TaskNow Terms of Service
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION, AS IT REQUIRES THE PARTIES (UNLESS YOU VALIDLY OPT OUT OF ARBITRATION, AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF ACCEPTING THIS AGREEMENT.
ACKNOWLEDGEMENT & ACCEPTANCE
You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the TaskNow Pro app or our website or by notifying Pros directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement, or the creation or modification of any additional terms. You are responsible for remaining knowledgeable about the terms of the Agreement.
Welcome to TaskNow, a technology service (“Service”) operated by TaskNow LLC, and offered via the TaskNow app and tasknow.com website, that enables service professionals (“Pros,” or "you") to get more booked service jobs and manage these jobs via the TaskNow Pro app or tasknow.com website (collectively, the “Platform”).
USE OF THE SERVICE
The Service is offered to Users who are 18 years of age or older and reside in the United States. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein.
Subject to User’s compliance with this Agreement, TaskNow LLC hereby grants User a non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.
All copyright, database rights, trademarks (whether registered or unregistered), design rights (whether registered or unregistered), patent applications, patents, and other intellectual property rights of any nature in the app or Platform together with the underlying software code and any and all rights in, or derived from the app or Platform are proprietary and owned either directly by TASKNOW LLC or by TASKNOW LLC’s licensors and are protected by applicable intellectual property and other laws. You agree that you will not use such proprietary information, materials, or intellectual property rights in any way whatsoever except as expressly permitted in this Agreement. No portion of the app or Platform may be reproduced in any form or by any means, except as expressly permitted in the terms of this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the app or Platform or any intellectual property rights therein in any manner, and you shall not exploit the app or Platform or any intellectual property rights therein in any unauthorized way whatsoever.
TaskNow LLC will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, TaskNow LLC may restrict access to some parts of the Service, or the entire Service, to User. TaskNow LLC does not make any representations or guarantees regarding uptime or availability of the Service.
SERVICE DATA YOU PROVIDE AS A PRO
To use the Service, You may be required to provide to us, directly or indirectly, with the following types of information (which shall be referred to collectively as “Service Data”):
We require Pros to complete a profile (“Business Profile”) in the TaskNow Pro Portal (“Portal”). Users warrant that the information they submit in creating an account or generating a Business Profile is complete, accurate and current.
Pros are requested to post licensing information in their Portal. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. Users warrant that the licensing or other qualification information they submit is complete, accurate and current. Users will maintain all licenses current while using the Service. You must comply with all applicable laws, rules and regulations in using the Services or in providing any services to Consumers.
Insurance and Bonding
Pros may post information and documents concerning insurance policies and/or bonds covering their operations. While we do not verify this information, Users warrant that the insurance, bonding or other coverage information they submit is complete, accurate and current.
In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate and to reference you as the source of the Feedback.
You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, whether this activity is conducted by you or any other person. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any username, password, or other identifier, whether chosen by User or provided by TaskNow LLC, at any time if, in our opinion, User has violated any provision of this Agreement.
COMMUNICATING WITH YOU
You authorize TaskNow LLC, inclusive of its agents, affiliates and independent contractors, to contact you at the email address or telephone number that you have provided to TaskNow LLC for advertisement, telemarketing, solicitation or other purposes, using a pre-recorded voice to deliver a message, or texting you. You can unsubscribe from these messages at any time.
Access to Your Funds
We will deposit to your bank account the amounts actually received by us for transactions submitted through the Service. We reserve the right to revise our payout schedule. Once your US bank account information is verified, we will automatically initiate a payout for any completed jobs and processed transactions to your designated bank account by 5:00 pm Central Standard Time each Friday, except as provided below. Payouts to your bank account is subject to your bank’s policies.
Funds for any given transaction will not be deposited until the transaction is deemed complete. Transactions will be deemed complete when we or the designated financial institutions have accepted the transaction or funds. You are responsible for monitoring your transactions and ensuring that our payments to you are correct. You must notify us of any errors in payments made to you within sixty (60) days of the error first appearing on your electronic transaction history. Failure to notify us of such an error in accordance with this Agreement will be deemed a waiver of any right to amounts owed to you.
Restrictions on Availability of Funds
Should we need to conduct an investigation or resolve any suspicious activity or pending dispute related to a Pro account, we may defer payout or restrict access to your funds for the entire time it takes for us to do so. We also may defer payout or restrict access to your funds as required by law or court order, or if otherwise requested by law enforcement or governmental entity.
The amount of a transaction may be reversed or charged back to your bank account (a “Chargeback”) if the transaction (a) is disputed, (b) is reversed for any reason by the Card Associations (defined below), our processor, or a payer’s or our financial institution, (c) was not authorized or we have any reason to believe that the transaction was not authorized, or (d) is allegedly unlawful, suspicious, or in violation of the terms of this Agreement.
Our Collection Rights for Chargebacks
For any transaction that results in a Chargeback, we may withhold the Chargeback amount in a reserve account. We may deduct the amount of any Chargeback and any associated fees, fines, or penalties assessed by the card-issuing bank or organization (“Card Association”) or our processor from your bank account (including without limitation any reserve), any proceeds due to you, your bank account, or other payment instrument registered with us. If you have pending Chargebacks, we may delay payouts to your bank account. Further, if we reasonably believe that a Chargeback is likely with respect to any transaction, we may withhold the amount of the potential Chargeback from payments otherwise due to you under this Agreement until such time that (a) a Chargeback is assessed due to a customer’s complaint, in which case we will retain the funds, (b) the period of time under applicable law or regulation by which the customer may dispute that the transaction has expired or (c) we determine that a Chargeback on the transaction will not occur. If we are unable to recover funds related to a Chargeback for which you are liable, you will pay us the full amount of the Chargeback immediately upon demand. You agree to pay all costs and expenses, including without limitation attorneys’ fees and other legal expenses, incurred by or on behalf of us in connection with the collection of all the Pros account deficit balances unpaid by you.
Any bank account or card information may be held by TaskNow LLC in order to satisfy any account balances, disputes, refunds, Chargebacks or other liabilities or obligations after leaving or terminating the Service.
Exclusive of Sales Tax, you are responsible for determining any and all of applicable taxes assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with your use of our Service or the operation of your business through use of the Service (collectively, “Taxes”). You also are solely responsible for collecting, withholding, reporting, and remitting correct Taxes to the appropriate tax authority. We will report annually to the Internal Revenue Service (“IRS”), as required by law, your name, business name, address, Tax Identification Number the total dollar amount of the payments you receive in a calendar year, and the total dollar amount of the payments you receive for each month in a calendar year.
We will attempt to rectify processing errors that we discover and may withhold funds pending our investigation of any such errors. If the error resulted in your receipt of less than the correct amount to which you were entitled, we will credit your bank account for the difference. If the error results in your receipt of more than the correct amount to which you were entitled, we will debit the extra funds from your bank account. We will only correct transactions that you process incorrectly if and when you notify us of such an error. Your failure to notify us of a processing error within thirty (30) days of when it first appears on your electronic transaction history will be deemed a waiver of any right to amounts owed to you.
ACCEPTABLE USE OF OUR SERVICE
The following activities are prohibited:
1. Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.
2. Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.
3. Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination. You may not use the Service to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.
4. Illegal activities: You may not post or upload Materials that violate any applicable laws.
5. Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.
6. Obscene or offensive content. You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.
7. Personally identifiable or confidential information. You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have written, valid consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
8. Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.
9. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.
10. Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.
We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.
APP BOOKING SERVICES
TaskNow LLC offers the ability for consumers who use our app (“Consumers”) to book services, interact with you during your provision of services, and pay for your services through the TaskNow booking app and website.
All Pros participating in booking services through our TaskNow app (the “App Booking Services”) are required to follow a code of conduct to create a thriving ecosystem of satisfied customers that will help grow your business.
Stay on Platform: If you receive a job request or a message through App Booking Services, you are expected to complete the job through any requested service provider. It’s important for a customer to have a consistent experience with notification, work, and billing.
Be Responsive: Your customers expect prompt communication.
Set Expectations: Always use the “On my way” button when heading to a job. Show up to your scheduled jobs on time or notify your customer in advance if you need to reschedule.
Be Yourself: You were requested, so you’re expected to be the person showing up and doing the work. In the event you cannot fulfill a service request, you must immediately notify TaskNow Operations at firstname.lastname@example.org to discuss and approve any changes or a substitute service provider.
Be Professional: Use our messaging feature for business only. We reserve the right to read through messages if a customer reports abuse.
Follow Through: Complete every job to the best of your ability.
Be the Best: Provide quality work for every customer - they will rate you accordingly. We reserve the right to remove you from the App Booking Services for failing to adhere to the code.
Relationship between TaskNow LLC and Pros
TaskNow LLC and Pros are separate and independent entities, and the employee of one of those entities is not an employee of another entity. We are not an agent of the Pros and vice versa. We provide a referral service to Pros. In no event will TaskNow LLC be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.
Booking Services Referral Fees
We charge a 15% referral fee to Pro’s for each job that is booked, and service completed by the Pro for a Consumer. This referral fee is charged on the posted price on the App minus the TaskNow Support fee and any applicable Sale Tax. TaskNow reserves the right to adjust this rate with 14 days notice via email to Pros.
INTERACTIONS AND DISPUTES WITH CONSUMERS
No Warranty or Endorsement of Pros Services
WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ORDER SERVICES FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. REGARDING THE QUALITY OF SERVICES RENDERED BY ANY SERVICE PROVIDER.
IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE TASKNOW LLC, ITS AFFILIATES AND EACH OF ITS AND THEIR OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES (INCLUDING ANY LOST PROFITS) AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF TASKNOW LLC’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE SERVICES, OUR APP OR OUR PLATFORM OR THE CONTENT THEREON FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY FEATURE, CONTENT, SEARCH OR LINK ON IT. THE SERVICE AND ITS FEATURES AND CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OR FEATURES OF THIS SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.
WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES OR WEBSITE LINKS (“THIRD PARTY SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH THIRD PARTY SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH THIRD PARTY SERVICES.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL WE, OUR AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL (INCLUDING LOSS OF PROFITS), GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THE SERVICE, (2) THE CONDUCT OF A CONSUMER, USER, PROS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, APP OR PLATFORM. IN NO EVENT WILL TASKNOW LLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO TASKNOW LLC IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk.
JURISDICTION AND CHOICE OF LAW
This Agreement is governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Texas, without regard to its conflict of law provisions.
The Service is controlled and operated by TaskNow LLC from its offices within the United States and is intended only for use by users in the United States. The Service is not intended to subject TaskNow LLC to any non-U.S. jurisdiction or law. TaskNow LLC makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.
DISPUTE RESOLUTION – MUTUAL ARBITRATION PROVISION
You and we mutually agree to this Mutual Arbitration Provision, which is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) and shall apply to any and all disputes arising out of or relating to this Agreement, your use of the Services, our app and the Platform, your provision of services to consumers and businesses, the payments received by you for providing services to consumers and businesses, the termination of this Agreement, and all other aspects of your relationship with TASKNOW LLC, past, present or future, whether arising under federal, state or local statutory and/or common law, including without limitation harassment, discrimination or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans With Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Federal Credit Reporting Act (or its state or local equivalents), Telephone Consumer Protection Act (or its state or local equivalents), or Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes or regulations addressing the same or similar subject matters, and all other federal, state or local claims arising out of or relating to your relationship or the termination of that relationship with TASKNOW LLC. The parties expressly agree that this Agreement shall be governed by the FAA even in the event you and/or TASKNOW LLC are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively and finally by an arbitrator. If for any reason the FAA does not apply, the state law governing arbitration agreements in the state in which the Pro operates shall apply.
You and TASKNOW LLC agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost and mutually beneficial outcome. You and TASKNOW LLC therefore agree that, before either you or TASKNOW LLC demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this mutual arbitration agreement. If you are represented by counsel, your counsel may participate in the conference, but you will also fully participate in the conference. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify TASKNOW LLC that you intend to initiate an informal dispute resolution conference, email email@example.com and provide your name, the telephone number associated with your account (if any), the email address associated with your profile , and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If, following the informal resolution process, either you or TASKNOW LLC wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery service within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought and (4) the amount in controversy. Any demand for arbitration by you must be delivered to the counsel who represented TaskNow LLC in the informal resolution process, or if there was no such counsel, then to TaskNow LLC , 5100 Westheimer Road Suite 200, Houston, Texas 77056, Attn: Legal Department.
Arbitration Class Action Waiver. You and TASKNOW LLC mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action—including but not limited to actions brought pursuant to the Private Attorney General Act (“PAGA”), California Labor Code section 2699 et seq., any similar statute or law of any other state, and any request seeking a public injunction—and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action, or to award relief to anyone but the individual in arbitration (“Arbitration Class Action Waiver”). Notwithstanding any other clause contained in this Agreement or the CPR Rules (as defined below) any claim that all or part of this Arbitration Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Arbitration Class Action Waiver is unenforceable, the class, collective and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Arbitration Class Action Waiver that is enforceable shall be enforced in arbitration. All other disputes with respect to whether this Mutual Arbitration Provision is unenforceable, unconscionable, applicable, valid, void or voidable, and all disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. For sake of clarification only, nothing in this paragraph shall be construed to prohibit settlements on a class-wide, collective, and/or representative basis.
Any arbitration shall be governed by the CPR Administered Arbitration Rules (together, the “CPR Rules”) of the International Institute for Conflict Prevention & Resolution, except as follows:
• The arbitration shall be heard by one arbitrator (the “Arbitrator”) selected in accordance with the CPR Rules. The Arbitrator shall be an attorney with experience in the law underlying the dispute.
• If the parties cannot otherwise agree on a location for the arbitration, the arbitration shall take place within 45 miles of the Pro’s residence or place of business as of the effective date of this Agreement.
The CPR fee schedule will apply with the following exceptions.
• Unless applicable law provides otherwise, in the event that TASKNOW LLC and you have agreed to this Mutual Arbitration Provision, TASKNOW LLC and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings, but your share of such fees and costs will not exceed the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration.
• TASKNOW LLC shall pay any costs uniquely associated with arbitration, such as payment of the fees of the Arbitrator, as well as room rental.
The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
Except as provided in the Arbitration Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
The Arbitrator's decision or award shall be in writing with findings of fact and conclusions of law.
The Arbitrator may issue orders to protect the confidentiality of proprietary information, trade secrets, or other sensitive information. Subject to the discretion of the Arbitrator or agreement of the parties, any person having a direct interest in the arbitration may attend the arbitration hearing. The Arbitrator may exclude any non-party from any part of the hearing.
Either your or TASKNOW LLC may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.
The CPR Rules may be found at www.cpradr.org or by searching for “CPR Administered Arbitration Rules” using a service such as www.google.com or www.bing.com or by asking TASKNOW LLC’s Legal Department to provide a copy (by submitting a written request to 5100 Westheimer Road Suite 200, Houston, Texas 77056, Attn: Legal Department).
Your Right to Opt Out of Mutual Arbitration Provision. Arbitration is not a mandatory condition of your contractual relationship with TASKNOW LLC, and therefore you may submit a statement notifying TASKNOW LLC that you wish to opt out and not be subject to this MUTUAL ARBITRATION PROVISION. In order to opt out, you must notify TASKNOW LLC in writing of your intention to opt out by sending a letter, by First Class Mail, to 5100 Westheimer Road Suite 200, Houston, Texas 77056, Attn: Legal Department. Any attempt to opt out by email will be ineffective. The letter must state your intention to opt out. In order to be effective, your opt out letter must be postmarked within 30 days of the effective date of this Agreement. The letter must be signed by you, and not by your agent or representative. The letter may opt out, at most, only you, and letters that purport to opt out other Pros will not be effective as to any. You may effectuate an opt out on behalf of other Pros. If, at the time of your receipt of this Agreement, you were bound by an existing arbitration agreement with TASKNOW LLC, that arbitration agreement will continue to apply to any pending litigation, even if you opt out of this Arbitration Agreement. If you opt out as provided in this paragraph, you will not be subject to any adverse action from TASKNOW LLC as a consequence of that decision and you may pursue available legal remedies without regard to this Mutual Arbitration Provision. If you do not opt out within 30 days of the effective date of this Agreement, you and TASKNOW LLC shall be deemed to have agreed to this Mutual Arbitration Provision. You have the right to consult with counsel of your choice concerning this Mutual Arbitration Provision (or any other provision of this Agreement).
Except as specified in the prior paragraph, this Mutual Arbitration Provision supersedes any and all prior arbitration agreements between you and TASKNOW LLC and is the full and complete agreement relating to the formal resolution of disputes covered by this Mutual Arbitration Provision. In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. The award issued by the Arbitrator may be entered in any court of competent jurisdiction.
You agree to indemnify, defend and hold harmless TaskNow LLC, it affiliates and each of its and their parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees and court costs, resulting from or arising out of (a) any of your acts or omissions, including your delivery of any services to Consumers or third parties, (b) any violation or breach by you of this Agreement, or (c) your use of the Service, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.
NO THIRD-PARTY BENEFICIARIES
Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than TaskNow LLC and the Pros, any benefit, right or remedy.
The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context.
You may terminate this Agreement upon seven (7) days written notice. TASKNOW LLC may terminate this Agreement and deactivate your account for any reason in TASKNOW LLC’s sole discretion upon seven (7) days’ prior written notice or for a material breach of this Agreement. Notwithstanding any other provision in this Agreement, TASKNOW LLC reserves the right to deactivate you if, in TASKNOW LLC’s good faith and reasonable discretion, it is necessary to do so for the safe and/or effective operation of the Platform and/or for the protection of consumers and/or businesses who use the Platform. TASKNOW LLC shall provide notice of any deactivation to you via e-mail or posting such deactivation to the Platform.
Under no circumstances will TaskNow LLC be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond TaskNow LLC’s reasonable control.
If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions.
The failure by TaskNow LLC to enforce any right or provision of this Agreement will not prevent TaskNow LLC from enforcing such right or provision in the future.
No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control.
TaskNow LLC may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. User may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without TaskNow LLC’s prior written consent.
TaskNow LLC may send notices pursuant to this Agreement to User’s email contact points provided by User, and such notices will be deemed received at the time they are sent. User may send notice pursuant to this Agreement to the email address below, and such notices will be deemed to be received at the time they are sent.
If User has questions or comments about the Service or this Agreement, please contact us at firstname.lastname@example.org.
IN WITNESS WHEREOF, both parties hereto have accepted and executed this Agreement electronically on the date of submission by clicking the checkbox and submitting the application.