1. This Terms of Service Agreement is made by and between One Less Thing, LLC (hereinafter, "OLT”), a California Limited Liability Company with offices in San Francisco, California, and you the user (“you,” “your” or “User”).
These Terms of Service contain the terms and conditions that govern the use of OLT’s website, Onelessthingsf.com (the “Site”), and OLT’s services (collectively, the “Services”), including (1) your acknowledgement that the Services are provided “as is” and without warranty (Section 15); (2) your agreement that OLT has no liability regarding the Services (Section 3); and (3) your agreement to indemnify OLT for claims arising out of your use of the Services.
By accessing, visiting, browsing, using or attempting to interact with or use any part of the Services, you agree that you have read, understand and agree to be bound by these Terms of Service and warrant that you are 18 years of age or older. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, DO NOT ACCESS OR USE ANY PART OF THE SERVICES.
We may update these Terms in the future, and OLT reserves the right, with or without notice, to make changes to the Terms of Service at OLT’s discretion. Continued use of any part of the Services constitutes your acceptance of such changes. You will be able to find the most current version of the Terms of Service at https://onelessthingsf.com/terms-of-service.
2. DEFINITIONS. Wherever used in these Terms of Service with the first letter capitalized, these terms have the following defined meanings:
(a) “Student” means a currently enrolled college student who is admitted to an accredited college, university or vocational school with intent to continue enrollment as a full-time student in the next quarter or semester (excluding summer) OR a recent college graduate who has graduated within the past 36 months from an accredited college, university or vocational school.
(b) “Hourly Work” means services which Students are available to perform and which may be advertised by Students or sought by Persons Hiring through the Site, in accordance with these Terms of Service.
(c) “Persons Hiring” means a person seeking Students to perform Hourly Work, and who may use the Site and the Services to view or respond to Students’ advertisements for Hourly Work, or to post listings soliciting Hourly Work.
3. DESCRIPTION OF THE SERVICES. OLT makes available a forum in which Students can advertise their availability to perform Hourly Work and Persons Hiring may respond to such advertisements to engage Students to perform Hourly Work. Persons Hiring may also post advertisements seeking Students to perform Hourly Work.
While OLT makes this Site and forum available to facilitate communication between Students and Persons Hiring, OLT does not take part in, monitor, or supervise the Hourly Work. OLT makes no representation, endorsement, or warranty, and further disclaims any responsibility as to the suitability, quality, timeliness, integrity or performance of any Hourly Work advertised through the Site. Any performance of Hourly Work or correspondence, and any other terms, conditions, warranties or representations associated therewith, is solely between you and other Users of the Site.
YOU ASSUME ALL RISK WHEN USING THE SITE OR OLT’S SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHERS. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS WHEN MEETING OTHER USERS OR INDIVIDUALS IN ANY OFFLINE INTERACTION. OLT ASSUMES NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH INTERACTION, OR FOR THE PERFORMANCE OR NON-PERFORMANCE OF HOURLY WORK.
4. ACCESS TO THE SERVICES. To access the Services, postings, links, or other content, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide will be correct, current, and complete. If OLT believes the information you provide is not correct, current, or complete, OLT has the right to deny you access to the Services, or to any of its resources, and to terminate or suspend your access at any time.
If you are not a Student, you must not use the Site to post advertisements offering your availability to perform Hourly Work. OLT reserves the right to immediately terminate your access to the Site and the Services, in its sole discretion, if OLT believes you do not meet the requirements for the use of OLT’s Services.
5. APPLICABLE USE OF SERVICES. You may use the Services for the purposes of advertising and soliciting services which may be lawfully provided under applicable local, state and federal laws in the area in which you reside and the area in which the services are to be performed. You may also use the Services for other purposes expressly permitted by these Terms of Service. As a condition of your use of the Site, you warrant to OLT that you will not use the Services for any purpose that is unlawful; prohibited by these Term of Service; or prohibited by any notice issued by OLT.
6. NO UNLAWFUL ACCESS. In addition, you agree that you will not use the Services in any manner that could in any way disable, overburden, damage, or impair the Services or otherwise interfere with any other party's use and enjoyment of the Services. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Services.
7. INTENDED AUDIENCE. The Site is intended for use only by individuals 18 years of age or older. You may not use the Site, register an account or use OLT’s Services under any circumstances if you are less than 18 years old.
8. OLT’S PROPRIETARY RIGHTS. You acknowledge and agree that the Sites contains proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that material contained in sponsor advertisements or presented to you through the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, products or services obtained from or otherwise connected to the Services.
Subject to these Terms of Service, OLT grants you a personal, non-transferable and non-exclusive right and license to use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services, unless such activity is expressly permitted or required by law or has been expressly authorized by OLT in writing. You agree not to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by OLT for use in accessing the Services.
Except as expressly authorized by OLT you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter OLT's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
9. SUBMISSIONS. OLT claims no ownership of any content submitted, posted or displayed by you through OLT’s Services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through OLT’s services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying content on or through the Services which are intended to be available to the members of the public, you grant OLT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such content through the Services for the purpose of displaying, distributing and promoting the Services. OLT reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
10. HYPERLINKING. The Site may be hyperlinked to and by other services which are not maintained by, or related to, OLT. Hyperlinks to such services are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Site or OLT. OLT has not reviewed any or all of such services and is not responsible for the content of any linking services, and any links made directly from the Site to another web page should be accessed at the User's own risk. OLT makes no representations or warranties about the content, completeness, quality or accuracy of any such services.
11. USE OF COMMUNICATION SERVICES. The Site contains a forum for posting advertisements and solicitations for Hourly Work, as well as other message and communication facilities designed to allow you to communicate with others. You agree to use the Services only to post listings and advertisements, and/or send and receive messages and content for the purposes set out in Section 3 of these Terms of Service, or other purposes expressly permitted by these Terms of Service. Among other actions, when using the Services, you agree that you will not post, send, submit, publish, or transmit in connection with this Services, or cause to be posted, sent, submitted, published or transmitted, any material, listings or advertisements that:
(a) you do not have the right to post, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(b) advocates illegal activity, discusses an intent to commit an illegal act or violates any law;
(c) is vulgar, obscene, pornographic, or indecent;
(d) threatens or abuses others;
(e) is libelous or defamatory towards others;
(f) is racist, abusive, harassing, threatening or offensive;
(g) seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
(h) harvests or otherwise collects information about others, including e-mail addresses, without their consent;
(i) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(j) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(k) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other Users are able to type, or otherwise act in a way which affects the ability of other people to engage in real-time activities via the Services;
(m) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(n) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Services or any networks connected to the Services; or
(o) contains hyperlinks to other services that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded using the Services may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither OLT nor any third party that provides content to OLT will assume or have any liability for any action made by OLT or such third party with respect to any submission.
12. RIGHT TO TERMINATE ACCESS. OLT reserves the right to monitor use of the Services to determine compliance with these Terms of Service, as well as the right to edit, refuse to post or remove any information or materials, in whole or in part, at its sole discretion. OLT reserves the right to terminate your access to any or all of the Services at any time without notice for any reason whatsoever.
13. DISCLOSURE UNDER LAW. OLT reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
15. DISCLAIMER & LIMITATIONS OF LIABILITY. You understand that OLT cannot and does not guarantee or warrant that the Services or files available for downloading from the OLT Services will be free of viruses, worms, Trojan horses or other code that may cause damage or harm to your computer(s) or network(s). You acknowledge that you will be solely responsible for implementing sufficient procedures and checkpoints to protect your computer(s) and network(s). OLT further disclaims any responsibility to ensure that the content located on or provided via the Services is necessarily complete and up-to-date.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SERVICES AND CONTENT CONTAINED THERIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, OLT DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. OLT DOES NOT WARRANT THAT THE FUNCTIONS OF OR CONTENT CONTAINED ON ANY OLT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OLT DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR TECHNICAL ERRORS, AND OLT MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SERVICES OR THE SERVICES. OLT MAKES NO WARRANTIES THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
OLT, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF OLT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF OLT AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100.00 OR THE AMOUNT YOU HAVE PAID TO OLT FOR THE APPLICABLE CONTENT OR SERVICES OUT OF WHICH LIABILITY AROSE.
16. INDEMNITY. You agree to indemnify and hold OLT, its subsidiaries, affiliates, licensors, service providers, employees, agents, officers, members, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Service by you, including any use of content other than as expressly authorized in these Terms of Service. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the Services; the Hourly Work provided by you or provided to you; or content uploaded by you to the Site.
17. TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, "intellectual property") appearing in the Services are the property of OLT or the party that provided the intellectual property to OLT. OLT and any party that provides intellectual property to OLT retain all rights with respect to any of their respective intellectual property appearing in the Services. All contents of the Site originating from OLT are: Copyright © 2013 One Less Thing, LLC. All rights reserved.
18. COPYRIGHT INFRINGEMENT. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a notice sent to OLT at email@example.com. Please note that this procedure is exclusively for notifying OLT and its affiliates that your copyrighted material has been infringed. Please include the following:
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Services, including the current Services address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
If you knowingly misrepresent in your notice to OLT that certain materials or activities are infringing, you may be held liable for any damages, including costs and attorneys' fees, incurred by OLT or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
19. SECURITY. Any passwords used for the Site or Services are for individual use only. You will be responsible for the security of your password(s). From time to time, OLT may require that you change your password. You are prohibited from using any services or facilities provided in connection with the Services to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, OLT reserves the right to release your account details to system administrators at other services and/or the authorities in order to assist them in resolving security incidents. OLT reserves the right to investigate suspected violations of these Terms of Service. OLT reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction OLT to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Service.
BY USING THE SERVICES AND ACCEPTING THESE TERMS OF SERVICE YOU WAIVE ALL RIGHTS AND AGREE TO HOLD OLT HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OLT DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OLT OR LAW ENFORCEMENT AUTHORITIES.
20. MISCELLANEOUS. These Terms of Service will be governed and interpreted pursuant to the laws of the state of California, notwithstanding any principles of conflicts of law. You specifically consent to exclusive personal jurisdiction in California in connection with any dispute between you and OLT arising out of these Terms of Service or pertaining to the subject matter hereof. The parties to these Terms of Service each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Service will be in the state and federal courts in San Francisco County, California.
If any part of these Terms of Service is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OLT as a result of this Terms of Service agreement or use of the Services. These Terms of Service constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and OLT with respect to the Services. Notwithstanding the foregoing, any additional terms and conditions regarding the Services will govern the items to which they pertain. OLT may revise these Terms of Service at any time by updating this posting.