Terms & Conditions of Use PeopleCaddie Services

Please carefully review the following terms and conditions of use (“Terms of Use”) that govern your access and use (“Use”) of the PeopleCaddie (“PeopleCaddie”, “we”, “us”, and “our”) website [www.peoplecaddie.com] (“Site”), or mobile application (each an “App”), (App and Site, collectively, “Sites”), and any other websites, platforms, features, applications, widgets or online services that are owned or controlled by PeopleCaddie (collectively with the Sites, the “Services”) as well as any information PeopleCaddie collects offline in connection with the Services. By downloading, installing or Using this mobile application or software, or accessing our website, you (“User”, “you” or “your”) agree to the Terms of Use below.

I. GENERAL TERMS OF USE AND RESTRICTIONS ON USE

Access:   Subject to these Terms of Use, PeopleCaddie grants Users a limited, revocable, nonexclusive, nontransferable personal right to access and make use of the Services solely for the benefit of the User and no other commercial purpose. If you do not comply with these Terms of Use, PeopleCaddie reserves the right to revoke your license or limit your access to the Site.

Children:   The Services are not aimed at nor are intended for children under the age of 18. If you are under the age of 13, please DO NOT USE the Site. PeopleCaddie does not accept registration from children under the age of 13 and no one under the age of 13 may provide any information to or through the Sites. If you are above the age of 13 and under the age of 18, you must obtain parental consent before using the Site.

Copyrights and Trademarks:   All content and materials on the Sites, such as text, graphics, logos, button icons, images, digital downloads, data compilations and software is the property of PeopleCaddie and/or third party licensors and protected by United States and international copyright laws. All trademarks, trade dress, service marks, and trade names are proprietary to PeopleCaddie. The content and materials are intended for your personal, noncommercial use. You may make one copy of the materials displayed on the Site for your personal, noncommercial use only. No right, title or interest in any content or materials is transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, sell or distribute in any way the content and materials on the Site.

Restrictions on Use:   You agree to use the Services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using the Services. While using the Services, you will not:

  • Violate any laws, regulations, third party rights, including intellectual property rights, or PeopleCaddie’s policies;

  • Be libelous, defamatory, harmful, harassing, threatening, misleading, or discriminatory;

  • Affect us adversely or reflect negatively on the Sites, PeopleCaddie, our goodwill, name or reputation;

  • Take any action to circumvent, compromise or defeat any security measures implemented in the Sites including to gain unauthorized access to the Sites, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Sites or to use the Sites in any manner which violates or is inconsistent with these Terms of Use;

  • Modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Sites or the rights or use and enjoyment of the Sites by any other person, company or agency (collectively, “Person”); or collect, obtain, compile, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, posted by or concerning any other Person in connection with use of the Sites, unless you have obtained the express, prior permission of such other Person.

Registration and Account Information:   To use the Services offered through the Sites, a User must register and create an account. To register and create an account, you must create login credentials (a username and password) and provide personal information (“Registered Account”). As a registered User, you must maintain confidentiality of your login credentials and remain responsible for all activities that occur under your Registered Account. Should you become aware of or suspect any unauthorized use(s) of your Registered Account, you will immediately notify PeopleCaddie. You will ensure that you exit from your Registered Account at the end of each session when accessing the additional services.

Rating:   In the course of using the Services, “Clients” (anyone utilizing the Sites to request services to be performed by a Contractor) will provide a performance rating (“Rating”) of the work performed by a Contractor (any company, individual user, or groups of associated individual users or companies utilizing the Sites to offer services to Clients) once the Services are completed. Only Users of the Services will be able to view the Rating. This Rating will be displayed on the Contractor’s Profile and Contractors will be unable to remove the Rating given to them by Clients. Contractors have their lowest score(rating) dropped after each five (5) separate Services are completed. Contractors are not to contact the Client regarding the Rating.  Violations of this provision may include suspension or termination of Your use of and access to the Services.PEOPLECADDIE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, AND EXPRESSLY DISCLAIMS ALL LIABILITY, RELATED TO THE RELIABILITY, TIMELINESS AND/OR ACCURACY OF, OR THE DIRECT OR INDIRECT IMPACT OF, ANY INDIVIDUAL RATING OR COMPOSITE RATING THAT A CONTRACTOR MAY RECEIVE IN CONNECTION WITH THE PERFORMANCE OF WORK HEREUNDER. YOU AGREE THAT RATINGS ARE FOR INFORMATIONAL PURPOSES ONLY, AND ARE COMPLETELY BEYOND THE CONTROL OF PEOPLECADDIE. YOU FURTHER AGREE THAT PEOPLECADDIE AND CLIENTS, AND THEIR RESPECTIVE EMPLOYEES AND HIRING MANAGERS, HAVE NO RESPONSIBILITY OR LIABILITY TO YOU WHATSOEVER RELATED TO ANY RATING YOU RECEIVE. PEOPLECADDIE DOES NOT MONITOR, REVIEW, APPROVE, CONTROL OR OTHERWISE RESTRICT RATINGS IN ANY MANNER WHATSOEVER.

PRIVACY

When you create an account to access Services offered on the Sites, you will provide PeopleCaddie with Personally Identifiable Information (defined in Privacy Policy). Our Privacy Policy explains how we treat and protect your Personally Identifiable Information when you Use our Services. The terms and conditions of our Privacy Policy are hereby expressly incorporated into these Terms of Use.

LINKS

PeopleCaddie or third parties may provide links to other websites or resources on the internet through the Sites. PeopleCaddie has no control over such websites or resources. As such, you agree that we are not responsible for the availability of other external websites or resources and are not responsible for any content, advertising, products, or materials on or available from such websites or resources. You access the other linked websites and resources at your own risk.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE SERVICES ARE PROVIDED BY PEOPLECADDIE ON AN “AS IS” AND “AS AVAILABLE” BASIS. PEOPLECADDIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PEOPLECADDIE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. PEOPLECADDIE IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INCORRECT INFORMATION POSTED ON THE SITES OR RESULTS OF YOUR USE OF THE INFORMATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

PEOPLECADDIE USES REASONABLE EFFORTS TO MAINTAIN ITS SITES AND SERVICES BUT PEOPLECADDIE IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE SITES, SERVICES, RELATED TECHNOLOGY, OR ANY PART THEREOF, ANY CONTENT POSTED USING THE SERVICES, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE SERVICES MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS; OR (C) CAUSES BEYOND THE CONTROL OF PEOPLECADDIE OR WHICH ARE NOT FORESEEABLE BY PEOPLECADDIE.

BY AGREEING TO THESE TERMS AND/OR USING THE SERVICES, YOU HEREBY AGREE THAT YOU ARE WAIVING ALL RIGHTS YOU MAY HAVE TO BRING ANY CLAIM, CAUSE OF ACTION, OR OTHER REQUEST FOR RELIEF AGAINST PEOPLECADDIE, CLIENT, OR THEIR RESPECTIVE HIRING MANAGERS OR EMPLOYEES IN CONNECTION WITH YOUR COMPOSITE RATING OR ANY INDIVIDUAL RATING YOU MAY RECEIVE RELATED TO THE PERFORMANCE OF WORK HEREUNDER, OR THE PERCEIVED IMPACT OF ANY SUCH RATING. THE FOREGOING WAIVER INCLUDES, BUT IS NOT LIMITED TO, ANY AND ALL CLAIMS RELATED TO A PERCEPTION THAT A RATING IS UNFAIR, BIASED OR PREJUDICED IN ANY MANNER. NEITHER PEOPLECADDIE, ANY CLIENT, OR THEIR RESPECTIVE EMPLOYEES AND HIRING MANAGERS SHALL BE LIABLE FOR: (I) ANY DAMAGES, LIABILITIES OR LOSSES RELATED TO ANY RATING; (II) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY CLIENT, OTHER USER OR CONTRACTOR, INCLUDING IN CONNECTION WITH ANY RATING; AND (III) YOUR USE OR RELIANCE ON ANY RATING YOU RECEIVE. YOU AGREE THAT THE ENTIRE RISK ARISING OF YOUR PERFORMANCE OF WORK AND THE ASSOCIATED RATINGS YOU RECEIVE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

NEITHER PEOPLECADDIE NOR ITS AFFILIATES SHALL BE LIABLE TO YOU FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION

If you use the Services in any way that results in damage to PeopleCaddie, you will need to take responsibility for such damage. You agree to indemnify, defend and hold harmless PeopleCaddie, our affiliates and our officers, directors, shareholders, and agents (collectively, the “Indemnified Parties”) from and against any and all third party claims, demands, obligations, damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees, arising from (a) your access or use of the Services; (b) breach of these Terms of Use; or (c) infringement or misappropriation of any intellectual property or other rights of PeopleCaddie or third parties by you. Contractors agree to indemnify, defend and hold harmless the Indemnified Parties from any and all claims in regards to Rating(s) they have received by Client(s).

EXPORT

Unless otherwise specified, the materials in and/or on the Sites are presented solely for the purpose of promoting Services that are available in the United States. In accessing the Sites, you are responsible for compliance with local laws, if and to the extent local laws are applicable. Certain software or other materials that you may obtain through the Sites may be further subject to export controls. You will comply with all applicable export and re-export restrictions, laws, and regulation and you will not transfer, encourage, assist, or authorize the transfer of any software or materials to a prohibited country or otherwise in violation of any restriction, law or regulation.

TERMINATION

These Terms of Use are effective unless and until terminated by PeopleCaddie. You may terminate these terms at any time by discontinuing use of the Services and destroying all materials obtained from any and all Sites and all related documentation and all copies and installations thereof, whether made under terms and conditions or otherwise. Your access to the Services may be suspended or terminated immediately without notice from us if, in our sole discretion, you fail to comply with any term or provision of these Terms of Use. Upon termination, you must cease use of the Services and destroy all materials obtained from such site and all copies thereof, whether made under these terms and conditions or otherwise.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

If you believe that the Sites contain elements that infringe your copyrights, please provide PeopleCaddie’s designated copyright agent with the following information in writing:

  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PeopleCaddie
8770 West Bryn Mawr Avenue, Suite 710
Chicago, Illinois 60631
United States of America
Attention: Legal Department

For additional information regarding this procedure, please reference 17 U.S.C. § 512.

DISPUTES

Arbitration:   Any claim, dispute, or controversy arising out of or relating to the Services, these Terms of Use, or the breach, termination, enforcement, interpretation or validity of this Agreement, will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") before a single arbitrator. Payment of all filing, administration and arbitrator fees will be governed by AAA’s applicable rules. The arbitration shall be held in Chicago, Illinois. The arbitrator's decision shall be controlled by these Terms of Use and any of the other agreements referenced herein.

Limitation on Time to File:   IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Arbitration on an Individual Basis Only; Class Arbitration Waiver:   PEOPLECADDIE AND YOU AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND AGREE THAT THESE TERMS OF USE DO NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF FOR ANY REASON, A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, PEOPLECADDIE AND YOU WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST EACH OTHER.

Applicable Law:   You agree that the laws of the State of Illinois, without giving effect to any principles of conflicts of law, govern these Terms of Use and any dispute of any sort that may arise between you and us or any of our Affiliates. PeopleCaddie and you acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the foregoing paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the Terms of use shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16.

Conflict:   If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

MISCELLANEOUS

Entire Agreement:   These Terms of Use, together with our Privacy Policy, Cookie Policy, any additional terms, rules, or other policies to which PeopleCaddie refers contain the entire agreement between you and PeopleCaddie and supersedes any prior or contemporaneous agreements concerning the subject matter hereof.

Waiver:   No delay or omission by PeopleCaddie or you in exercising any right under these Terms of Use will operate as a waiver of that or any other right.

Modification:   We reserve the right to modify these Terms of Use or any additional terms that apply to the Site, at any time without notice. You should review these Terms of Use regularly. Your continued access or Use of the Site after the Terms of Use have been revised and reposted constitutes your express consent to the modified Terms of Use.

Severability:   If a particular term or condition is deemed not enforceable, invalid or void, that term or condition shall be deemed servable and not affect the validity and enforceability of any remaining terms or conditions.

These Terms of Use were last modified on June 12, 2017 and are effective immediately.

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