Effective November 22, 2013
Use of Website. This Website is intended for people at least 16 years of age, and if you are under 18 years old then you represent and warrant that you have permission from your parent or guardian to use the Website. If you access the Website from outside the United States, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access the Website.
Accounts. In order to be a Job Provider or Youthire you will be required to create a free account on the Website, which includes a profile page. In order for a Youthire to create an account, he or she must provide identification information (such as a driver’s license number), which must be shown to the Job Provider the first time the Youthire does work for that Job Provider. Job Providers will be asked to give us your name, address, email address, phone number and credit card number (in the event you decide to hire a Youthire). Youthires will be asked to give us your name, address, email address, phone number, date of birth, driver’s license (or other state-issued identification) number, and bank account number. Your bank account will only be used for the purpose of paying you for any work done via direct deposit. YA has the right, within its sole discretion, to terminate your account at any time and for any reason, including your violation of these Terms.
Payment for Services. All payments are made by Job Providers to YA. YA will then deduct its fee of 15% of the job price as agreed to between the Job Provider and Youthire, and direct deposit the remainder in the Youthire’s bank account. The final price shall be agreed to by the Job Provider and Youthire; YA is NOT involved in setting the price charged by the Youthire. You are responsible for, and assume all liability for, the proper classification of Youthires as either independent contractors or employees, depending on applicable laws and regulations.
Fees. YA charges a 15% fee for all services provided through the Website. YA will deduct this fee from the amount paid through the Job Provider’s credit card.
YA Involvement. The sole involvement of YA in any transaction between a Job Provider and Youthire is to provide access to the Website. All negotiations and pricing determinations are the responsibility of the Job Provider and Youthire. Furthermore, YA is not responsible for the quality of work done, the accuracy of any information posted on the Website by a Job Provider or Youthire, and may not moderate any user content submitted to the Website. YA is solely acting as an agent in bringing the Youthire and Job Provider together. YA does NOT represent any Youthire in any matter.
External Links. The Website may provide links to other websites that are not maintained or controlled by us (“Linked Sites”). The inclusion of any hyperlinks to Linked Sites does not imply our approval or endorsement of those Linked Sites, or content, products or services offered on those Linked Sites. We expressly disclaim any responsibility for the content, copyright compliance, accuracy of the information, and/or the quality of goods or services provided by or advertised on any Linked Sites, and in no event shall we be held responsible or directly or indirectly liable for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any Linked Sites.
i. is patently offensive and/or promotes racism, bigotry or hatred, or promotes violence against any group or individual, or
ii. harasses or advocates harassment of any group or individual, or
iii. involves the transmission of junk mail, chain letters, or spam, or
iv. is known to be false or misleading, or promotes illegal activities, or
v. promotes an illegal or unauthorized copy of another’s copyrighted work, or
vi. contains restricted or password-only access pages or hidden pages or images, or
vii. provides material that is sexual in nature, or
viii. provides instructional information about illegal activities, or
ix. solicits passwords or personal identifying information for commercial or unlawful purposes.
Disclaimer of Warranties. YOUTHIRE AMERICA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH THE WEBSITE, OR ANY SERVICES OR PRODUCTS RECEIVED THROUGH THE WEBSITE. ALL INFORMATION AND USE OF THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THE WEBSITE ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL COMPONENTS. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. YOU EXPRESSLY AGREE THAT YOU HAVE RELIED ON NO WARRANTIES, REPRESENTATIONS, OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY THE LAWS OF YOUR JURISDICTION.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, EVEN IF WE HAVE BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, YOUTHIRE AMERICA IS NOT RESPONSIBLE FOR ANY PERSONAL INJURY, ACCIDENTS, PROPERTY DAMAGE OR OTHER MATTERS THAT OCCUR DURING PERFORMANCE OF ANY JOB BY A YOUTHIRE.
Indemnification. You agree to indemnify and hold harmless Youthire America, its subsidiaries, affiliates, officers, agents, representatives, employees and other partners, from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website.
Dispute Resolution. To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. You must provide written notice to YA at ___P.O. Box 925 Glenwood Landing, NY 11547______________, with an email copy sent to firstname.lastname@example.org__________.
If you and YA are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Website (except those Disputes expressly excluded below) shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR JUDGE. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and YA may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The prevailing party will be entitled to reasonable attorney’s fees, as well as reimbursements for necessary costs related to the arbitration. All arbitration shall take place in Nassau County, New York.
EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Nassau County, New York with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party's intellectual property or proprietary rights.
WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You agree that any arbitration will be limited to the Dispute between YA and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUTHIRE AMERICA ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and YA otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
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