A. Acceptance of Terms
1. MEMBERSHIP ELIGIBILITY CRITERIA
2. ACCOUNT POLICIES
You acknowledge and agree that you shall comply with the following policies regarding your account (the "Account Policies"): • You will provide truthful, accurate and complete information when creating your Account, and you will maintain the accuracy of such information. • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Platform for any purpose without Silliss’ prior written approval. • You shall not in any manual or automated manner collect Service Professionals or Service Users information, including but not limited to, names, addresses, phone numbers, or email addresses, copy copyrighted text, or otherwise misuse or misappropriate Platform information or content, including but not limited to, use on a "mirrored", competitive, or third party site. • You shall not in any way transmit more request messages to the Silliss servers, or any server of a Silliss subsidiary or affiliate, in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. Silliss reserves the right to revoke these exceptions either generally or in specific cases. • You shall not recruit, solicit, or contact in any form Service Professionals or Service Users for employment or contracting for a business not affiliated with Silliss without express written permission from Silliss. • You shall not take any action that (i) unreasonably encumbers or, in Silliss’ sole discretion, may unreasonably encumber the Platform's infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or (iii) bypasses Silliss’ measures that are used to prevent or restrict access to the Platform. • You agree not to collect, harvest or publish any personally identifiable data, including without limitation, names or other account information, from the Platform, nor to use the communication systems provided by the Platform for any commercial solicitation purposes. If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Platform. Should Silliss find that you violated the terms of the membership eligibility criteria or any other terms stated herein, Silliss reserves the right, at its sole discretion, to immediately terminate your use of the Platform. Tip: You can use Silliss as long as you comply with its policies and are at least 18 years of age. You are responsible for your actions when using Silliss.
C. Member Conduct
1. PROHIBITIONS ON SUBMITTED CONTENT
2. PROHIBITIONS ON SENDING MESSAGES
You will not send messages to other users containing: • offers to make national or international money transfers for amounts exceeding the asking price of a service, with intent to request a refund of any portion of the payment; or • unsolicited advertising or marketing of a service not offered on the Platform or an external website.
3. PROHIBITIONS WITH RESPECT TO SERVICES
D. Use of Submitted Content
1. NO CONFIDENTIALITY
You agree that any Submitted Content provided by you, whether or not such Submitted Content is published to the Platform, is provided on a non-proprietary and non-confidential basis and you authorize Submitted Content to be made available in a searchable format to Registered Users with access to the Platform. You agree that Silliss shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
2. YOUR REPRESENTATIONS AND WARRANTIES
3. YOUR OWNERSHIP RIGHTS AND LICENSE TO SILLISS
4. SILLISS’ DISCLAIMERS AND RIGHT TO REMOVE
If you send or transmit any communications, comments, questions, suggestions, or related materials to Silliss, whether by letter, email, telephone, or otherwise (collectively, "Suggestions"), suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, Silliss shall have no obligation concerning the Suggestions, including but not limited to, no obligation to return any materials or acknowledge receipt of any Suggestions. You understand and agree that Silliss is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution. Suggestions are, and will be treated as, non-confidential and nonproprietary. You hereby assign all right, title, and interest in, and Silliss is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. Tip: Content that you provide to Silliss is public to users with access to Silliss’ platform. In providing that content to Silliss you represent that you own that content and/or have all necessary permissions to post it, if permission is required.
E. Mandatory Third-Party Verification Services
Silliss uses a variety of tools in an effort to make the Platform as safe as possible for Service Professionals and Service Users. Among these tools are mandatory third-party verifications of professionals which may include license certifications and provision of labor cards for employees. Silliss reserves the right to conduct these screens during sign up and at any future time during a Service Professional’s use of the Platform. By registering as a Service Professional on the Platform, you do hereby consent to allow Silliss to perform third-party verifications, using information you provide, to verify your identity and evaluate your character and general reputation as a Service Professional. You acknowledge and understand that Silliss may review the information provided by the third-party verification services and, after reviewing the results, may take whatever actions it deems necessary in its sole discretion with respect to your Account. Do not register as a Service Professional on Silliss if you do not want Silliss to verify you using third-party service providers. You hereby authorize Silliss to verify your representations and warranties, including, but not limited to, those made upon registration by providing information to Silliss, and you acknowledge that Silliss reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SILLISS FROM ANY LOSS OR LIABILITY THAT MAY RESULT FROM ANY THIRD-PARTY SCREENS. In addition, you do hereby understand and expressly agree that Silliss does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification services or the information provided by them. Silliss retains the right to request any further information from you to conduct additional screens and the right to require additional screens, as deemed necessary based on our initial verifications, and the right to terminate your Account based on the information provided by these third-party verification services. Tip: Silliss may screen service professionals with third-party verifications as a condition of use of the platform.
F. Optional Third-Party Verification Services
In addition to the mandatory checks described above, Silliss offers Service Professionals the ability provide information from third-party verifications that may reflect on their trustworthiness to Service Users. Silliss reserves the right to offer new verifications or remove existing verification options at any time. Use of the optional third-party verification services is voluntary. You affirm that all of the information you provide to Silliss as part of these optional third-party verification services is correct, complete, and applicable to you. In addition, you understand that Silliss may review the information provided by the third-party verification service and that Silliss retains the right to terminate your Account based on such information. If you use the optional third-party verification services, you understand that the information in the report may be displayed publicly on your Profile and may factor into Service Users' decisions to engage you as a Service Professional. You agree to indemnify and hold harmless Silliss from any loss or liability that may result from your sharing this report publicly. Tip: Where possible, Silliss will also showcase confirmed verifications or licenses for pros who provide such information. These verifications are optional, and Silliss does not take responsibility for the results of these verifications.
G. Copyright Infringement Take Down Procedure
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to firstname.lastname@example.org: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Platform, and information reasonably sufficient to permit Silliss to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit Silliss to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the "Notice." You acknowledge that if you fail to comply with all of the requirements, your Notice may not be valid. Silliss will remove any infringing material, however, you are solely responsible for ensuring that any Notice you provide to Silliss complies with the provisions of the DMCA. Please also note that for copyright infringements, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Only the intellectual property rights owner is permitted to report potentially infringing items through Silliss’ reporting system set forth above. If you are not the intellectual property rights owner, you should contact the intellectual property rights owner. Although Silliss endeavors to protect property rights, Silliss is not responsible for any infringements whatsoever on the Platform. Tip: If you believe that content you own has been posted on Silliss in violation of copyright or trademark regulations please contact us to resolve. We are not responsible for any infringements but will work with property owners to help them protect their rights where possible.
H. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
Silliss reserves the right at any time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that Silliss shall not be liable to you or to any third party for any modification, suspension or discontinuance of Silliss services.
2. TERMINATION BY SILLISS
3. TERMINATION BY YOU
You may cancel your use of the Platform and/or terminate your Account with or without cause at any time by following the link in your Account under "Account Preferences" to "Deactivate Account."
4. EFFECT OF TERMINATION
I. Intellectual Property Rights
1. SILLISS OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Data") and the trademarks, service marks and logos contained therein ("Marks"), are owned by Silliss, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Platform are the property of their respective owners. Data on the Platform is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Silliss reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. SILLISS’ LICENSE TO YOU FOR THE USE OF THE PLATFORM, DATA, AND MARKS
J. Silliss Fees
1. FEES INCURRED BY SERVICE PROFESSIONALS
Joining Silliss, posting Services and viewing posted Services is free. Silliss reserves the right at its sole discretion to charge fees to Service Professionals for other services that Silliss may provide, including but not limited to fees for contacting Service Users, responding to job leads generated by Silliss, or conducting transactions with Service Users through Silliss.
2. FEES INCURRED BY SERVICE USERS
Joining Silliss, viewing posted Services, and bidding on posted Services is free. Silliss currently charges Service Users no fees for transactions completed on the Platform between Service Users and Services Professionals. However, Silliss reserves the right to charge a fee to Service Users in the future on a per-transaction basis, and reserves the right to do so in its sole discretion. Changes to this Fee Policy are effective after Silliss has provided you with fourteen (14) days' notice by posting the changes on the Platform.
3. PAYMENT OF FEES
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Service User and a Service Professional who choose to enter into an Agreement for Service. You understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisers, and that we cannot and do not offer tax advice to either Service Professionals or Service Users.
5. REFUND POLICY
All sales on Silliss are final and non-refundable. Tip: It is currently free to join and create a profile on Silliss for both users and professionals. However, professionals may pay to submit quotes in response to user requests, and we reserve the right to change our fee structure in the future.
K. Negotiation of Terms of Service; Disputes Between Registered Users
1. NEGOTIATION WORKSHEET AND CONTRACT TEMPLATE
As a courtesy to Registered Users, to facilitate the negotiation and confirmation of the Agreement for Service, Silliss provides a general framework for negotiating the terms of Service (e.g., rate) ("Quote for Services"). Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues and memorializes the agreed upon Quote for Services. You should not rely on the any information or resources contained on the Platform, including, without limitation, the Quote for Services, as a replacement or substitute for any professional, financial, legal or other advice or counsel. Silliss makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Platforms, including, without limitation, the Quote for Services. In no way will Silliss be responsible for any actions taken or not taken based on the information or resources provided on this Platform. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Platform, however provided.
2. SILLISS IS NOT A PARTY TO ANY SERVICE CONTRACT
Each Registered User hereby acknowledges and agrees that Silliss is NOT a party to any oral or written Agreement for Service, Quote for Service, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Platform.
3. NO AGENCY OR PARTNERSHIP
4. RELATIONSHIP BETWEEN REGISTERED USERS
Subject to the provisions regarding disputes between Platform participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Platform, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Service Professionals and Service Users. Guidelines containing general information or information on safety practices from any given Service Professional accessed through the Platform may be provided by the Service Professional upon request. It is up to You to ask for such guidelines when needed. You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Baskets and/or Feedback, is your personal decision for which you alone are responsible. You understand that Silliss does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Platform and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. Silliss is not responsible for the interactions, transaction, or dealings between any Service Provider and Service User. NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT SILLISS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PLATFORM, OR BETWEEN REGISTERED USERS OR ANY PLATFORM USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT SILLISS IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PLATFORM USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE SILLISS, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PLATFORM OR ANY SERVICE PROVIDED THEREUNDER.
L. Dispute Resolution
1. GOVERNING LAW
Aspects of the Platform and other Silliss services may be supported by advertising revenue. As such, Silliss may display advertisements and promotions on the service. The manner, mode and extent of advertising by Silliss on the Platform are subject to change and the appearance of advertisements on the Platform does not necessarily imply endorsement by Silliss of any advertised products or services. You agree that Silliss shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Platform. Tip: Silliss may host advertisements on the site, but this does not imply endorsement of advertised products or services.
N. Third-party Links, Advertisements, Contact Forms and Phone Numbers
O. Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE PLATFORM AND SERVICES SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SILLISS AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PLATFORM, THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHEREIS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SILLISS DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PLATFORM OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM. SILLISS DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. SILLISS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRDPARTY SERVICE PROFESSIONALS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Tip: Exercise caution and good judgement when using Silliss like you would when hiring a local service professional from any other channel.
P. Limitations of Liability
Q. Indemnification and Release
R. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
S. No Third-party Beneficiaries
T. Contacting You
U. General Information
2. STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. CONTACT INFORMATION
4. SECTION HEADINGS AND TIPS