THIS MOBILE APPLICATION TERMS OF USE (“TERMS OF USE”) GOVERNS YOUR (“YOU” OR “YOUR”) ACCESS TO AND USE OF THE MOBILE APPLICATION (“APPLICATION”) PROVIDED BY 24-7 JOBS LLC (“24-7 JOBS”), WHICH ENABLES USERS OF THE APPLICATION (“USERS”) THAT ARE JOB PROVIDERS AND JOB SEEKERS TO CONNECT TO PROVIDE SERVICES AND FILL JOB REQUESTS MADE BY HOMEOWNERS USING THE APPLICATION.
By clicking the “agree” button, you (a) represent that you are of legal age (typically 18 years of age or older in most jurisdictions), (b) acknowledge and agree that you have read and understand this Terms of Use and our Privacy Policy (“Privacy Policy”), which is hereby incorporated into and made part of this Terms of Use by this reference, and (c) agree to be bound by this Terms of Use. If you do not agree to the terms and conditions of this Terms of Use, you are not authorized to access or use the Application.
DEFINITIONS
“Account” means an account created by a User on the Application as part of Registration.
“Homeowner” means a User that is designated as a Homeowner upon Registration to use the Application.
“Job Seeker” means a User that is designated as a Job Seeker upon Registration to use the Application.
“Job Provider” means a User that is designated as a Job Provider upon Registration to use the Application.
“Register” means to create an Account on the Application and “Registration” means the act of creating such an Account.
“Services” means home and office construction, transportation, and other commercial and personal services provided by Job Providers.
Right to Access and Use. Subject to this Terms of Use, 24-7 Jobs hereby grants you a limited, non-exclusive, and nontransferable right to access and use the Application for your use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation (“Limited Right”).
Restrictions. You represent and warrant to 24-7 Jobs that all information you provide through the Application will be accurate, complete and current at the time you provide such information and that you will proactively update such information to keep such information accurate, complete and current. You shall not, and shall not authorize, induce, or permit any other person to, or attempt to:
access or use the Application, except as specifically set forth in this Terms of Use;
access or use the Application in a manner that violates any applicable law, rule, or regulation;
assign, sublicense, transfer, or otherwise provide another person with access to and/or use of the Application;
allow another person to use your username and/or password to access and/or use the Application;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity with respect to accessing and/or using the Application;
misrepresent any information you provide through the Application;
upload, post, e-mail, transmit, or otherwise make available through the Application any content, data or other information (i) that is false, inaccurate, incomplete, untimely, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or hateful; (ii) for which you do not have a right to make available (publicly or privately); (iii) that infringes any intellectual property right or other proprietary right of any person or entity; or (iv) that contains malware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, interfere with, or otherwise limit the functionality of any computer software, hardware, network, telecommunications equipment, or to otherwise interact with the Application in a manner not permitted;
download, copy, publish, modify, tamper with, adapt, translate, reverse engineer, disassemble, decompile, decode, or decrypt the Application;
create derivative works from the Application;
forge headers or otherwise manipulate identifiers related to the Application;
use, remove, alter, obscure, translate, combine, supplement, or otherwise change any screen display, patent, copyright or trademark marking, disclaimer, version or release number, or serial number which is present in, displayed by, or provided in connection with, the Application;
frame, link, or otherwise use a method to give the appearance that you are authorized to display the Application for others;
hack, probe, scan, or test the vulnerability of the Application;
act as a service bureau to third parties or act as an outsource agent or outsource provider for third parties, or otherwise utilize the Application for the benefit of any third party;
use any information from the Application for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purposes;
enable high volume, automated, electronic processes through the Application;
use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Application or content, data or other information associated with the Application;
interfere with or disrupt the Application or servers or networks connected to the Application, or violate any requirements, procedures, policies, or regulations of networks connected to the Application;
interfere with the use of the Application by 24-7 Jobs or other Users;
bypass, breach, disable or defeat or attempt to do any technological safeguard, restricted access, or other protection used by, or in connection with, the Application;
stalk or otherwise harass any person or entity through the Application;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes, and/or any other activity featuring the award of a prize through the Application;
when responding to requests for Services and when providing Services, you must comply with all applicable laws, including, without limitation, being certified or licensed, as applicable, to provide the Services;
use the Application to request or provide any Service which illegal;
use the Application to request or provide any Service which 24-7 Jobs, at its sole discretion, determines to be inappropriate, including, without limitation, gambling, pornography, prostitution, or other similar services;
collect, store, use, share, or otherwise process personal data, personal information, personally identifiable information or any other information which is related to an identified or identifiable natural person, except as (i) allowed by applicable law, (ii) permitted pursuant to this Terms of Use, and (iii) consistent with the purposes of the Application;
disclose any information of or provided by 24-7 Jobs or another User, except as needed to use the Application in accordance with the Terms of Use; or
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act, and you further represent and warrant that you (i) are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States as a country supporting a foreign terrorist organization; and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
Reservation of Rights. You acknowledge and agree that the Application is only provided to you during the Term and as a right to access and use, and is not sold to you. 24-7 Jobs owns all right, title and interest in and to the Application. Other than the Limited Right, no other rights are granted by 24-7 Jobs pursuant to this Terms of Use, and all other rights related to the Application are hereby reserved by 24-7 Jobs and shall remain owned solely and exclusively in their entirety by 24-7 Jobs. From time to time, you may provide feedback to 24-7 Jobs regarding the Application, including, without limitation, usability, bug reports, and test results (collectively, the “Feedback“). 24-7 Jobs will own all intellectual property rights, title, and interest in and to the Feedback.
Collection and Use of Your Data and Other Information. You acknowledge that when you access and use the Application, 24-7 Jobs may use automatic means (including, for example, cookies and web beacons) to collect data about your Mobile Device and about your use of the Application. You also may be required to provide certain other information about yourself as a condition to accessing and using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All data and other information 24-7 Jobs collects through or in connection with this Application is subject to the Privacy Policy and may be (a) provided, processed, used, reproduced, modified, distributed, sold, and commercialized by 24-7 Jobs and 24-7 Jobs’ service providers and affiliates supporting the Application for 24-7 Jobs, and (b) used, and shared with advertisers, to show you advertisements. By accessing, using, and/or providing information to or through this Application, you consent to all actions taken by 24-7 Jobs or 24-7 Jobs’ service providers and affiliates with respect to your data and other information in compliance with this Terms of Use and the Privacy Policy.
Collection and Use of Other User Information. With respect to the information of other Users of the Application that you access or obtain, directly or indirectly, from or through the Application, you shall only use such information as permitted pursuant to this Terms of Use, to facilitate a transaction through the Application, or to meet an obligation to such other User pursuant to your use of the Application. All such uses shall be consistent with all applicable data privacy and security laws, rules and regulations.
Grant of Right to Use. During your authorized right to access and use the Application, you hereby grant 24-7 Jobs a perpetual, irrevocable, royalty-free, fully paid-up, transferrable, non-exclusive right and license to collect, store, use, share, and otherwise process your User Data (as defined in our Privacy Policy) and other information consistent with the terms of our Privacy Policy and applicable law (i) as reasonably appropriate or necessary to enable you to access and use the Application; (ii) to enable 24-7 Jobs to provide the Application or fulfill any obligation of 24-7 Jobs pursuant to this Terms of Use; and (iii) to process User data in accordance with this Terms of Use.
Username and Password. You are solely responsible for maintaining the confidentiality and use of your username and password for accessing and using the Application. You shall immediately notify 24-7 Jobs of any suspended or unauthorized access to or use of your username, password and/or the Application or any other actual or potential security breached involving the Application.
Monitoring. 24-7 Jobs will have the right, but not the obligation, to monitor access to and use of the Application and the associated forums by Users, including yourself, and the right to use technological safeguards to protect the Application and access to and use of the Application by Users.
Updates. 24-7 Jobs may, from time to time, in 24-7 Jobs’ sole discretion, update or otherwise change the functionality of the Application. You agree that 24-7 Jobs has no obligation to make any such updates or to continue to provide or enable any particular features or functionality.
Third party Materials. The Application may display, include, or make available third party content (including data, information, applications, and other products, services, and/or materials) or provide links to third party websites or services, including through third party advertising (“Third party Materials”). You acknowledge and agree that 24-7 Jobs and 24-7 Jobs’ service providers and affiliates are not responsible for Third party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. 24-7 Jobs and 24-7 Jobs’ service providers and affiliates do not assume and will not have any liability or responsibility to you or any other person or entity for any Third party Materials. Third party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
User Designation. Upon Registration with the 24-7 Jobs Application, Users may designate themselves as Homeowners, Job Providers, or Job Seekers, each of which is described below.
Homeowners may use the Application to request Services from Job Providers.
Job Providers may use the Application to respond to requests for Services from Homeowners and to find Job Seekers.
Job Seekers may use the Application to post requests to be hired by Job Providers to provide Services.
Due Diligence. You acknowledge and agree that 24-7 Jobs (i) is only a gateway platform to identify those providing and those seeking services; (ii) you are solely responsible for vetting those providing and receiving Services; and (iii) 24-7 Jobs is not responsible for vetting, certifying or providing any Services.
Payment of Fees.
24-7 Jobs offers the Application on a subscription basis. Users may select the subscription designation that best suits their needs and can modify their selections from their account settings. Job Providers may elect to use “Cube” as part of the subscription for an additional monthly fee. Payments for each subscription designation are made in advance on a monthly basis. Payment of the subscription will be due on the date of registration. 24-7 Jobs reserves the right to change the subscription tier structure and/or subscription fee program at any time with notice to you. All payments for subscriptions are made through third party processors. All such payments are subject to the terms and additional fees of the third party payment processor.
By providing a debit or credit card, or other payment method accepted by 24-7 Jobs, you agree that 24-7 Jobs is authorized to charge you the selected subscription fee. If you want to use a different payment method than the one previously provided to 24-7 Jobs, or if there is a change to your payment information, you may edit your payment method in the Application account settings or by contacting support at contact@24-7Jobs.com.
App Store Disclaimer. In connection with the Application, you acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application, e.g., the Apple iPhone or Android app stores (“App Store”), and you may only use that Application on the applicable App Store’s designated devices and operating systems and in accordance with their usage terms and policies. You acknowledge that this Terms of Use is not associated with the App Store and that the App Store is not responsible for the Application or addressing any claims relating to the Application (e.g., liability, legal compliance, or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Application. You agree to comply with, and your right to use the Application is conditioned upon your compliance with, all applicable third party terms and policies (e.g., the App Store’s terms and policies) when using the Application. You acknowledge that the App Store (and its subsidiaries) are third party beneficiaries of this provision and will have the right to enforce it.
Term and Termination.
The Limited Right commences when you acknowledge your acceptance of this Terms of Use and will continue in effect until the end of the subscription period during which the Limited Right is terminated pursuant to the terms of this Terms of Use (collectively, the “Term”).
You may terminate the Limited Right by deleting the Application and all copies thereof from your Mobile Device.
24-7 Jobs may terminate the Limited Right at any time without notice if (i) 24-7 Jobs ceases to support the Application, which 24-7 Jobs may do in its sole discretion, or (ii) you violate this Terms of Use. 24-7 Jobs may suspend the Limited Right at any time without notice if you violate this Terms of Use. If the Limited Rights is suspended for you, then you will not have the Limited Right restored until 24-7 Jobs, at its sole discretion, determines that the violation has been remedied and that you will not violate this Terms of Use again.
Upon termination and end of the subscription period during which the Limited Right is terminated (i) the Limited Right will terminate, and (ii) you must cease all access to and use of the Application. Termination will not limit any of 24-7 Jobs’ rights or remedies at law or in equity.
DMCA. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any content made available in connection with the Application infringes your copyright(s), you (or your agent) may send 24-7 Jobs a notice requesting that such content be removed or access to it be blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see www.loc.gov/copyright for details). Notices and counter-notices should be sent to:
24-7 Jobs LLC
Attn: DMCA Notices
6742 Forest Hill Blvd., #134
Greenacres, FL 33413
Email: contact@24-7Jobs.com
24-7 Jobs has a policy of terminating, in appropriate circumstances, the right of access to and use of the Application by Users who are deemed repeat infringers or who are repeatedly charged with infringement.
DISCLAIMER OF WARRANTIES. THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, 24-7 JOBS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, 24-7 JOBS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND, THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. 24-7 JOBS EXPRESSLY DISCLAIMS ANY WARRANTIES BY THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, BY HOMEOWNERS, JOB PROVIDERS OR JOB SEEKERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL 24-7 JOBS HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR PROVIDE OR RECEIVE SERVICES FOR (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (B) THE ACTIONS OR INACTION OF THIRD PARTIES, INCLUDING, WITHOUT LIMITATION, HOMEOWNERS, JOB PROVIDERS AND JOB SEEKERS; OR (C) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE LIMITED RIGHT OR $100. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR 24-7 JOBS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend, and hold harmless 24-7 Jobs and 24-7 Jobs’ service providers, affiliates, and their officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Terms of Use, including, but not limited to, the content you submit or make available through this Application.
Export Regulation. The Application may be subject to export control laws. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside of your jurisdiction.
General.
Entire Agreement. This Terms of Use, as well as the Privacy Policy (which is hereby incorporated into and made a part of this Terms of Use by this reference), represents the entire agreement between 24-7 Jobs and you with respect to the subject matter of this Terms of Use, and supersedes any prior or contemporaneous understandings and oral or written agreements with respect to the subject matter of this Terms of Use.
Amendments and Modifications. This Terms of Use may only be amended or modified pursuant to a written amendment duly executed or an electronic amendment duly accepted by both 24-7 Jobs and you; provided, however, 24-7 Jobs may (i) update this Terms of Use to comply with applicable law; and (ii) update the Privacy Policy at any time by providing written notice (“Update Notice”) to you. If an update to the Privacy Policy changes how Personal Data or Personal Information (as defined in the Privacy Policy) is used or applicable law otherwise requires your consent, then 24-7 Jobs will also seek your consent prior to such update applying to you.
Binding Effect. This Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by 24-7 Jobs and you and their successors and permitted assigns. This Terms of Use shall not be construed to give any person other than 24-7 Jobs and you any legal or equitable right, remedy, or claim under or with respect to this Terms of Use.
Assignment. You shall not assign this Terms of Use or any right or obligation pursuant to this Terms of Use without the prior, written consent of 24-7 Jobs, which consent may be withheld at the sole discretion of 24-7 Jobs.
Waiver. No waiver of a breach of this Terms of Use by either party shall be construed as a waiver of a similar or any other provision of this Terms of Use.
Severability. The invalidity or unenforceability of any provision of this Terms of Use shall not affect the validity or enforceability of the remaining Terms of Use or any other provision of this Terms of Use.
Force Majeure. Except for obligations of payment, if either party is prevented from performing any of such party’s obligations under this Terms of Use by circumstances beyond its reasonable control, then the party so affected shall be excused from its performance under this Terms of Use so long as such circumstance exists.
Notice. All notices required pursuant to this Terms of Use shall be delivered by and deemed delivered upon (i) hand-delivery on the date delivered; (ii) nationally recognized overnight delivery service on the date delivered or the date delivery is refused by the recipient; or (iii) electronic mail with verification of receipt upon such verification. All such notices shall be addressed to the other party at the address set forth below or to such other address as a party may designate by notice complying with the terms of this section:
24-7 Jobs LLC
Attn: Legal Department
6742 Forest Hill Blvd., #134
Greenacres, FL 33413
Email: contact@24-7Jobs.com
If to you, the contact information provided by you at the time of registering to use the Application.
Governing Law; Venue; Jurisdiction. This Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The U.N. Convention on Contracts for the International Sale of Goods is expressly excluded. For any equitable action or legal proceeding arising out of this Terms of Use or otherwise related to the Application, each party expressly consents to the (i) venue of Palm Beach County, Florida, USA and hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise; and (ii) jurisdiction of the state and/or federal courts in and/or for Palm Beach County, Florida, USA.
Jury Trial Waiver. 24-7 JOBS AND YOU EACH HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT EITHER MAY HAVE TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR RELATING TO THIS TERMS OF USE. 24-7 JOBS AND YOU EACH, ON THEIR OWN BEHALF (I) CERTIFY THAT NO REPRESENTATIVE, AGENT, OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER; AND (II) AGREES THAT IT HAS BEEN INDUCED TO ENTER INTO THIS TERMS OF USE BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS WAIVER OF JURY TRIAL.
NO CLASS ACTIONS. Each Party may bring claims against the other Party only in their individual capacity and not as a plaintiff or class member in any purported class or representative action.
Injunctive Relief. Each party will have the right, in addition to such party’s other rights and remedies, to seek injunctive relief for any breach of this Terms of Use.
Prevailing Party Attorneys’ Fees. In the event of any equitable action arising or legal proceeding arising out of this Terms of Use or otherwise related to the Application, the prevailing party in such equitable action or legal proceeding shall be entitled to an award of their reasonable attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred prior to any such equitable action or legal proceeding, as well as at all levels of trial and appeal.
Survival. All payment obligations incurred by the parties pursuant to this Terms of Use and the provisions set forth in Sections 2 – 6, 10, 12 – 14, 15(d), and 16 – 21 will survive the expiration or earlier termination of this Terms of Use.
Counterparts and Electronic Versions. This Terms of Use may be accepted in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same instrument. This Terms of Use may be accepted by digital or electronic acceptance or signature. Each party reserves the right to maintain an accepted copy of this Terms of Use in electronic form only, and each party agrees that a print-out of such electronic form of this Terms of Use will be deemed an original.
