Terms of Use
The
content and services made available to you on this
site are provided by MCJ Enterprises, LLC d/b/a
Side Job Connections (“Side Job Connections”)
in accordance with the following terms and conditions
of use and Privacy
Policy (together, the “Agreement”).
Please
read these terms and conditions of use carefully
before using this website. In this
agreement, "you" or "your" means
any person or entity using the service, as the
context requires. Your authorized use of
the Side Job Connections website, having a “home
page” located at www.sidejobconnections.com,
is expressly conditioned upon your acceptance of
the Agreement without modification. By using
this website, you signify your assent to the Agreement
without modification. If you do not agree
with any part of the Agreement, you must not use
this website.
1. DEFINITIONS.
A. The
term “Member(s),” as
used herein, refers to any individual or business
entity that visits or uses the Website, is
registered with sidejobconnections.com, publishes
or posts any materials within the Website such
as Proposals, bids on Proposals, advertisements
or articles of any kind, and/or acts in the capacity
of a Customer and/or Contractor.
B. The
term “Proposal(s),” as
used herein, refers to an assignment or job that
a Customer would like to have a Contractor perform. Depending
on the context, the term “Proposal(s)” may
also refer to a written description of such assignment
or job that is published within the Website by
such Customer.
C. The
term “Customer(s),” as
used herein, refers to any individual or business
entity that posts a Proposal within the Website
or otherwise requests (or receives), whether
directly or indirectly, any services of any Contractor
through the Website.
D. The
term “Contractor(s),” as
used herein, refers to any individual or business
entity that submits bids for Proposals or otherwise
renders any type of service through the Website,
whether directly or indirectly, in connection
with any Project.
E. The
term “Project(s),” as
used herein, refers to the contractual arrangement
that is created between a Contractor and Customer,
whereby a Contractor performs a Proposal for
a Customer in exchange for a fee that is paid
by said Customer.
F. The
term “Website,” as
used herein, refers to the website having a home
page located at www.sidejobconnections.com,
including all sub-domains thereof.
2. THE
WEBSITE.
A. As
more fully set forth below, Side Job Connections
is an internet-portal through which Customers
and Contractors are brought together for the
purpose of doing business and consummating Projects
between such parties. The Side Job Connections Website
offers Customers the ability to post Proposals
on the Website, where such Proposals require skilled
or unskilled labor to perform a variety of home-based
projects of all kinds, such as home-improvement,
home-maintenance and other home-based projects (e.g.,
electrical, carpentry, house cleaning, interior
design, window treatment, flooring, landscaping,
lawn care, heating & cooling, plumbing,
handyman, painting, roofing/chimney, remodeling/renovation,
automotive, and real estate/moving-related projects),
event planning, pet services, and the like. The
Website also offers Contractors the ability to
review, bid for, and offer to perform such Proposals
posted on the Website as Projects, to be paid for
by Customers. The decision to engage a Contractor
and/or to consider, bid on, accept and perform
a Proposal or Project that is posted by a Customer
is at the Member’s sole and exclusive discretion
and each Member hereby accepts all risks associated
therewith. For the avoidance of doubt, all Members
shall carefully review, assess and validate each
Proposal, bid for a Proposal, Contractor, Customer,
and the credentials of any Contractor or Customer
before consummating a Project with any other Member. You
may want to consult with appropriate expert advisers
to assist in your home improvements, including
a lawyer regarding contracts, permits, and other
necessary job documentation and an insurance professional
regarding the Contractor's and your own insurance
coverage requirements. Side Job Connections,
including the owners, officers, members, employees,
contractors, directors, affiliates, and agents
thereof, shall not at any time be considered
a party to any Proposal or Project that is consummated
using, within, or as a result of posting on the
Website.
B. For
the avoidance of doubt, and without limiting the
foregoing, you (the Member) acknowledge and agree
to the following:
(i).When
you represent yourself as or act in the capacity
of a Customer, you hereby agree and acknowledge
(a) that any damages or injury that you incur,
whether personally, financially, and/or to
any property (including without limitation
any damage to property caused by fire, structural
defects, faulty construction, water damage,
and the like), in connection with the provision
of any services by any Contractor, whether
in connection with a Proposal, Project or otherwise,
shall not involve, implicate or be recoverable
(in whole or in part) against Side Job Connections,
but rather would be recoverable only against
the responsible Contractor; (b) that any dispute
arising between you and any Contractor relating
to the payment of any amounts arising from
a Project must be addressed, litigated, resolved,
and/or settled between you and such Contractor
and, furthermore, will not involve or implicate
Side Job Connections in any way; (c) that any
dispute arising between you and any Contractor
relating to the workmanship, quality, timeliness,
completion, or amendments to any work product,
such as but not limited to any home improvements,
arising from a Project or Proposal must be
addressed, litigated, resolved, and/or settled
between you and such Contractor and,
furthermore, will not involve or implicate
Side Job Connections in any way; (d) that any
unlawful, unethical, or unwanted action taken
by any Contractor, including without limitation
any theft, destruction, assault, harassment,
or vandalism of any kind in connection with
any Proposal or Project is not the responsibility
of Side Job Connections and that your sole
remedy would be against such Contractor; (e)
that any damages arising from and/or disputes
regarding unlicensed, unbonded, and/or uninsured
labor provided by any Contractor are not the
fault and/or responsibility of Side Job Connections
in any way; and (f) that any damages arising
from and/or inconvenience caused by any unavailability
of any Contractor, regardless of whether such
unavailability occurs before or after the consummation
of a Project or performance of a Proposal,
are not the fault and/or responsibility of
Side Job Connections in any way.
(ii)When
you represent yourself as or act in the capacity
of a Contractor, you hereby agree and acknowledge
(a) that you possess all licenses, designations
and certifications and will obtain all necessary
permits and meet any other applicable requirements
under applicable federal, state, local and
municipal laws, codes and regulations for the
performance of the contemplated services; (b)
that any dispute arising between you and any
Customer relating to the payment of any amounts
arising from a Project or Proposal must be
addressed, litigated, resolved, and/or settled
between you and such Customer and, furthermore,
will not involve or implicate Side Job Connections
in any way; (c) that any dispute arising between
you and any Customer relating to the workmanship,
quality, timeliness, completion, or amendments
to any work product, such as but not limited
to any home improvements, arising from a Project
or Proposal must be addressed, litigated, resolved,
and/or settled between you and such Customer
and, furthermore, will not involve or implicate
Side Job Connections in any way; (d) that you
will timely and fully pay any and all invoices
in connection with all Projects and all amounts
owed to Side Job Connections; (e) that any
damages or injury you or any contractor, employee, or agent that
you may engage sustain, whether personally, financially
and/or to any property, in connection with performing
a Proposal or Project or otherwise shall not involve,
implicate, or be recoverable (in whole or in part)
against Side Job Connections; and (f) you hereby
warrant, represent and agree to carry sufficient
workers compensation insurance, if applicable,
and other reasonable and customary insurance to
fully compensate you, or any contractor, employee,
or agent that you may engage, for any injury that
is sustained in performing any Proposal and/or
to fully compensate a Customer for any damage to
any property that you may cause, whether directly,
indirectly, or with or without fault, to such Customer’s
property in connection with the performance
of a Proposal/Project.
3. INTELLECTUAL
PROPERTY POLICY.
A. This
Website and each of its parts, including the
Content (defined below), is the property of Side
Job Connections, and/or its Members, affiliates,
licensors, providers, distributors and/or various
third party vendors. None
of the Content found on this Website may be copied,
reproduced, republished, uploaded, posted, distributed,
sold, transferred, or modified without the express
written permission of Side Job Connections and/or
its Members, affiliates, licensors, providers,
distributors or third party vendors, as applicable,
except as and to the extent expressly provided
below. In addition, the trademarks, trade
names, logos and service marks displayed on this
Website (collectively, the “Trademarks”)
are registered or common law Trademarks of Side
Job Connections, its Members, customers, affiliates,
licensors, providers, distributors, advertisers
or other third parties, as the case may be. You
agree and acknowledge that the methods, business
models, logic, functionality, purpose, and design
of the Website (the “Website Components”)
are the sole and exclusive property of Side Job
Connections. Nothing contained on this
Website should be construed as granting, by implication,
estoppel, or otherwise, any license or right
to use any of the Trademarks or the Website Components
without the written permission of Side Job Connections
or the respective owner of the Trademarks, as
the case may be.
B. You
hereby acknowledge and agree that Side Job Connections
may have entered into certain contractual arrangements
with Contractors, whereby such Contractors have
agreed to solicit, bid for, and consummate Proposals
and Projects via the internet solely and exclusively
through the Website. You hereby acknowledge
and agree that any communications with any such
Contractors that are intended to induce such
Contractors to terminate any sort of relationship
with Side Job Connections, or otherwise reduce
the amount of bids for Proposals that such Contractors
would otherwise submit, may constitute an actionable
interference with the business relationship between
any such Contractors and Side Job Connections.
C. By
using this Website, you will have access to certain
information and other content made available
on or through this Website, including without
limitation know-how, design information, work-flow
information, merchandise, products, designs,
illustrations, photographs, graphics, articles,
text, video and audio, advertisements, promotions,
domain names, all other copyrightable material
and all other forms of intellectual property
and other information (together with the Trademarks
and the Website Components, the “Content”). You agree not
to emulate, copy, exploit or reverse engineer any
of such Content for any purpose whatsoever. Side
Job Connections grants to you a non-exclusive,
limited purpose license to access and view this
Website, and to print selected pages that appear
on this Website for your own personal reference
and non-commercial use, but not to otherwise
use the Content in any manner not expressly authorized
in this Agreement.
D. Any
unauthorized use of any Content contained on
this Website, including its reproduction, modification,
distribution, posting, uploading, downloading,
transmission, duplication or republication is
strictly prohibited and may violate copyright
laws, trademark laws, patent laws, the laws of
privacy and publicity, and/or other applicable
communications regulations and statutes. The use of such Content on
any other website or in any environment of networked
computers is strictly prohibited, and you further
agree not to misappropriate any of the Content
in any way that violates any intellectual property
right of Side Job Connections or its Members, advertisers
or licensors in any way. Furthermore, the
terms and conditions of Side Job Connections’ Privacy
Policy are hereby incorporated by reference
in their entirety.
E. Side
Job Connections does not (i) recommend or endorse
any specific Contractor; (ii) provide advice
on which Contractor to select; or (iii) screen
any individual Contractor's personal credit or
legal standing. Side Job Connections relies on
electronic data provided by third parties and
on statements made by Contractors and their references
to determine which Contractors to include in
the Website. Due to the inherent time delay in
the data gathering process, pending actions or
other issues affecting a Contractor’s record
may have occurred which were not captured by
the third party data sources used by Side Job
Connections. Side Job Connections does not guarantee
that any Contractor has insurance coverage at
the time you enter into an agreement with the
Contractor and makes no representation as to
the adequacy of any insurance coverage (including
amount, breadth, or type). Unless otherwise specifically
stated, Side Job Connections does not endorse
any product or service described in, offered
on, or linked to any other websites available
through the Website.
4.USE
OF THIS WEBSITE.
A. This
Website may be used only for lawful purposes. Transmission
of any material in violation of any local, state,
federal or export control law or regulation is
prohibited. This includes, without limitation,
material protected by copyright, patent, trademark,
trade secret or other intellectual property right
used without proper authorization.
B. Side
Job Connections does not accept responsibility
for the Content or other information posted or
published by others in this Website, including
by any Member, or by any of Side Job Connections’ licensors,
affiliates, providers, distributors or other
third party vendors, or which is accessible through
the Website, and Side Job Connections does not
accept responsibility for the violation of any
laws resulting from such posting, publication
or distribution.
C. Any
interference with the use and/or enjoyment of
this Website or any of the services offered herein
is prohibited and shall be deemed a violation
of this Agreement. Violations of system or network
security are also prohibited, and may result in
criminal and civil liability. Additionally,
Side Job Connections may, in its sole discretion,
investigate incidents involving such violations
and may involve and will cooperate with law enforcement
if a criminal violation is suspected. Examples
of system or network security violations include,
without limitation, the following:
- Unauthorized access to or use of data, systems
or networks, including any attempt to probe,
scan or test the vulnerability of a system
or network or to breach security or authentication
measures without express authorization of the
owner of the system or network.
- Unauthorized monitoring of data or traffic
on any network or system without express authorization
of the owner of the system or network.
- Interference with service to any user, host
or network including without limitation mail
bombing, flooding, deliberate attempts to overload
a system and broadcast attacks.
- Distribution of viruses, worms, Trojan horses
and other destructive code or activities.
- Forging of any TCP-IP packet header or any
part of the header information in an e-mail
or a newsgroup posting.
- Other activities, whether lawful or unlawful,
that Side Job Connections determines to be
harmful to its Members, customers, affiliates,
licensors, operations, service providers, reputation
or otherwise, including any activities that
restrict or inhibit any other user from using
and enjoying the Website.
D. Unless
otherwise expressly authorized by Side Job Connections,
using this Website and/or the information contain
herein to send unsolicited, commercial mass e-mail
messages (i.e., spam), including, without limitation,
commercial advertising and informational announcements,
is expressly prohibited.
E. Side
Job Connections does not review or censor Content,
including Proposals or other information which
is accessible on the Website or other websites
which may be accessed from the Website. If
Side Job Connections becomes aware that a user
of this Website is in violation of this Agreement
or applicable law, Side Job Connections can suspend
or terminate such user’s access to this Website
without notice. Furthermore, Side Job Connections
can delete and remove any information or material
that is or may be published within the Website,
whether in connection with a Proposal description,
a bid for a Proposal or otherwise, if Side Job
Connections believes, in its sole discretion,
that such information or material may violate
the terms and conditions of this Agreement or
applicable law.
F. If
you are a Member, you represent and warrant as
follows: (i) neither your Proposal nor your bid
for a Proposal, as the case may be (collectively, “Your
Material”), violates any local, state,
or federal law, rule, or regulation, including
any labor regulations, laws of decency, laws
related to the use, sale, offer for sale, or
trafficking of illegal substances, or any other
law or regulation of any kind; (ii) neither Your
Material nor the use, posting or publication
thereof will violate the rights to privacy or
publicity of any person or constitute a defamation
against any person, or in any other way violate
the rights of any person whomsoever; (iii) you
own all rights to Your Material free and clear
of (a) any liens, encumbrances and other third
party interests, and (b) any claims or litigation,
whether pending or threatened; (iv) neither Your
Material nor any element thereof (a) is pornographic,
obscene, offensive to community standards, discriminatory
or promotes violence, or (b) contains false advertising,
hate speech or viruses, Trojan horses, worms,
time bombs, cancelbots, or other harmful code
or programming language; (v) you have full right,
power and authority to make and perform your
obligations under this Agreement without the
consent of any third party; and (vi) you shall
defend, indemnify and hold Side Job Connections,
its licensees and assigns, and its members, managers,
directors, officers, employees, and agents harmless from
all claims, liabilities, damages, costs and reasonable
legal fees and expenses arising from any breach
or alleged breach by you of any representation,
warranty or agreement hereunder and/or your tortious
conduct.
G. You
further agree to comply with the following terms,
conditions, policies and guidelines when using
this Website, as applicable:
Customers -
(i)
You agree not to post, publish, or list a Proposal within the Website unless
you have a bona fide intent to engage a Contractor.
(ii)
You agree not to post, publish, or list a Proposal
for mere informational purposes or otherwise with
no legitimate intent of awarding the Proposal to
a Contractor.
(iii)
If you award a Proposal to a Contractor, you agree
to promptly communicate with such Contractor to
coordinate having the Proposal/Project performed.
Contractors -
(i)
You agree not to post, publish, or list a bid for a Proposal within the Website
unless you have a bona fide intent to perform, complete and fulfill
the Proposal for the amount specified in such bid (and no more).
(ii)
If you accept a Proposal that is published by a Customer, you agree to promptly
communicate with such Customer to coordinate having the Proposal/Project performed.
Members
Generally -
(i)
You agree not to disparage, in any way, any other Member, advertiser, visitor
or user of this Website.
(ii)
You agree you will not misuse this Website
for false accusations of professional or other
misconduct, etc. All users of this Website
are required to enter their contracts and other
arrangements in good faith and do their best
to fulfill them.
5. ADVERTISING.
A. You
may only post or publish advertisements, promotional
items, product or service descriptions, logos,
trademarks, service marks, coupons, or similar
communications within or using the Website, in
any form whatsoever (collectively referred to
herein as an “Advertisement”), with the express
written consent of Side Job Connections and, if
given, you acknowledge, represent and warrant,
agree to, and will comply with the following terms
and conditions: (i) neither the Advertisement
nor any element thereof infringes the copyright,
trademark or patent in any other work or violates
any law or regulation; (ii) neither the Advertisement
nor the exploitation thereof will violate the
rights to privacy or publicity of any person
or constitute a defamation against any person,
or in any other way violate the rights of any
person whomsoever; (iii) you own all rights to
the Advertisement free and clear of any liens,
encumbrances, and other third party interests,
and any claims or litigation, whether pending
or threatened; (iv) neither the Advertisement
nor any element thereof is pornographic, obscene,
offensive to community standards, discriminatory,
promotes violence or contains false advertising,
hate speech or viruses, Trojan horses, worms,
time bombs, cancelbots, or other harmful programming
language; (v) the Advertisement does not offer
for sale, advertise, or promote any goods or
services the sale of which, or the manner of
advertising of which, violates any law, rule
or regulation of any kind; (vi) you shall defend,
indemnify and hold Side Job Connections, its
licensees and assigns, and its directors, officers,
and agents harmless from all claims, liabilities,
damages, costs and reasonable legal fees and
expenses arising from any breach or alleged breach
by you of any representation, warranty or agreement
hereunder and/or your tortious conduct; (vii)
you agree to redeem, acknowledge, fulfill, and
accept all gift cards, gift certificates, coupons,
discounts, or other offers of any kind which
you publish or make available within the Website;
and (viii) you agree that any and all offers,
invitations, prices, discounts, information,
and data contained in the Advertisement is accurate
and complete and does not constitute false advertising
in any form whatsoever.
B. You
hereby acknowledge and agree that Side Job Connections
makes no representation or warranty of any kind
regarding the effectiveness or quality of the
Advertisement or any advertising or promotion
that you may undertake in connection with the
Website. For the avoidance
of doubt, Side Job Connections makes no representation
or warranty of any kind regarding the number of
visitors or “traffic” to the Website
or the commercial impression or consumer acceptance
of the Website. Furthermore, you hereby
acknowledge and agree that (i) Side Job Connections
shall not be obligated to conduct any marketing,
promotion, or advertising in connection with
the Website; (ii) Side Job Connections shall
have the right, in its sole and exclusive discretion,
to refuse to publish and/or to remove any Advertisement
within the Website on the grounds that such Advertisement
violates any term, provision or condition of
this Agreement or that the Advertisement will
reflect negatively or adversely on the reputation
of the Website or Side Job Connections; and (iii)
Side Job Connections shall have the right to
publish advertisements of other third parties
within the Website, including advertisements
that promote goods and/or services that are competitive
with your business in any way.
C. You
agree and acknowledge that Side Job Connections,
in its sole and exclusive discretion, shall control
and govern the placement, visibility, and accessibility
of your Advertisement within the Website. In
addition, you agree to timely and fully pay Side
Job Connections any and all fees that it charges
for the publication or posting of the Advertisement
within the Website.
D. In
the event that you have entered into a separate
Advertising Agreement with Side Job Connections,
for the avoidance of doubt, the terms and conditions
of such Advertising Agreement shall govern the
terms and conditions under which you publish Advertisements
within the Website.
6. AGE
AND RESPONSIBILITY.
A.You
represent and warrant that you are of sufficient
legal age to use this Website and to create binding
legal obligations for any liability you may incur
as a result of the use of this Website or in
connection with any Proposal or Project. You
understand that you are financially responsible
for all uses of this Website by you and those
using this Website on your behalf, whether by
using your Member ID and password or otherwise.
B.You
agree and acknowledge that any representations
and warranties that you make within or using the
Website (including in connection with any Proposals
or Projects), whether as a Contractor or Customer,
regarding your identity, credentials, work experience,
age, gender, insurance status or coverage, and/or
business affiliation are true, accurate, current
and not misleading, and do not include any misrepresentations
of any kind.
7. USER
INFORMATION.
A. Upon
completing the registration process and establishing
your membership with Side Job Connections, you
will be responsible for maintaining the confidentiality
of your account and your account password, as
well as for restricting access to your computer. As
a Member, your Member ID will be available for
the public to view and you will be associated with
that Member ID. Side Job Connections will
continue to make efforts to provide you with simple
means by which you may correct, update or remove
your personally identifiable information, such
as your home address or phone number, from the
Website. You may do this by making corrections
to the relevant data fields included in your membership
information. It is your responsibility to
keep your Side Job Connections account updated
including your current contact information and
availability so that you may be contacted. Side
Job Connections will never ask you to give out
any personal information such as a social security
number or bank account information. If you
do receive an email you consider to be suspicious,
misleading or fraudulent, please forward the email
to customerservice@sidejobconnections.com. We
will do our best to deal with this allegation
in a timely manner, and may or may not contact
you concerning your complaint or allegation.
B. Side
Job Connections reserves the right to collect,
maintain, and use information that your web browser
provides to Side Job Connections’ web server,
including without limitation the website from which
you linked to the Website, the identity of your
Internet service provider, and/or the type of browser
you are using. Side Job Connections may use
such information in an aggregated form, such as
to measure the usefulness and popularity of the
Website, analyze trends, administer this Website,
track movement and gather broad demographic information
for aggregate use. We may also use it to
enable us to personalize your experience on this
Website, to better service your requests, to facilitate
our communications with you, and to improve our
overall customer service capabilities. The
information that we collect from you is used entirely
and only by us, except in cases where we use third
parties to perform certain functions for us, such
as payment processing, promotional services, or
data analysis. In these cases, we provide such
third parties with access only to the information
that is necessary for them to perform the specific
tasks for which they are responsible, and they
are not authorized to retain, share, store or disseminate
that information for any other purpose. The
terms and conditions of Side Job Connections’ Privacy
Policy are incorporated herein by reference
in their entirety.
C. A
cookie is a piece of data transferred by the Website
to your hard drive which allows our system to recognize
your browser on subsequent visits to this Website.
We may use cookies to enable us to track and target
your interests, and to enhance your experience
on this Website. Cookies are not linked to personally
identifiable information.
D. Side
Job Connections reserves the right to contact
you, whether by mail, e-mail, telephone or through
other means, regarding any matter or issue relating
to the Website or arising out of compliance or
noncompliance with the terms of this Agreement. In addition,
Side Job Connections shall be entitled to provide
you, whether by mail, e-mail, telephone or through
other means, with certain newsletters, announcements,
notices, and/or other communications, provided
that you do not otherwise submit a request to Side
Job Connections that you wish to be excluded from
Side Job Connections’ distribution list
for such communications.
8. PRICING/ADVERTISING
DISCLAIMER
While efforts have
been made to make this Website current, helpful
and accurate, due to the open nature of this
Website and the potential for errors in the storage
and transmission of digital information, Side
Job Connections does not warrant the accuracy
of information obtained from this Website, including
any Proposal or Project descriptions, Contractor
profiles and/or Customer profiles. Proposal
descriptions published in our Website are the
representations of Customers. Similarly,
bids and related service descriptions are the
representations of Contractors. Advertised
prices and other information relating to subscriptions,
memberships and other opportunities offered by
Side Job Connections or any Members or advertisers
are subject to change without notice.
9. EXCLUSION
OF WARRANTIES. Side Job Connections
MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND
REGARDING THIS WEBSITE AND/OR ANY CONTENT OR
OTHER MATERIALS PROVIDED ON OR ACCESSIBLE THROUGH
THIS WEBSITE, ALL OF WHICH ARE PROVIDED ON AN “AS
IS”, “AS AVAILABLE” BASIS. Side
Job Connections DOES NOT WARRANT THE ACCURACY,
COMPLETENESS, CURRENCY OR RELIABILITY OF ANY
OF THE CONTENT, SERVICES, MERCHANDISE, OR PRICING
OR OTHER DATA FOUND ON OR ACCESSIBLE THROUGH
THIS WEBSITE AND EXPRESSLY DISCLAIMS ALL WARRANTIES
AND CONDITIONS, INCLUDING IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND
THOSE ARISING BY STATUTE OR OTHERWISE IN LAW
OR FROM A COURSE OF DEALING OR USAGE OF TRADE. FOR
THE AVOIDANCE OF DOUBT, Side Job Connections
HEREBY EXPRESSLY DISCLAIMS ANY AND ALL responsibilitIES,
LIABILITIES, REPRESENTATIONS, WARRANTIES AND/OR
GUARANTEES OF ANY KIND RELATED TO the WORK PRODUCT
OR OUTCOME OF ANY PROJECT OR TRANSACTION, INSOFAR
AS Side Job Connections IS NOT A PARTY TO ANY
SUCH TRANSACTION AND IS NOT RESPONSIBLE FOR PERFORMING
ANY PROJECT IN ANY WAY WHATSOEVER.
10. LIMITATION
OF LIABILITY. Side Job Connections
ASSUMES NO RESPONSIBILITY, AND YOU HEREBY RELEASE
SIDE JOB CONNECTION AND SIDE JOB CONNECTION SHALL
NOT BE LIABLE FOR, ANY VIRUSES THAT MAY INFECT
OR OTHER DAMAGES TO YOUR COMPUTER EQUIPMENT OR
DAMAGES TO OTHER PROPERTY, TANGIBLE OR OTHERWISE,
ON ACCOUNT OF (A) YOUR ACCESS TO, USE OF, E-MAILS
TO OR FROM, OR BROWSING IN THIS WEBSITE OR THE
SERVERS ON WHICH IT RESIDES; (B) YOUR DOWNLOADING
OF ANY MATERIALS FROM THE WEBSITE; OR (C) USE
OF YOUR ACCOUNT BY ANYONE ELSE. IN NO EVENT
SHALL Side Job Connections OR ANY MEMBERS, CUSTOMERS,
AFFILIATES, LICENSORS, PROVIDERS, DISTRIBUTORS
OR OTHER THIRD PARTY VENDORS BE LIABLE FOR, AND
YOU HEREBY RELEASE SUCH PARTIES FROM RESPONSIBILITY
FOR, ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY
SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING,
BUT NOT LIMITED TO LOST PROFITS OR LOST DATA
OR LOST SAVINGS), WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES
OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY
USE OF THIS WEBSITE OR CONTENT FOUND HEREIN,
(II) ANY FAILURE OR DELAY, INCLUDING, BUT NOT
LIMITED TO THE USE OF OR INABILITY TO USE ANY
COMPONENT OF THIS WEBSITE, OR (III) THE PERFORMANCE
OR NON-PERFORMANCE BY Side Job Connections OR
ANY THIRD PARTY CONTRACTORS, MEMBERS, CUSTOMERS,
AFFILIATES, PROVIDERS, AND DISTRIBUTORS, EVEN
IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
PLEASE NOTE: CERTAIN STATE LAWS DO
NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR
EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS
UNDER APPLICABLE STATE LAWS.
11. LINKS. While
using this Website, you may choose to link to third
party websites that are not affiliated with Side
Job Connections. Side Job Connections is not
responsible for the operation or content of these
third party websites, or any subsequent links,
and has no control over the operation or content
therein or made available through them. Consequently,
Side Job Connections does not represent or warrant
that the content of any third party website is
accurate, compliant with state or federal law,
or compliant with copyright or other intellectual
property laws. Side Job Connections does
not express any opinion on or regarding any third
party websites, and Side Job Connections does not
endorse the content of such third party websites
in any way. Side Job Connections is not responsible
for web casting or any other form of transmission
received from any linked website. If you
decide to access other websites, you do so at your
own risk and any reliance on the contents of other
websites is at your own risk and you assume all
responsibilities and consequences resulting from
such access and/or reliance. You should carefully
review the terms and conditions of use and Privacy
Policies associated with other websites before
making any use of them, particularly because other
websites may make use of your personally identifiable
information in ways inconsistent with this Agreement.
12. SYSTEM
AVAILABILITY AND SECURITY.
A. Side
Job Connections makes every effort to maintain
100% system availability, except during scheduled
maintenance periods and other periods when Side
Job Connections deems it necessary or advisable
to restrict availability of the Website or any
portion thereof. However, Side Job Connections
is not responsible for Proposals, bids for Proposals
and/or Projects which are not received, processed,
posted and/or accepted due to unavailability
of the Website, failure of Internet communications
or other technical difficulties.
B. So
that this Website remains to the extent possible
open and available to all users, there are mechanisms
in place to identify unauthorized attempts to
gain access to secured portions of the Website,
upload or change Content, inject any harmful
elements or otherwise cause damage. Although
Side Job Connections strives to keep these mechanisms
up to date, due to technical advances and uncertainties
Side Job Connections does not make any representation
or warranty that the Content or other information
or links in this Website are secure and free
of errors, technical glitches, operational problems,
interruptions, bugs, worms, viruses, unauthorized
third party access or any other harmful elements. YOU
REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND
PROTECTION OF YOUR SYSTEMS WHEN USING THIS SITE. Unauthorized
attempts to upload, insert, or change any Content
or other information on this Website or cause
harm are strictly prohibited and will be punishable
to the full extent of the law, including the
Computer Fraud and Abuse Act and the National
Information Infrastructure Protection Act.
13. VIOLATIONS
OF THIS AGREEMENT; EFFECT OF TERMINATION.
A. In
the event you violate any part of this Agreement,
Side Job Connections can terminate your access
to this Website immediately, in its sole discretion,
with or without notice of any kind. Side
Job Connections also reserves the right to involve
and cooperate with law enforcement agencies,
and to initiate civil and/or criminal proceedings
for any illegal or unauthorized activities involving
this Website.
B. Side
Job Connections reserves the right to immediately
suspend or terminate your membership and access
to the Website in its sole discretion. Upon any
such termination, you will remain obligated to
pay all outstanding fees and charges, if any,
relating to your use of any fee-based services
before termination. Sections
3, 4, 9, 10, 13, 14 and 16 will remain in effect
notwithstanding the termination of your membership
or this Agreement.
14. INDEMNIFICATION. You
agree to indemnify, defend, and hold harmless Side
Job Connections and its affiliates, officers, directors,
employees, representatives and its third party
Contractors and Customers from and against any
and all claims, proceedings, damages, injuries,
losses, costs, and expenses (including reasonable
attorneys’ fees and expenses) arising from
your use of this Website and/or breach of this
Agreement, regardless of the nature of the cause
of action or claim.
15. RESERVATION
OF RIGHTS. Any and all rights not
expressly granted to you in this Agreement are
hereby reserved by Side Job Connections.
16. GOVERNING
LAW AND DISPUTES. This Agreement
and its performance shall be governed by the
laws of the State of Illinois, United States
of America, without regard to its conflict of
laws provisions. Any dispute arising between
us shall be brought before any court located
in Cook County, Illinois having jurisdiction
over such a dispute. By using this site
you irrevocably submit to the jurisdiction of
the above-mentioned Illinois courts for purposes
of resolving any such dispute, and waive any
claim or defense of inconvenient forum or lack
of personal jurisdiction. You agree to
waive the right to trial by jury in any proceeding
that takes place relating to or arising out of
this Agreement.
17. ASSIGNMENT. You
may not assign, convey, subcontract or delegate
your rights, duties or obligations hereunder. Side
Job Connections may assign this Agreement to any
purchaser of this Website and/or all or substantially
all of its assets or business to which this Agreement
relates.
18. MODIFICATION. Side
Job Connections may change or modify all or any
portion of this Website, including any and all
Content and/or services featured on this Website,
at any time in our sole discretion. Fees
for advertising services are subject to change
without notice. Side Job Connections may
at any time amend and modify this Agreement at
any time in our sole discretion, and your continued
use of this Website will be conditioned upon, and
will confirm your agreement to, the terms and conditions
in force at the time of your use. At times
such changes may be necessary to address the addition
or discontinuance of services offered on this Website,
technological changes made to this Website, changes
made to our business procedures or practices, or
other factors. More importantly, Side Job
Connections will not be obligated to notify you
of these changes as and when they are made. Accordingly,
it is important that you review this Agreement
regularly. If you disagree with any change
to the Agreement, your sole recourse is to discontinue
your use of this Website. You may not modify
this Agreement.
19. ADDITIONAL
TERMS. Additional and/or different
terms and conditions may apply to purchases of
Side Job Connections’ services offered
through the Website, if any. If applicable,
you agree to abide by such other terms and conditions.
20. SEVERABILITY. These
terms and conditions shall be deemed severable. In
the event that any provision is determined to be
unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted
by applicable law, and such determination shall
not affect the validity and enforceability of any
other remaining provisions.
21. ENTIRE
AGREEMENT. Subject to Section 19
above, and any separate agreement that you may
enter into with Side Job Connections, including
an Advertising Agreement, this Agreement constitutes
the entire agreement between you and Side Job
Connections relating to the subject matter hereof,
and supersedes any prior understandings or agreements
(whether oral or written) regarding the subject
matter hereof.
|