A. Acceptance of Terms
1. MEMBERSHIP ELIGIBILITY CRITERIA
You need not register with Thumbtack to simply visit and view the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may also register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password").
You are solely responsible for safeguarding your Thumbtack password and, if applicable, your Third-Party Site Password (collectively, "Passwords") 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 yourself as another user of the Platform and/or the Services offered through the Platform. 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."
2. ACCOUNT POLICIES
You acknowledge and agree that you shall comply with the following policies regarding your account (the "Account Policies"):
- You will provide truthful, accurate and complete information when creating your Account, and you will maintain the accuracy of such information.
- You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform 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, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site.
- You shall not in any way transmit 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.
- You shall not take any action that (i) unreasonably encumbers or, in Thumbtack's sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Thumbtack's measures that are used to prevent or restrict access to the Platform.
- You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform 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 Platform. Should Thumbtack find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Thumbtack reserves the right, at its sole discretion, to immediately terminate your use of the Platform.
Tip: You can use Thumbtack as long as you comply with its policies and are at least 18 years of age. You are responsible for your actions when using Thumbtack.
C. Member Conduct
1. 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 Platform, 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 in connection with the Platform, the Service, the Service Professional, or the Service User ("Feedback") (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:
- 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; constitutes or 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;
- 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 manufacturer 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 through any means;
- advertises or solicits a business not related to or appropriate for the Platform (as determined by Thumbtack in its sole discretion) including, but not limited to, a business not in our supported categories of Home, Events, Lessons, Wellness and More, a business providing only products (e.g. cell phones, furniture, etc.), a third-party service such as a directory or referral service, a lending service, a business offering rental space, a business promoting attendance at an event (e.g. a New Year?s Eve party or professional convention), or a business based outside of the United States;
- 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; or
- for content in Offers specifically, contains any content that overtly damages the Service User experience, including but not limited to requests to download non-Thumbtack mobile applications and/or links that direct the user to "mirrored" websites where the user must enter information that is redundant with what has already been entered on Thumbtack.
You shall notify us immediately upon becoming aware of the commission by any person of any restricted uses of the Services or the posting of prohibited content by using the contact information listed below and shall provide us with reasonable assistance in any investigations we conduct in light of the information you provide in this respect.
2. 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 Platform or an external website.
3. 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 in 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.
4. PROHIBITIONS WITH RESPECT TO SERVICES
By offering services through the Platform, Service Professionals hereby represent and warrant that they, and their employees, agents, contractors, subcontractors or employees who may perform work for them, are properly and fully licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing. Thumbtack may review license information provided by Service Professionals either in our discretion or at the request of the Service Professional, but cannot guarantee the accuracy or completeness of any such information, or guarantee that a Service Professional is qualified to perform any given service. It is solely the responsibility of each Service User to determine whether a given Service Professional is qualified and capable of rendering services to them.
While using the Platform, you shall not:
- post content or items in any inappropriate category or areas on the Platform;
- fail to deliver payment for Services purchased by you, unless the Service Professional has materially changed 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;
- 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 Platform user); or
- take any action that may undermine the Feedback or ratings systems (such as displaying, importing or exporting Feedback information off of the Platform or using it for purposes unrelated to the Platform).
As a participant in the Platform, 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. The foregoing list of prohibitions provide examples and are not complete or exclusive.
- 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.
- 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 Platform concerning Feedback, Thumbtack shall be the final arbiter of such dispute. Further, IN THE EVENT OF ANY DISPUTE BETWEEN USERS OF THE PLATFORM 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.
Thumbtack reserves the right to (a) terminate your access to your Account or your ability to post to this Platform (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 Platform or to any other user of this Platform and/or Services. Thumbtack reserves the right to restrict the number of emails 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 Platform or on the Internet. Thumbtack does not and cannot review every Posting posted to the Platform. These prohibitions do not require Thumbtack to monitor, police or remove any Postings or other information submitted by you or any other user.
Tip: Use Thumbtack as it was intended to be used. Don?t upload inappropriate or irrelevant content, violate any laws or take any actions that will undermine the integrity and usefulness of the platform.
D. Additional Rules for Service Professionals
1. PROFILES AND OFFERS MUST NOT BE FRAUDULENT
2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT THUMBTACK FEES
3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS
4. 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.
Tip: Service Professionals must provide accurate information and their profile information must comply with our terms.
E. Additional Rules for Service Users
1. 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.
2. 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
1. NO CONFIDENTIALITY
You agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Platform, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. 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.
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO THUMBTACK
You acknowledge and understand that the technical processing and transmission of the Platform, 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.
4. THUMBTACK'S DISCLAIMERS AND RIGHT TO REMOVE
- You acknowledge and understand that when using the Platform, 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 Platform.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Thumbtack, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, Thumbtack shall have no obligation concerning the Suggestions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Suggestions. You understand and agree that Thumbtack is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution. Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Thumbtack is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions.
Tip: Content that you provide to Thumbtack is public to users with access to Thumbtack?s platform. In providing that content to Thumbtack you represent that you own that content and/or have all necessary permissions to post it, if permission is required.
G. Mandatory Third-Party Verification Services
Thumbtack uses a variety of tools in an effort to make the Platform as safe as possible for Service Professionals and Service Users. Among these tools are mandatory third-party verifications of professionals which may include identity, background, criminal, sex offender, reputation and other quality screens. Thumbtack reserves the right to conduct these screens during sign up and at any future time during a Service Professional?s use of the Platform.
By registering as a Service Professional on the Platform, you do hereby consent to allow Thumbtack to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Professional. You acknowledge and understand that Thumbtack may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Professional on Thumbtack if you do not want Thumbtack to verify you using third-party service providers.
You hereby authorize Thumbtack to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to Thumbtack, 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 ANY THIRD-PARTY SCREENS. In addition, you do hereby understand and expressly agree that Thumbtack does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. Thumbtack retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services.
Tip: Thumbtack may screen service professionals with third-party verifications as a condition of use of the platform.
H. Optional Third-Party Verification Services
In addition to the mandatory checks described above, Thumbtack offers Service Professionals the ability to opt into several verifications that may reflect on their trustworthiness to Service Users. The services described below are not exhaustive and do not limit Thumbtack?s optional or mandatory verifications. Thumbtack reserves the right to offer new verifications or remove existing verification options at any time.
Thumbtack uses third-parties to provide criminal background check services to Service Professionals. These checks are meant to verify a Service Professional's identity and trustworthiness to Service Users. Thumbtack also seeks to allow Service Professionals to showcase their professional license credentials. Thumbtack uses available public information to facilitate the verification of Service Professionals' licenses, but cannot guarantee the accuracy or completeness of that information.
Thumbtack may make these or other third-party verification services available to Service Professionals. Service Professionals may use these services to verify information such as, but not limited to, criminal background and professional license credentials.
Use of the optional third-party verification services is voluntary. You affirm that all of the information you provide to Thumbtack as part of these optional third-party verification services is correct, complete, and applicable to you. If you decide to use or access information provided by a third-party verification service offered through the Platform, you do hereby 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 or the information provided by them. 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 Account based on such information.
If you use the optional third-party verification services, you understand that the information in the report may be displayed publicly on your Profile and may factor into Service Users' 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.
Tip: Thumbtack offers optional background checks to all pros. Where possible, Thumbtack will also showcase confirmed licenses for pros who provide their license information. These verifications are optional, and Thumbtack does not take responsibility for the results of these verifications.
I. Fair Credit Reporting Act
Pursuant to the Fair Credit Reporting Act (the "FCRA"), by this notice Thumbtack notifies you that it may, as part of your use of the Platform, use a third-party verification service to 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. Thumbtack will comply with the requirements of the FCRA in its use of this information. If you, as a Service Professional, decide to use or access information provided by a third-party verification service offered through the Platform, 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 Platform with any other party (either through this Platform 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.
Tip: Thumbtack may obtain information on your character and reputation as part of your use of the platform.
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 Platform 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. § 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 Platform, 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."
Thumbtack's designated Copyright Agent to receive Notice of claimed infringement is: Alexander Daniels, who can be contacted as follows via: mail: 360 9th Street, San Francisco, CA 94103; email: firstname.lastname@example.org; telephone: 415-226-1151; 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 email 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.
Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Tip: If you believe that content you own has been posted on Thumbtack in violation of copyright or trademark regulations please contact our Copyright Agent to resolve.
K. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
Thumbtack reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (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.
2. TERMINATION BY THUMBTACK
3. TERMINATION BY YOU
You may cancel your use of the Platform and/or terminate your Account with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
4. EFFECT OF TERMINATION
Unless Thumbtack has previously canceled or terminated your use of the Platform (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 a 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 Platform. Upon a Termination of Service, Thumbtack retains the right to use any data collected from your use of the Platform 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 G, I, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Platform or your Account.
Tip: You can cancel your Thumbtack account at any time and Thumbtack reserves the right to terminate your account at any time.
L. Intellectual Property Rights
1. THUMBTACK OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (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 Platform are the property of their respective owners.
Data on the Platform 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 Platform 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 Platform 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 Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. THUMBTACK'S LICENSE TO YOU FOR THE USE OF THE PLATFORM, DATA, AND MARKS
The Platform 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 Platform; provided, however, that you provide a link back to the Platform on any pages that contain the Embeddable Player. Thumbtack reserves the right to discontinue any aspect of the Platform at any time.
M. Thumbtack Fees
1. 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 premium services to Service Professionals for a fee and may in the future offer additional 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.
2. 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 Platform between Service Users and Services 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 Platform.
3. PAYMENT OF FEES
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 advisers, and that we cannot and do not offer tax advice to either Service Professionals or Service Users.
5. REFUND POLICY
All sales on Thumbtack are final and non-refundable.
Tip: It is currently free to join and create a profile on Thumbtack for both users and professionals. However, today, professionals pay to submit quotes in response to user requests, and we reserve the right to change our fee structure in the future.
N. Negotiation of Terms of Service; Disputes Between Registered Users
1. 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.
You should not rely on the any information or resources contained on the Platform, 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 Platforms, 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 Platform. 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 Platform, however provided.
2. 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 Platform.
3. NO AGENCY OR PARTNERSHIP
4. RELATIONSHIP BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, 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. Please see the Thumbtack Safety guidelines for more information on Thumbtack?s practices and suggestions of hiring criteria.
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 you 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 Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. Thumbtack is not responsible for the interactions, transaction, or dealings between any Service Provider and Service User.
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 PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM 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 PLATFORM 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 PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
O. Dispute Resolution
1. GOVERNING LAW
Tip: If you have a complaint with Thumbtack, please contact our support team. We seek to resolve disputes in the best way possible for all involved.
Aspects of the Platform 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 Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Thumbtack of any advertised products or services. 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 Platform.
Tip: Thumbtack may host advertisements on the site, but this does not imply endorsement of advertised products or services.
Q. Third-party Links, Advertisements, Contact Forms and Phone Numbers
Tip: Thumbtack may present third-party links or contact information on our platform. Unless otherwise stated, this is not an endorsement and Thumbtack takes no responsibility for any interaction you might have with the third-party.
R. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES 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 PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, 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 PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" 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 PLATFORM 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 PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, 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 PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. THUMBTACK DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM 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 THIRDPARTY 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.
Tip: Exercise caution and good judgement when using Thumbtack like you would when hiring a local service professional from any other channel.
S. Limitations of Liability
1. 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 PLATFORM OR ANY SERVICES OFFERED BY ANY SERVICE PROFESSIONALS VIA THE PLATFORM, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PLATFORM, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PLATFORM IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM 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 PLATFORM BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PLATFORM 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 PLATFORM; (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 PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PLATFORM, 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.
2. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THUMBTACK, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO THE PLATFORM, 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 PLATFORM USERS ENTERED INTO INDEPENDENTLY OF THE PLATFORM.
3. FORCE MAJEURE
T. Indemnification and Release
IF YOU HAVE A DISPUTE WITH ONE OR MORE PLATFORM 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 PLATFORM AND/OR ANY SUBMITTED CONTENT.
- If you are a California resident, you waive California Civil Code Section 1542,
which provides the following:
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
W. Contacting You
X. General Information
2. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. CONTACT INFORMATION
360 9th Street
San Francisco, CA 94103
4. SECTION HEADINGS AND TIPS