These terms govern your use of the Novinye’s Hands (Nɔvinye’s Hands) Products and Services which are part of the Heritage Center Junction. Please also read all applicable terms for the Heritage Center Junction Products and Services carefully before using any Heritage Center Junction Product or Service.
TERMS AND CONDITIONS
Last Updated: December 21, 2024
These Terms and Conditions constitute a legally binding agreement between you and Heritage Center Junction LLC doing business as Novinye’s Hands (Nɔvinye’s Hands) (hereinafter “Novinye’s Hands”, “Nɔvinye’s Hands”, “HCJ”, “HCJunction”, “we”, “us”, “our” ) governing your use of the Nɔvinye’s Hands Platform. Nɔvinye’s Hands’s websites (the “Sites” ), mobile applications (the “Apps” ), and related services, information and communications are collectively referred to as the “Platform.”
The use of all personal data you submit to the Platform or which we collect about you is governed by HCJ’s Privacy Policy (“Privacy Policy”). You acknowledge that by using the Platform you have reviewed the Privacy Policy.
Your consent at registration and continued use of the Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms and the Privacy Policy, as well as any future amendments and additions to this Agreement we may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Platform. We will notify you about material changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our website or Products, so that you can choose whether to continue using our services or Products. Material changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check for updates. Any use of the Products or the services by you after the effective date of any changes will constitute your acceptance of such changes. These Terms supersede all prior versions of the Terms.
The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement”.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE PLATFORM.
THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. PLEASE NOTE, THAT DEPENDING ON YOUR COUNTRY OF RESIDENCE, UNDER CERTAIN CIRCUMSTANCES YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRITATE AUTHORITIES OR COURTS IN THE COUNTRY IN WHICH YOU RESIDE.
FOR U.S AND CANADIAN RESIDENTS, ANY DISPUTES UNDER THESE TERMS WILL BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION, WITH NO CLASS RELIEF.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S. AND CANADIAN USERS, THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.
Your use of the Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Agreement for that country.
I. DESCRIPTION OF SERVICES; LIMITATIONS, USER RESPONSIBILITIES
1.1 We offer various services to help users of our Products to find, coordinate and receive quality services. We provide a platform and online marketplace which enables connections between Clients and Contributors. “Clients” are individuals and/or businesses seeking to obtain short-term services (“Tasks”) from Contributors and are therefore clients of Contributors, and “Contributors” are independent contractors or businesses seeking to perform Tasks for Clients. Clients and Taskers together are hereinafter referred to as “Users.” CONTRIBUTORS ARE INDEPENDENT CONTRACTORS OR INDEPENDENT BUSINESS OWNERS. CONTRIBUTORS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF HERITAGE CENTER JUNCTION. HERITAGE CENTER JUNCTION DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, HERITAGE CENTER JUNCTION OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS (CONTRIBUTORS) WHO WISH TO PERFORM A VARIETY OF TASKS.
1.1.1 We may provide tools and information to help Clients and Contributors make informed decisions such as safety guides and safety resources.
1.1.2 We provide a directory of Contributors from which Clients may contact or request information.
1.1.3 We offer the ability for Clients and Contributors to exchange information and conduct interviews via live video streams through independent third party platforms.
1.1.4 Our services continue to grow and change. Please refer to our site for further information about the services and Products we provide.
1.2 Limitations of our services and Products
1.2.1 We offer services to help Users find, coordinate and receive services for their families, friends, community or business.
1.2.2 We do not employ any Contributors and are not responsible for the conduct, whether online or offline of any Client, Contributor, service provider, or other user of the services or Products. Clients are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish such as payroll, tax and minimum wage laws.
1.2.3 Client and Contributor content is primarily user generated. We do not control and may not vet user-generated content for accuracy. And we do not assume and we expressly disclaim any responsibility for the accuracy or reliability of any information provided by Clients or Contributors on or off the website or Products. We do not assume and we expressly disclaim any liability that may result from the use of information provided on our website and Products.
1.2.4 We do not refer or recommend Clients or Contributors nor do we make any representations about the suitability, reliability, timeliness, or accuracy of the services provided by Contributors or the integrity, responsibility or actions of Clients or Contributors whether in public, private or offline interactions. Any screening of a Client or Contributor and his, her or its information by us is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability as an employer/hirer or service provider.
1.2.5 We are not an employment agency, and we do not secure or procure employees or contractors for any Clients, nor do we secure or procure opportunities for employment for any Contributors.
1.2.6 We do not control, monitor, supervise, or oversee the quality, timing, hours, pay, legality, or any other aspect of services delivered by Contributors, nor do we require Contributors to accept or work any jobs or deliver any services at all.
1.2.7 We do not provide any financial, medical, diagnostic, treatment or clinical service or engage in any conduct that requires a professional license.
1.2.8 We may offer certain Registered Users the opportunity to verify certain information such as their email address, cell phone number, or, in some cases, their state license information and/or professional background. If we indicate that certain information has been verified, it means that the user has complied with the process we have established for verifying such information. However, we do not guarantee, nor do we represent or warrant, that the information is accurate or that it belongs to the Registered User who supplied it.
1.2.9 Please review carefully the Release of Liability Form Third-Party Content and Conduct that appears below for important limitations on our liability to which you are agreeing by using the website, services and Products.
1.3 User Responsibilities: Registered Users are solely responsible for interviewing, vetting, performing background and reference checks on, verifying information provided by, and selecting an appropriate Client or Contributor for themselves or their family or their business or their community. Each Contributor is responsible for complying with all applicable employment and other laws in connection with any employment relationship they establish, including verifying the age of the Contributor they select as well as that Contributor’s eligibility to work in the country or area where the services will be delivered.
II. ELIGIBILITY TO USE THE PRODUCTS AND SERVCES
By requesting to use, registering to use and/or using the website or the services or the Products, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof. You also represent and warrant that you meet the following eligibility criteria.
· You intend to use the website, services or Products solely for the purpose of short-term services.
· Our Services are available only to individuals who are eighteen (18) years of age or older. If you do not meet this age requirement, do not register to use the website, services or Products.
· Neither you nor any member of your household may have ever been the subject of a conviction, arrest, charge, complaint, restraining order or any other legal action involving: any felony; any other criminal offense involving violence, physical, sexual, or emotional abuse or neglect, or theft, drugs; or any offense, violation, or unlawful act that involves endangering the safety of others, fraud, dishonesty, or reckless or negligent conduct.
· Neither you nor any member of your household may have ever been registered, or currently required to register, as a sex offender with any government entity.
III. RULES FOR USER CONDUCT AND USE OF SERVICES
3.1 Registration, Posting and Content Restrictions
· The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through the website, services or Product, whether to us or to other Registered Users or site visitors, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”):
o Any Content that you post, upload or transmit to or through the Site or Services is solely for the purpose of finding a service provider or jobs/projects.
o You are responsible for providing accurate, current and complete information in connection with your use of the website, services and Products.
o You will register your account in your own legal name, even if you are seeking services for another individual or family member.
o Unless otherwise permitted by us, all Content you post will be in English as the website, services and Products are not currently supporting in any other languages yet.
o You are solely responsible for any Content that you post on the website or Products or transmit to other users of the website or Products. You will not post on the website or Products, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from us where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to us or to any other user of the website or Products, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
o You understand and agree that we may, in its sole discretion, review, edit, and delete any Content, in each case in whole or in part, that in our sole judgment violates these Terms or which we determine in our sole discretion might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of users of the website or Products or others.
o You have the right, and hereby grant, to us, our Affiliates, licensees and successors, a revocable, perpetual, non-exclusive, fully paid-up, transferable, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by us will not infringe or violate the rights of any third party.
o Your use of the services or Products, including but not limited to the Content you post on the website or Products, must be in accordance with any and all applicable laws and regulations.
o We welcome your feedback and questions about the website, services and Products. However, you agree that any comments, ideas, messages, questions, suggestions, or other communications you send to us or share with us through any channel (including, without limitation, the website, email, telephone, surveys, and our social media accounts) shall be and remain the exclusive property of the Heritage Center Junction and we may use all such communications, all without notice to, consent from, or compensation to you.
· As Client and Contributor Content is primarily user generated, we do not control or vet such Content for accuracy, and we do not assume and expressly disclaim any responsibility for the accuracy or reliability of any Content provided by Contributors or Clients on or off the website or Products, including any Content that may include misstatements or misrepresentations or that may be defamatory or disparaging. Users hereby represent, understand and agree to hold us harmless for any misstatements misrepresentations, or other disparaging or defamatory statements made by or on behalf of them on this website or on any of our Products or in any other venue.
· Opinions, advice, statements, offers, or other information or content made available on the website or through the website or through the Products, but not directly by us, are those of their respective authors. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the website or available through the services or Products, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the website or through the services or through the Products. Under no circumstances will we or our Affiliates be responsible for any loss or damage resulting from: (a) your reliance on information or other content posted on the website or transmitted to or by any user of the website or Products; or (b) reviews or comments made about you on the website by other users.
· You agree that we have no obligation to remove any reviews or other information posted on the website about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account. The author of a review can always remove or request removal of a review they have written.
3.2 Exclusive Use: If you are a Client, you may use your account only to find services for yourself, your parents, your children, your grandchildren, your aunt, your uncle, your cousins, individuals for whom you are otherwise the legal guardian, or children of another Client with whom you are entering a shared child care arrangement. If you are a Contributor, you may use your account only to find jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3 Prohibited Uses: By using the website or services or our Products, you agree that you will not under any circumstances:
· use the website, services, Products or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
· use the website, services, or Products for any fraudulent or unlawful purpose, or for any other purpose not expressly intended by us;
· harass, abuse or harm another person or group, or attempt to do so;
· use another user’s account;
· provide false or inaccurate information when registering an account, using the services or Products, or communicating with other Registered Users;
· attempt to re-register with us if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being associated with your account;
· interfere or attempt to interfere with the proper functioning of our services and Products;
· make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the website/service/Products or use any software, technology, or device to scrape, spider, or crawl the Products or harvest or manipulate data (whether manually or through automated means);
· use the communication systems provided by or contacts made on our platforms or Products for any commercial solicitation purposes other than those expressly permitted by us;
· publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the amount of messages a user may send in any 24-hour period to an amount which we deem appropriate in our sole discretion.
Should we find that you violated the terms of this section or any terms stated herein, we reserve the right, at its sole discretion, to immediately terminate your use of the website, services and Products. By using the website, services and/or Products, you agree that we may assess, and you will be obligated to pay, $10000 USD per each day that you: (i) maintain Contributor or Client information (including but not limited to, names, addresses, phone numbers, or email addresses) or copyrighted material that you scraped (either directly or indirectly in a manual or automatic manner) from the website/Products, or (ii) otherwise mis-use or mis-appropriate Content, including but not limited to, use on a “mirrored”, competitive, or third party site. This obligation shall be in addition to any other rights we may have under these Terms or applicable law. Further, in order to protect the integrity of the website, services and Products, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Site.
IV. SCOPE OF VERIFICATION OF SERVICE PROVIDERS
By registering for and using the website, services or Products as a Client or Contributor, you hereby acknowledge and agree that we have the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our website, services and Products and its users. Subject to certain additional disclosures and authorizations, if applicable to you as a Contributor, we may order these screenings when you register with us and thereafter in connection with your continued use of our services and/or interaction with our website (such as by contacting or communicating with other members, posting or updating a job or profile, etc.).
· You understand and agree that we may review the information provided by the third-party reporting agency and that we retain the right to terminate your registration based on the information we receive from these checks, even if such information was subsequently changed or corrected. If we terminate your membership or access to the website on the basis of information in a background report, we will notify you and provide you the name and contact information of the reporting agency that created the report. We will also provide you access to a copy of the report unless the reporting agency has already provided you a copy or access to it. You hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it (and not us) within the time period specified in your notice. Notwithstanding this, you agree that we are under no obligation to reinstate any accounts we may have terminated even if the information that led to the termination is subsequently changed or corrected.
· BY AGREEING TO THESE TERMS AND USING OUR SITE, AND, IF APPLICABLE TO YOU AS A CONTRIBUTOR, SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW US TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE PRODUCTS OR SERVICES OR WEBSITE.
By registering as a Contributor or Client, and, if applicable to you as a Contributor, subject to your additional authorization, you authorize us, and acknowledge that for purposes of promoting the safety and integrity of the Products/websites/services, we reserve the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in this agreement addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national and international criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.
· You agree that we may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for the services, website and Products.
· You also hereby represent, understand and expressly agree that we do not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes in accordance with applicable laws.
· BY AGREEING TO THESE TERMS, AND, IF APPLICABLE TO YOU AS A CONTRIBUTOR SUBJECT TO YOUR ADDITIONAL AUTHORIZATION, YOU AGREE TO ALLOW US TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE THE WEBSITE, SERVICES OR PRODUCTS.
There may be some verification and background check limitations that may apply in certain jurisdictions. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
· In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
· If you decide to access, use, or share information provided by a Background Check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold us harmless from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a Background Check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
· You expressly acknowledge that we have no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Registered Users. To the extent we perform such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those users have provided or of their eligibility to use the Services.
V. SCOPE OF RELATIONSHIPS; NO EMPLOYER EMPLOYEE RELATIONSHIP
· We do not employ Users; they are professionals that have a commercial relationship with us, not an employment one.
· We do not employ the service providers, Contributors or any Users. We are not responsible for and will not be liable for any tax payment or withholding, including but not limited to applicable taxes, employer’s liability, social security, or other payroll withholding tax in connection with a User’s use of the platform, website, services or Products. The User assumes full and sole responsibility for all required and applicable income tax and contributions to governmental authorities as to the User and all persons engaged by the User in the performance of the services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
· Users have the obligation to comply with local laws. Users are responsible for issuing any required invoices or receipts to your Clients. Any invoices or receipts should comply with regulations and laws. We are not responsible for issuing these invoices or receipts on your behalf. By accepting these Terms, you acknowledge that we will not issue invoices or receipts on your behalf.
· Users remain at all times fully liable regarding (i) their invoicing or receipt obligations, in particular as regards the content of the invoice(s) or receipt(s) and their mandatory details and (ii) the tax and regulatory consequences deriving from that. More generally, Users remain in charge of filing their tax returns and paying taxes relating to the performed by them for the benefit of the Clients.
· We shall not be held responsible for any breach of User’s tax obligations, it being specified that we shall not be held jointly and severally liable for taxes, interest on overdue taxes, or for any penalties or fines that would be owed by the User. We may deactivate a User’s account or limit their use of the platform, services, website or Products upon a determination from governmental authorities that such User has failed to comply with tax obligations.
· Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. Each Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
VI. TERMINATION
We reserve the right, in our sole discretion, to immediately terminate your access to all or part of the website, services and/or Products, to remove your profile and/or any content posted by or about you from the website, services and/or Products, and/or to terminate your account with us, with or without notice for any reason or no reason in its sole discretion, including without limitation if we should determine that you are not eligible to use the services and/or Products, have violated any terms stated herein or in any of the additional terms, are not suitable for participation as a Registered User, have mis-used or mis-appropriated content, including but not limited to use on a “mirrored,” competitive, or third-party site. Upon termination, we shall be under no obligation to provide you with a copy of any content posted by or about you on the website and/or Products. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
You understand and agree that, following any termination of any individual’s use of the website, services and/or Products, we have the right, but not the obligation, to send a notice of such termination to other Registered Users with whom we believe the individual has corresponded. Our decision to terminate an individual’s registration and/or to notify other Registered Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
VII. LINKS TO EXTERNAL SITES
Links from the website and/or Products to external sites (including external sites that are framed by us) or inclusion of advertisements and other third-party content on the website and/or Products, do not constitute an endorsement by us of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such third-party content, but are for users’ reference and convenience. We do not control third-party sites or content, and are not responsible for them. Such sites and content are governed by their respective owners’ terms of use and privacy policies, and not these Terms or our Privacy Policy.
We expressly disclaim any liability derived from the use and/or viewing of links that may appear on this website and/or Products. All users hereby agree to hold us harmless from any liability that may result from the use of links that may appear on the website and/or Products.
VIII. PAYMENT AND REFUND POLICY
In order to utilize some services or product offerings, the user of such services or product offerings must pay us either a recurring subscription, one-time, or other fees. In addition, the user is responsible for any state, provincial or local sales taxes associated with the services or product offerings purchased.
Billing and Payment
If you sign up for a service or product that includes a one-time or recurring fee such as a paid membership subscription, you agree to pay us all charges associated with the subscription, service, or product you choose, as described on the website at the time you submit your payment information. You also authorize us, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen subscription, service, or product. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
To the extent you elect to purchase other services or product offerings we may offer for a non-recurring fee, you authorize us to charge your chosen payment provider for the services and/or products you purchase. You agree that if we already have your credit card on file as a result of prior purchases you have made, we may charge that credit card for the additional services or products you purchase.
Notwithstanding the foregoing, we will not use your credit card or other personal payment information for any purpose other than to complete your ordering transactions, and we will not maintain records of such credit card or ordering information after the order has been fulfilled and full payment received.
Subscription Renewal and Cancellation
ALL PAID MEMBERSHIP SUBSCRIPTIONS AND RECURRING FEE-BASED SERVICES OR PRODUCTS WILL CONTINUE INDEFINITELY UNTIL CANCELLED BY THE USER.
FOR PAID MEMBERSHIP SUBSCRIPTIONS, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR CHOSEN TERM PERIOD FOR AN ADDITIONAL EQUIVALENT PERIOD AT THE SUBSCRIPTION RATE AND FREQUENCY DISCLOSED TO YOU ON THE WEBSITE WHEN YOU ORIGINALLY SUBSCRIBED, UNLESS OTHERWISE PROVIDED AT THE TIME YOU SUBSCRIBED. IF YOU CHOOSE A SUBSCRIPTION TERM IN EXCESS OF ONE MONTH THAT ALLOWS YOU TO BE CHARGED MONTHLY OVER THE SUBSCRIPTION PERIOD, AND YOU DECIDE TO CANCEL YOUR SUBSCRIPTION DURING THE SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL CONTINUE TO BE BILLED FOR THE SUBSCRIPTION ON A MONTHLY BASIS UNTIL THE END OF THE THEN-CURRENT SUBSCRIPTION TERM.
FOR OTHER SERVICES OR PRODUCTS WITH RECURRING FEES, YOU WILL BE CHARGED THE FEE ASSOCIATED WITH SUCH PRODUCT OR SERVICE AT THE INTERVAL SPECIFIED AT THE TIME OF PURCHASE, UNTIL YOU EXPRESSLY CANCEL THE SERVICE OR PRODUCT.
You may cancel your paid membership subscription at any time by following the instructions on your account settings page. If you cancel a paid subscription, you typically will be permitted to use your subscription until the end of your then-current subscription term. Your paid subscription will not be renewed after your then-current term expires, but your payment method will be charged, and you will be required to pay, any cancellation or other fees associated with your early termination and disclosed to you at the time you signed up for the subscription plan.
Installment Plan Options
From time to time, we may offer products or Services (including but not limited to premium subscriptions) that include an option to pay some or all of the applicable fees in installments. In the case of recurring subscriptions, the installment payment option may apply only to the initial subscription term, and not to any renewal or recurring terms or payments.
By selecting an installment payment option, you agree to pay us all charges associated with the subscription, service, or product you purchase, as described on the website at the time you submit your payment information. You also authorize us, or a third-party payment processor that works on our behalf, to charge your chosen payment method according to the terms of your chosen installment plan.
If you purchase a Service (such as a premium subscription) you agree and understand that, unless otherwise required by applicable law, you are committing to make all of the agreed-upon installment payments, regardless of whether you cancel the purchased service. If you cancel your subscription prior to completing all installment payments due, then, unless otherwise required by applicable law, the remaining balance of the subscription will remain due and payable pursuant to the installment payment schedule you agreed to.
If we are not able to charge any payment to your chosen payment method, we reserve the right to pursue any remedy that may be available to us, including the right to suspend or terminate your premium subscription and/or your account. You agree that we and our Affiliates have no liability related to the exercise of these remedies.
Notwithstanding the foregoing, nothing in this Section is intended to limit or alter our right to terminate your account at any time pursuant to this Agreement.
Refund Policy
Except as set forth in these Terms or as described on the website at the time you make a purchase, all payments for subscriptions, services or products made on or through the website or services are non-refundable, and there are no refunds or credits for unused or partially used subscriptions, services or products, even if you cancel your membership or a subscription, service, or product in the middle of a term.
IX. RELEASE OF LIABILITY FOR CONDUCT AND DISPUTES
By using this website or our Products, you hereby represent, understand, and expressly agree to release and hold us (and our officers, directors, shareholders, employees, parents, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers (“Affiliates”)) harmless from any claim or controversy that may arise out of:
· the actions or inactions of, or the relationship between, you and any Client, Contributor or other user(s) of the website and/or Products; and
· any information, instruction, advice or services created by any Client, Contributor, or other third party that appeared on, or was communicated through, the website and/or Products
We and our Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown, from the above.
X. AGE RESTRICTIONS
We do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and from using our forums and chat areas outside of the supervision of their legal guardian; any information submitted by such users will not knowingly be used, posted, or retained by us.
XI. DISCLAIMERS; WAIVERS; LIMITATIONS; INDEMNIFICATION
No Warranty: The information and materials contained on the website, including text, graphics, information, links or other items are provided “as is,” “as available.” Further, opinions, advice, statements, offers, or other information or content made available through the services and/or Products, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US; (3) WARRANT THAT YOUR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR WEBSITE TO PROVIDE SERVICES AS A CONTRIBUTOR OR TO EMPLOY THE SERVICES OF A CONTRIBUTOR.
YOUR USE OF THE INFORMATION MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
Assumption of Risk: While we take certain steps to help promote the safety of our website and services and Products, finding jobs via an online platform like ours comes with certain inherent risks. We do not provide any training, supervision, or monitoring of Clients or Contributors, and we cannot guarantee that all of your interactions with other Registered Users, site visitors, their families, or others associated with them, will always be 100% safe and respectful. You agree to assume all risks when using the website, services and Products, including but not limited to injury, illness, death, and all other risks associated with any online or offline interactions with users of the website or the services or Products. You also agree not to rely solely on steps we may take to vet or screen Contributors or Clients and/or their Content, or otherwise to promote the safety of the website, services and Products. You further agree to take all necessary precautions, including but not limited to reviewing the recommendations set forth on the website and/or Products, when interacting with other site visitors, Registered Users, their families, and others associated with them.
Limitation of Liability
· Incidental Damages and Aggregate Liability. In no event will we be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the website, services or Products, including without limitation damages related to any information received from the website, services or Products, removal of content from the website including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the website/services/Products, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Heritage Center Junction, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL WE AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE WEBSITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID US FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 USD.
· No Liability for non-HCJ Actions. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES OR THE PRODUCTS OR ANY AGREEMENT OR RELATIONSHIP FORMED USING THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE WEBSITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
· In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the website and/or Products is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. We make no representations or warranties and expressly disclaim any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
Indemnification: By agreeing to these Terms, users of the website and services agree to indemnify, defend and hold us and our Affiliates harmless from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by us and our Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the website, (ii) use of the website or services by you in violation of these Terms or in violation of any applicable law, or (iii) any relationship or agreement formed with a Client or Contributor using the website or services. Users further agree that they will cooperate as reasonably required in the defense of such claims. Us and our Affiliates reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without our written consent. Users further agree to hold us and our Affiliates harmless from any claim arising from a third party’s use of information or materials of any kind that users post to the website and/or Products.
XII. COPYRIGHT NOTICES AND COMPLAINTS
It is our policy to respond to notices of alleged copyright infringement. If you believe any materials accessible on or from our website and/or Products infringe your copyright, you may request removal of those materials (or access thereto) from the website and/or Products by contacting us (see contact details below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
For copyright issues relating to this website and/or Products, contact:
Heritage Center Junction LLC
Attn: Copyright Matters
8409 Lee Highway
Unit 2946
Merrifield, VA 22116
See our contact information page of the website to for e-mail and phone information.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of members and other users of this website and/or Products who are infringers.
XIII. AGREEMENT TO ARBITRATE
· Agreement to Arbitrate: This section is referred to in these Terms as the “Arbitration Agreement”. You agree that all claims relating to or arising out of these Terms or the breach thereof, whether sounding in contract, tort, or otherwise that have arisen or may arise between you and us or an Affiliate, whether relating to these Terms (including any alleged breach thereof), the services, the website, the Products or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement. Your rights will be determined by a neutral arbitrator, not a judge or jury.
· Prohibition of Class and Representative Actions and Non-Individualized Relief:
YOU AND HERITAGE CENTER JUNCTION AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND HERITAGE CENTER JUNCTION EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST US AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
· Pre-Arbitration Dispute Resolution: We are always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration.
· Arbitration Procedures and Costs of Arbitration: If we cannot resolve a claim informally, any and all disputes arising out of, under or in connection with this Agreement or your use of the service or Products, including, without limitation, infringement claims by or against you and/or us, shall be settled by arbitration in Washington D.C., United States, pursuant to the rules of the American Arbitration Association and not in courts of general jurisdiction. Any decision by such an arbitrator shall be binding upon the parties, and the costs of the arbitration shall be borne by the non-prevailing party.
· Confidentiality: All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
XIV. CONSENT TO ELECTRONIC COMMUNICATION
By using the website or Products, you agree to allow us to communicate with you electronically, and you consent to electronic delivery of notices, documents, or products (including, without limitation, reports or copies of background checks and verification checks) from us via our website, online messaging platform, or e-mail. You also agree to check your account, alerts, and messages, and the e-mail account reflected on your account on our website and/or Products on a reasonably regular basis to stay apprised of important notices and information about your account.
XV. SEVERABILITY
If a court decides that any term or provision of these Terms, other than the section on the Prohibition of Class and Representative Actions and Non-Individualized Relief, is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified.
XVI. TRANSLATIONS: In the event of any discrepancy, misstatement, omission or error appearing in the various translations on the particulars and conditions herein, the English version shall prevail.
XVII. CONTACT INFORMATION
Heritage Center Junction LLC
8409 Lee Highway
Unit 2946
Merrifield, VA 22116
Please visit the contact information page of the website for our e-mail and phone information.