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Terms of Use – Just Ask Domestic Help

JADH

Terms of Use

These Terms of Use for Just Ask Domestic Help LLC {JADH} are effective as of January 2017. We expressly reserve the right to change these Terms of Use from time to time without notice to you. By accessing the JADH website or using the services offered by JADH, you are deemed to have agreed to and accepted all the terms and conditions in these Terms of Use. JADH reserves the right to modify these Terms of Use at any time without notice to you. You should check this Terms of Use periodically for changes. By using Just Ask Domestic Help after the posting of any changes to this Terms of Use, you agree to such changes, and acknowledge that you have reviewed them. If at any time you choose not to accept these Terms of Use, please do not access or otherwise use Just Ask Domestic Help.

As used in these Terms of Use, references to employers {Clients} and employees {Candidates} include both heads of household who hire helpers; and helpers who seek and accept positions in the home.

DESCRIPTION OF JUST ASK DOMESTIC HELP

JADH is a domestic help agency that matches heads of household with Candidates who enter their credentials and who verify that they are legally eligible to work in the United States. On occasion we make various ancillary services available including, but not limited to, providing Clients with resources and tools such as salary information and recommendations for domestic help; legal and compliance information regarding hiring help in the home; employment agreement template; and training.

Client uses the JADH website / technology platform to search for a Candidate who matches the job the Client seeks to fill. Client acknowledges and agrees that JADH’s role is to provide a technology platform and a database of Candidates; that it is not JADH’s responsibility or obligation to match Client with Candidate, or to identify a Candidate for a Client; or ao place Candidate into a job. Client will decide, in his or her sole discretion, whether to hire any Candidate identified in the JADH website / database. Client also agrees to perform these services on his / her own, using the JADH technology and understands that under no circumstance is JADH responsible for performing the saerch for Client, manually, online or in any other capacity.

JADH Client agrees to keep JADH Candidate information confidential and not share any JADH Candidate related information with any third party, without the prior written consent of JADH.

We reserve the sole right to either modify or discontinue services provided, at any time, with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services provided by JADH shall also be subject to these Terms of Use.

Just Ask Domestic Help services and website are provided on an “AS-IS” basis. JADH assumes no responsibility for any applicant / candidate’s misrepresentation of him / herself,  improper display of credentials or experience, false references, or any other information provided in Candidate Application / Profile that is not completely accurate or truthful.

OBLIGATIONS | CONDUCT

In order for a Client to engage JADH, Client must Register online. In order for a Candidate to apply for a with JADH, Candidate must Apply online. In either case, all users are required to register and provide certain personal, identifiable information.

You agree to provide only true and correct information in applying or registering with JADH. You are responsible for all activities conducted in entering the information you provide to JADH.

We neither endorse nor assume any liability for false information submitted to the JADH Site.

We are not responsible for any failure or delay in updating the Terms fo Use on our website. You hereby consent to such removal and waive any claim against us arising out of such removal of content.

You may not breach security or make any attempt to gain unauthorized access to another user’s infmation. You shall not interfere with anyone else’s use of the Site or JADH’s services. Users who violate systems or network security may incur criminal or civil liability.

At any time, JADH may remove any Candidate from our Candidate pool at our sole discretion due to past behavior, or to content that is against our judgment, does not comply with these Terms of Use and any other rules of user conduct for our Site, or is otherwise harmful, objectionable, or inaccurate.

At any time, JADH may remove any Client from our Client list at our sole discretion due to past behavior, to expectations JADH deems unreasonable or unrealstic, or due to a lack of ability to provide the service Client requires.

At any time, JADH may remove any Candidate from our Candidate list at our sole discretion due to past behavior, to our gathering of information that we deem unfavorable, due to our learning that Candidate is not legally eligible to work in the US, due to lack of appropriate response in any capacity by Candidate, or due to our belief that Candidate lacks the ability to provide the level of service that our Clients require.

Your use of the JADH webite is subject to all applicable laws, rules and regulations, and you are solely responsible for the substance of your communications through the Site. By registering (Clients) or submitting an Application (Candidates), or submitting information in or otherwise using any communications service, app, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. contains personal identifiable information about a Client or Candidate wihtout his/her prior knowledge;
  3. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  4. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  5. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  7. impersonates any person or entity, including any of our employees or representatives.

JADH has no obligation to monitor or the content contained within the Just Ask Domestic Help website and/or database, and JADH makes no representation or warranty with respect to the veracity, reliability, or completeness of any information found on Just Ask Domestic Help. However, JADH reserves the right to review materials posted or provided to Just Ask Domestic Help and to modify or remove any content in its sole discretion.

SUBMISSION OF CONTENT

JADH does not claim ownership in or to any of the content you provide to Just Ask Domestic Help. However, by submitting content, of type, to Just Ask Domestic Help, you grant {or warrant that the owner of such rights has expressly granted} JADH a perpetual, nonexclusive, world-wide, royalty free license to use your content in any way in connection with Just Ask Domestic Help, including the ability to use, copy, display, distribute, transmit, modify, edit, reformat, and reproduce your content, including any questions, comments, and postings, in their original or edited form, in articles, commentaries, or in any other medium now known or later developed. You also warrant that any “moral rights” in posted materials have been waived. You acknowledge that neither you nor anyone else is entitled to any compensation for such use or display.

LIMITATION OF LIABILITY

JADH AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE (INCLUDING, WITHOUT LIMITATION, INABILITY TO GAIN ACCESS TO OR USE THE SERVICE, LOSS OF DATA, INCOME OR PROFITS), REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS OR SOLD OR RECEIVED THROUGH OR ADVERTISED ON OR IN CONNECTION WITH Just Ask Domestic Help, OR ANY LINKS ON Just Ask Domestic Help. AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH Just Ask Domestic Help OR ANY LINKS ON Just Ask Domestic Help. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY JADH AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND LICENSEES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION {WHETHER IN CONTRACT, TORT, OR OTHERWISE} EXCEED THE LESSER OF AMOUNT PAID BY YOU TO JADH, IF ANY, AND ONE HUNDRED DOLLARS {$100.00}.

THE LIMITATIONS SET FORTH ABOVE SHALL BE DEEMED TO APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THE COMMUNICATION SERVICE IS AT YOUR SOLE RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT JADH IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULLY CONSIDERED THE FOREGOING ALLOCATION OF RISK AND FIND IT REASONABLE, AND THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES REGARDING YOUR USE OF THE SERVICE.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF Just Ask Domestic Help, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Just Ask Domestic Help.

INDEMNIFICATION

You agree to defend, indemnify and hold JADH and its respective licensors, representatives, officers, directors, and employees harmless from all liabilities, claims, costs, and expenses, including attorneys fees that related to or arise out of in any way to your or that of anyone using your password’s use of Just Ask Domestic Help, your posting, downloading or transmission of all content, or from your violation of applicable law or these Terms of Use.

DISCLOSURE

You acknowledge and agree that JADH has the right to monitor Just Ask Domestic Help from time to time and to disclose any information, including your personal information, as necessary or appropriate to satisfy any law, regulation or other governmental request, or to protect itself or its subscribers. JADH will not knowingly or intentionally monitor or disclose private electronic-mail message unless required by law. You acknowledge that JADH will report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, JADH will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

DISCLAIMERS

YOU AGREE THAT USE OF JADH IS ENTIRELY AT YOUR OWN RISK. JADH AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, AFFILIATES, SERVICE PROVIDERS, LICENSORS, AND LICENSEES MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES (A) AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF (1) ANY CONTENT CONTAINED ON OR IN Just Ask Domestic Help, INCLUDING WITHOUT LIMITATION, THE CONTENT THE ELECTRONIC NEWSLETTERS, (2) ANY THIRD PARTY WEBSITE OR INFORMATION ACCESSED THROUGH Just Ask Domestic Help, OR (3) ANY THIRD PARTY INFORMATION, PRODUCTS OR SERVICES APPEARING ON OR IN Just Ask Domestic Help, or (B) OTHERWISE. JADH DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTY PROVIDERS. JADH IS NOT A PARTY TO ANY TRANSACTION BETWEEN SUBSCRIBERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. UNLESS OTHERWISE EXPLICITLY STATED, JADH AND THE CONTENT CONTAINED THEREIN IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services available on this Site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TERMINATION OF USE

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of JADH’s services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this Site immediately ceases, and you acknowledge and agree that we may remove all information related to you and your files and/or bar any further access to such files or our wesite and/or our database. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

MISCELLANEOUS

If any of these Terms or Use is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement relating to the subject matter it contains. These Terms of Use may be modified only by posting of changes to these Terms of Use, or by a writing signed by you. Failure to enforce any portion of these Terms of Use in any instance does not amount to a waiver of the right to enforce such portion in the future. Any inquiries concerning these Terms of Use should be directed to justaskdomestic@gmail.com; A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Use to any party, and any purported attempt to do so will be null and void. We may free assign our rights and obligations under these Terms of Use.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

CONTACT INFORMATION

Except as explicitly noted on this Site, the services available by JADH are offered by Just Ask Domestic Help, LLC, 13611 S. Dixie Highway, No. 437, Miami, FL 33176 | (305) 849-9267. If you notice that any user is violating these Terms of Use, please contact us at justaskdomestic@gmail.com.

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