JOBFORDRONES TERMS OF SERVICE (“AGREEMENT”)
This version of the Customer Agreement was implemented and became effective on October 1, 2016 (“Effective Date”). It applies from the later of that date and the date on which you accepted it through the Site.
JobForDrones is an online marketplace to allow you and other buyers (“Customers” or “Users”) of drone services to identify drone operators or Service Providers of drones (or unmanned aerial vehicles, also known as a UAV) (“Service Providers” and, together with you and other buyers or potential buyers, “Users”). On and through the Site, you and others may post jobs including open requests to invite bids or proposals from Service Providers for drone-related custom goods or services (“Requests for Bid”). Service Providers may post information about their skills and past projects in their profiles and submit bids or proposals in response to Requests for Bids. Once a bid or proposal is accepted, you and Service Providers can communicate with each other to form an agreement whereby a Service Provider will create and deliver a custom good or service (a “Job”) to you (a “Job Agreement”). JobForDrones makes no guaranty, representation, or assurance that a Job Agreement will be legally enforceable if challenged.
Prior to your entering into a given Job Agreement, JobForDrones shall have the right (but in no event any obligation) to reject any Job Agreement by notifying the parties thereto that they may not enter into the proposed Job Agreement
The Site is available only to legal entities or persons who are at least eighteen (18) years old and are otherwise capable of forming legally binding contracts under applicable law. If you are a person who agrees to this Agreement on behalf of a company or other legal entity, the terms “Customer,” “you,” and “your” refer both to you personally and the entity on whose behalf you agree. Furthermore, you personally represent and warrant that you have the authority to bind that entity to this Agreement.
JobForDrones shall at all times have the right, in its sole discretion, to suspend or cancel a User’s account or access to the Site, or to otherwise preclude a User from using the Site or the JobForDrones services, for any reason or no reason. If your account is suspended, restricted, or cancelled, you may not continue to use the JobForDrones service or Site under a different or new account.
You agree that when you accept a Job Proposal made to you by another User of the Site, you are agreeing and intending to enter into a binding legal agreement with that User. That binding agreement shall be between only you and that other User. JobForDrones shall not be a party to any agreement between you and another User. You understand and agree that JobForDrones does not deliver any goods or provide services for or on behalf of any User, does not ensure payment by any User, and does not make any representations regarding the quality of such goods or services, except as otherwise expressly set forth in this Agreement.
Customer acknowledges, agrees and understands that: (i) the Site is merely a venue for identifying service providers, and introducing and facilitating agreements between Users; (ii) JobForDrones is not a party to any Job Agreements between Users; (iii) no User, including you, is an employee, agent, or representative of JobForDrones; (iv) JobForDrones is not an employee, agent, or representative of any User, including you; (v) JobForDrones does not, in any way, supervise, direct, or control any User’s work; (vi) JobForDrones shall not have any liability or obligations under or related to Job Agreements or for any acts or omissions by any User; (vii) JobForDrones has no control over Users; and (viii) JobForDrones makes no representations as to (a) the reliability, capability, honesty, qualifications, licenses, certificates, exemptions or other characteristics of any User or any User’s statements or conduct; or (b) the quality, safety, or legality of any Job delivered by a Service Provider.
All content included in the Site, including but not limited to text, graphics, video, interfaces, logos, button icons, images, data compilations, software, and the compilation thereof is the property of JobForDrones or its content and software suppliers and is protected by United States and international laws. Unauthorized use of such intellectual property or information, or the Site, is prohibited. Except as expressly provided herein, JobForDrones does not grant any express or implied right or license of any kind to you concerning any patents, copyrights, trademarks, trade secrets, or other intellectual property rights.
Except as otherwise stated in this Agreement, you may not:
In addition, you agree:
JobForDrones may terminate your account if you infringe the copyright or other intellectual property rights of others.
As part of a transaction or Job Agreement, Customer may obtain personal information, including email address and shipping information, from a Service Provider. Without obtaining prior permission from the Service Provider, such personal information shall be used only to facilitate that transaction or Job Agreement.
JobForDrones has not granted Customer a license to use information or JobForDrones intellectual property for unsolicited commercial messages. Without limiting the foregoing, without express consent from the other User, Customer is not licensed to use any other User’s email or physical mailing address.
JobForDrones expects professionalism from all of its Users toward each other and reserves the right to expel or suspend any User at any time for any reason, in JobForDrones’ sole discretion.
When Customer accepts a proposal from another User that results in a Job Agreement, Customer agrees and intends that by doing so, Customer is entering into a binding agreement directly with that User, which Customer will honor. JobForDrones is not a party to any Job Agreement or other agreements between or among Users. Customer understands and agrees that the Service Provider with which Customer enters into a Job Agreement, not JobForDrones, will be the merchant of record for all transactions through the Site.
Customer shall not enter into any Job Agreement with terms that would cause Customer to violate any of the provisions of this Agreement.
Customer agrees to promptly deliver payment to the Service Provider in accordance with the terms of any Job Agreement unless the Service Provider fails to meet the material terms of the Job Agreement.
Customer agrees to use good judgment when posting information, comments, feedback or other content regarding other Users, JobForDrones, or any third party anywhere within the Site. User may be held legally responsible for damages suffered by other Users, JobForDrones or any third party as a result of legally actionable or defamatory comments, remarks or other information or content posted to the Site.
Customer shall not post to the Site or include in any communications with another User, information that is libelous, defamatory, obscene, abusive, pornographic, threatening, inaccurate, or an invasion of privacy; an infringement of another’s intellectual property rights, including, but not limited to, copyrights and trademarks; illegal in any way or that advocates illegal activity under any applicable law; an advertisement or solicitation of funds, goods, or services, other than for the purpose of conducting business with other Users pursuant to the purpose of the Site as stated in Section 2; an impersonation of another; or personal information of another, including but not limited to personal phone numbers, account numbers, personal addresses, or employer references.
Customer agrees that JobForDrones is not and shall not be legally responsible for any remarks, information, or other content posted or made available on the Site by any other User or third party, even if such information or content is defamatory or otherwise legally actionable. JobForDrones is not responsible for and does not monitor or censor content for accuracy. JobForDrones reserves the right, however, to remove or restrict access to any information or content posted or made available on the Site if ordered to do so by a court, if JobForDrones considers such information or content to be inappropriate, or for any other reason, in its sole discretion.
All identity information associated with the Customer and Customer’s account on the Site must be real and verifiable. Customer shall at all times ensure that the information associated with the Customer’s account is accurate and updated. JobForDrones may validate Customer information at any time. Customer shall reasonably cooperate with any such verification efforts, including but not limited to providing to JobForDrones upon request government or legal documents that confirm the Customer’s identity.
Customer is solely responsible for ensuring and maintaining the secrecy and security of Customer’s account information and password. Customer agrees not to disclose Customer’s password to, or allow the use of Customer’s account by, any third party. Customer agrees that Customer shall be solely responsible for any use of the Customer’s account or Customer’s password, whether or not Customer authorizes such use.
Customer authorizes JobForDrones to run credit card authorizations on any credit cards provided by Customer. Customer may terminate JobForDrones membership and disable the Customer’s account at any time. Customer shall, however, remain bound by the terms of this Agreement even if Customer disables Customer’s account.
All written communications relating to Jobs, transactions, or potential transactions between Customer and any other User must be conducted through the Site. All such communications must be in English and may not contain any requests to circumvent the Site.
Customer shall immediately notify JobForDrones if another User communicates in writing with Customer other than through the Site.
When engaged in communications concerning Jobs, transactions, or potential transactions with other Users, Customer shall regularly review and respond promptly to communications from such Users.
Job Requests must be of a professional nature and accurately describe the good or service requested. They should be free of offensive language or advertisements for other products or services. Job Requests may not request any good or service that is illegal or the provision of which would infringe upon any third party’s intellectual property or other rights.
Customer agrees that for all Jobs for which Customer is required to make payment to another User, all payments are to be made and accepted only through a payment mechanism provided or approved by JobForDrones (an “Approved Payment Mechanism”). Customer shall immediately notify JobForDrones if another User requests that Customer make a payment by any method other than an Approved Payment Mechanism.
Customer shall, at Customer’s own expense, take all steps necessary to enable Customer to make payments through at least one Approved Payment Mechanism, including but not limited to, as applicable, acquiring necessary computer equipment and software, establishing an account with a third-party payment processor, and providing credit card and bank account information.
To the extent an Approved Payment Mechanism involves the use of a JobForDrones-approved third-party payment processor (“Payment Processor”), JobForDrones may make available, for the convenience of Users, the ability to communicate with and make payments using the Payment Processor through Site. Customer understands and agrees to the following with respect to any Approved Payment Mechanism, whether or not it involves a Payment Processor, and whether or not JobForDrones provides a User with the ability to access or use a Payment Processor’s services through the Site: (a) JobForDrones does not oversee or control the receipt or transfer of payments; (b) JobForDrones shall have no responsibility or liability for any losses or damages relating to or arising out of the receipt or transmission of payments, including but not limited to losses or damages from misdirected or lost payments, breaches of security, chargebacks, fraud, theft of funds, violations of banking, money-laundering, privacy, or any other laws relating to or arising out of the use of an Approved Payment Mechanism; (c) Customer shall comply with all terms and conditions imposed by any Payment Processor; (d) Customer shall be responsible for and shall pay any fees charged to Customer by a Payment Processor, credit card network, bank, or other financial institution, or otherwise imposed on Customer as a result of payments made or received through an Approved Payment Mechanism; and (e) Customer consents to JobForDrones or the Payment Processor deducting from any payment made by Customer, and paying to JobForDrones, amounts that are due from Customer to JobForDrones, or delaying the transfer of funds when amounts are due from Service Provider, whether such amounts are the result of the Job for which the payment is received or otherwise. Nothing herein is intended to limit any rights you may have against a Payment Processor.
Customer understands and agrees that JobForDrones charges a transaction-based fee for JobForDrones’ services and technology provided through the Site and otherwise (the “Service Fee”). The Service Fee is charged to any Service Provider with which Customer enters into a Job Agreement. For each Job Agreement, the JobForDrones Service Fee is 10% of the total price billed for the Job, excluding taxes and shipping or delivery costs.
For each Job, the Service Fee shall be due immediately upon completion of the job.
JobForDrones shall have the right to collect the JobForDrones Service Fee directly from the funds that Customer provides to the Service Provider through an Approved Payment Mechanism.
Unless JobForDrones states in writing otherwise, all Service Fees are final and nonrefundable.
If Customer becomes responsible under this Agreement to make any payments to JobForDrones and fails to pay such amounts when due, Customer shall be responsible to JobForDrones for all amounts due, plus any applicable processing fees, charges or penalties, collection costs (including but not limited to attorneys’ fees), and interest on the unpaid amount at the lesser of one and one-half percent (1.5%) per month or the maximum allowed by law. In its discretion, and without limiting its other available remedies, JobForDrones may setoff amounts due from Customer against amounts received from or held for Customer, and may make appropriate reports to credit reporting agencies.
Without limiting the generality of the foregoing or the availability of other remedies, in the event that Customer fails to make any payment to JobForDrones when due, Customer consents to (a) JobForDrones directing any Payment Processor to withhold payments, or any portion thereof, otherwise due to Customer, and to pay withheld amounts to JobForDrones to setoff, in whole or in part, amounts owed to JobForDrones; (b) Payment Processor complying with such direction; and (c) JobForDrones or Payment Processor charging any Customer credit cards, bank accounts, or other payment methods or sources available to JobForDrones amounts due from Customer.
JobForDrones provides its review and reputation management system as a service to Customer and other Users, through which Users can express their opinions and experiences publicly about other Users. JobForDrones does not monitor or censor these statements, or investigate any remarks posted by Users for accuracy. Customer acknowledges and agrees that the Site may contain publicly available comments and feedback about Customer from other Users with whom Customer has transacted or interacted through and in connection with the Site. Customer acknowledges that feedback results for Customer may consist of comments and ratings left by other Users that are or that Customer perceives as negative. Customer acknowledges and agrees that in no event shall JobForDrones be responsible or liable for, and Customer releases JobForDrones and holds JobForDrones harmless from, any claims that Customer might have as a result of any other User’s comments or feedback about Customer, or any scores, numbers, ratings or other data or information derived from User comments or feedback, even if that information is defamatory or otherwise legally actionable.
Customer understands and agrees that Customer may be held legally responsible to other Users, JobForDrones, or third parties as a result of comments or feedback that Customer submits to the Site. Any effort to falsify feedback, or to manipulate or coerce another User by threatening negative feedback or offering to sell or buy goods or services in exchange for feedback is in violation of this Agreement, and may expose Customer to liability. Other actions that constitute an abuse of the reputation management system and a violation of this Agreement include, but are not limited to, submitting to the feedback system links, profanity, or inappropriate content, and contacting Users to provide direct feedback about other Users with whom Customer has interacted, whether or not that feedback is negative.
JobForDrones shall at all times have the right, in its sole discretion, to maintain, modify, or delete statements, feedback, comments, or ratings, although shall have no obligation to do so.
JobForDrones shall at all times have the right, in its sole discretion, to determine how search algorithms through the Site will function, including but not limited to determining the manner in which Service Providers and Service Providers’ portfolios rank and are listed in response to User searches, and which Job Requests Service Providers are able to view or respond to.
Customer agrees that by entering into this Agreement, Customer, for Customer and Customer’s predecessors, successors, and assigns (together, the “Customer Releasors”), releases and forever discharges JobForDrones and its predecessors, successors, assigns, agents, officers, directors, employees subsidiaries, parents, affiliates, attorneys, contractors, and suppliers (together, the “JobForDrones Releasees”) from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Customer Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, excluding the right of Customer to enforce this Agreement according to its terms.
In addition, without limiting the generality of the foregoing, Customer, for the Customer Releasors, specifically releases and forever discharges the JobForDrones Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether now known or unknown, liquidated or unliquidated, that any of the Customer Releasors has, may have, has asserted, or could have asserted, of any nature arising out of or in any way connected with any disputes Customer may have with any other User of the Site.
In addition, Customer agrees that each time it logs into or uses the Site, Customer thereby reaffirms and restates the releases in the previous two paragraphs, such that Customer is, upon each log in or use, on behalf of the Customer Releasors, releasing and forever discharging the JobForDrones Releasees from and against all actions, causes of action, claims, suits, debts, damages, judgments, liabilities, rights, contracts, obligations, and demands, whether known or unknown, liquidated or unliquidated, that any of the Customer Releasors has, may have, has asserted, or could have asserted, of any nature and relating to any subject, through the date of such log in or use, excluding the right of Customer to enforce this Agreement according to its terms.
Customer agrees to be solely responsible for Customer’s conduct and activities on and regarding the Site and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that Customer submits, posts, or displays on or in connection with the Site (together, “Content”). Customer will not: (i) post false, inaccurate, misleading, obscene, or defamatory content; (ii) falsely state or otherwise misrepresent Customer’s affiliation with any person or entity, through for example, the use of similar email addresses or names, or the creation of false account(s); (iii) infringe upon or misappropriate any person’s or entity’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; (iv) transmit any code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (v) modify, adapt or hack the Site or falsely imply that any other website is associated with JobForDrones; or (vi) purport to create any liability for JobForDrones to any third party or cause JobForDrones to lose (in whole or in part) the services of JobForDrones’ ISPs or other suppliers.
JobForDrones does not claim any ownership rights in Customer’s Content. When Customer posts Content to the Site, Customer grants JobForDrones a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) license to exercise any and all copyright, trademark, other intellectual property, publicity, and database rights that Customer has in the Content, in any media known now or in the future. Customer agrees to allow JobForDrones to store or re-format the Content on the Site and display the Content in any way JobForDrones chooses in its sole discretion.
JOBFORDRONES MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WITH REGARD TO JOBFORDRONES’ SERVICES, WORK PRODUCTS, JOBFORDRONES RESOURCES, THE SITE, ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT, OR BUSINESS CONDUCTED OR PURCHASES MADE WITH THE ASSISTANCE OF JOBFORDRONES, ALL OF WHICH ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, JOBFORDRONES DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, CUSTOMER AGREES THAT NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY USER FROM JOBFORDRONES SHALL CREATE ANY WARRANTY OF ANY KIND NOT EXPRESSLY MADE HEREIN.
JOBFORDRONES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING OTHER USERS OR THEIR WORK, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES CONCERNING THE SAFETY OF PROJECTS OR USERS’ CAPABILITIES, HONESTY, RELIABILITY, TRUSTWORTHINESS, OR ABILITIES TO PAY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JOBFORDRONES DOES NOT WARRANT OR REPRESENT THAT YOUR USE OF THE SITE OR INTERACTIONS WITH OTHER USERS, OR PROJECTS WILL BE SAFE. YOU UNDERSTAND AND AGREE THAT JOBFORDRONES DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES TO, OR VIRUSES OR OTHER MALWARE THAT MAY INFECT, YOUR EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE. YOU FURTHER UNDERSTAND AND AGREE THAT JOBFORDRONES DOES NOT ASSUME AND EXPRESSLY DISCLAIMS, ANY RESPONSIBILITIY OR LIABILITY FOR ANY DAMAGE OR HARM THAT ANY PROJECT CAUSES TO ANY PROPERTY OR PERSON.
IN NO EVENT SHALL JOBFORDRONES, OR ITS SUBSIDIARIES, PARENTS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO JOBFORDRONES’ SERVICES, YOUR USE OF JOBFORDRONES’ SERVICES OR THE SITE, THE CONDUCT OF ANY USER (WHETHER TORTIOUS OR OTHERWISE) IN CONNECTION WITH THE USE OF THE SITE BY YOU OR ANY OTHER USER, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, OR EMOTIONAL DISTRESS. NOTHING IN THIS PARAGRAPH IS INTENDED TO ELIMINATE THE RIGHTS EXPRESSLY GIVEN TO YOU BY.
TO THE EXTENT JOBFORDRONES IS EVER DETERMINED TO BE LIABLE TO YOU NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT JOBFORDRONES’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF JOBFORDRONES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONSULTANTS, CONTRACTORS, OR SUPPLIERS, SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF PROJECT FEES PAID BY YOU, OR BY SERVICE PROVIDERS AS A RESULT OF COMPLETED PROJECTS THAT YOU PURCHASED, TO JOBFORDRONES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.
THESE LIMITATIONS SHALL APPLY TO ANY LIABILITY ARISING FROM ANY CAUSE OF ACTION WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF JOBFORDRONES IS ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, AND EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL JOBFORDRONES BE LIABLE TO YOU, AND YOU WAIVE ANY RIGHT TO SEEK FROM JOBFORDRONES, CONSEQUENTIAL OR SPECIAL DAMAGES.
Customer agrees to indemnify and hold JobForDrones and JobForDrones’ parents, subsidiaries, affiliates, officers, directors, consultants, suppliers, contractors, agents and employees harmless from any loss, expense, and damage, including but not limited to reasonable attorneys’ fees, arising out of or relating in any way to any claim or demand made, asserted, or threatened by any other person or entity and that arises out of or relates to Customer’s conduct or failure to act, Customer’s use of JobForDrones’ services, or Customer’s use of the Site, including but not limited to claims or demands relating to Customer’s breach of this Agreement, failure to pay for a Job in accordance with a Job Agreement, violation or alleged violation of others’ intellectual property rights, violation or alleged violation of any other rights of another, and violation or alleged violation of any law or regulation.
JobForDrones may, in its sole discretion, remove, cease operating, change the functionality of, or otherwise modify its services and the Site at any time.
JobForDrones does not guarantee continuous, uninterrupted, ongoing access to the Site or any of the Site’s features, and operation of the Site may be interfered with or eliminated entirely by numerous factors outside JobForDrones’ control or at JobForDrones’ sole discretion.
Customer agrees to comply with all applicable domestic and international laws when using and in relation to JobForDrones’ Service or the Site.
Customer understands and agrees that Customer and JobForDrones are independent entities, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement, or by the operation of the JobForDrones Service or the Site.
Customer further understands and agrees that JobForDrones is independent from all other Users, and that no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between JobForDrones and any other User by virtue of any other User’s agreements with JobForDrones, or by the operation of the JobForDrones Service or the Site.
This Agreement shall be interpreted and governed by the internal laws of the New Hampshire, without regard to conflict of laws principles.
ALL DISPUTES CONCERNING OR ARISING OUT OF THIS AGREEMENT, INCLUDING WHETHER A DISPUTE IS SUBJECT TO ARBITRATION, SHALL BE RESOLVED BY BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR AND ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), USING THE THEN-CURRENT APPLICABLE AAA RULES. THE LOCATION OF THE ARBITRATION SHALL BE THE AAA OFFICE IN BOSTON, MA OR ANOTHER LOCATION IN MASSACHUSETTS OR NEW HAMPSHIRE CHOSEN BY THE AAA OR THE ARBITRATOR.
THE FEDERAL ARBITRATION ACT, AS IN EFFECT AT THE TIME OF ANY ARBITRATION DEMAND, SHALL APPLY TO ANY ARBITRATION PURSUANT TO THIS AGREEMENT.
THE PARTIES SHALL EACH BEAR THEIR OWN EXPENSES RELATED TO ANY ARBITRATION. THE COSTS OF THE ARBITRATION TRIBUNAL, INCLUDING THE ARBITRATOR’S AND THE AAA’S FEES, SHALL BE SHARED EQUALLY BETWEEN THE PARTIES, REGARDLESS OF WHICH PARTY PREVAILS. EACH PARTY TO THE ARBITRATION SHALL BEAR ITS OWN LEGAL FEES, REGARDLESS OF WHICH PARTY PREVAILS. THE ARBITRATOR SHALL NOT AWARD ANY MULTIPLE OR PUNITIVE DAMAGES, REGARDLESS OF WHICH PARTY PREVAILS. NOTWITHSTANDING ANYTHING TO THE CONTRARY PERMITTED BY THE APPLICABLE RULES OF THE AAA, ANY ARBITRATION PURSUANT TO THIS AGREEMENT SHALL INVOLVE CUSTOMER AND JOBFORDRONES ONLY IN THEIR INDIVIDUAL CAPACITIES, SHALL NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATIONS, AND SHALL NOT BE ARBITRATED AS A CLASS OR OTHER FORM OF REPRESENTATIVE ACTION. CUSTOMER AGREES NOT TO PARTICIPATE IN ANY ARBITRATION RELATED TO OR ARISING FROM THIS AGREEMENT AS A CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
ANY ACTION TO CONFIRM AN ARBITRATION AWARD PURSUANT TO THIS AGREEMENT SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION WITHIN MASSACHUSETTS OR NEW HAMPSHIRE. JOBFORDRONES AND CUSTOMER AGREE TO SUBMIT TO THE JURISDICTION OF ANY SUCH COURT, WAIVING ANY OBJECTION BASED ON PERSONAL JURISDICTION OR VENUE.
AT LEAST FORTY-FIVE (45) DAYS PRIOR TO EITHER PARTY INITIATING ANY ARBITRATION PURSUANT TO THIS AGREEMENT, THAT PARTY SHALL SEND TO THE OTHER PARTY A WRITTEN DEMAND DESCRIBING THE NATURE OF THE DISPUTE AND SETTING FORTH A PROPOSED RESOLUTION. THE PARTIES SHALL THEN ATTEMPT TO NEGOTIATE IN GOOD FAITH TO RESOLVE THE DISPUTE.
You understand and agree that JobForDrones disclaims all responsibility and liability for, and you shall not seek to hold JobForDrones liable for, the quality, content, nature, or reliability of other sites accessible by hyperlink from the Site, of sites linking to the Site, or of sites framing the Site (together, “Linked Sites”). Linked Sites are not under the control of JobForDrones, and JobForDrones shall have no responsibility for the content of any Linked Site or any link contained in a Linked Site. The inclusion of any link on the Site does not imply any affiliation, endorsement, or adoption by JobForDrones of a Linked Site or any information contained therein.
When leaving the Site for another site, you should be aware that this Agreement may not govern your use of the other site, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that other site.
Customer consents to receive communications from JobForDrones electronically, by email, posting on the Site, or messages to Customer through the Site. Customer agrees that all notices, communications, deliveries, or process shall be deemed delivered to and served on Customer upon emailing, posting, or sending through the Site, regardless of whether such notices, communications, deliveries, or process actually reach or are read by Customer. Customer waives any formal service or hard-copy delivery rights with respect to any communication, notices, deliveries or process arising out of or relating to the JobForDrones Service or the Site.
The Site is not directed at or intended for use by any person located in any jurisdiction where the Site’s content or functionality is illegal or permitted only with necessary licenses or authorizations that JobForDrones has not obtained. You agree not to access or use the site in any such location and that you are responsible for determining whether use of the Site is permitted in your location.
JobForDrones may modify the Agreement at any time, in its sole discretion, by posting an amended Agreement on the Site. Unless otherwise indicated on the Site, any modifications shall be effective immediately. You agree that any such modifications shall be effective and that your continued use of the Site or the JobForDrones Services after any modification will be governed by this Agreement as modified. JobForDrones may, but in no event shall it be required to, provide you notice of any modification by email or other form of communication. Except modifications that JobForDrones makes pursuant to this Section, or as otherwise agreed between you and JobForDrones in a writing signed by both you and JobForDrones, no other modifications to this Agreement shall be permitted. JobForDrones may terminate the Agreement at any time, in its sole discretion, by providing you notice of termination or by ceasing to operate the Site.
In the event that this Agreement is terminated, the following Sections shall survive any such termination and remain in effect: 5 (Limited License and Restrictions on Use), 6 (General Service Provider Performance), 7 (Communications with Users), 9 (Payments), 11 (Failure to Pay), 12 (Review and Reputation Management), 13 (Release), 14 (Customer and Service Provider Conduct and Content), 15 (License to JobForDrones), 16 (Warranty Disclaimer), 17 (Limitation of Liability), 18 (Indemnity), 20 (Legal Compliance), 21 (No Agency), 23 (Arbitration Agreement), 25 (Electronic Communications).