Last update on: Mon, Nov 12, 2018
1. Information Collection
In order to become a EveryPayJoy user, you may optionally create an account on the Site. To create an account, you are required to provide: your email address, first and last name, telephone number and zip code.
If your personally identifiable information changes, or if you no longer desire our service, you may correct, update or delete it by emailing us at firstname.lastname@example.org or by contacting us at any of the contact information listed below. The name and email address on the account must match our records to request access. We will respond to your request to access within 30 days.
We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Cookies, Log Files & IP Address:
Information from Other Sources:
We may receive information about you, including personal information, from third parties via an opt-in process, and may combine this information with other information we maintain about you. For an example, one of our marketing partners may present the opportunity to become a site member. If a user opts-in on a third party site, the marketing partner will provide contact information like name, email address, and zip code. If we do so, this policy governs any combined information that we maintain in personally identifiable format.
Minors (users under the age of 18) are not eligible to use EveryPayJoy, and we ask that minors (under the age of 18) do not submit any personal information to us or use the service.
3. Use of Information
We use personal information to enhance, improve, operate, and maintain EveryPayJoy; to provide you with services you request; to contact you in connection with your transactions, postings and other activities on the Site, to forward to you messages from other users, and to communicate with you about match information and other products and services that we believe may be of interest to you.
4. Information Sharing and Disclosure
EveryPayJoy collects the following categories of personally identifiable information: first and last name; home address, including name of a city and state or zip code; email address; telephone number, information about your job candidacy and job search (e.g., the number of years of work experience you have), information about your activities on EveryPayJoy, and demographic information, such as gender, geographic area, and preferences, when any of this information is linked to personal information that identifies you.
When we share your personal information with our third party affiliate, agent, service provider or business partner to help us with our business activities or provide services to us. These companies are authorized to use your personal information only as necessary to provide these services to us.
Some of our pages utilize framing techniques to serve content to from our partners while preserving the look and feel of our Site. Please be aware that you are providing your personal information to these third parties and not to EveryPayJoy.
If you opt-in to receive education consultation, EveryPayJoy may share your personal information with third-party education lead-generation companies to provide the requested consultation. They may call you by phone and send emails to you to provide education related information.
Please be aware that we may send you certain communications relating to the EveryPayJoy service, such as service announcements, administrative messages and the EveryPayJoy Newsletter, that are considered "transactional or relationship" messages or are otherwise non-commercial, without offering you the opportunity to opt out of receiving them.
We may also disclose your personal information:
As required by law, such as to comply with a subpoena, or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. If EveryPayJoy is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on Site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information, to any other third party with your prior consent to do so.
By registering on EveryPayJoy, you agree that this act constitutes an inquiry and/or application for purposes of telemarketing laws, and notwithstanding that your telephone and/or cell number may be listed with the federal Do-Not-Call Registry you expressly opt-in to: (a) receive an offer or service from one or more of our partners or affiliates; (b) receive future information about products and services from us, our partners, affiliates and other third parties to whom we may provide your information; (c) permit us, our partners, affiliates and other third parties to contact you pursuant to the business relationship we have established using the information you provided to us for any purpose such as contacting you by e-mail address, phone and/or mobile phone number (including use of automated dialing equipment), text (SMS) message or any means of communication for any purpose that, among other things, your wireless device may be capable of receiving (e.g. mms, video etc.)
5. Third Party Cookies
Notwithstanding anything else in this policy, we or a data provider we have engaged may place or recognize a unique cookie on your browser to enable you to receive customized ads or content. These cookies contain no personally identifiable information. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us, e.g., your email address, that we may share with a data provider solely in hashed, non-human readable form. To opt-out of these cookies, please go to http://www.aboutads.info/choices.
6. Data Security
The security of your personal information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We use reasonable security measures and generally accepted standards to protect personal information from unauthorized use, alteration, and disclosure. We restrict access of your personal information from our employees, unless we believe it is reasonably necessary to do their jobs. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at email@example.com.
7. Links to Other Sites
8. Single Sign-On
You can log in to our Site using sign-in services such as Facebook Connect, Google Sign-In, or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect or Google Sign-In give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
To stop receiving job alerts and marketing offers from EveryPayJoy.io, click here, by following the unsubscribe instructions included in these emails or you can contact us at firstname.lastname@example.org. It may take up to 3 business days for the opt-out notification to be fully processed.
11. Contact Us
General Terms of Services
Last update on: March 25, 2018
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING SERVICE.
These Terms form a binding agreement between EveryPayJoy, a Delaware corporation located at 11900 Jollyville Rd #200524, Austin, TX 78720 ("EveryPayJoy" , "we" or "us") and the individual or entity that accesses or uses the Service ("Customer"). If you are an individual accepting these Terms on behalf of an entity that is the Customer, you represent and warrant that you have the authority to bind Customer to these Terms. Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms apply to any Services or properties such as websites or apps owned and operated by and collectively referred to herein as "EveryPayJoy" on which a link to these Terms appears. If you have any questions regarding these Terms, you may contact us at www.everypayjoy.com. We may amend these Terms at any time by posting a revised version of these Terms.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 17 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICE.
1. Service Description.
At EveryPayJoy, we are committed to making your total EveryPayJoy experience a positive one. Upon entering your information and the request for which you would like a business service, we will attempt to match you with our Service Professionals in your area/remotely, who may be interested in fulfilling your service needs. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
2. Eligibility, Member Verification.
EveryPayJoy Service is not available to minors under the age of 18 years old. Any existing user account may be suspended for any reason. Selling, trading or transferring your account to another person is prohibited. If you do not qualify, you may not use the EveryPayJoy Service.
You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
EveryPayJoy may make access to and use of the EveryPayJoy Platform, or certain areas or features of the EveryPayJoy Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member's booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any User's identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a User, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available). SPRUCEJOY MAY CHECK THE BACKGROUNDS OF SERVICE PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; HOWEVER, THE BACKGROUND CHECK IS LIMITED, FOR EXAMPLE, WE MAY ONLY PERFORM SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE SPRUCEJOY PLATFORM, OR FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. SPRUCEJOY IS UNDER NO OBLIGATION TO VERIFY AND UPDATE A SERVICE PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE SPRUCEJOY PLATFORM, THE REQUESTER AGREES TO HOLD EveryPayJoy FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. SPRUCEJOY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
The access to or use of certain areas and features of the EveryPayJoy Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the EveryPayJoy Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the EveryPayJoy Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. User of Service.
Upon registration, you may choose your own password or EveryPayJoy will assign you a password to access the Services through the EveryPayJoy website or apps. EveryPayJoy reserves the right to refuse service without prior notice to any user for any or no reason. You acknowledge and agree that your use of EveryPayJoy is for your personal use and not for advertising or commercial purposes.
No Contracting via the EveryPayJoy Website or App. As the provider of the EveryPayJoy Platform, EveryPayJoy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services, nor is EveryPayJoy an organiser or retailer of Services. EveryPayJoy may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and EveryPayJoy does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via the EveryPayJoy or apps, or which you find on the EveryPayJoy or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via EveryPayJoy. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via EveryPayJoy. To contract with a Service Professional, you must work directly with the Service Professional. EveryPayJoy does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. EveryPayJoy is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
Release from Damages or Claims. While we may help facilitate the resolution of disputes, EveryPayJoy has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Service Professionals' Content, or (iii) the performance or conduct of any Service Professionals or third party. Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy EveryPayJoy on the fee disputes). YOU HEREBY AGREE TO RELEASE SPRUCEJOY (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.
No Guarantees or Endorsements. Any references to a Service Professional being "verified" (or similar language) only indicate that the Service Professional has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by EveryPayJoy about any Service Professional, including of the Service Professional's identity or background or whether the Service Professional is trustworthy, safe or suitable. EveryPayJoy does not endorse or recommend the services of any particular Service Professional. You should always exercise due diligence and care, evaluate the Service Professional and the Service Professional's qualifications when deciding whether to enter into a direct contract or otherwise reach agreement with a Service Professional, whether online or in person. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Service Professional to provide you with a copy of their license. We do not guarantee or warrant any Service Professional's performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of EveryPayJoy, nor is EveryPayJoy an agent of the Service Professionals.
Due to the nature of the Internet, EveryPayJoy cannot guarantee the continuous and uninterrupted availability and accessibility of the EveryPayJoy Platform. EveryPayJoy may restrict the availability of the EveryPayJoy Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the EveryPayJoy Platform. EveryPayJoy may improve, enhance and modify the EveryPayJoy Platform and introduce new EveryPayJoy Services from time to time.
Users of the EveryPayJoy Platform contract for Services directly with other Users. EveryPayJoy is not a party to any contracts for the Services. The EveryPayJoy Platform facilitates these contracts by supplying a medium through which Service Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Services ("Payments"). EveryPayJoy has created pre-packaged services based on common Service Requester requests ("Pre-Packaged Services"). For EveryPayJoy Pre-Packaged Services, Service Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they order through the EveryPayJoy Platform. Prior to the scheduled Service, we will charge the Service Requester's credit card according to the amount the Requester has agreed to on the EveryPayJoy Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Service Fee, and the Service Requester hereby authorizes us to charge the credit card on file in the Requester's EveryPayJoy Platform account for such amounts. We will use third party services to process credit card information. By accepting these Terms, you are giving EveryPayJoy (or a third-party payment processor on EveryPayJoy's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe EveryPayJoy. Depending on the transaction you selected or services requested, EveryPayJoy may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with EveryPayJoy at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Service Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Service Requester bears the responsibility for notifying EveryPayJoy. Service Requesters must notify EveryPayJoy either by changing the date or hours of the requested Professional Service through the EveryPayJoy Platform or by visiting the EveryPayJoy Help Center at community.EveryPayJoy.com. No refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Service Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on EveryPayJoy's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to EveryPayJoy or third parties, then EveryPayJoy may withhold any payments to you for as long as we determine any related risks to EveryPayJoy or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate these Terms, then we may in our sole discretion permanently withhold any payments to you.
5. Information You Provide to Us/TCPA Consent.
Upon using EveryPayJoy, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as business services records, on our website or apps. Some of this information will be sent to our Service Professionals who will need this information to respond to your request. By providing this information to us, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize EveryPayJoy to send you an automated pre-recorded call confirming your service request, along with calls from our Service Professionals that can help you with your request to the landline or mobile phone number you provided, and you understand that either EveryPayJoy or the our Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with EveryPayJoy and/or a Service Professional and thus agree to be contacted by EveryPayJoy and/or our Service Professionals. You promise that all information you provide (including but not limited to your contact information) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or EveryPayJoy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EveryPayJoy has the right to refuse any current or future use of the EveryPayJoy Services (or any portion thereof) by you. You are responsible for any use of the EveryPayJoy Services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO SPRUCEJOY AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES.
6. SMS Messaging.
By submitting a service request, you agree that EveryPayJoy and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of EveryPayJoy. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from EveryPayJoy at any time by reply the word STOP from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from EveryPayJoy, your use of EveryPayJoy Services may be impacted.
7. Call Recording.
You acknowledge and agree that EveryPayJoy may monitor and/or record any telephone calls between you and EveryPayJoy.
8. User Generated Content.
You agree that all of the content and information posted by you or your agents or designees on EveryPayJoy, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as "Content") is the sole and exclusive property of EveryPayJoy, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
Grant of License. You hereby grant EveryPayJoy and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the EveryPayJoy and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
Representation of Ownership and Right to Use Content. By posting or providing any Content to EveryPayJoy, you represent and warrant to EveryPayJoy that you own or have all necessary rights to use the Content, and grant to EveryPayJoy the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
Content Guidelines. EveryPayJoy reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any EveryPayJoy owned or operated websites or apps if EveryPayJoy determines (in its sole discretion) that such content contains or features any of the following:
I. Offensive, harmful and/or abusive language, including without limitation:
expletives, profanities, obscenities, harassment, vulgarities, sexually
explicit language and hate speech (e.g., racist/discriminatory speech.)
II. References to illegal activity.
III. Language that violates the standards of good taste or the standards of this Site.
IV. Statements that are or appear to be false.
V. Comments that disparage EveryPayJoy.
9. Access to Service.
Access from automated software, or so-called crawlers or spiders, to EveryPayJoy is strictly prohibited. You must agree not to copy web pages from our site. You must not simulate our website functionalities for other websites.
To stop receiving marketing offers from EveryPayJoy.io, click here. It may take up to 10 business days for the opt-out notification to be fully processed.
11. Links to Third Party Sites.
The links in the EveryPayJoy or apps will let you leave EveryPayJoy's website. The linked sites are not under the control of EveryPayJoy and EveryPayJoy is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the Terms, and privacy policies, of such linked sites. EveryPayJoy is not responsible for webcasting or any other form of transmission received from any linked site. EveryPayJoy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EveryPayJoy of the site.
12. Third Party Copyrights and Other Rights.
EveryPayJoy respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms. For other intellectual property claims, please send us a notice at email@example.com.
13. Notice Specific to Documents and Information Available on This Website.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the EveryPayJoy server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of EveryPayJoy. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the EveryPayJoy or apps or any other EveryPayJoy owned, operated, licensed or controlled site. Elements of the EveryPayJoy or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any EveryPayJoy web Site may be copied or retransmitted unless expressly permitted by EveryPayJoy. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. SPRUCEJOY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPRUCEJOY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SPRUCEJOY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPRUCEJOY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
15. Disclaimer of Warranties.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. SPRUCEJOY RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF PRODUCTS AND SERVICES OFFERED ON THIS SITE. USE OF THE SERVICE IS AT YOUR OWN RISK. SPRUCEJOY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SPRUCEJOY DOES NOT WARRANT THAT THE SERVICE OR SITE WILL BE UNINTERUPTED, ERROR- FREE, OR COMPLETELY SECURE, THAT THIS SITE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED EVEN IF SPRUCEJOY IS AWARE OF THEM.
16. Limitation of Liability.
You must agree that EveryPayJoy shall not be liable to you for any reason. You must not seek any payment from EveryPayJoy for any reason.
17. Governing Law; Dispute Resolution and Binding Arbitration.
Any controversy or claim arising out of or relating to the Service or these Terms, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms, will be governed by and construed in accordance with the laws of the State of Texas, excluding its choice of law rules and will be settled by binding confidential arbitration in Austin, Texas under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized alternative dispute resolution organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, EveryPayJoy may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by Customer. Neither party will participate in a class action or class-wide arbitration for any claims covered by these Terms. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICATION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN TRAVIS COUNTY, TEXAS AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
18. Contact Us.
If you have any questions or concerns about this Term-of-Use, please contact us at firstname.lastname@example.org. or by mail to: EveryPayJoy, 11900 Jollyville Rd #200524, Austin, TX 78720.
Service Professionals Terms of Services
Last update on: March 25, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS (THESE "TERMS") CAREFULLY. BY ACCESSING OR USING THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM ACCESSING OR USING SERVICE.
These Terms form a binding agreement between EveryPayJoy, a Delaware corporation located at 11900 Jollyville Rd #200524, Austin, TX 78720 ("EveryPayJoy" , "we" or "us") and the individual or entity that accesses or uses the Service ("Service Professional"). If you are an individual accepting these Terms on behalf of an entity that is the Service Professional, you represent and warrant that you have the authority to bind Service Professional to these Terms. Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms apply to any Services or properties such as websites or apps owned and operated by and collectively referred to herein as "EveryPayJoy" on which a link to these Terms appears. If you have any questions regarding these Terms, you may contact us at www.everypayjoy.com. We may amend these Terms at any time by posting a revised version of these Terms.
THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 16 THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTES. PLEASE BE SURE THAT YOU UNDERSTAND AND AGREE TO THOSE CONDITIONS BEFORE YOU USE THE SERVICE.
These Terms govern Service Professional's access to and use of EveryPayJoy' programs and services (i) that are accessible through Service Professional's account ("Account") or (ii) that reference or are referenced by these Terms (collectively, the "Service"). Service Professional's use of the Service may also be subject to additional policies and requirements that may be posted through the Service or otherwise made available to Service Professional ("Policies"). All such Policies are incorporated by reference into the Terms. In the event of any inconsistency between the Terms and any Policy, the terms in the Policy will control, but solely to the extent of the inconsistency.
1. The EveryPayJoy Platform.
The EveryPayJoy Platform is an online marketplace that enables Service Professional to publish Services on the EveryPayJoy Platform ("Listings") and to communicate and transact directly with consumers, businesses, individuals and other persons ("Service Requester") that are seeking to certain services relating to business, home, auto and other types of tasks and projects ("service requests"). These service requests from Service Requesters may be submitted directly or indirectly to EveryPayJoy by Service Requesters via the EveryPayJoy Website, telephone calls, SMS text messages, third party websites or other means. In turn, EveryPayJoy may send you a communication about a Service Requester's service request that contains information about what service has been requested and the Service Requester's contact information (a "Lead"). We may also send your contact information to the Service Requester. The information we provide about you will be based on the information you submit during the Account Interview (which you may amend from time to time) and Service Requester Ratings & Reviews, and may be amended by EveryPayJoy from time to time. Leads may also be sent to other member service professionals based on the category of the service request.
We limit the number of Service Professionals that are matched to a Service Requester. We do not guarantee to provide you any specific number of Leads, nor do we make guarantees, representations or warranties regarding a Service Requester's level of interest, their desire to have work completed, their ability to pay you, the accuracy of the information provided by the Service Requesters, or that any Service Requesters will hire you to perform services, nor do we guarantee that you will successfully contact each Service Requester. As the provider of the EveryPayJoy Platform, EveryPayJoy does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Services, nor is EveryPayJoy an organiser or retailer of Services. We are not involved in, nor do we have any responsibility for your contracts with Service Requesters, their creditworthiness, or any payments to you or any disputes they may have with you or you may have with them. You are entering into a contract directly with the Service Requester. EveryPayJoy is not and does not become a party to or other participant in any contractual relationship between Service Requesters and Service Professionals, nor is EveryPayJoy a service broker or insurer. EveryPayJoy is free to contract with other Service Professionals as this is not an exclusive contract.
We provide Service Requesters with the ability to rate their experience working with you via Service Requester Ratings & Reviews. You will also have the ability to solicit and collect ratings and reviews from any of your Service Requesters, which may or may not be displayed in your profile, in EveryPayJoy's sole discretion.
EveryPayJoy will provide Service Professional with access to an account dashboard through which Service Professional may monitor its leads and set or adjust certain parameters (the "Dashboard"). The Dashboard is provided at EveryPayJoy' sole discretion, and may be revised, altered or discontinued at any time, with or without notice. Applicable lead information will be made available through the Dashboard. Service Professional is responsible for checking the Dashboard regularly, and for setting any desired notifications. EveryPayJoy will issue you a username and password so that you can access the EveryPayJoy Platform to provide the Services. You agree that only you will use the username and password, as you are the sole authorized user.
3. Eligibility, Service Professional's Representations, Warranties, And Use of the Platform.
Access to and use of the EveryPayJoy 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 and that you have the right, authority, and capacity to enter into and abide by the terms of these Terms.
By registering or using the Platform to offer, post, or provide Services, you represent and warrant that you, and the employees, agents, contractors, and subcontractors who may perform work for you are properly and fully qualified and experienced, in lawful possession of all equipment, insurance, and licenses necessary to perform the services contemplated by these Terms in accordance with all 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. You desire to enter into these Terms for the purpose of using the EveryPayJoy Platform to obtain business opportunities to provide services on behalf of service requesters.
EveryPayJoy, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional's account based on the results of such a check. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from EveryPayJoy's vendors.
To the fullest extent permitted by applicable law, Service Professional agrees to indemnify, defend, and hold harmless EveryPayJoy , and each of their respective affiliates, officers, directors, employees, representatives and agents from and against any and all claims, liabilities, damages, costs and expenses (including legal fees and expenses, including any incurred in enforcement of this provision) arising from or relating to the Service Professional Content, Service Professional's use of the Service, or Service Professional's breach of any term or condition of these Terms.
4. Relationship of Parties.
The parties acknowledge and agree that these Terms are between two co-equal, independent business enterprises that are separately owned and operated.You understand and agree that you are a client of EveryPayJoy, and are not EveryPayJoy employees, joint venturers, partners, or agents. You acknowledge that you set or confirm your own prices, provide your own equipment, and determine your own work schedule. EveryPayJoy does not control, and has no right to control, the services you provide (including how the you provide such services) if you are engaged by a Service Requester, except as specifically noted herein. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided these Terms.
EveryPayJoy shall not have the right to, and shall not, control the manner or the method of accomplishing Services to be performed by Service Professional. The parties acknowledge and agree that those provisions of these Terms reserving ultimate authority in EveryPayJoy have been inserted solely for the safety of Service Requesters and other Service Professional using the EveryPayJoy platform or to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.
Company shall report all amounts paid to Service Professional via IRS Form 1099-MISC, if the volume of payments to Service Professional qualify. Service Professional, and not Company, will therefore pay all income taxes, business taxes, payroll taxes, withholding taxes and disability and unemployment contributions due with respect to payments made to Service Professional.
Service Professional agrees that it is Service Professional's exclusive responsibility to pay all taxes, insurance premiums, and local, state, and federal taxes related to these Terms or Terms and Conditions. Neither FICA (Social Security), FUTA (Federal Employment), nor local, state, or federal income taxes will be withheld from Company payments to Service Professional.
5. Prohibited Uses.
Service Professional will not, and will not permit any third party to (i) conceal lead response rate where such rates are required to be disclosed; (ii) use any automated means or forms of scraping or data extraction to access, query or otherwise collect EveryPayJoy-related information from any Property except as expressly permitted by EveryPayJoy; or (iii) post any content that is illegal or obscene, violate EveryPayJoy' applicable policies, or are otherwise prohibited by law or regulation.
6. Intellectual Property and Licenses.
By posting Service Professional Content, Service Professional grants to EveryPayJoy a non-exclusive, worldwide, perpetual, sublicensable (through multiple levels), fully-paid license to use, perform, reproduce, display, transmit, modify (including creation of derivative works) and distribute the Service Professional Content (including each element thereof) for the purposes of providing the Service and exercising its rights.
Subject to the terms and conditions of these Terms, EveryPayJoy grants Service Professional a limited, non-exclusive, non-sublicensable, non-transferable, personal, revocable license to use the Service. Service Professional may not reproduce, modify, distribute, lease or sell the Service or any part thereof, nor reverse engineer or otherwise attempt to access or determine the source code of the Service or any part thereof, nor may Service Professional alter, remove or obscure any notices included on or within the Service.
Except as expressly provided in these Terms, neither party will acquire any right, title or interest in or to any intellectual property or other proprietary rights of the other party or such party's suppliers or licensors.
In the event Service Professional receives a lead's information, profile, or similar document(s) or information (collectively all such information, a "Lead"), such Lead shall be treated as strictly confidential, and used only internally at Service Professional for evaluating the particular lead for the position(s) requested by such lead.
Service Professional shall implement physical, technical and administrative controls to ensure that no Lead, or any content thereof, is accessed by (or accessible to ) any person not expressly authorized hereunder. If at any time Service Professional believes that any unauthorized party may have accessed any Lead or any contents thereof (a "Security Breach"), Service Professional shall immediately terminate any such access and immediately notify EveryPayJoy. In the event of a Security Breach, Service Professional shall (i) promptly investigate and take steps to remediate the Security Breach, (ii) timely provide sufficient information for EveryPayJoy to provide appropriate notification to any impacted individuals (or, at EveryPayJoy' request, provide such notification in a form and format approved by EveryPayJoy), and (iii) be responsible for all costs incurred by EveryPayJoy with respect to such Security Breach. Without limiting the foregoing, Service Professional shall fully cooperate with EveryPayJoy in connection with such Security Breach and shall not, without EveryPayJoy' written consent, notify any third party (including affected individuals) regarding a Security Breach.
7. Fees and Payment.
Service Professional can pay Fees to EveryPayJoy in order to receive certain services on the Platform, including but not limited to being matched with and receiving contacts from Service Requesters. Unless otherwise agreed in writing, Service Professional will be charged automatically on the credit card on file for all fees and other costs incurred in connection with the Service, in accordance with EveryPayJoy' then-current policy. In order to use EveryPayJoy, you must have at least one valid payment method stored on file. The fees and costs are exclusive of taxes, and such taxes may be added to the applicable credit card charge. Service Professional agrees to pay (i) all taxes and other government charges and (ii) all reasonable expenses and attorneys' fees EveryPayJoy incurs in collecting late payments. Service Professional may not offset any payment due under these Terms against any other amounts. EveryPayJoy may, in its sole discretion, extend, revise or revoke credit at any time. EveryPayJoy may also put a pre-authorization or hold on any credit card used for recurring payment or payment in arrears in an amount equal to the expected charge. EveryPayJoy is not obligated to deliver any specific number or quantity of clicks, impressions or leads.
EveryPayJoy offer different Fee options. Please review the information made available through the Dashboard.
You will pay EveryPayJoy applicable non-refundable fees which may include: (i) a Screening Fee; (ii) Lead Fees, as set forth in the Lead Fee Schedule, for Service Requester Leads accepted by you on CPL campaign (as defined below); (iii) Service Fees,for Service Requester Leads accepted by you on CPH campaign (as defined below). EveryPayJoy reserves the right to charge your credit card for any fees immediately upon receipt of your credit card information by you or your representatives. IF SERVICE PROFESSIONAL DOES NOT SPECIFY A BUDGET CAP, SERVICE PROFESSIONAL WILL BE RESPONSIBLE FOR PAYING FOR ALL THE LEADS, AS APPLICABLE, IN CONNECTION WITH SERVICE PROFESSIONAL'S LEADS.
Lead Fees. EveryPayJoy may offer its Services on a cost-per-lead ("CPL") basis, based on reported numbers by EveryPayJoy as displayed in Service Professional's Dashboard. For a CPL campaign, Service Professional will be charged for every lead when Service Professional receives, sends a quote or have communication with the Service Requesters ("Accepted Leads") as recorded by the EveryPayJoy system. Lead fees may vary. Current prices can be accessed through the Dashboard. In addition, EveryPayJoy may make available direct messaging (to leads) and/or Lead access functionality, for which additional charges will apply. We may, in our sole discretion and in accordance with our then-existing Lead credit policies, issue you a credit ("Credit") for any Lead Fees that you dispute (by contacting EveryPayJoy via our Website, or by telephone), provided, however, that any and all requests for Credits must be received by EveryPayJoy within 30 days of the date that the Lead Fee charge was incurred. Credits that are issued to a Service Professional's account will be issued as store credits, which will be applied toward future charges to your account. Credits will expire, if not used, eighteen months after the date the Credit was issued. All Lead Fees constitute advertising fees paid by you to EveryPayJoy and are in no way, referral commissions based upon your successful completion of services.
Service Fees. EveryPayJoy may offer its Services on a cost-per-hire ("CPH") basis, where EveryPayJoy will charge Service Fees. Service fees may vary and may pay by commission of Service revenue. For Non EveryPayJoy Pre-Packaged Services, your service fee will list through the dashboard and will be collected from you upon your completion of service. For EveryPayJoy Pre-Packaged Services, the applicable Service Fees (including any applicable Taxes) are collected by EveryPayJoy Payments. EveryPayJoy Payments will deduct any Service Fees from the Listing Fee before remitting the payout to the Service Professionals. Any Service Fees are included in the Total Fees collected by EveryPayJoy Payments. Except as otherwise provided on the EveryPayJoy Platform, Service Fees are non-refundable. You are responsible for paying any Service Fees that you owe to EveryPayJoy. Notwithstanding the foregoing, in the event of a Service Fee dispute, if a Service Professional can establish that the Service Professional had an Active Process (as defined below) with the Service Requester before using the EveryPayJoy Site and Service (e.g., the Service Requester had already begun the engagement with the Service Professional and such process had not been terminated, or the Service Professional had received the Service Requester's Information from a marketing company and the Service Requester was under active consideration by the Service Professional), the Service Professional may be exempted from paying the Service Fee. However, the final determination as to whether a Service Fee is owed by the Service Professional for a service hired will be at the sole discretion of EveryPayJoy. For the purposes hereof, "Active Process" shall mean continuous direct, back & forth communication, in an active recruiting or hiring context where a decision to put a service hire on hold or reject has not been made, within the seven (7) days prior to using the Site or Service for a Service Requester that exists in Service Professional's Service Requester relationship management system.
EveryPayJoy Pre-Packaged Services. EveryPayJoy has created pre-packaged services based on common Service Requester requests. Unless you expressly opt-out, EveryPayJoy may send you job (as defined below) under EveryPayJoy Pre-Packaged Services, which Service Requester purchases the service via EveryPayJoy Payment ("Job"). Service Professional is not allowed to ask Service Requester to pay them directly for EveryPayJoy Pre-Packaged Services. If you directly charge Service Requester for EveryPayJoy Pre-Packaged Services, you will no longer be permitted to purchase leads from EveryPayJoy. Service Professional can decide if they accept the Job by their judgement. If a Job referred to and accepted by Service Professional requires more work to complete than the Estimated, Service Requester and Service Professional may, prior to Service Professional providing any Services above and beyond the details of the Job originally referred and accepted (including, but not limited to, the Estimated Work Time), negotiate an increase in Service Fees based on the additional work needed to complete the Job. Upon agreement to an increase in Service Fees, Service Professional and Service Requester shall notify EveryPayJoy. EveryPayJoy shall have no involvement in negotiating any increase in the Service Fees.
You acknowledge that it is your responsibility to ensure that the communication methods that you have selected in your EveryPayJoy profile, and all contact and billing information, are kept up-to-date and accurate. EveryPayJoy is not responsible, or liable, for undelivered Service Requester notifications. You agree to promptly notify EveryPayJoy if your payment method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your payment method). In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for you credit or debit card as provided by your credit or debit card issuer.
You acknowledge that you will not receive a detailed account statement unless you provide EveryPayJoy with a valid email address or fax number. Your account balance is also available by calling us on Contact Us page or via www.everypayjoy.com Website. EveryPayJoy will process your balance due at the end of your billing period via your selected payment method. Past due balances will be subject to a late charge equal to the lesser of 1.5% per month or the maximum amount allowed by applicable law. In addition, any returned payments will incur a $20 fee per transaction.
Any disputes about charges to your account must be submitted to EveryPayJoy in writing within 30 days of the date such charges are incurred. You agree to waive all disputes not made within the 30 day period, and all such charges will be final and not subject to challenge.
Past due accounts may be turned over to a third-party collection agency and reported to a credit rating agency and we may bill you for, and you agree to pay for any and all collection and related litigation fees.
No fee is due or payable to the extent such fee is in violation of any applicable law.
EveryPayJoy is not obligated to refund to you any amounts of prepaid Lead Fees or other prepaid fees such as service fees, except solely in the event you rescind or terminate your subscription within the seventy two (72) hour period following your agreement to purchase a subscription.
You authorize EveryPayJoy to charge you for any sales or similar taxes that may be imposed on your payments, lead fees, service fees, or any other fees charged by EveryPayJoy.
If You do not agree with any of the provisions of these Terms, please terminate Your account immediately and cease using EveryPayJoy. YOUR OBLIGATION TO PAY ANY SERVICE FEES SHALL SURVIVE ANY TERMINATION OF THESE TERMS.
8. Term; Suspension and Termination.
These Terms shall become effective upon the earlier of Service Professional's agreement to these Terms or Service Professional's first use of any Service.
EveryPayJoy may immediately, without notice, terminate these Terms and/or stop providing access to the EveryPayJoy Platform if (i) you have materially breached your obligations under these Terms, and our Policies, (ii) you have violated applicable laws, regulations or third party rights, (iii) EveryPayJoy believes in good faith that such action is reasonably necessary to protect the personal safety or property of EveryPayJoy, its Service Requesters, Service Professionals, or third parties (for example in the case of fraudulent behavior of a Service Professionals), or (iv) including, but not limited to, any act that violates EveryPayJoy's Standards, which are hereby incorporated by reference, such as when you:
- Cause a safety issue;
- Violate applicable local, state, or federal laws or applicable guidance;
- Fail to meet acceptable standards of service with respect to the end result of the Services as specified by the Service Requesters;
- Fail your background checks after signing these Terms;
- Invade Service Requester's privacy;
- Engage in or encourage fraudulent conduct; or
- Invalidate these Terms through an improper signature.
In the event of a material breach of these Terms or any Policy by Service Professional, EveryPayJoy may, at its discretion, immediately suspend or terminate (i) Service Professional's right to access and use the Service and/or Account, and/or (ii) any or all of Service Professional's listings, without notice or cure period, and without liability or any obligation of EveryPayJoy to provide any refund of fees paid by Service Professional for any listing(s). Service Professional may cancel any listing at any time through the Dashboard, and may terminate these Terms by canceling all listings of Service Professional then being displayed on the Site, and such cancellation or termination of any listing(s) or these Terms, as applicable, will become effective approximately forty-eight (48) hours after receipt of such cancellation.
In addition, EveryPayJoy may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the EveryPayJoy Account registration, Service process or thereafter, (iv) you and/or your Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or EveryPayJoy otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have low hire rate for CPH campaign, repeatedly cancelled confirmed jobs from EveryPayJoy Pre-Packaged Services or failed to respond to accepted leads without a valid reason, or (vii) EveryPayJoy believes in good faith that such action is reasonably necessary to protect the personal safety or property of EveryPayJoy, its Service Professionals, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Services, Ratings, Reviews, or other Content;
- cancel any pending or confirmed services;
- limit your access to or use of the EveryPayJoy Platform;
- temporarily or permanently revoke any special status associated with your EveryPayJoy Account;
- temporarily or in case of severe or repeated offenses permanently suspend your EveryPayJoy Account and stop providing access to the EveryPayJoy Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by EveryPayJoy and an opportunity to resolve the issue to EveryPayJoy's reasonable satisfaction.
If we take any of the measures described above (i) we may refund your Service Requester in full for any and all confirmed jobs of EveryPayJoy Pre-Packaged Services that have been cancelled or sends those jobs to another Service Professionals , irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed jobs that were cancelled.
When these Terms has been terminated, you are not entitled to a restoration of your EveryPayJoy Account or any of your Content. If your access to or use of the EveryPayJoy Platform has been limited or your EveryPayJoy Account has been suspended or these Terms has been terminated by us, you may not register a new EveryPayJoy Account or access and use the EveryPayJoy Platform through an EveryPayJoy Account of another Member.
Sections 3, 9, 10, 14, 15 and 16 of these Terms will survive any termination or expiration of these Terms.
9. Warranty Disclaimers.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. SPRUCEJOY WILL NOT BE LIABLE FOR ANY FAILURE TO PUBLISH OR DISPLAY ANY LISTINGS IN ACCORDANCE WITH ANY DESIRED START DATE OR END DATE, FOR ANY ERRORS OR INACCURACIES IN ANY LISTINGS (REGARDLESS OF WHETHER INTRODUCED BY SPRUCEJOY OR ANY OTHER SOURCE), OR ANY OTHER FAILURE, TECHNICAL OR OTHERWISE. SPRUCEJOY RESERVES THE RIGHT WITHOUT PRIOR NOTICE TO DISCONTINUE OR CHANGE THE SPECIFICATIONS OF THE SERVICE. USE OF THE SERVICE IS AT SERVICE PROFESSIONAL'S OWN RISK. SPRUCEJOY DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SPRUCEJOY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR- FREE, OR SECURE, THAT ITS SYSTEMS WILL NOT BE BREACHED, OR THAT ANY DEFECTS WILL BE CORRECTED EVEN IF SPRUCEJOY IS MADE AWARE OF THEM, NOR DOES SPRUCEJOY WARRANT OR GUARANTEE ANY SPECIFIC QUANTITY OR NUMBER OF CLICKS, IMPRESSIONS OR LEADS.
10. Limitation of Liability.
IN NO EVENT SHALL SPRUCEJOY, ITS LICENSORS OR MARKETPLACE PARTNERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, OR LOST PROFITS, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, EVEN IF SPRUCEJOY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPRUCEJOY', ITS LICENSORS' AND MARKETPLACE PARTNERS' AGGREGATE LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT RECEIVED BY SPRUCEJOY FROM SERVICE PROFESSIONAL FOR THE LISTINGS GIVING RISE TO THE CLAIM. SERVICE PROFESSIONAL ACKNOWLEDGES THAT SPRUCEJOY HAS ENTERED INTO THESE TERMS IN RELIANCE UPON THE LIMITATIONS OF LIABILITY SET FORTH HEREIN AND THAT THE SAME IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
11. Copyrighted Content.
Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Service.
Anyone who believes that any materials on the Service infringe a copyright, should provide us with written notice that at a minimum contains:
(i) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) 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, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Copyright Compliance Department EveryPayJoy Phone: 408-641-9880 Email: email@example.com
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
EveryPayJoy is constantly developing and improving the Service, and we may add, remove or alter features and functionality of the Service from time to time. EveryPayJoy reserves the right to update or modify these Terms at any time without prior notice, and such changes will be effective upon the earlier of (i) Service Professional's first use of the Service after posting of such change, or (ii) 30 days from posting of such change. Any revisions to these Terms will be posted through the Service. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
Subject to the foregoing in this Section, no term or condition other than those set forth in these Terms shall be binding on EveryPayJoy unless in writing signed by a duly authorized representative of each party. In the event of any inconsistency between these Terms and any content or information set forth on the Service (including in any online form contained on the Service), these Terms shall control. These Terms constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and communications, whether oral or written, between the parties relating to the subject matter hereof, and all past courses of dealing or industry custom. EveryPayJoy will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to these Terms (whether or not it would materially alter these Terms) that is proffered by Service Professional in any receipt, acceptance, confirmation, correspondence, or otherwise, unless EveryPayJoy specifically agrees to such provision in writing such writing is executed by an authorized agent of EveryPayJoy.
14. Governing Law; Dispute Resolution and Binding Arbitration.
Any controversy or claim arising out of or relating to the Service or these Terms, or breach thereof, including disputes with respect to whether the subject matter of any controversy or claim is within the scope of the Terms, will be governed by and construed in accordance with the laws of the State of Texas, excluding its choice of law rules and will be settled by binding confidential arbitration in Austin, Texas under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and administered by the AAA. The parties explicitly disclaim any applicability of the U.N. Convention on Contracts for the International Sale of Goods to these Terms. All arbitration proceedings will be conducted in English. Such arbitration will have one (1) neutral arbitrator if the amount in controversy is less than one million dollars ($1,000,000) or otherwise before a panel of three (3) neutral arbitrators. Each of the arbitrators must be i) a lawyer licensed to practice law in the United States with a minimum of fifteen (15) years of legal practice or senior level business experience or a retired judge with a minimum of five (5) years of service on the bench, ii) an individual with at least five (5) years of experience as an arbitrator, and iii) on the roster of neutrals of the AAA or similar nationally recognized alternative dispute resolution organization. If the arbitration proceedings shall be conducted before a panel of three neutral arbitrators, the panel shall be selected using the following process: Within fifteen (15) days after the commencement of arbitration, each party shall select one person meeting the specified qualifications to act as neutral arbitrator, and the two thus selected shall select a third neutral arbitrator meeting the specified qualifications within fifteen (15) days of their appointment. The third neutral arbitrator shall act as the chair of the arbitration panel. If the arbitrators selected by the parties are unable to or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA. Notwithstanding this arbitration provision, EveryPayJoy may seek emergency, temporary, or preliminary injunctive relief from a competent court of law or equity pending the final ruling of the arbitrator(s), without any requirement to post bond, to prevent irreparable harm arising from any unlawful acts by Service Professional. Neither party will participate in a class action or class-wide arbitration for any claims covered by these Terms. Any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. IF FOR ANY REASON AN ACTION, SUIT, CLAIM OR PROCEEDING PROCEEDS IN COURT RATHER THAN IN AN ARBITRATION, (I) SUCH ACTION, SUIT, CLAIM OR PROCEEDING SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICATION OF THE FEDERAL OR STATE COURTS, AS APPLICABLE, SITTING IN TRAVIS COUNTY, TEXAS AND EACH PARTY WAIVES ANY CLAIM OF INCONVENIENT FORUM, AND (II) EACH PARTY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, CLAIM OR PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING HEREUNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS OR THE SERVICE.
EveryPayJoy may provide Service Professional with notices by e-mail, regular mail or postings on the Service, and Service Professional agrees to electronic delivery of all such notices. If notice is provided by e-mail, notice will be deemed given twenty-four hours after e-mail is sent, unless EveryPayJoy is notified that the e-mail address is invalid. If notice is provided by posting through the Service, then notice will be deemed given upon such posting. Alternatively, EveryPayJoy may, at its discretion, give Service Professional legal notice by mail to a postal address, if provided by Service Professional through the Service. All notices to EveryPayJoy shall be sent to the following address: 11900 Jollyville Rd #200524, Austin, TX 78720. Except as otherwise specified expressly in these Terms, all notices to EveryPayJoy must be delivered by facsimile or nationally-recognized express delivery service and will be deemed given upon receipt. The waiver of any breach or default of these Terms will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. EveryPayJoy may utilize subcontractors or other third parties to perform its obligations related to these Terms or the Services so long as EveryPayJoy remains responsible for such obligations. Service Professional may not assign these Terms, nor its rights or obligations hereunder, by operation of law or otherwise, without EveryPayJoy' prior written consent. EveryPayJoy may assign these Terms, and any of its rights or obligations hereunder, without Service Professional's consent or notice to Service Professional. Any assignment in violation of the foregoing shall be null and void. Subject to the terms of this Section, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns. If any provision contained in these Terms is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original intention of the parties, and the remaining provisions of these Terms will remain in full force and effect.
Service Professional shall not publicly, in written or oral statements or materials, depict EveryPayJoy or the Service in a manner that could reasonably be perceived as negative, derogatory or detrimental to the brands, name, reputation or trademarks of EveryPayJoy or the Service; provided, however, that the foregoing shall not limit or preclude Service Professional's legal rights to make purely factual statements regarding EveryPayJoy or the Service, nor limit Service Professional's rights pursuant to Section 15.
17. Contact Us.
Any questions or concerns about these Terms, should be directed to firstname.lastname@example.org or by mail to: EveryPayJoy, 11900 Jollyville Rd #200524, Austin, TX 78720.