Publishing Helpers Terms of Service
Last updated: July 30, 2018
These Terms of Service constitute a legally binding agreement between you and Publishing Helpers LLC (“Company” or “Publishing Helpers”) governing your use of the Publishing Helpers Platform (as defined below), Company’s website (www.publishinghelpers.com or the “Site”) or mobile applications (the “Apps”). The Publishing Helpers platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Service Providers and Clients in relation to the services, together are hereinafter collectively referred to as the “Publishing Helpers Platform.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND Publishing Helpers CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 18). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING IF APPLICABLE YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 18) AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Publishing Helpers PLATFORM.
You must be 21 years old and at least the legally required age in the jurisdiction in which you reside, and otherwise capable of entering into binding contracts, in order to use or access the Publishing Helpers Platform. If you are under 21 years old or the age of majority in your jurisdiction, then you may not use or access the Publishing Helpers Platform. Children under 13 years old are prohibited from accessing the Publishing Helpers Platform or otherwise providing any personal information to Publishing Helpers.
A few highlights of these Terms of Service include:
1. The Publishing Helpers Platform Connects Service Providers and Clients
The Publishing Helpers Platform is a web-based communications platform which enables connections between Clients and Service Providers. “Clients” are individuals and/or businesses seeking to obtain assignment services (“Assignments”) from Service Providers and are therefore clients of Service Providers, and “Service Providers” are individuals and/or businesses seeking to perform Assignments for Clients. Clients and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of an Assignment with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PERFORM ASSIGNMENTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM ASSIGNMENTS. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE WORK PERFORMED OR THE ASSIGNMENTS IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE.
The Publishing Helpers Platform only enables connections between Users for the fulfillment of Assignments. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Assignments, Service Providers, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. Company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Assignments requested or services provided by, or the communications of or between, Users identified through the Publishing Helpers Platform, whether in public, private, or offline interactions or otherwise howsoever.
2. User Vetting and User Representations and Warranties
In Company’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Publishing Helpers Platform, including but not limited to a verification of identity, using third party services as appropriate (“Identity Checks”). Although Company may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Publishing Helpers Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Publishing Helpers will not be liable for any false or misleading statements made by Users of the Publishing Helpers Platform. NEITHER Publishing Helpers NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “Publishing Helpers AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Publishing Helpers PLATFORM AND YOU HEREBY RELEASE Publishing Helpers AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE Publishing Helpers PLATFORM.
User Representations and Warranties
You represent and warrant that: (1) you are 21 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Publishing Helpers Platform, including without limitation, if you are using or will or intent to use the Publishing Helpers Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Publishing Helpers Platform.
Service Providers additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.
3. Contract between Clients and Service Providers
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of an Assignment with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Publishing Helpers Platform, and any other contractual terms accepted by both the Service Provider and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Service Provider (or anyone else supplied by the Service Provider), nor will it create an employment relationship between the Client and the Service Provider or any such person. Company’s role is restricted solely to acting as a limited payment collection agent for the Service Provider to facilitate payment on behalf of the Service Provider through the Publishing Helpers Platform in respect of Assignments they perform. In acting as the limited payment collection agent for particular Assignments on the Publishing Helpers Platform, Publishing Helpers disclaims any other agency or authority to act on behalf of the Service Provider, and assumes no liability for any acts or omissions of the Service Provider, either within or outside of the Publishing Helpers Platform.
Where approved in advance by the Client, the Service Provider is not obligated to personally perform the Services. Before any Assignment services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Service Provider (collectively “Assistants”), the Service Provider shall require any such individuals to become fully registered, oriented and verified Service Providers on the Publishing Helpers Platform. A Service Provider’s failure to comply with this provision by bringing an Assistant who is not a registered Service Provider could lead to removal from the Publishing Helpers Platform. The Service Provider assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable state and federal income tax withholdings as to the Service Provider and all persons engaged by the Service Provider in the performance of the Assignment services.
While using the Publishing Helpers Platform, Clients, in their sole discretion, determine whether they will be present or not when an Assignment is performed and/or completed. Clients who elect not to be present when an Assignment is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etcetera) is present when the Assignment is performed, they are appointing that person as their agent (“Client’s Agent”) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client him or herself.
The Client shall pay their Service Provider directly for completed Assignment services through the Payment Service Provider retained by the Company (“PSP”) as indicated on the Publishing Helpers Platform at the rates agreed to by the parties in the Service Agreement. Each party agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of an Assignment. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Publishing Helpers reserves the right to suspend or terminate any account or Assignment pending the resolution of any dispute.
4. Billing and Payment
Users of the Publishing Helpers Platform contract for Assignments directly with other Users. Company will not be a party to any contracts for Assignments or services. Payment for Assignment services through the Publishing Helpers Platform is made directly from the Client to the Service Provider via the PSP, and not by Company. Company is not obligated to pay Service Provider for Client’s failure to pay for services.
Users of the Publishing Helpers Platform will be required to provide their credit card and/or bank account details to Company and the PSP. Service Providers are responsible for invoicing their Clients within 24 hours of the work being performed, even if the Assignment is not completed in its entirety or is designed as “ongoing”. Clients will be responsible for paying the invoice for each Assignment (the “Invoice”), which will include (i) the pricing terms of the Assignment agreed with and provided by a Service Provider (“Assignment Payment”), (ii) any out of pocket expenses agreed with and submitted by a Service Provider in connection with the Assignment, (iii) any tip or gratuity, if applicable, (iv) the service charge Company assesses as payable for the use of the Publishing Helpers Platform, variable based on the Assignment Payment amount, and (v) the platform fee (sometimes referred to as Trust & Support Fee), which is used to offset Company’s cost of providing Users with customer support, providing the Happiness Pledge set forth in Section 12, and other various business objectives, and (vi) cancellation fees, if applicable. Service Providers will be responsible for paying (i) registration fees (applicable to Service Provider registrants), (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Clients may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to an Assignment individually, or Assignments in the aggregate over a 30-day period, exceed $300.00.
Service Providers may be required to register with the PSP, agree to terms of service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Service Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Publishing Helpers is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Publishing Helpers has no obligations or liability to any Service Provider or other party under the PSP Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a very temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between $0.01 US to $5000.00 US, depending on the estimated value of the Assignment and expenses.
When Client receives confirmation through the Publishing Helpers Platform or via email that an Assignment has been completed, Client automatically authorizes the PSP to process the Invoice. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) an Assignment, but cancel it before the scheduled time for performance.
Company reserves the right (but not the obligation), in its sole discretion, upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the Publishing Helpers Platform, to (i) place on hold any Assignment Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.
Assignment Payment and fees must be paid through the PSP as indicated on the Publishing Helpers Platform.
Users of the Publishing Helpers Platform will be liable for any taxes required to be paid on the Assignments provided under the Agreement.
5. Contests, Gift Cards, and Promotional Codes
Company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified, or removed at any time by Company without advance notification. The liability of any of Company’s corporate partners pursuant to such promotional opportunities and contests shall be limited pursuant to Section 16 of these Terms of Service.
Company gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Assignment Payments and Company service charges and platform fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips associated with an Assignment provided through the Publishing Helpers Platform.
Promo Codes are an offer by Company to reduce the amount a Client has to pay in relation to an Assignment Payment, service fee, and/or platform fee. Promo Codes will not affect the amount of the Assignment Payment a Service Provider ultimately receives. You agree that you will use Promo Codes in accordance with the terms of the Promo Code. Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
You agree that you will comply with all Gift Card terms and conditions. Gift Cards are not replaceable if lost or stolen and have no expiration date, but in certain U.S. states, after a period of time, Company may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Company has remitted such cash to a state, the Gift Card may no longer be redeemed and Company may direct the Gift Card holder to that state’s government instead. Gift Cards have no cash value and are not redeemable for cash except in the following thirteen U.S. states where it is required by law to the extent noted below: California, Colorado, Connecticut, Maine, Massachusetts, Montana, New Jersey, Oregon, Rhode Island, Texas, Vermont, Washington, and West Virginia. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:
California < USD 10
Colorado < USD 5
Connecticut < USD 3
Maine < USD 5
Massachusetts < USD 5
Montana < USD 5
New Jersey < USD 5
Oregon < USD 5
Rhode Island < USD 1
Texas < USD 2.50
Vermont < USD 1
Washington < USD 5
West Virginia < USD 1
Simply send your Gift Card along with a self-addressed, stamped envelope to Publishing Helpers.
Company will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If your Gift Card balance is equal to or greater than the cap, or Company can’t verify your residency, Company will return your Gift Card in the envelope provided. Company will be unable to redeem or return your Gift Card without a self-addressed, stamped envelope and is not responsible for mail that doesn’t arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or other Promo Codes. A Gift Card cannot be used as a credit or debit card. Company reserves the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” a Gift Card (i.e., you cannot add value/balance to your Gift Card at this time). If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Company reserves the right to correct the balance of a Gift Card if Company believes that a billing error has occurred. Company disclaims all liability for any such billing errors. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.
6. Public Areas; Acceptable Use
The Publishing Helpers Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Publishing Helpers Platform, you should not share your personal contact information with other Users.
Without limitation, while using the Publishing Helpers Platform, you may not:
Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Publishing Helpers staff, or use information learned from the Publishing Helpers Platform or during the performance of Assignments to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Publishing Helpers Platform;
Use the Publishing Helpers Platform for any unauthorized purpose, including, but not limited to posting or completing an Assignment in violation of local, state, national, or international law;
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
Advertise or offer to sell any goods or services for any commercial purpose through the Publishing Helpers Platform which are not relevant to the Assignment services offered through the Publishing Helpers Platform;
Conduct or forward surveys, contests, pyramid schemes, or chain letters;
Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
Post the same Assignment repeatedly (“Spamming”). Spamming is strictly prohibited;
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Publishing Helpers Platform;
Restrict or inhibit any other User from using and enjoying the Public Areas;
Imply or state that any statements you make are endorsed by Publishing Helpers, without the prior written consent of Publishing Helpers;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Publishing Helpers Platform, or the personal information of others, in any manner;
Frame or utilize framing techniques to enclose the Publishing Helpers Platform or any portion thereof;
Hack or interfere with the Publishing Helpers Platform, its servers or any connected networks;
Adapt, alter, license, sublicense or translate the Publishing Helpers Platform for your own personal or commercial use;
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Publishing Helpers and Affiliates;
Upload content to the Publishing Helpers Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
Use the Publishing Helpers Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Publishing Helpers Platform as set forth herein;
Use the Publishing Helpers Platform to collect usernames and or/email addresses of Users by electronic or other means;
Use the Publishing Helpers Platform or the Assignment services in violation of this Agreement;
Use the Publishing Helpers Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
Attempt to circumvent the payments system or service fees in any way including, but not limited to, processing payments outside of the Publishing Helpers Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Publishing Helpers will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Termination and Suspension
Company may terminate or limit your right to use the Publishing Helpers Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If Company terminates or limits your right to use the Publishing Helpers Platform pursuant to this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Publishing Helpers Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use the Publishing Helpers Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 18 of these Terms of Service.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Publishing Helpers Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Publishing Helpers Platform. Company has the right to restrict anyone from completing registration as a Service Provider if Company believes such person may threaten the safety and integrity of the Publishing Helpers Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Publishing Helpers Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
8. Account, Password, Security, and Mobile Phone Use
You must register with Company and create an account to use the Publishing Helpers Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF FLORIDA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Publishing Helpers Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.
By providing your mobile phone number and using the Publishing Helpers Platform, you hereby affirmatively consent to Publishing Helpers use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (a) perform and improve upon the Publishing Helpers Platform, (b) facilitate the carrying out of Assignments through the Publishing Helpers Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Assignments, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Assignments and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, texting “STOP” in response to any texts, or by emailing opt-out and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing opt-out and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
9. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Publishing Helpers Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Publishing Helpers is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Publishing Helpers has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Publishing Helpers platform at its sole discretion.
You hereby represent and warrant to Company that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Publishing Helpers or purport you to act as a representative or agent of Publishing Helpers; and (i) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
The Publishing Helpers Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Service Provider is the right person for an Assignment. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Publishing Helpers Platform.
Each Service Provider who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the Publishing Helpers Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Service Provider, and use, reproduce, modify, or creative derivatives of such Service Provider picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
Reproduce in all media any recordings of such Service Provider’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Publishing Helpers Platform;
Use, and permit to be used, such Service Provider’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Publishing Helpers Platform in any media; and
Use, and permit to be used, such Service Provider’s name and identity in connection with the Publishing Helpers
Each Service Provider hereby waives all rights and releases Publishing Helpers and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Service Provider’s identity, likeness or voice in connection with the Publishing Helpers Platform.
Each Service Provider acknowledges that Publishing Helpers shall not owe any financial or other remuneration for using the recordings provided hereunder by such Service Provider, either for initial or subsequent transmission or playback, and further acknowledges that Publishing Helpers is not responsible for any expense or liability incurred as a result of such Service Provider’s recordings or participation in any recordings, including any loss of such recording data.
10. Links to Third-Party Websites
The Publishing Helpers Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Publishing Helpers Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Publishing Helpers is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Publishing Helpers has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Publishing Helpers platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Publishing Helpers expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Publishing Helpers Platform. You hereby agree to hold Publishing Helpers harmless from any liability that may result from the use of links that may appear on the Publishing Helpers Platform.
As part of the functionality of the Publishing Helpers Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Publishing Helpers Platform; or (ii) allowing Publishing Helpers to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Publishing Helpers and/or grant Publishing Helpers access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Publishing Helpers to pay any fees or making Publishing Helpers subject to any usage limitations imposed by such third-party service providers. By granting Publishing Helpers access to any Third-Party Accounts, you understand that (i) Publishing Helpers may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Publishing Helpers Platform via your account, including without limitation any friend lists, and (ii) Publishing Helpers may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Publishing Helpers Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Publishing Helpers access to such Third-Party Account is terminated by the third-party service provider, then SNS Content may no longer be available on and through the Publishing Helpers Platform. You will have the ability to disable the connection between your account on the Publishing Helpers Platform and your Third-Party Accounts at any time, as set forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible for any SNS Content.
11. Worker Classification and Withholdings
AS SET FORTH IN SECTION 1, Publishing Helpers DOES NOT PERFORM ASSIGNMENTS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM ASSIGNMENTS. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Publishing Helpers does not, in any way, supervise, scope, direct, control or monitor a Service Provider’s work or Assignments performed in any manner. Company does not set a Service Provider’s work hours or location of work. Publishing Helpers will not provide any equipment, labor or materials needed for a particular Assignment. Publishing Helpers does not provide any supervision to Users.
The Publishing Helpers Platform is not an employment service and Publishing Helpers is not an employer of any User. As such, Publishing Helpers is not responsible for and will not be liable for workman’s compensation or any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Publishing Helpers Platform.
12. Disclaimer of Warranties
(a) Use of The Publishing Helpers Platform Is Entirely At Your Own Risk
THE Publishing Helpers PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Publishing Helpers MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE Publishing Helpers PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE Publishing Helpers PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Publishing Helpers PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
Publishing Helpers does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Publishing Helpers Platform or any hyperlinked website or featured in any banner or other advertising, and Publishing Helpers will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Publishing Helpers and Affiliates do not warrant that access to the Publishing Helpers Platform will be uninterrupted or that the Publishing Helpers Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Publishing Helpers Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Assignment, service, information or materials provided through or in connection with the use of the Publishing Helpers Platform. Publishing Helpers and Affiliates are not responsible for the conduct, whether online or offline, of any User. Publishing Helpers and Affiliates do not warrant that the Publishing Helpers Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Publishing Helpers and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Notwithstanding any feature a Client may use to expedite Publishing Helpers selection, each Client is responsible for determining the Assignment and selecting their Service Provider and Publishing Helpers does not warrant any goods or services purchased by a Client and does not recommend any particular Service Provider. Publishing Helpers does not provide any warranties or guarantees regarding any Service Provider’s professional accreditation, registration or license.
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
(b) No Liability
You acknowledge and agree that Publishing Helpers is only willing to provide the Publishing Helpers Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Publishing Helpers and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Publishing Helpers Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Publishing Helpers and Affiliates and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL Publishing Helpers AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY Publishing Helpers, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE Publishing Helpers PLATFORM OR THE ASSIGNMENT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
Publishing Helpers AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS Publishing Helpers PLATFORM. Publishing Helpers AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE Publishing Helpers PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT Publishing Helpers AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
THE Publishing Helpers PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE Publishing Helpers IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE ASSIGNMENT, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE Publishing Helpers AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
You hereby agree to indemnify, defend, and hold harmless Publishing Helpers and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Publishing Helpers Platform or Assignment Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Publishing Helpers Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Publishing Helpers reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Publishing Helpers.
14. Dispute Resolution – Arbitration & Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND Publishing Helpers CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND Publishing Helpers TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Publishing Helpers (each a “Claim” and collectively “Claims”), you and Publishing Helpers agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Publishing Helpers, 2611 Harmony Avenue, North Fort Myers, FL 33917 Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or Publishing Helpers may initiate arbitration while engaging in the informal negotiations.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if you or Publishing Helpers believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).
(b) Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND Publishing Helpers MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate contained in this Section 18 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company.
Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Publishing Helpers Platform, services, or Assignments; your relationship with Publishing Helpers; the threatened or actual suspension, deactivation or termination of your User Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any city, county, state or federal wage-hour law; compensation, breaks and rests periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress; any promotions or offers made by Company; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims.
If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Publishing Helpers agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND Publishing Helpers ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
(c) Agreement Prohibiting Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Publishing Helpers agree that any arbitration will be limited to the Claim between Publishing Helpers and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND Publishing Helpers ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“CLASS ACTION WAIVER”). Further, unless both you and Publishing Helpers otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to Private Attorney General Act Claims brought against Company, which are addressed separately in Section 18(d) below.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(d) Rules and Logistics Governing Arbitration
The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and Publishing Helpers agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, both you and Company will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:
(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees.
(ii) If a Client or Service Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Company will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(iii) If a Client or Service Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Service Provider shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they provide Services to Clients, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the applicable AAA Rules.
(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
Unless you and Company agree otherwise, any arbitration hearings between Company and a Service Provider will take place in the county of your billing address, and any arbitration hearings between Company and a Client will take place in the county in which you received Assignment services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
(f) Exceptions to Arbitration
The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:
Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 18(d) is deemed unenforceable by a court of competent jurisdiction; and
Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision and do not prevent you from receiving an award for information provided to any government agencies.
Except as otherwise provided in the severability provisions in Sections 18(c) and 18(d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(h) Right to Opt Out of Arbitration Agreement
If you are a Service Provider, you may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification to Company at Publishing Helpers, 2611 Harmony Avenue, North Fort Myers, FL 33917 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.
15. Governing Law
Except as provided in Section 18 or expressly provided otherwise, this Agreement and your use of the Publishing Helpers Platform will be governed by, and will be construed under, the laws of the State of Florida, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Florida law to interpret this Agreement and is not intended to create any substantive right to non-Floridians to assert claims under Florida law whether by statute, common law, or otherwise.
16. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. General Provisions
Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” in Section 18, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 21 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.
Service Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Assignments. Indeed, certain types of Assignments and services may be prohibited altogether, and it is the responsibility of Service Providers to avoid such prohibited Assignments and services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Assignments and services on the platform, you can and should first seek separate legal guidance.
Because Publishing Helpers does not oversee, monitor or supervise the posting, scoping or performance of Assignments, Clients must determine for themselves whether a Service Provider is qualified to perform the specific Assignment at hand. Clients may wish to consult their state or local requirements to determine whether certain Assignments are required to be performed by a licensed professional.
19. Changes to this Agreement and the Publishing Helpers Platform
20. No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.
21. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Publishing Helpers Platform, please contact us by email or by mail to 2611 Harmony Avenue, North Fort Myers, FL 33917.
The Short Version
At Publishing Helpers we care about your privacy. We do not sell or rent your personal information to third parties for their direct marketing purposes without your explicit consent. We do not disclose it to others except as disclosed in this Policy or required to provide you with the services of the Site and mobile applications, meaning – to allow you to buy, sell, share the information you want to share on the Site; to contribute on the forum; pay for products; post reviews and so on; or where we have a legal obligation to do so.
We collect information that you provide us or voluntarily share with other users, and also some general technical information that is automatically gathered by our systems, such as IP address, browser information and cookies to enable you to have a better user experience and a more personalized browsing experience.
We will not share information that you provide us in the process of the registration – including your contact information – except as described in this Policy.
Information that you choose to publish on the Site (photos, videos, text, music, reviews, deliveries) – is no longer private, just like any information you publish online.
Technical information that is gathered by our systems, or third party systems, automatically may be used for Site operation, optimization, analytics, content promotion and enhancement of user experience. We may use your information to contact you – to provide notices related to your activities, or offer you promotions and general updates, but we will not let any other person, including sellers and buyers, contact you, other than through your user profile on the Site.
Your personal information may be stored in systems based around the world, and may be processed by third party service providers acting on our behalf. These providers may be based in countries that do not provide an equivalent level of protection for privacy as that enjoyed in the country in which you live. In that case, we will provide for adequate safeguards to protect your personal information.
You can exercise your rights over your personal information, by opening a Customer Service Ticket. If you do not have an active Publishing Helpers account, please contact us. More details about the rights applicable to you are in the long version of the Policy.
The above are just the highlights. We encourage you to read more about the information we collect, how we use it, understand the meaning of cookie (no, you can’t eat it) and more in the long version of our Policy below.
The Longer Version
Publishing Helpers (including www.publishinghelpers.com, ILMC LLC. and its affiliates) respects your privacy and is committed to protect the personal information of its users – buyers, sellers, and visitors browsing the Site (“Users”). We believe that you have a right to know our practices regarding the information we may collect when you visit and/or use the Site. This Policy explains our privacy practices for the Site and services provided by Publishing Helpers. By accessing and/or using the Site and its related sites, applications, services, goods and/or registering for a Publishing Helpers account, you agree to the terms and conditions of this Policy, including to our collection, use, disclosure, processing and retention of your personal information. You can also learn how to limit sharing of information in this Policy.
Information We Collect
When you register to the Site we ask you to provide certain personal information, including a valid email address, location, facebook or google account log in details and username. We may collect additional information such as physical address, telephone number or other contact details and additional authentication information, to provide you with the services you need (such as payment or withdrawal of funds, sending physical goods), or to ensure the marketplace integrity (for example, prevention of fraud).
In addition, we collect information while you access, browse, view or otherwise use the Site. In other words, when you access the Site we are aware of your usage of the Site, and may gather, collect and record the information relating to such usage, including geo-location information, IP address, device and connection information, browser information and web-log information, and all communications recorded by Users through the Site. We use that information to enhance user experience, personalize your browsing experience as well as monitor the Site for preventing fraud and inappropriate content or behaviour. We may also collect supplemental information obtained from third parties such as demographic and navigation data.
Additionally, in order to improve your online experience at Publishing Helpers, we have implemented impression reporting. While you view our ads, we may gather user Global Unique Identifier, HTTP request data like, user agent, IP, host, url, country/continent from which request made, browser info, device/operating system/operating system version.
Once you register, your username and additional information regarding your activity is made public and is visible to all Users of the Site. This information includes photos you upload, your published portfolio, Assignment information, ratings, and additional information you may choose to add to your profile.
How do we collect Information?
How do we use the Information collected?
Where relevant under applicable laws, all processing of your personal information will be justified by a “condition” for processing. In the majority of cases, processing will be justified on the basis that:
you have provided your consent for us to use your personal information for a specific purpose;
our use of your personal information is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with services which you have purchased);
the processing is necessary to comply with a relevant legal obligation or regulatory obligation that we have (e.g. fraud prevention); or
the processing is necessary to support our legitimate interests as a business (e.g. to improve our services to you or to customize your browsing experience), subject to your interests and fundamental rights and provided it is conducted at all times in a way that is proportionate.
We will use your personal information for the following purposes:
to provide you with quality service and security. For example, we may use the information collected from you to verify your identity. We may also use this information to establish and set up your account, verify or re-issue a password, log your activity and contact you from time to time. The information helps us improve our services to you and customize your browsing experience. In addition, this information helps us track any fraudulent activities and other inappropriate activities and monitor content integrity; or
to maintain appropriate business records, to comply with lawful requests by public authorities and to comply with applicable laws and regulations or as otherwise required by law. Should you ever deactivate your account with us, we will keep your information for a limited period in order to meet the above purposes.
We will ask for your consent before using information for a purpose other than those set out in this Policy.
We may use your personal information to send you direct marketing communications about our products, services or promotions from Publishing Helpers that may be of interest to you or our related services. This may be via email, post, SMS, telephone or targeted online advertisements.
In most cases our processing of your personal information for marketing purposes is based on our legitimate interest, although some cases (such as where required by law) may be based on your consent. You have a right to prevent direct marketing of any form at any time – this can be exercised by following the opt-out link attached to each communication or by sending an email to us.
We take steps to limit direct marketing to a reasonable and proportionate level, and to send you communications which we believe may be of interest or relevance to you, based on the information we have about you.
How long do we keep your information?
We apply a general rule of keeping personal information only for as long as is required to fulfil the purpose for which it was collected. However, in some circumstances we may retain your personal information for longer periods of time. We may retain your information for the following purposes:
as long as it is necessary and relevant for our operations, e.g. so that we have an accurate record of your dealings with us in the event of any complaints or challenge; and
we may retain personal information from closed accounts to comply with applicable laws, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Site terms and take other actions as permitted by law.
Children Under the Age of 13
Our Site is not intended for children under 13 years of age. No one under age 13 should provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. Parents and guardians should at all times supervise their children’s activities. If we learn we have collected or received personal information from a child under 13, we will delete that personal information. If you believe we might have any information from or about a child under 13, please contact us.
Sharing Personal Information with Third Parties
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.
We may combine your personal information with information we collect automatically or obtain from other companies and use it to improve and personalize our services, content and advertising. If you do not wish to receive marketing communications from us, you can opt-out through the link attached to each communication or by sending an email to us.
We may provide your personal details to third parties, only in order to operate the Site, provide our services to you, fulfil obligations imposed on us by applicable laws and regulations, and prevent fraud and illegal activities, as detailed below:
to service providers for the purpose of opening and operating your account as well as providing ancillary services (example – payment vendors, CRM systems, forum hosting, community management services, mailing systems or technical consultants). Our contracts with these service providers do not permit use of your information for their own (marketing) purposes. Consistent with applicable legal requirements, we take commercially reasonable steps to require third parties to adequately safeguard your personal information and only process it in accordance with our instructions;
to respond to a subpoena or court order, judicial process or to regulatory authorities, if we believe we are required to do so by law, or that doing so is reasonably necessary to comply with legal processes; when we believe it necessary or appropriate to disclose personal information to law enforcement authorities, such as to investigate actual or suspected fraud or violations of law, breaches of security, or breaches of this Policy; to respond to claims against us; and to protect the rights, property, or personal safety of Publishing Helpers, our customers, or the public;
your personal information may be disclosed if we go through a business transition such as a merger, sale, transfer of all or a portion of Publishing Helpers’s assets, acquisition, bankruptcy or similar event.
Where We Store Your Personal Information
Some of the personal information you provide to us may be stored or processed on our behalf by third party suppliers and data processors and may be located in other jurisdictions, such as the United States and Israel, whose laws may differ from the jurisdiction in which you live. Whether to third parties or internally, any transfers of personal information from the European Economic Area (“EEA”) to countries not deemed to provide an adequate level of data protection are governed by European Union (EU) standard contractual clauses, or in the case of the United States, the EU – US Privacy Shield, and/or equivalent data transfer regulations to protect the security and confidentiality of personal information. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Policy.
When you visit the Site, we may use industry-wide technologies such as “cookies” (or similar technologies), which store certain information on your computer and which will allow us, among other things, to enable automatic sign-in to the Site, make your browsing much more convenient and effortless and allow us to test user experience and offer you personalized browsing or promotions. By continuing to use this Site, you are agreeing to our placing cookies on your computer or device in accordance with the terms of this Policy.
The following is a more detailed explanation of the types of cookies we use:
Necessary cookies are essential and help you navigate the Site. This helps to support security and basic functionality and are necessary for the proper operation of the Site, so if you block these cookies we can’t guarantee your use or the security during your visit.
Performance cookies help us to understand the behaviour of users of the Site. This allows us to continuously improve the Site to provide the best information in support of our project aims. These cookies are also used to help us understand how effective our Site is; for instance these cookies tell us which pages visitors go to most often and if they get error messages from web pages. All of the information that these cookies collect is aggregated, to assist us to improve how the Site works. Some of these cookies are managed by third parties, and you may refer to the third parties’ own website privacy notifications for further information. In particular, we use Google Analytics cookies to obtain an overall view of user habits and volumes, and to help improve the overall experience on the Site. Google Analytics is a third-party web analysis service provided by Google Inc, which uses performance cookies and targeting cookies. The information generated by these cookies about your use of the Site (including your IP address) will be transmitted to and stored by Google Inc on servers in the United States.
If you prevent these cookies, we cannot guarantee how the Site will perform for you.
Blocking or Deleting Cookies
The following links may assist you in managing your cookies settings, or you can use the ‘help’ option in your internet browser for more details:
Adobe (flash cookies)
Information on deleting or controlling cookies is also available at www.aboutcookies.org (note that this website is not provided by Publishing Helpers, and we therefore cannot ensure its accuracy, completeness or availability). It is important to remember that many of our services may not function properly if your cookies are disabled. For example, cookies may, in certain cases, save you from the need to enter usernames and passwords, and allow session continuity.
We take great care in maintaining the security of the Site and your information and in preventing unauthorized access, loss, misuse, alteration, destruction or damage to it through industry standard technologies and internal procedures. We contractually ensure that any third party processing your personal information equally provide for confidentiality and integrity of your data in a secure way. The transmission of data via the internet is not completely secure, and although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your data, we will use strict procedures and security features to try to prevent unauthorized access.
Users who have registered to the Site agree to keep their password in strict confidence and not disclose such password to any third party.
Further information about our data security practices can be provided on request.
Rights of Users Under EU Regulation
Under applicable EU regulation, as of May 25, 2018 you may have some or all of the following rights in respect of your personal information:
to obtain a copy of your personal information together with information about how and on what basis that personal information is processed;
to rectify inaccurate personal information;
to erase your personal information in limited circumstances where it is no longer necessary in relation to the purposes for which it was collected or processed;
to restrict processing of your personal information where: (a) the accuracy of the personal information is contested; (b) the processing is unlawful but you object to the erasure of the personal information; (c) we no longer require the personal information for the purposes for which it was collected, but it is required for the establishment, exercise or defense of a legal claim;
to challenge processing which we have justified on the basis of our legitimate interest;
to object to decisions which are based solely on automated processing or profiling;
to obtain a portable copy of your personal information, or to have a copy transferred to a third party controller; or
to obtain a copy of or access to safeguards under which your personal information is transferred outside of the EEA.
In addition to the above, you have the right to lodge a complaint with a supervisory authority for data protection.
We may ask you for additional data to confirm your identity and for security purposes, before disclosing data requested to you. We reserve the right to charge a fee where permitted by law. We may also decline to process requests that jeopardize the privacy of others, are extremely impractical, or would cause us to take any action that is not permissible under applicable laws. Additionally, as permitted by applicable laws, we may need to retain certain personal information for a limited period of time for record-keeping, accounting and fraud prevention purposes.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits California residents that are users of our Site to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to us.
Updating Your Information
We take steps to ensure that the personal information we collect is accurate and up to date, and we provide you with the opportunity to update your information through your account profile settings. In the event that you believe your information is in any way incorrect or inaccurate, please let us know immediately. We will make sure we investigate the matter and correct any inaccuracies as quickly as possible where necessary or give you ways to update it quickly or to delete it – unless we have to keep that information for legitimate business or legal purposes. When updating your personal information, we may ask you to verify your identity before we can act on your request. If for any reason you have a problem with deleting your personal information, please contact Publishing Helpers’s Customer Support and we will make reasonable efforts to delete any such information pursuant to any applicable privacy laws.
You can review and change your personal information by logging into the Site and visiting your account profile page.
If you delete your User Generated Content (“UGC”), as defined in the Publishing Helpers Terms of Service, from the Site, copies of your UGC may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including UGC, is governed by our Terms of Service.
We reserve the right to change this Policy at any time, so please re-visit this page frequently.
Changes to this Policy are effective as of the stated “Last Update” and your continued use of the Site on or after the Last Update date will constitute acceptance of, and agreement to be bound by, those changes.
To exercise any of your rights in connection with your personal information, we kindly ask that you open a Customer Relations ticket. Please include all the relevant details, so your ticket can be handled correctly. We will process any requests in line with any local laws and our policies and procedures. If you do not have an active Publishing Helpers account, please contact us.
If you have any questions (or comments) concerning this Policy, please email to us and we will make an effort to reply within a reasonable timeframe.
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