A. Acceptance of Terms
If you're posting for a business, you must have the authority from the business owner to do so.
B. Membership and Accessibility
- LICENSE TO ACCESS
- MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Website is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Website and Services offered through this Website do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations.To use Thumbtack, you have to be 18, you have to submit truthful information, you can't break any laws, you can't 'scrape' or collect user information from our site, you can't recruit from our site for non-Thumbtack transactions, and you can't spam our users.
To access and participate in certain features of the Website, you will need to create a password-protected account ("Account"). You are solely responsible for safeguarding your password at all times and shall keep your password secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify Thumbtack immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another's Account without permission. You agree that you will not misrepresent yourself or represent your self as another user of the Website and/or the Services offered through the Website. You hereby acknowledge and agree that Thumbtack will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Thumbtack or others due to such unauthorized use. An Account holder is sometimes referred to herein as a "Registered User."Keep your password safe, and let us know if someone breaches your account. We aren't liable for problems that result from someone breaking into your account.
You acknowledge and agree that you shall comply with the following policies (the "Account Policies"):
- You will not copy or distribute any part of the Website in any medium without Thumbtack's prior written authorization.
- You will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose.
- You will provide accurate and complete information when creating your Account.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website for any purpose without Thumbtack's prior written approval.
- You shall not in any manual or automated manner collect service professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate Website information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way that transmits more request messages to the Thumbtack servers, or any server of a Thumbtack subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Thumbtack reserves the right to revoke these exceptions either generally or in specific cases.
- You shall not recruit, solicit, or contact in any form service professionals or Service Users for employment or contracting for a business not affiliated with Thumbtack without express written permission from Thumbtack. Should Thumbtack find that you violated the terms of this paragraph or any terms stated herein, Thumbtack reserves the right, at its sole discretion, to immediately terminate your use of the Website.
- You shall not take any action that (i) unreasonably encumbers or, in Thumbtack's sole discretion, may unreasonably encumber the Website's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Website or any third-party participation in the Website; or (iii) bypasses Thumbtack's measures that are used to prevent or restrict access to the Website.
- You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Website. We can terminate your account if you violate these rules.
- ADDITIONAL POLICIES
C. Member Conduct
- PROHIBITIONS ON SUBMITTED CONTENT
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Website, including your profile ("Profile"), the posting of your Service ("Offer"), the posting of your desired Service ("Want"), or the posting of any opinions or reviews ("Feedback") in connection with the Website, the Service, the service professional, or the Service User (all of the foregoing content is sometimes collectively referred to herein as "Submitted Content" and the posting of Submitted Content is sometimes referred to as a "Posting" or as "Postings") that:
- misrepresents the source of anything you post, including impersonation of another individual or entity or any false or inaccurate biographical information for any service professionals;
- is intended to harm or exploit any individual under the age of 18 ("Minor") in any way;
- is designed to solicit, or collect personally identifiable information of any Minor, including, but not limited to, name, email address, home address, phone number, or the name of his or her school;
- invades anyone's privacy by attempting to harvest, collect, store, or publish private or personally identifiable information, such as names, email addresses, phone numbers, passwords, account information, credit card numbers, home addresses, or other contact information without their knowledge and willing consent;
- contains falsehoods or misrepresentations that could damage Thumbtack or any third party;
- is pornographic, harassing, hateful, illegal, obscene, defamatory, libelous, slanderous, threatening, discriminatory, racially, culturally or ethnically offensive; incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence; encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; promotes racism, hatred or physical harm of any kind against any group or individual; contains nudity, violence or inappropriate subject matter; or is otherwise inappropriate; Don't use this website to launder money or advertise for services you aren't offering here.
- is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant Thumbtack all of the license rights granted herein;
- contains or promotes an illegal or unauthorized copy of another person's copyrighted work, such as pirated computer programs or links to them, information to circumvent manufacture-installed copy-protection devices, pirated music or links to pirated music files, or lyrics, guitar tabs or sheet music, works of art, teaching tools, or any other item the copy, display, use, performance, or distribution of which infringes on another's copyright, intellectual property right, or any other proprietary right;
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason on the basis of age, gender, disability, ethnicity, sexual orientation, race, or religion; or to incite or encourage anyone else to do so;
- intends to harm or disrupt another user's computer or would allow others to illegally access software or bypass security on websites or servers, including but not limited, to spamming;
- impersonates, uses the identity of, or attempts to impersonate a Thumbtack employee, agent, manager, host, another user, or any other person though any means;
- advertises or solicits a business not related to or appropriate for the Website (as determined by Thumbtack in its sole discretion);
- contains or could be considered "junk mail", "spam", "chain letters", "pyramid schemes", "affiliate marketing", or unsolicited commercial advertisement;
- contains advertising for ponzi schemes, discount cards, credit counseling, online surveys or online contests;
- distributes or contains viruses or any other technologies that may harm Thumbtack, or the interests or property of Thumbtack users;
- is non-local or irrelevant content;
- contains identical content to other open Postings you have already posted; or
- uses any form of automated device or computer program that enables the submission of Postings without the express written consent of Thumbtack.
- PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing:
- offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or
- unsolicited advertising or marketing of a service not offered on the Website or an external website.
- NO DISCRIMINATION
- Employment Postings. Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. Thumbtack will not knowingly accept any Posting for employment which is in violation of the law. Thumbtack has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Posting that discriminates or is any way in violation of any federal, state, or local law.
- Real Estate Postings. The Federal Fair Housing Act of 1968 prohibits real estate postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, handicap or familial status or an intention to make any such preference, limitation or discrimination. Thumbtack will not knowingly accept any Posting for real estate which is in violation of the law.
- PROHIBITIONS WITH RESPECT TO SERVICES
While using the Website, you shall not:
- post content or items in any inappropriate category or areas on the Website;
- fail to deliver payment for Services purchased by you, unless the service professional has materially changed the description of the Service description after you negotiate an agreement for such Service, a clear typographical error is made, or you cannot authenticate the service professional's identity;
- fail to perform Services purchased from you, unless the Service User fails to materially meet the terms of the mutually agreed upon agreement for the Services, refuses to pay, a clear typographical error is made, or you cannot authenticate the Service User's identity;
- manipulate the price of any Service or interfere with other users' Postings; Don't try to manipulate your feedback rating.
- circumvent or manipulate our fee structure, the billing process, or fees owed to Thumbtack;
- post false, inaccurate, misleading, defamatory, or libelous content (including personal information about any Website user);
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Website or using it for purposes unrelated to the Website);Be truthful in the feedback you post about people. Don't be meaner or nicer than the service professional deserves. We will kick you off Thumbtack if you try to blackmail someone by threatening to give them bad feedback that isn't deserved.
As a participant in the Website, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback for another user unless that user provides services not included in the original Posting or not agreed to as part of the Service to be provided; (b) leaving Feedback in order to make the service professional or Service User appear better than he or she actually is or was; and (c) including conditions in an Offer or Want that restrict a service professional or a Service User from leaving Feedback.
- Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, Thumbtack, in its sole discretion, may take any of the following actions: (i) cancel your Feedback or any of your Postings; (ii) limit your Account privileges; (iii) suspend your Account; and/or (iv) decrease your status earned via the Feedback page.Let us know if you see inappropriate feedback. We can remove any feedback postings at our own discretion.
- Reporting Inappropriate Use of Feedback. You may contact Thumbtack regarding any inappropriate use of Feedback via-email at email@example.com.
- Resolving Disputes in Connection with Feedback. In the event of any dispute between users of the Website concerning Feedback, Thumbtack shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE WEBSITE CONCERNING FEEDBACK, THUMBTACK HAS THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO REMOVE SUCH FEEDBACK OR TAKE ANY ACTION IT DEEMS REASONABLE WITHOUT INCURRING ANY LIABILITY THEREFOR.
The foregoing lists of prohibitions provide examples and is not complete or exclusive. Thumbtack reserves the right to (a) terminate your access to your Account, your ability to post to this Website (or the Services) and (b) refuse, delete or remove, move or edit the content, in whole or in part, of any Postings; with or without cause and with or without notice, for any reason or no reason, or for any action that Thumbtack determines is inappropriate or disruptive to this Website or to any other user of this Website and/or Services. Thumbtack reserves the right to restrict the number of e-mails or other messages that you are allowed to send to other users to a number that Thumbtack deems appropriate in Thumbtack's sole discretion. Thumbtack may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Thumbtack's discretion, Thumbtack will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website or on the Internet. Thumbtack does not and cannot review every Posting posted to the Website. These prohibitions do not require Thumbtack to monitor, police or remove any Postings or other information submitted by you or any other user. Thumbtack is too big for us to monitor on our own, so we can't guarantee we'll remove every bad thing that people post here.
D. Rules for service professionals
- PROFILES AND OFFERS MUST NOT BE FRAUDULENT
- PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT THUMBTACK FEES
- PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL WEBSITE USERS
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE PROFESSIONALS
If a service professional violates any of the above-referenced rules in connection with his or her Posting, Thumbtack, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the service professional's Account privileges; (c) suspend the service professional's Account; (d) cause the service professional to forfeit any fees earned on a canceled Posting; and/or (e) decrease the service professional's status earned via the Feedback page.Don't contact a service professional unless you think you might actually use their service. Once you've agreed to a service and a price, don't renege on your promise to pay.
E. Rules for Service Users
- SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the service professional's terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by Thumbtack in connection with the use or purchase of any Service.
- SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with his or her Posting, Thumbtack, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Service User's Account privileges; (c) suspend the Service User's Account; and/or (d) decrease the Service User's status earned via the Feedback page.
F. Use of Submitted Content
- NO CONFIDENTIALITY
The Website may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Offer, your Wants, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, Thumbtack does not guarantee any confidentiality with respect to any Submitted Content.We can't guarantee the confidentiality of anything you post publicly.
You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Website is provided on a non-proprietary and non-confidential basis. You agree that Thumbtack shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services. You're responsible for what you post.
- YOUR REPRESENTATIONS AND WARRANTIES
- YOUR OWNERSHIP RIGHTS AND LICENSE TO THUMBTACK
You acknowledge and understand that the technical processing and transmission of the Website, including your Submitted Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We are not liable for anything posted by Thumbtack's users, and we can remove any user content on the website whenever we want.
You may remove your Submitted Content from the Website at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire.
- THUMBTACK'S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Website, you will be exposed to Submitted Content from a variety of sources, and that Thumbtack is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Thumbtack with respect thereto, and agree to indemnify and hold Thumbtack, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. Thumbtack will at times check to see if users come up in the DOJ Sex Offender registry. If you don't want us to run a check using your name and zip code, don't sign up.
- You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content, that you publish or display on or through the Website, or transmit to other Website users. You understand and agree that Thumbtack may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Website users or others.
G. Mandatory Third Party Verification Service
Thumbtack uses a variety of tools in an effort to make our website as safe as possible for service professionals and Service Users. Among these tools are mandatory searches for all users in the Department of Justice's "Dru Sjodin National Sex Offender Public Website" ("DOJ SMART Screen"). Do not register as a user on Thumbtack if you do not want Thumbtack to search for you in the DOJ Smart Screen. By requesting to use, registering to use, and/or using Thumbtack, you represent and warrant that you and each member of your household have not been and are not currently required to register as a sex offender with any government entity.
By registering as a user on the Website, you do hereby consent to allow Thumbtack to perform the DOJ SMART Screen using information you provide, and you understand that Thumbtack may review the information provided by the third-party verification service. You hereby authorize Thumbtack to verify your representations and warranties herein, and you acknowledge that Thumbtack reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless Thumbtack from any loss or liability that may result from the DOJ Smart Screen. In addition, you do hereby represent, understand and expressly agree that Thumbtack offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. Thumbtack retains the right to terminate your Thumbtack membership based on the information provided by this third party verification service. If you want, we can use a third-party verification service to verify your identity, credentials, and other public records. We charge for this extra service. The service helps you because it shows other users that you're who you say you are. We can't guarantee the accuracy of the information we collect from these third-party sources.
H. Optional Third Party Verifcation Services
Thumbtack uses a variety of tools in an effort to make our website as safe as possible for service professionals and Service Users. Among these tools are optional name verification, address verification, social security number verification, and criminal background checks for service professionals. Thumbtack uses PayPal.com to perform name and address verification and Acxiom Information Security Services to verify social security numbers and perform criminal background checks.
Thumbtack may make these or other third-party verification services available to service professionals and Service Users. service professionals and Service Users may use these services to verify information such as, but not limited to, name, address, social security number, criminal background, and professional license credentials. By requesting to use, registering to use, and/or using the Site, you represent and warrant that you and each member of your household have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others. You hereby authorize Thumbtack to verify your representations and warranties herein, and you acknowledge that Thumbtack reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion.
Use of the optional third-party verification services is voluntary. If you decide to use or access information provided by a third-party verification service offered through the Website, you do hereby represent, understand and expressly agree that Thumbtack offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that Thumbtack may review the information provided by the third-party verification service and that Thumbtack retains the right to terminate your Thumbtack membership based on the information. You affirm that all of the information you provide to Thumbtack as part of these third-party verification services is correct, complete, and applicable to you.
service professionals may choose whether to make the information obtained from third-party verification services public on the Thumbtack. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party's decisions to engage you as a service professional. You agree to indemnify and hold harmless Thumbtack from any loss or liability that may result from your sharing this report publicly.
I. Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Thumbtack, Inc. notifies you that it may, as part of your use of a third-party verification service, obtain a consumer report about you from a consumer reporting agency. Consumer reports may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers' compensation, driving, employment, military, civil, and educational data and reports. If you decide to use or access information provided by a third-party verification service offered through the Site, you warrant that you will comply with the FCRA, which can be found at http://www.ftc.gov/os/statutes/fcrajump.shtm, and all other applicable consumer reporting laws. If you decide to access, use, or share information provided by a third-party verification service offered through the Site with any other party (either through this Site or otherwise), you agree to do so in accordance with applicable law and to indemnify and hold Thumbtack harmless from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. Thumbtack does not assume and expressly disclaims any liability that may result from the use of information provided by a third-party verification service. You have a number of rights, and we have a number of obligations, regarding the handling of any personal information that you authorize us to collect from third-party verification services. The Fair Credit Reporting Act dictates these rights and obligations. We will comply with all of our obligations, and you are free to exercise your rights, under this law.
J. Copyright Infringement Take Down Procedure
Pursuant to the Digital Millennium Copyright Act of 1998 ("DMCA"), Thumbtack has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent (see 17 U.S.C. ß 512(c)(3) for further detail): (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) 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 at the Website, and information reasonably sufficient to permit Thumbtack to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Thumbtack to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice." If you think your copyright or trademark is being infringed on Thumbtack, please follow these procedures to notify us about it. We'll try to help you solve the problem.
Thumbtack's designated Copyright Agent to receive Notice of claimed infringement is: Alexander Daniels, who can be contacted as follows via: mail: 1001 Page Street, Suite #45, San Francisco, CA 94117; e-mail: firstname.lastname@example.org; telephone: 888-560-7962; fax: 415 738 8329. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Thumbtack customer service via e-mail at email@example.com.
You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Thumbtack will remove any infringing material, subject to the procedures outlined in the DMCA. Notwithstanding Thumbtack's instructions above, you are solely responsible for ensuring that any Notice you provide to Thumbtack complies with the provisions of the DMCA.
K. Modifications to or Termination of Website
- MODIFICATION OR CESSATION OF WEBSITE
Thumbtack reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice and in its sole discretion. You agree that Thumbtack shall not be liable to you or to any third party for any modification, suspension or discontinuance of Thumbtack services.We will modify Thumbtack frequently in order to improve it.
- TERMINATION BY THUMBTACK
- TERMINATION BY YOU
- EFFECT OF TERMINATION
Unless Thumbtack has previously canceled or terminated your use of the Website (in which case subsequent notice by Thumbtack shall not be required), if you provided a valid email address during registration, Thumbtack will notify you via email of any such termination or cancellation, which shall be effective immediately upon Thumbtack's delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of Thumbtack Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that Thumbtack shall not be liable to you or any third party for any termination of your access to the Website. Upon Termination of Service, Thumbtack retains the right to use any data collected from your use of the Website for internal analysis and archival purposes, and all related licenses you have granted Thumbtack hereunder shall remain in effect for the foregoing purpose. In no event is Thumbtack obligated to return any Submitted Content to you. Sections H, K, L, O, P, Q, S, T, and U (including the section regarding limitation of liability), shall survive expiration or termination of the Website or your Account.
You agree to indemnify and hold Thumbtack, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
L. Intellectual Property Rights
- THUMBTACK OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Thumbtack, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Website are the property of their respective owners.
Data on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Thumbtack reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Website for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
- THUMBTACK'S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
Thumbtack may authorize you to use an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website; provided, however, that you provide a link back to the Website on any pages that contain the Embeddable Player. Thumbtack reserves the right to discontinue any aspect of the Website at any time.
- FEES INCURRED BY SERVICE PROFESSIONALS
Joining Thumbtack, posting Services and viewing posted Services is free. Thumbtack reserves the right at its sole discretion to charge fees to service professionals for other services that Thumbtack may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Thumbtack, or conducting transactions with Service Users through Thumbtack.Thumbtack offers service professionals leads for new clients on an opt-in basis. You only pay for what you want! You can read more about the benefits of listing on Thumbtack here and more about the leads program here. In the future, Thumbtack may also offer premium services, such as tax preparation and bookkeeping, and we reserve the right to charge for these premium services.
Thumbtack may in the future offer additional premium services, like tax preparation and bookkeeping, that service professionals can also choose to purchase. Thumbtack reserves the right to charge fees for these services at its sole discretion.
- FEES INCURRED BY SERVICE USERS
Joining Thumbtack, viewing posted Services, and bidding on posted Services is free. Thumbtack currently charges Service Users no fees for transactions completed on the Website between Service Users and Services service professionals. However, Thumbtack reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Thumbtack has provided you with fourteen (14) days' notice by posting the changes on the Website. Thumbtack currently charges no fees to consumers. Thumbtack may at some point charge a small fee to consumers for using Thumbtack.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a service professional who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests. You have to pay your taxes for any income you receive in transactions resulting from using Thumbtack. We are not liable for your nonpayment of taxes.
- REFUND POLICY
All sales on Thumbtack are final and non-refundable
N. Negotiation of Terms of Service; Disputes Between Registered Users
- NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Thumbtack provides a general framework for negotiating the terms of Service (e.g., rate) ("Negotiation Worksheet"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Negotiation Worksheet. We try to facilitate transactions on Thumbtack by providing template agreements between buyers and sellers. These templates, however, are only suggestions, and we are not liable for any problems arising from using our templates.
You should not rely on the any information or resources contained on the Website, including, without limitation, the Negotiation Worksheet, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Thumbtack makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Websites, including, without limitation, the Negotiation Worksheet. In no way will Thumbtack be responsible for any actions taken or not taken based on the information or resources provided on this Website. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Website, however provided.
- THUMBTACK IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Thumbtack is NOT a party to any oral or written Agreement for Service, Negotiation Worksheet, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Website.Thumbtack is just an intermediary between buyers and sellers, and we are not a party to any contract between website users.
- NO AGENCY OR PARTNERSHIP
- DISPUTES BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Website participants in connection with Feedback (referred to above in Section 5), your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users. You should try to investigate the trustworthiness of anyone with whom you plan to contract. If there's a dispute between you and another Thumbtack user, we have no obligation to get involved. We aren't liable for any problems arising from these disputes.
You understand that deciding whether to use the Services of a service professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that Thumbtack does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT THUMBTACK SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE WEBSITE, OR BETWEEN REGISTERED USERS OR ANY WEBSITE USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT THUMBTACK IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE WEBSITE USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE THUMBTACK, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE WEBSITE OR ANY SERVICE PROVIDED THEREUNDER. If you have a dispute with us, please try to approach us and negotiate the problem informally. If you insist on suing us, we have the right to take the dispute to mediation or arbitration. If the dispute goes to court, we will resolve the dispute in San Francisco courts.
O. Dispute Resolution
- GOVERNING LAW
Aspects of the Website and other Thumbtack services may be supported by advertising revenue. As such, Thumbtack may display advertisements and promotions on the service. The manner, mode and extent of advertising by Thumbtack on the Website are subject to change. You agree that Thumbtack shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Website. We might eventually use advertising as an additional revenue stream for Thumbtack. We will try to make sure this doesn't hurt your revenue from using Thumbtack, but we can't guarantee it.
Q. Third-party Links, Contact Forms and Phone Numbers
One example of a third-party with whom Thumbtack has partnered is Pound Payments, Inc. (“PoundPay”). PoundPay is responsibile for all aspects of order processing, fulfillment, billing and customer service related to the products and services they offer. We are not a party to the transactions entered into between you and PoundPay or between you and other Service Users. If you use services provided by PoundPay, you acknowledge and agree that your conduct is exclusively governed by and subject to the Terms and Conditions found on the PoundPay website.
R. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THUMBTACK AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, THE SERVICES OFFERED ON OR THROUGH THIS WEBSITE, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS WEBSITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THUMBTACK DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, 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, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THUMBTACK DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. THUMBTACK WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD-PARTY service professionalS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
S. Limitations of Liability
- IN NO EVENT SHALL THUMBTACK, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE WEBSITE OR ANY SERVICES OFFERED BY ANY service professionalS VIA THE WEBSITE, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE WEBSITE, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE WEBSITE IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE WEBSITE; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE WEBSITE OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THUMBTACK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Thumbtack and its employees are not liable for problems arising from contracts or disputes between parties, mistakes on our website, unauthorized access to the website, viruses contracted on the website, interruptions in service, offensive or illegal conduct of any user or third party, or anything illegal posted by a user.
- IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THUMBTACK, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE WEBSITE, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THUMBTACK BY YOU HEREUNDER.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THUMBTACK SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THUMBTACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM OR RELATING TO ANY CONTRACT BETWEEN WEBSITE USERS ENTERED INTO INDEPENDENTLY OF THE WEBSITE.
- FORCE MAJEURE
T. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU FOREVER RELEASE THUMBTACK (AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AGENTS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR ANY SUBMITTED CONTENT.
- If you are a California resident, you waive California Civil Code Section 1542, which provides the following:
- 1. A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
- If you are not a California resident, you waive your rights under any statute similar to California Civil Code section 1542 that governs your rights in the jurisdiction of your residence.
U. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS Q AND R MAY NOT APPLY TO YOU.
V. No Third-party Beneficiaries
X. General Information
- STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- SECTION HEADINGS