Cheaver.com Connects Customers and TaskMasters
Cheaver.com is a communications platform for enabling the connection between individuals seeking to obtain task services ("Customers") and/or individuals seeking to provide task services ("TaskMasters”). Customers and their TaskMaster together are hereinafter referred to as "Users." Those certain task services requested by the Customers, which are to be completed by the TaskMasters, are hereinafter referred to as “Tasks.”
Cheaver.com is Only a Venue
Cheaver.com is a communications platform for enabling connections between Users. Cheaver.com does not take part in the interaction between Users. Cheaver.com does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Tasks provided by Customers, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. Cheaver.com does not have control over the quality, timing or legality of Tasks delivered by its Cheaver TaskMasters. Cheaver.com makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and provided by Users identified through the Service whether in public, private, or offline interactions. Although Cheaver.com does perform background checks of Cheavers TaskMasters, as outlined in more detail below, Cheaver.com cannot confirm that each User is who they claim to be. Cheaver.com does not assume any responsibility for the accuracy or reliability of this information or any information on the Service.
Cheaver.com does check the backgrounds of TaskMasters, via a third party service called Quick Search. The information obtained by Cheaver.com will be used solely by it and will not be made available in any form to any User(s) for any purpose and will be considered confidential information to Cheaver.com. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. NEITHER CHEAVER.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. CHEAVER.COM AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.
Users of the Service contract for Tasks directly with other Users. Cheaver.com will not be a party to any contracts for Tasks or services. Cheaver.com facilitates these contracts by supplying a medium for the exchange of money. Credits can be pre-purchased by Customers in bulk, or the task payment (including the TaskMaster’s bid amount and the Cheaver Service Fee) will be charged to the customer and held by Cheaver until the Customer marks the task complete. At that point, the agreed upon bid amount will be transferred to the TaskMaster’s online account. (The Customer will have three (3) days before the Task is automatically marked complete in the system database and the TaskMaster is paid the agreed upon bid amount.) The bid amount must be paid through the Cheaver.com website. Any bid amount paid in cash outside of the Cheaver.com website are NOT subject to refunds. Any reimbursement of expenses that are incurred by a Cheaver in connection with the completion of a Task may, however, be paid in cash offline or through the Cheaver.com website.
Excluded Tasks. Cheaver.com should not be used for tasks relating to child (i.e. persons under the age of 18) or elder care, including without limitation daycare, child or adult watch care, assisted living, or similar services.
Cheaver.com is only a venue for connecting Users. Because Cheaver.com is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Cheaver.com (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Cheaver.com expressly disclaims any liability that may arise between Users of its Service.
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
- Use the Service for any purpose which is in violation of local, state, national, or international law.
- Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
- Advertise or offer to sell any goods or services for any commercial purpose on the Service which are not relevant to the services offered on the Service.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments.
- Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
- Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
- Restrict or inhibit any other User from using and enjoying the Public Areas.
- Imply or state that any statements you make are endorsed by Cheaver.com, without the prior written consent of Cheaver.com.
- Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index Cheaver.com in any manner.
- Hack or interfere with Cheaver.com, its servers or any connected networks.
- Adapt, alter, license, sublicense or translate Cheaver.com for your own personal or commercial use.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Cheaver.com.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
All submissions made to Public Areas will be public, and Cheaver.com will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Cheaver.com for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Cheaver.com has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Cheaver.com immediately.
Links to Other Web Sites
Links (such as hyperlinks) from Cheaver.com to other sites on the Web do not constitute the endorsement by Cheaver.com of those sites or their content. Such links are provided as an information service, for reference and convenience only. Cheaver.com does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the Cheaver.com Service as well as any advertisements displayed in connection therewith) does not mean that Cheaver.com endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
No Commercial Use or Solicitation
The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of Cheaver.com.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Task services facilitated through Cheaver.com without express written permission from Cheaver.com.
You may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of Cheaver.com.
"Your Information" is defined as any information and materials you provide to Cheaver.com or other Users in connection with your registration for and use of the Service, including without limitation that information posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to Cheaver.com that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Cheaver.com or cause Cheaver.com to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Solely to enable Cheaver.com to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Billing and Payment Policy
Customers are obligated to pay for the services of the Service, unless specifically notified otherwise. Customers can purchase credits in bulk, or at the time they select a TaskMaster to complete a task. Credits are then applied only to the TaskPayment and cannot be used in connection with the payment of any reimbursement costs, fees or expenses associated with a Task. The price structure of credits may change at any time without advance notification. For all purchases and payments for reimbursement costs, fees or expenses associated with a Task, Cheaver.com will charge your credit card according to the amount agreed upon between you and Cheaver.com for the use of the services of the Service, and you hereby authorize us to charge your credit card for such amounts. Cheaver.com retains the right, in its sole discretion, to place a hold on any payment for a completed Task transaction.
No refunds or credits will be provided once the Customer’s credit card has been charged. At Cheaver.com's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Cheaver.com.
While Cheaver.com will use commercially reasonable efforts to ensure the security of all credit cards 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 Cheaver.com harmless for any damages that may result therefrom. Cheaver.com will use third party services to process credit card information. For further information regarding that service, please contact Cheaver.com to request information about Cheaver.com's credit card processing providers.
You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on Cheaver.com’s income).
Employment and Withholding
Cheaver.com is not an employment service and does not serve as an employer of any User. As such, Cheaver.com will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if Cheaver.com is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to Cheaver.com an equivalent amount, including any interest or penalties thereon.
Termination and Suspension
Cheaver.com may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Without limitation, Cheaver.com may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of Cheaver.com posted on the Service from time to time, or if Cheaver.com otherwise finds that you have engaged in inappropriate and/or offensive behavior. If Cheaver.com terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, Cheaver.com reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Service is owned by Cheaver.com or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Cheaver.com owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without Cheaver.com's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Cheaver.com and/or the relevant right holder.
The service marks and trademarks of Cheaver.com, including without limitation Cheaver.com and the Cheaver.com logo are service marks owned by Cheaver.com. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Modifications to the Service
Cheaver.com reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. Cheaver.com will not be liable to any party for any modification or discontinuance of the Service.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Cheaver.com and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Cheaver.com in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Cheaver.com upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Cheaver.com’s trade secrets, confidential and proprietary information and all other information and data of Cheaver.com that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER CHEAVER.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
NEITHER CHEAVER.COM NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
NEITHER NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN TASKMASTERS.
NEITHER CHEAVER.COM NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
CHEAVER.COM AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD CHEAVER.COM, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY CHEAVER.COM OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.
UNDER NO CIRCUMSTANCES WILL CHEAVER.COM, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CHEAVER.COM OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO CHEAVER.COM DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
You hereby agree to indemnify, defend, and hold harmless Cheaver.com, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. Cheaver.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Cheaver.com.
Dispute Resolution and Governing Law
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and Cheaver.com 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 Cheaver.com. Cheaver.com’s address for such notices is Cheaver, Inc., 3201 Outlook Court, Fort Worth, Texas 76244.
Binding Arbitration. If you and Cheaver.com are unable to resolve a Dispute through informal negotiations, either you or Cheaver.com may elect to have the Dispute (except those Disputes expressly excluded below) 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 IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. 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). If such costs are determined by the arbitrator to be excessive, Cheaver.com will pay all arbitration fees and expenses. 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 Cheaver.com 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.
Exceptions to Alternative Dispute Resolution. You and Cheaver.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Cheaver.com’s intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Restrictions. You and Cheaver.com agree that any arbitration will be limited to the Dispute between Cheaver.com and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Location. Arbitration will take place at any reasonable location within the United States convenient for you. You and Cheaver.com agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the Texas state and those Federal Courts located in the Northern District of Texas and nearest to Fort Worth, Texas, have exclusive jurisdiction and you and Cheaver.com agree to submit to the personal jurisdiction of such courts.
Governing Law. Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Texas, without regard to choice of law principles.
Severability. You and Cheaver.com agree that if any portion of this section entitled “Dispute Resolution and Governing Law” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” is found to be illegal or unenforceable, neither you nor Cheaver.com will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Tarrant County, Texas, and you and Cheaver.com agree to submit to the personal jurisdiction of that court.
Cheaver.com may from time to time provide certain promotional opportunities to Customers and / or TaskMasters. All promotions will be run at the sole discretion of Cheaver, Inc., and can be activated, modified or removed at anytime by Cheaver.com without advance notification.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by Cheaver.com to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right, but will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and Cheaver.com with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of Cheaver.com, its successors and assigns.
Changes to this Agreement and the Service