Terms of Use

Last Updated: December 11, 2015

Find the previous Terms (effective July 7, 2015) here.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Thumbtack, Inc. ("Thumbtack," "we," "our," or "us") or through Thumbtack, including Pro Services obtained from or provided to other users. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.

MODIFICATIONS

Thumbtack reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Thumbtack will notify you of changes by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on the Platform or sent to you by email. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Thumbtack's Privacy Policy, incorporated herein by reference, for information and notices concerning Thumbtack's collection and use of your information. The provision and delivery of text messages by Thumbtack or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

"Platform" means all Thumbtack websites, mobile or other applications, software, processes and any other services provided by or through Thumbtack.

"Member" means a person who completes Thumbtack's account registration process or a person who submits or receives a request through Thumbtack, including but not limited to Service Members and Customer Members.

"Customer Member" means a Member who is registered to receive quotes for Pro Services, requests quotes for Pro Services, or otherwise uses the Platform to receive, pay for, or facilitate the receipt of Pro Services.

"Service Member" means a Member who is registered to send quotes for Pro Services, sends quotes for Pro Services, or otherwise uses the Platform to provide, receive payment for, or facilitate the provision of Pro Services.

"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Pro Services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.

"Thumbtack Content" means all Content Thumbtack makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.

"User Content" means all Content you submit, post, upload, publish, or transmit on or through the Platform, including but not limited to photographs, profile information, descriptions, postings, and reviews.

"Collective Content" means User Content and Thumbtack Content together.

"Pro Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.

ELIGIBILITY; SERVICE MEMBER REPRESENTATIONS AND WARRANTIES

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible.

By registering or using the Platform to offer, post or provide Pro Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and 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 Pro Services and in relation to the specific job they are performing. Service Members understand and agree that sending a quote does not guarantee the quote will be read, and using the Platform does not guarantee they will be hired for work.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using your existing Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Thumbtack password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Thumbtack immediately of any unauthorized use. Thumbtack is not liable for any losses by any party 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.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Thumbtack grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Thumbtack or its licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Thumbtack a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by Thumbtack in public advertising. In the interest of clarity, the license granted to Thumbtack shall survive termination of the Platform or your Account. With the exception of Feedback, Thumbtack does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Thumbtack the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Thumbtack's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that Thumbtack may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. You further agree that you are the author of all Content you create and submit to the Platform and that you are the owner of such Content, subject to the license rights granted in these Terms.

Thumbtack reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.

PROHIBITIONS

As a user of the Platform, you may not:

  • Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, scrapers to access the Platform for any purpose without Thumbtack's prior written approval;
  • In any manual or automated manner 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;
  • Transmit more request messages through the Platform 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 Platform 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;
  • Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Thumbtack or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
  • Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
  • Recruit, solicit, or contact in any form Service Members or Customer Members for employment or any other use not specifically intended by the Platform;
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory; advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
  • Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Thumbtack; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) provides non-local content.
  • Submit User Content that damages the experience of any user including but not limited to (a) 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, (b) offers to purchase a Pro Service or any other service outside of Thumbtack, or (c) using a profile page or user name to promote services not offered on or through the Platform;
  • Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
  • Fail to perform Pro Services purchased from you as promised, unless the Customer Member fails to materially meet the terms of the mutually agreed-upon agreement for the Pro Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Customer Member's identity;
  • Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods not specifically approved by Thumbtack;
  • Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;
  • Agree to purchase a Pro Service when you do not meet a Service Member's requirements;
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
  • Attempt to indirectly undertake any of the foregoing.

THUMBTACK FEES AND TAXES

In connection with use of Thumbtack's Platform, Thumbtack charges certain Fees ("Thumbtack Fees" or "Fees"). Current Fees related to the quoting process will be shown when purchasing credits ("Thumbtack Credits"). Fees for additional products or services will be shown in policies or terms provided to you before you use such products or services. Thumbtack may also charge penalty Fees for fraud, misconduct or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the policy or support center. You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges shall be made to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a service. If you do not pay on time or if Thumbtack cannot charge a credit card, PayPal or other payment method for any reason, Thumbtack reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Thumbtack or by anyone on its behalf, including but not limited to a third party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Thumbtack may charge such unpaid Fees to your credit card or otherwise bill you for such unpaid Fees. 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 specific tax advice to either Service Members or Customer Members. All sales on Thumbtack are final and non-refundable.

THUMBTACK CREDITS

Your purchase or receipt of Thumbtack Credits represents the purchase or receipt of credits that can be used by you to send quotes via the Platform to potential customers. Each category requires a specific number of Thumbtack Credits to quote. Thumbtack Credits have no monetary/cash value and your purchase or receipt of Thumbtack Credits does not represent a pre-funding of stored value that can be accessed or used in the future for any purpose. You agree that all sales of Thumbtack Credits are final and non-refundable. Information and current pricing is available here.

DISPUTES BETWEEN OR AMONG USERS

Thumbtack values our Pros and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Pro or a Customer cannot be resolved independently, you agree, at Thumbtack's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation or arbitration processes conducted by Thumbtack or a neutral third party mediator or arbitrator selected by Thumbtack. Notwithstanding the foregoing, you acknowledge and agree that Thumbtack is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

INTELLECTUAL PROPERTY RIGHTS

Thumbtack Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Thumbtack and its licensors exclusively own all right, title, and interest in and to the Platform and Thumbtack Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Thumbtack used herein are trademarks or registered trademarks of Thumbtack. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

You acknowledge and agree that all feedback, comments, questions and suggestions ("Feedback") you provide to Thumbtack are the sole and exclusive property of Thumbtack. You hereby irrevocably assign to Thumbtack and agree to irrevocably assign to Thumbtack all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have. At our request and expense, you will undertake any tasks we may reasonably request to assist us in acquiring, perfecting and maintaining intellectual property rights and other legal protections for the Feedback. Thumbtack shall have no obligation concerning the Feedback, including but not limited to no obligation to return any materials or acknowledge receipt of any Feedback. By sending or otherwise transmitting Feedback to Thumbtack, you represent and warrant that you have the right to disclose the Feedback and the Feedback does not violate the rights of any other person or entity. This Feedback section shall survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.

NO ENDORSEMENT

Thumbtack does not endorse any Member, user or any Pro Services, and Thumbtack is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Thumbtack nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Thumbtack may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Thumbtack services they are using or any involvement by Thumbtack personnel in providing or scheduling those services.

Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Thumbtack and is not verification of their identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Thumbtack is not responsible for any damage or harm resulting from your interactions with other users.

The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Thumbtack. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Thumbtack with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights reserved herein, Thumbtack may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Thumbtack, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Thumbtack Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Thumbtack support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, and why it has been terminated; and (c) you will not be entitled to any compensation for Platform services or Pro Services cancelled or delayed or as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in in your profile, clicking "Account," and clicking "Delete Account." Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Thumbtack agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Thumbtack as follows:

Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Thumbtack's support department at support@thumbtack.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Thumbtack support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at 360 9th Street, San Francisco, California 94103, ATTN: Legal.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Thumbtack will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Thumbtack will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses, provided your claim does not exceed $75,000. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For residents outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and Thumbtack agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THUMBTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Thumbtack) written notice of your decision to opt out toopt-out@thumbtack.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Thumbtack also will not be bound by them.

Changes to This Section: Thumbtack will provide thirty (30) days' notice of any changes to this section by posting on the Platform or sending you an email. Amendments will become effective thirty (30) days after they are posted on Thumbtack.com or sent to you by email. Changes will apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.

GOVERNING LAW

The Terms and the relationship between you and Thumbtack shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Thumbtack that is not subject to arbitration must be resolved by a court located in San Francisco County, San Francisco, California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THUMBTACK DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) CONDUCT IDENTITY VERIFICATION, BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THUMBTACK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. THUMBTACK MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THUMBTACK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THUMBTACK SHALL NOT BE LIABLE FOR 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, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THUMBTACK OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT THUMBTACK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. THUMBTACK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. THUMBTACK EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THUMBTACK OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER THUMBTACK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THUMBTACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THUMBTACK AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THUMBTACK BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Thumbtack and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Pro Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

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 Section 1542 that governs your rights in the jurisdiction of your residence.

GENERAL

Force Majeure: Other than payment obligations, neither Thumbtack nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent: You agree that Thumbtack may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Thumbtack or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Thumbtack or Service Members, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@thumbtack.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@thumbtack.com with contact information and the address for delivery.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Thumbtack on the Platform, shall constitute the entire agreement between you and Thumbtack concerning the Platform or Pro Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Waiver: No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and Thumbtack's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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 or the Pro Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@thumbtack.com, or by writing to Thumbtack, Inc., 360 9th Street, San Francisco, CA 94103.


Prior Terms of Use

This Terms of Use agreement is effective as of: July 7, 2015

A. Acceptance of Terms

Your access to, use of, and participation in the Platform (as defined below) is subject to the Terms of Use and all applicable Thumbtack regulations, guidelines, and additional policies that Thumbtack may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that Thumbtack publishes on the Platform (the "Additional Policies"). The terms and conditions set forth below ("Terms of Use") and the Privacy Policy (which is hereby incorporated into these terms) constitute a legally-binding agreement between Thumbtack, Inc., a Delaware corporation ("Thumbtack"), and you. These Terms of Use contain provisions that define your limits, legal rights, and obligations with respect to your use of and/or participation in (i) the Thumbtack website platform, whether accessed through a computer or mobile device, including the classified advertisements, forums, various email functions and Internet links, and all content and Thumbtack services available through the domain and subdomains of Thumbtack located at https://www.thumbtack.com/ or through the Thumbtack mobile application software (collectively referred to herein as the "Platform"), and (ii) the online transactions between those users of the Platform who are offering services (each, a "Service Professional") and those users of the Platform who are obtaining services (each, a "Service User") through the Platform (such services, collectively, the "Services"). PLEASE READ THE TERMS OF USE THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL THE TERMS, THEN YOU MAY NOT USE THE PLATFORM OR SERVICES.

All references to "you" or "your," as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform or open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business, your acceptance of the Terms of Use will be deemed an acceptance by that business, and "you" and "your" herein shall refer to that business.

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

Thumbtack reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein, at any time, and Thumbtack will post the amended Terms of Use at the domain of https://www.thumbtack.com/terms, and/or may communicate the amendments through any method of written contact that Thumbtack has established with you. Thumbtack will post notice of the updated Terms of Use in advance of its effective date for amended terms containing material changes. It is your responsibility to review the Terms of Use for any changes. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not access the Platform.

Tip: By using Thumbtack, you agree to our Terms of Use. Thumbtack can change the Terms of Use at any time and will notify you if we do.

B. Membership

1. MEMBERSHIP ELIGIBILITY CRITERIA

Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By using the Platform, You represent, acknowledge, and agree that you are at least 18 years of age, and that: (a) you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms of Use, and to abide by and comply with these Terms of Use; (b) you will maintain the accuracy of such information; and (c) your use of the Platform and Services offered through this Platform does not violate any applicable law or regulation. Your Account (as 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, regulations or our terms.

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:

  • provides or creates links to external sites that violate the Terms of Use; is intended to harm or exploit any individual under the age of 18 ("Minor") in any way;
  • 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;
  • contains links to commercial services or websites, except as allowed pursuant to the Terms of Use;
  • 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.

You acknowledge that we have no obligation to monitor your access to or use of the Services, or to review or edit any Submitted Content, but we have the right to do so for the purpose of operating and improving the Platform or Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms of Use, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that we determine is otherwise objectionable or as set forth in the Terms of Use. We reserve the right, at any time and without prior notice, to remove or disable access to any Submitted Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the Platform or the Services. In order to protect the integrity of the Services, we also reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing and using the Services.

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

  1. 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.
  2. 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;
  • violate any laws, third-party rights, Account Policies, or any provision of the Terms of Use, such as the prohibitions described above;
  • 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).

5. FEEDBACK

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.

  1. 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.
  2. Reporting Inappropriate Use of Feedback. You may contact Thumbtack regarding any inappropriate use of Feedback via email at support@thumbtack.com.
  3. 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

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) list Services or Offers relating to any Service in a category that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Profile, Offer, Want, Feedback, or any other title or description relating to a Service; or (d) use misleading titles that do not accurately describe the Service.

2. PROFILES AND OFFERS CANNOT USE TECHNIQUES TO AVOID OR CIRCUMVENT THUMBTACK FEES

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) offer a catalog or a link to a third-party website from which Service Users or any Registered User or user of the Platform may obtain the Service directly; (b) exceed multiple Posting limits; (c) post a single Service but offer additional identical services in the Service description; (d) charge fees for traveling further than desired to provide the Service; (e) offer the opportunity through Thumbtack to purchase the Service or any other service outside of Thumbtack; (f) use their Profile page or user name to promote services not offered on or through the Platform and/or prohibited services.

3. PROFILES AND OFFERS MUST PROMOTE A FAIR PLAYING FIELD AND PROVIDE A SAFE, SIMPLE, AND POSITIVE EXPERIENCE FOR ALL PLATFORM USERS

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Service Professionals shall not: (a) solicit Service Users to mail cash or use other payment methods not specifically permitted by Thumbtack as approved payment methods; (b) include links that do not conform to Thumbtack's policies with respect to third-party links; (c) use certain types of HTML and JavaScript in Postings, your Profile page, your Offer page, or your Wants page; (d) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; (e) use profanity in any Posting; (f) acknowledge or credit a third-party Service Professional for services or products directly connected with your particular Posting (1) with more than 10 words of text at HTML font size greater than 3 and/or a logo of 88X33 pixels (provided that you represent and warrant that you have the necessary rights, licenses, permissions and/or authorizations from the applicable third party to use that third party's name and/or logo), (2) with any promotional material in connection with that third-party company, and/or (3) with a link to the third-party's website with any information in addition to the Service provided via Thumbtack; (g) include third-party endorsements in a Posting; or (h) create a Posting that does not offer a Service.

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

You shall be solely responsible for your own Submitted Content and the consequences of posting or publishing it. In connection with Submitted Content, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Thumbtack to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submitted Content to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person referenced in the Submitted Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Submitted Content in the manner contemplated by the Platform and these Terms of Use. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Submitted Content posted by you to or through the Platform.

3. YOUR OWNERSHIP RIGHTS AND LICENSE TO THUMBTACK

You retain all of your ownership rights in your Submitted Content. However, by submitting the Submitted Content to Thumbtack for posting on the Platform, you hereby grant, and you represent and warrant that you have the right to grant, to Thumbtack a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to link to, use, reproduce, distribute, reformat, translate, prepare derivative works of, display, and perform the Submitted Content in connection with the Platform and Thumbtack's (and its successor's) business operations, including without limitation, for the promotion and redistribution of any part or all of the Platform, and any derivative works thereof, in any media formats and through any media channels. You also hereby grant each user of the Platform a non-exclusive license to access your Submitted Content through the Platform, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submitted Content as permitted through the functionality of the Platform and under these Terms of Use. For Submitted Content that may be removed or deleted by you, the foregoing license granted by you terminates once you remove or delete the Submitted Content from the Platform, which you may do at any time.

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

  1. Thumbtack does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein, and Thumbtack expressly disclaims any and all liability in connection with all Submitted Content. Thumbtack does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Thumbtack will remove any Data (as defined below) or Submitted Content if properly notified, pursuant to the "take down" notification procedure described in Section J below, that such Posting or Submitted Content infringes on another's intellectual property rights. Thumbtack reserves the right to remove any Data or Submitted Content without prior notice. Thumbtack will also terminate a user's access to the Platform, if he or she is determined to be a repeat infringer. A repeat infringer is a Platform user who has been notified of infringing activity more than twice and/or has had Submitted Content removed from the Platform more than twice. Thumbtack also reserves the right, in its sole and absolute discretion, to decide whether any Data or Submitted Content is appropriate and complies with these Terms of Use for all violations, in addition to copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material, or excessive length. Thumbtack may remove such Submitted Content and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and in its sole discretion.
  2. 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.
  3. 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 Platform, or transmit to other Platform 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 these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Platform users or others.

5. SUGGESTIONS.

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: dmca@thumbtack.com; 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 support@thumbtack.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.

Only the intellectual property rights owner is permitted to report potentially infringing items through Thumbtack's reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use and the DMCA.

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

You hereby acknowledge and agree that Thumbtack, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform (a "Termination of Service"), immediately and without notice, for any reason, including without limitation, Account inactivity or if Thumbtack believes or has reason to believe that you have violated any provision of the Terms of Use.

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

Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of a Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the Thumbtack system.

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

Thumbtack hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that you act in accordance with the Terms of Use, including the specific terms outlined below, and in accordance with all applicable local, state, and federal laws.

The Platform contains Thumbtack's Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and Thumbtack owns and retains all rights in the Thumbtack Data and Marks. Subject to these Terms of Use, Thumbtack hereby grants you a limited, revocable, nontransferable, nonsublicensable license to reproduce and display the Thumbtack Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.

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.

Tip: Thumbtack gives you the right to access the platform given that you abide by the Terms of Use. Thumbtack owns all of the content we put on the platform. Do not misuse this content or any other content on the site.

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

If applicable, you agree to pay all fees or charges to your Account based on Thumbtack's fees, charges, and billing terms then in effect. If you do not pay on time or if Thumbtack cannot charge your credit card, PayPal or other payment method for any reason, Thumbtack reserves the right to either suspend or terminate your access to the Platform and account and terminate these Terms of Use. You are expressly agreeing that Thumbtack is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Platform and the fees will be billed to your credit card, PayPal or other payment method designated at the time you make a purchase or register for a fee-based service. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any account, you agree that Thumbtack may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

4. TAXES

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

No agency, partnership, joint venture, or employment is created as a result of the Terms of Use or your use of any part of the Platform, including without limitation, the Negotiation Worksheet or Agreement for Service. You do not have any authority whatsoever to bind Thumbtack in any respect. All Service Professionals are independent contractors. Neither Thumbtack nor any users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other.

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

If a dispute arises between you and Thumbtack, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Thumbtack hereby agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or the Platform in accordance with this Section O or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via email at support@thumbtack.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

1. GOVERNING LAW

The Terms of Use shall be governed in all respects by the laws of the State of California, without reference to its conflict of law provisions. You agree that any claim or dispute you may have against Thumbtack must be resolved by a court located in San Francisco County, San Francisco, California, or a United States District Court, Northern District of California located in San Francisco, California except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, San Francisco, California or the United States District Court, Northern District of California located in San Francisco, California for the purpose of litigating all such claims or disputes.

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.

P. Advertisements

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

The Platform may provide, or third parties may provide, links, contact forms and/or phone numbers to other websites or resources, including, without limitation, social networking, blogging and similar websites through which you are able to log into the Platform using your existing account and log-in credentials for such third-party websites. Certain areas of the Platform may allow you to interact and/or conduct transactions with such third-party sites, and, if applicable, allow you to configure your privacy settings in your third-party site account to permit your activities on the Platform to be shared with your contacts in your third-party site account. Because Thumbtack has no control over such sites and resources, you acknowledge and agree that Thumbtack is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, advertising, products, goods or services on or available from such websites or resources. Unless expressly stated on the Platform, links to third-party sites should in no way be considered as or interpreted to be Thumbtack's endorsement of such third-party sites or any product or service offered through them. The Third-party website may have different privacy policies and terms and conditions and business practices than Thumbtack. In certain situations, you may be transferred to a Third-party website through a link or connected to a Third-party resource by a contact form or phone but it may appear that you are still on this Platform or transacting with Thumbtack. In these situations, you acknowledge and agree that the Third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through the Platform with any party other than Thumbtack are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. Thumbtack takes no responsibility for advertisements or any third party material posted on the Platform or offered in connection with the Services, nor do we take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Platform are between you and the advertiser, and you agree that Thumbtack is not liable for any loss or claim that you may have against an advertiser.

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.

THE PLATFORM MAY CONTAIN LINKS TO THIRD-PARTY PLATFORMS THAT ARE NOT OWNED OR CONTROLLED BY THUMBTACK. THUMBTACK DOES NOT HAVE ANY CONTROL OVER, AND ASSUMES NO RESPONSIBILITY FOR, THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY PLATFORMS. IN ADDITION, THUMBTACK WILL NOT AND CANNOT CENSOR OR EDIT THE CONTENT OF ANY THIRD-PARTY SITE. BY USING THE PLATFORM, YOU EXPRESSLY RELIEVE THUMBTACK FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRDPARTY PLATFORM. ACCORDINGLY, PLEASE BE ADVISED TO READ THE TERMS AND CONDITIONS AND PRIVACY POLICY OF EACH THIRD-PARTY PLATFORM THAT YOU VISIT, INCLUDING THOSE DIRECTED BY THE LINKS CONTAINED ON THE PLATFORM.

3. FORCE MAJEURE

Neither Thumbtack nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

T. Indemnification and Release

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THUMBTACK, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE PLATFORM; ARISING OUT OF A TERMINATION OF SERVICE; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE PLATFORM.

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.

THE TERMS OF USE, AND ANY RIGHTS AND LICENSES GRANTED HEREUNDER, MAY NOT BE TRANSFERRED OR ASSIGNED BY YOU, BUT MAY BE ASSIGNED BY THUMBTACK WITHOUT RESTRICTION.

  1. 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.
  2. 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

You agree that, except as otherwise expressly provided in the Terms of Use, there shall be no third-party beneficiaries to the Terms of Use.

W. Contacting You

You agree that Thumbtack may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on the Platform. By agreeing to receive text messages or telephone calls from service providers, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@thumbtack.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (i) a device (such as a computer or mobile phone) with a web browser and Internet access and (ii) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@thumbtack.com with contact information and the address for delivery.

X. General Information

1. MISCELLANEOUS

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by Thumbtack on the Platform, shall constitute the entire agreement between you and Thumbtack concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Thumbtack's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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

If you have any questions about the Terms of Use or the Services, please contact us by sending an email to support@thumbtack.com, or by writing to:

Thumbtack, Inc.
360 9th Street
San Francisco, CA 94103

4. SECTION HEADINGS AND TIPS

The section headings and Tips sections in the Terms of Use are for convenience only and have no legal or contractual effect.