GetElectrician

These Terms of Use were last modified on April 17, 2020.

SECTION I: DEFINITIONS, AGREEMENT TO BE BOUND

1.1 Definitions.

1.2. Agreement to be Bound.

SECTION II: GENERAL PROVISIONS

2.1. About Us; GetElectrician not Vendor; No Endorsement.

2.2. Use of the Services at your Own Risk; No Verification.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT WHILE WE MAY PROVIDE INFORMATION ABOUT SERVICE PROVIDERS OR CLIENTS WE ARE NOT RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION. YOU FURTHER AGREE AND ACKNOWLEDGE THAT WE PROVIDE SUCH INFORMATION SOLELY FOR INFORMATIONAL PURPOSES ONLY, AND IT IS NOT TO BE CONSTRUED AS A PROFESSIONAL REFERENCE, RECOMMENDATION, OR ENDORSEMENT. User authentication on the Internet is difficult, and GetElectrician cannot, does not, and will not verify that each User is who he, she, or it claims to be. You assume all the risks inherent in the use of the Web site, including, but not limited to, the risks of bodily harm, the risk of dealing with strangers or persons underage, and any risks affiliated with foreign nationals and other users with whom you come into contact as a result of using the Web site or the Mobile App. It is your responsibility to evaluate the truth and accuracy, completeness, usefulness, or validity of all the opinions, advice, service, promotions, advertisements, awards, prizes, or other information that you receive as a result of your use of the Web site or the Mobile App. You are solely and uniquely responsible for conducting your own due diligence.

2.3. Accuracy, Completeness and Timeliness of Information.

We are not responsible if information made available on the Web site the Mobile App is not accurate, complete or current. You acknowledge that the Web site and the Mobile App are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. You acknowledge further that any reliance on the Web site or the Mobile App is at your own risk.

2.4. Errors in Web site or the Mobile App.

We do not warrant that any errors in the Web site and/or the Mobile App will be corrected.

2.5. Modifications and Changes to Terms of Use.

We may modify, add to, suspend or delete these Terms of Use or other agreements, in whole or in part, in our sole discretion at any time, with such modifications, additions or deletions being immediately effective upon their posting to the Web site and the Mobile App. Your use of the Web site and/or the Mobile App after modification, addition or deletion of these Terms of Use shall be deemed to constitute acceptance by you of the modification, addition or deletion.

2.6. Modifications and Changes to the Web Site or the Mobile App.

We may modify, add to, suspend, or delete any aspect of the Web site and/or the Mobile App offered by us, in whole or in part, at our sole discretion at any time, with such modifications, additions or deletions being immediately effective. Such modifications, additions or deletions may include but are not limited to content offered, hours of availability, and equipment needed for access or use.

2.7. Access to Web site and the Mobile App.

Though we try to make the Web site and the Mobile App available twenty-four (24) hours a day, seven (7) days a week, except for planned down-time for maintenance, we do not warrant that the Web site or the Mobile App will be at all times available. We do not warrant that your computer, tablet, and/or smartphone will be able to access and/or support the Web site or the Mobile App.

2.8. Right of Refusal, Limitation, Discontinuation, and Termination.

We reserve the right to refuse to provide access to the Web site and/or the Mobile App for any reason at any time in our sole and exclusive discretion. We may, in our sole and exclusive discretion, limit or cancel a User Account for any reason whatsoever, including but not limited to a breach or violation by the User of any of the terms or provisions of the Terms of Use or any published GetElectrician policy or procedure; a discredit of GetElectrician by a User; misrepresentation of GetElectrician by making claims contrary to GetElectrician literature; ethical or legal violations that may cause GetElectrician to suffer damages; or any other material cause, in the sole discretion of GetElectrician. In the event that we make a change to or cancel an Account, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time your Account was created; however, the failure to do so shall not result in any liability, including liability for lost data deleted as a result of the Account termination. In the event we terminate your Account, you shall no longer be eligible to be a GetElectrician User at any time in the future, unless permission is granted to you, in writing, by us, in our sole and exclusive discretion. In addition, although the Web site and the Mobile App are intended to be accessible worldwide, the Web site may not be available to all persons in all geographic locations or jurisdictions. GetElectrician reserves the right to limit the availability of the Web site and/or the Mobile App to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made via the Web site or the Mobile App is void where prohibited. By choosing to access the Web site and/or the Mobile App from any location other than the United States, you accept full responsibility for compliance with all local laws. You are also subject to U.S. export controls and are responsible for any violations of U.S. embargoes or other federal rules and regulations restricting exports. The United States controls the export of products and information to certain countries including, Iraq, Libya, North Korea, Cuba (or a Cuban national or resident), Syria, and Iran, and to anyone on the Department of Commerce Table of Deny Orders and the Treasury Department's list of Specially Designated Nationals. You agree to comply with all such restrictions and not to export or re-export the any Material, as defined herein, to countries or persons prohibited under the export control laws. By downloading the Material, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the export, import, or re-export of and products or services.

2.9. Prohibited Uses of Web site and the Mobile App.

In addition to the other restrictions on use set forth herein, you agree and acknowledge that you shall not use the Web site or the Mobile App: (a) for any unlawful purpose; (b) to solicit Users to perform or participate in any unlawful acts or to engage in acts that are unrelated to the purpose(s) of the Web site and/or the Mobile App; (c) to violate any international, governmental, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Web site or the Mobile App; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Web site or the Mobile App. We reserve the right to terminate your use of the Web site and/or the Mobile App for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.

SECTION III: ACCOUNTS; USE OF THE WEB SITE, MOBILE APP

3.1. Online Accounts, Generally.

Users shall be given the opportunity to register via an online registration form to create a User account, (your "Account,") that will allow you to receive information from us and/or to participate in certain features of the Web site and/or the Mobile App. We will use the information you provide in accordance with our Privacy Policy. By registering with us, you represent and warrant that all information you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information so that it remains current, complete and accurate. During the registration process, you will be required to choose a password. You acknowledge and agree that we may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Use. Accounts may be cancelled at any time via the Account settings. Users agree further and acknowledge that any Account profile they create may be edited, removed, modified, published, transmitted, and displayed by us, and they waive any rights they may have in having the material altered or changed in a manner not agreeable to them.

3.2. Transfer Prohibited.

You agree you shall not sell, trade or transfer that Account to any other person or entity except as provided for herein.

3.3. Account Types.

Use of the Web site, however, Service Providers wishing to offer their services via Web site may be required to pay a fee as set forth on the Web site at all times, including at the time of purchase, and which may be subject to change in our sole and exclusive discretion, without notice. Such services shall be governed by our Service Provider Terms of Service.

3.4. Account Guidelines.

The Web site and/or the Mobile App may contain the ability to communicate with other Users, share via social media; participate in any comments sections, discussion forums, Web sites, landing pages, social media outlets, sales channels, and/or other interactive features, (collectively "Interactive Areas,") in which Users and third parties may communicate. By participating in Interactive Areas, you agree and acknowledge that you:

• Shall not upload, distribute or otherwise publish to the Web site or the Mobile App any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material; and
• Shall not threaten or verbally abuse other Users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam"; and
• Shall not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to the Web site; and
• Shall not personally attack another User. Personal attacks are a direct violation of these Terms of Use and are grounds for immediate and permanent suspension of access to the Web site; and
• Shall not use the Interactive Areas to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services except as envisioned by the express purpose of the Web site; and
• Shall not upload, post or otherwise transmit any content that violates any state, national or international law or engage in activity that would constitute a criminal offense or give rise to a civil liability; and
• Shall not post unauthorized commercial communications (such as spam); and
• Shall not upload, post or otherwise transmit any content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them; and
• Shall not upload, post or otherwise transmit content that does not generally pertain to the designated topic or theme of any Interactive Area; and
• Shall not impersonate any person or entity, including, but not limited to, any of our employees, or falsely state or otherwise misrepresent your affiliation with any person or entity; and
• Shall not interfere with any other User's right to privacy, including by harvesting or collecting personally-identifiable information about other Users or distributing private information about another User or any third party; and
• Shall not engage in unlawful multi-level marketing, such as a pyramid scheme; and
• Shall not upload, post or otherwise transmit any "chain letters"; and
• Shall not upload, post or otherwise transmit any content, software or other materials which contain a virus, malicious code or other harmful, damaging, interfering, injuring or disruptive component; and
• Shall not post false or misleading indications of origin or statements of fact; and
• Shall not upload, post or otherwise transmit any content, software or other materials which restrict or inhibit any other User from using and enjoying the Web site or the Mobile App; and
• Shall not interfere with or disrupt the Web site, the Mobile App, the Interactive Areas or the servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site, the Mobile App and/or the Interactive Areas; and
• Shall not intentionally supply incorrect information about yourself or a Client on any form, resume, listing, group or event; and
• Shall not violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; and
• Shall not facilitate or encourage any violations of these Terms of Use or our policies.

3.5. Rights in Submissions.

Should you submit, display, publish or otherwise post any content to an Interactive Area, (a "Submission,") you agree to grant to us and our partners and affiliates a perpetual, irrevocable, transferable limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publish, edit, perform, publicly perform, publicly display, reproduce, and distribute such Submission in any and all forms, media, and technologies now known or hereinafter developed, alone or as part of other works, for hosting, indexing, caching, distributing, tagging, marketing, and for all other lawful purposes without the requirement to make payment to or seek permission from you or any third party. You acknowledge that Submissions are not confidential, and your communications may be read or intercepted by others. You acknowledge that by submitting Submissions to GetElectrician, no confidential, fiduciary, contractually implied, or other relationship is created between you and GetElectrician other than pursuant to this Agreement. You represent and warrant that you own or have a valid license to use any and all Submissions and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any Submissions does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.

3.6. Right to Monitor.

We shall have the right to monitor your Account in our sole and exclusive discretion.

3.7. Account Security.

For security purposes, we strongly advise you to keep your User ID and password confidential and to change your Password if you think it may have been compromised. You are entirely responsible for maintaining the secrecy of this information. In addition, we recommend that you quit your entire browser application when you have completed your time on the Web site. This is particularly important when you are using the Web site at a public location, such as an Internet café, library, or workplace or on a public device. You agree to immediately notify GetElectrician in the event of any security breach or unauthorized use of your User ID, password, or any or all of your registration information. So that you can take advantage of the latest security technology, we recommend that you use the most recent version of your browser.

3.8. No Responsibility for User Submissions.

GetElectrician is not liable for Submissions provided by any Users or third parties. Such Submissions do not represent the views of GetElectrician, its subsidiaries, or its partners.

3.9. User Communications.

GetElectrician does not screen communications in advance and is not responsible for screening or monitoring material and content posted by users. If a User notifies GetElectrician of communications, which allegedly do not conform to these Terms, GetElectrician may investigate the allegation to determine, in good faith and its sole discretion, whether to remove or to request the removal of the communication. GetElectrician has no liability or responsibility to users for performance or nonperformance of such activities.

3.10. Termination.

You may terminate your use of the Web site and/or the Mobile App at any time by writing to us at customerservice@getelectrician.com. In no event shall a refund be due or owing should a User elect to terminate use of the Web site or the Mobile App.

SECTION IV: HIRING, FEES

4.1. Fees.

At the present, the placing of a Listing on the Web site and/or the Mobile App is free; however, we may charge a listing or other fees to Clients in the future. In such an event, we shall update these Terms accordingly.

4.2. Unauthorized Business.

In addition to the prohibited uses set forth in these Terms, the Web site may not be used by an Client to cause us to advertise on his, her, or its behalf employment in any of the following service areas, ("Unauthorized Business:") (a) sale of adult goods or services; (b) sale of products or services in the following sectors: gambling, securities, drugs, arms and weapons or other highly-regulated sectors; or (c) for sales of illegal goods or services, which shall include but not be limited to illegal software or illegal downloads such as music, films or games.

4.3. Accuracy of Listing; Non-Disclosure of Client.

Client shall be responsible for ensuring any and all Listings are complete and accurate at all times, including but not limited to the salary, qualifications required, benefits, and job location. We undertake no responsibility and shall have no liability for verifying or failing to verify any information provided to us from an Client when creating a Listing.

4.4. Compliance with Laws.

In addition to the other requirements to comply with laws, regulations, and terms set forth herein, Clients who post Listings to the Web site agree to obey any and all local, state, and federal regulations and laws regarding offers of employment and pre-screening therefor.

4.5. Right to Revise.

GetElectrician shall have the right to revise any Listing to correct any errors or omissions, in its sole and exclusive discretion, but shall not be obligated to do so. You agree and acknowledge that GetElectrician shall not be liable for any errors in revisions.

4.6. Payment for Services.

Clients may pay for Services per the payment agreement with the Service Provider. Payment shall be made via the Web site, using one of our select payment processors, which include Stripe and PayPal.

4.7. Refunds and Returns.

Due to the nature of the Web site and the Mobile App, no refunds or returns shall be granted at any time, including but not limited to erroneous Listing information, lack of Listings, failure to locate a qualified Service Provider, failure to win a project, business closure, or cancellation.

SECTION V: INTELLECTUAL PROPERTY; PRIVACY

5.1. Intellectual Property Rights Not Waived.

This is an Agreement for access to and use of the Web site and the Mobile App, and you are not granted a license to any software or intellectual property by these Terms of Use aside from the limited right to use the Mobile App. The Web site and the Mobile App are protected by U.S. and, where applicable, international intellectual property laws. The Web site and the Mobile App belongs to us and are the property of us or our licensors (if any). We retain all ownership rights in the Web site and the Mobile App.