content provided or made available through the Services, but we have the right to do so. You hereby agree that we may, in the exercise of our sole discretion, remove or delete any entries, postings, information, materials or other Content that violates these Terms of Service or that is otherwise objectionable.
Cancellation and Termination
You are solely responsible for properly deleting your Profile. You can cancel your account or delete your Profile at any time by accessing it from within settings, or by contacting email@example.com.
Any deletion of your Profile or cancellation of your account will result in the deactivation or deletion of your account or your access to your account or Profile, and the forfeiture and relinquishment of all Content in your Profile. This information cannot be recovered once your Profile is deleted. Please be aware that we may for a time retain residual information in our backup and/or archival copies of our database. We will make reasonable commercial efforts to delete your information as soon as possible after you communicate that intention to us. Cancellations will take effect immediately.
The Company, in its sole discretion, has the right to suspend or terminate your account if (1) you breach these Terms of Service; or (2) your bandwidth usage significantly exceeds the average bandwidth of other users of the Service. In each such case we may refuse to provide you any current or future use of the Services. Any termination of your account will result in the deactivation or deletion of your Profile or your access to your Profile, and the forfeiture and relinquishment of all Content. This information cannot be recovered once your account is terminated; however we may for a time retain residual information in our backup and/or archival copies of our database.
Modifications to the Services
• We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.
• Prices of all Services are subject to change upon thirty (30) days’ notice from the Company. Such notice may be provided at any time by posting the changes to the Site(s) or App.
• We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.
• We reserve the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Services after any such changes shall constitute your consent to such changes.
Copyright and Content Ownership
All right, title, and interest in and to the Services (excluding Content provided by you), are and will remain the exclusive property of us and our licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the Company name or any of the Company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the Services belongs to us or our third party licensors. Accordingly, any part of the Services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the Services.
Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify firstname.lastname@example.org.
Disclaimer of Warranties
THE SERVICES, AND ALL MATERIALS, INFORMATION, AND SERVICES INCLUDED IN THE SITE(s) AND APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTIES WHATSOEVER. WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE(S) OR APPS WILL BE CORRECTED. WE DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, CONTENT OR ADVICE OBTAINED THROUGH THE SERVICES. WE DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SITE(S) OR APPS.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE FORMS AND CONTENT ON THE SITE(S) AND THE APPS IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR LOSS OF DATA THAT RESULTS FROM THE SUBMISSION OR DOWNLOAD OF SUCH CONTENT.
Technical support is only provided to users and is only available via email. We will use commercially reasonable efforts to respond within a reasonable amount of time during regular business hours.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF OR RELIANCE ON THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES OR AS A RESULT OF YOUR REGISTERING FOR COMPANY SERVICES VIA THIRD PARTIES).
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, acts of God, or non-performance of third parties.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the Services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify the Company and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the Services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed into the Company including infringement of intellectual property laws or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of the Terms of Service). Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by an authorized representative of the Company.