TERMS OF SERVICE
Effective January 14, 2021
Carefully read this User Agreement which is part of our "Terms of Service,” as defined below. It contains information regarding your legal rights, remedies, and obligations. These include various limitations, exclusions, a binding-arbitration agreement, and a class-action waiver.
This User Agreement (“Agreement”) is a contract between you (“you” or “User”) and JOINER Services LLC (“JOINER”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at www.JoinerServices.io or any part of the rest of the Site or Services.
Subject to the conditions set forth in this Agreement, JOINER may, in its sole discretion, amend this Agreement and the Terms of Service at any time by posting a revised version on the Site, or notifying you by email. JOINER will provide reasonable advance notice of any amendment that includes a Substantial Change, by posting the updated Terms of Service on the Site, providing notice on the Site, or sending you notice by email. Any revisions to the Terms of Service will take effect on the noted Effective Date (each, as applicable, the “Effective Date”).
If you agree to the Terms of Service on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms of Service and agree that you are binding both you and that entity or agency to the Terms of Service. In that event, “you” and “your” will refer and apply to you and that entity or agency.
By registering for an Account to use the Site or Site Services (“Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
JOINER offers the Site and Site Services for your business purposes only. To register for an Account or use the Site and Site Services, you must: (i) be an employee or agent of and authorized to act for and bind an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (ii) use the Site and Site Services for business purposes only; (iii) comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting; and (iv) be a legal entity or an individual who is 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.
To register for an Account to join the Site, you must complete a User Profile (“Profile”), which you consent to be shown to other Users and the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides, and to correct any such information that is or becomes false or misleading.
As described in this Section, there are two different Account types. You agree not to have or register for more than one Account without express-written permission from JOINER. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those linked Accounts without warning if, in our sole discretion, we believe that false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You can register for an Account to use the Site and Site Services as a Client (“Business Account”). Each User under a Client Account (“Team Member”) can be given permission to act on behalf of the Client Account. Client Accounts can only view Contractor Accounts and cannot view other Client Accounts.
You can register for an Account or add an Account type to use the Site and Site Services as a Contractor (“Contractor Account”). Contractor Accounts can only view Projects and cannot view other Contractor Accounts.
You may not request or allow another person to create an Account for your benefit, other than an authorized agent may create an Account on behalf a business. Granting other Users permission under your Account, including as a Team Member or Agency Member, you (i) the User is authorized to act on your behalf; and (ii) you are liable for the User’s acts. If any such User violates the Terms of Service, it may affect your ability to use the Site and Site Services. Upon closure of an Account, JOINER may close any related Accounts.
JOINER will verify to its satisfaction and at its discretion your identity, location, email address, educational background, resume, financial accounts and ability to act on behalf of your business. When requested, you must promptly provide us with whatever information we request, but while we are verifying your Account, some features may be limited.
Each person who uses the Site must register for their own Account. You must safeguard and maintain the confidentiality of your username and password. You must not share your username or password with any person. You are liable for the acts of any person using the Site with your username and password either is you or is authorized to act for you. You must notify us immediately if you suspect any unauthorized use of your Account. You must not to use the Account or log in with the username and password of another User (i) you are not authorized to use both or (ii) the use would violate the Terms of Service.
The Site is a marketplace where Clients and Contractors can identify each other and advertise and buy Contract Services online. Subject to the Terms of Service, JOINER provides the Site Services to Users, including hosting and maintaining the Site, facilitating Service Contracts, and assisting Users resolve disputes that may arise in connection with those Service Contracts.
JOINER makes the Site and Site Services available to enable Contractors and Clients to find and transact directly with each other. JOINER does not (i) introduce Contractors to Clients, (ii) find Projects for Contractors, or find (iii) Contractors for Clients. Through the Site and Site Services, Contractors may be notified of Clients that are seeking the services they offer, and Clients may be notified of Contractors who offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or Contractor. If Users decide to enter into a Service Contract, the Service Contracts are between the Users and JOINER, as JOINER is a party to the Service Contracts.
Users are responsible for: (i) ensuring the accuracy and legality of any User Content; (ii) determining the suitability of other Users for a Service. You must assess whether to enter into a Service Contract with another User and verify any information about another User, including Composite Information. JOINER does not make any representations about or guarantee the truth of User Content on the Site. JOINER does not guarantee the work of Contractors. Also, JOINER does not, supervise, direct, control, or evaluate Contractors or their work and is not responsible for any Project, Project terms, or Work Product. JOINER makes no representations about, and does not guarantee, and JOINER is not responsible for, (i) the quality, safety, or legality of Contractor Services, (ii) the qualifications, background, or identities of Users, (iii) Contractors’ ability to deliver Contractor Services, or (iv) User Content and statements or posts made by Users. While JOINER may provide certain badges on Contractor Profiles, such badges are not a warranty of quality, ability, or willingness of the Contractor to complete a Project.
Contractors and have the discretion to determine which Projects to accept. Contractors are not employees of JOINER or eligible for benefits of employment (e.g. unemployment benefits, workers compensation insurance, etc.). JOINER is not liable for any act or omissions by Contractors or other Users, including or those related to Service Contracts. JOINER does not supervise, direct, or control any Contractor. JOINER does not impose quality standards or a deadline to complete a Service Contract. JOINER does not dictate how a Contractor performs Services. Clients determine when to perform a Project, including the days worked, hours worked, work schedule, and work location. JOINER has no control over Contractor’s pricing, work schedule, or work location. Contractors will be paid at such times and amounts as set forth in a given Project Service Contract. JOINER does not guarantee the Contractor a regular salary or a minimum, regular payment. JOINER does not provide (i) Contractors with training or any equipment, labor, tools, or materials related to any Project Service Contract, (ii) the premises at which Contractors will perform the work, or (iii). shipping services for any physical Work Product. Contractor my not use subcontractors or employees, in place of himself or herself.
Nothing in this Agreement is intended to prohibit or discourage a User from engaging in other business activities or providing services through other channels, provided that Users comply with the Opt Out provisions described in this Agreement. Users may and are encouraged to engage in other business activities and services.
Contractor must: (i) pay tax liability in connection with payments received through JOINER, and JOINER will not withhold taxes from payments to Contractor; (ii) to obtain liability, health, workers’ compensation, disability, unemployment, or other insurance desired, or required by law, and JOINER doesn’t provide Contractor any insurance; and (iii) if outside of the United States, notify JOINER of my obligation to withhold any Contractor Fees. If JOINER is audited, Contractor must promptly cooperate with JOINER and provide copies of Contractor’s tax returns and other documents for purposes of such audit, including records showing Contractor is engaging in an independent business as represented to JOINER.
Users publish information on the Site about the User, such as feedback, composite feedback, geographical location, and their credentials. Such information is based solely on unverifiable data Users voluntarily submit it is not an introduction, endorsement, or recommendation by JOINER. This information is provided solely for the convenience of Users.
You want composite or compiled feedback about Users, including yourself, posted on User Profiles and elsewhere on the Site. Feedback results for you, including your true star rating and would hire again (collectively, “Composite Information”), includes feedback left exclusively by other Users. JOINER will make Composite Information available to other Users. JOINER provides its feedback system as a means through which Users can share their opinions of other Users publicly, and JOINER does not monitor, influence, contribute to, or censor these opinions. Posted Composite Information relates only to the business advertised in the Profile and not to any individual person.
JOINER does not investigate remarks posted by Users or other User Content for accuracy or reliability, and it does not guarantee that User Content is accurate. You are solely responsible for your User Content, including its accuracy, and are solely responsible for any legal action that may be instituted as a result of or in connection with your User Content. JOINER is not responsible for feedback or comments posted on the Site, even if that information is defamatory or otherwise legally actionable. To protect the integrity of the feedback system and protect Users from abuse, JOINER reserves the right (but is under no obligation) to remove posted feedback or information that, in JOINER’s sole judgment, violates the Terms of Service or negatively affects our marketplace, diminishes the integrity of the feedback system, or otherwise is inconsistent with the business interests of JOINER. You must notify JOINER of errors in your feedback results, including the Composite Information.
If a Client and Contractor chooses to enter into a work relationship, JOINER will create the Service Contracts. JOINER is a party to any Service Contract. Users entering a Service Contract does not create a relationship between either or both of them and JOINER, other than expressly set forth in the Service Contract.
The Client Service Contract is a contract between JOINER and a Client. Under this Service Contract, the Client must pay JOINER the hourly rate set forth in this contract for the work a Contractor performs.
The Project Service Contract is between JOINER and the Contractor. Under the Project Service Contract, JOINER must pay the Contractor the hourly rate set forth in this contract for the Client’s Project.
With respect to any Service Contract, Clients and Contractors may enter into ancillary agreements that do not conflict with or modify JOINER’s rights or their obligations under the Terms of Service or Service Contracts.
For disputes arising between Clients and Contractors, you must (i) negotiate in good faith to resolve the issue, and (ii) if unsuccessful, submit it to binding arbitration. JOINER will not and is not obligated to provide any dispute assistance.
A Contractor or Client must not request an order from any arbitrator or court that directs JOINER to take any action unless it includes a provision that JOINER be paid the amount to which it would otherwise be entitled.
To the extent a User provides Confidential Information to another User, the recipient must protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies in its possession or control.
Nothing in this Agreement creates a partnership, joint venture, franchisor-franchisee, or employer-employee relationship between JOINER and a User.
Client has complete discretion with regard to selecting a Contractor for a Project. Clients should engage Contractors as independent Contractors. Client must engage Contractors consistent with applicable laws. JOINER has no involvement in, and has no liability arising from or relating to the classification of a Contractor generally or with regard to a particular Project.
Contractors must pay JOINER fees for using the Service. When a Client pays JOINER for a Project, or funds related to a Project are otherwise released, JOINER will credit the Contractors Account. JOINER must deduct the fees from the Project Service Contract that are included in the Project price for itself. If the Contractor withdraws funds in a currency other than U.S. dollars, JOINER may impose a foreign-currency-conversion charge that differs from rates that are in the Project Service Contract. JOINER will conduct background checks on Contractors for a proper fee.
Clients must pay JOINER a recruiting fee of 3 months’ salary if they or an affiliate hire a Contractor within 12 months after the Client Service Contract is completed.
JOINER does not introduce Clients to Contractors or help Contractors secure Projects. JOINER makes the Site and Site Services available to enable Users to do so themselves. Therefore, JOINER does not charge a fee when a Contractor finds a suitable Client, or vice versa. In addition, JOINER does not charge a fee or dues for posting feedback.
JOINER will invoice the Client for fees on a weekly basis, and Client will pay invoices consistent with the Client Service Contract. Failure by Client to dispute an Hourly Invoice is an acknowledgement of its validity.
If the Client fails to pay any amounts due, JOINER must seek any remedies under this section or applicable law. Client is in default on the earliest occurrence of any of the following: (i) Client fails to pay an invoice issued to the Client by JOINER within the time period agreed, or within 30 days; (ii) Client initiates a chargeback resulting in a charge made by JOINER being reversed to the Client; or (iii) Client takes or fails to take an action that results in a negative or past-due balance on the Client’s Account.
If Client is in default, JOINER may, without notice, close Client’s Account and revoke Client’s access to the Site and Site Services. However, Client remains responsible for any amounts that accrue on open Projects when a limitation is put on the Client’s Account. Without limiting other available remedies, Client must pay JOINER any amounts owed, plus interest on the outstanding amount at the lesser of 5% per month or the maximum interest allowed by applicable law, plus attorney fees and other costs of collection.
At our discretion, JOINER may, without notice, (i) charge any amount that Client owes JOINER to any Payment Method on file on the Client’s Account, (ii) set off amounts due against other amounts received from Client or held by for Client by JOINER, and (iii) make appropriate reports to credit-reporting agencies and law enforcement authorities.
JOINER is not liable for the Client Service Contract if Client is in default. Contractors may pursue other remedies against Client as Contractor chooses. If JOINER recovers funds from a Client under this section, JOINER will disburse any portion owed under a Project Service Contract to the applicable Contractor to the extent credited by JOINER.
JOINER will charge or debit to Client’s designated Payment Method for the Client Service Contract. Charges or debits the Client’s designated Payment Method for the Client Service Contract is non-refundable, except as otherwise required by applicable law. The Terms of Service provide a dispute-resolution process to resolve Client disputes. Client may not ask its credit card company, bank, or other Payment Method provider to charge back any payment under the Terms of Service for any reason. A chargeback in breach of the foregoing obligation materially breaches the Terms of Service. If Client initiates a chargeback, JOINER may dispute the chargeback and protect its rights as it deems appropriate.
Client must provide account information for at least one valid Payment Method.
By providing Payment Method information and authorizing payments, Client represents that; (i) Client may provide such information; (ii) Client may make payments using the Payment Method(s); and (iii) paying JOINER does not violate the terms and conditions applicable to Client using such Payment Method(s).
When Client authorizes a payment using a Payment Method, Client represents that there are sufficient funds and credit available to complete the payment. To the extent that any amounts owed under this Agreement or the other Terms of Service cannot be collected from Client’s Payment Method(s), Client is must pay such amounts by other means.
The Site and the Site Services operate in U.S. Dollars. JOINER is not responsible for currency fluctuations that occur when receiving or sending payments.
JOINER is paid when a Client pays an Hourly Invoice. From the date which you begin working for a Client, you must use JOINER to request, make, and receive payments for work you perform on behalf of that person. If you use the Site as an employee, agent, or representative of another business, the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business when acting in that capacity with respect to the other User.
By way of illustration and not in limitation of the foregoing, you may not:
Offer or accept an offer from parties identified through the Site to contract, hire, pay, or receive payment in any manner other than through the Site.
Invoice or report on the Site or in a conversion-fee request a payment amount less than that actually agreed, made, or received.
Refer a User you identified on the Site to a third-party who is not a User to make or receive payments other than through the Site.
You must notify JOINER immediately if a person suggests to you making or receiving payments inconsistent with this section or if you receive unsolicited contact outside of the Site. If you learn of a breach or potential breach of this non-circumvention agreement, you must immediately notify JOINER.
Violating this Agreement materially breaches the Terms of Service. Your Account may be suspended and charged the conversion fee if you violate this Agreement. If you choose to cease using the Site, you must pay the conversion fee for Users you continue to work with after you cease using the Site.
Users must use the communication services available on the Site to communicate with other Users prior to entering into a Service Contract. Before entering into any Service Contract, you must: (i) use JOINER as the sole manner to communicate with other Users; (ii) not provide your Means of Direct Contact to any other User or another person that you identified; (iii) not use Means of Direct Contact to another user to communicate with, solicit, or find the contact information of a User outside of JOINER; (iv) not identify the contact information of another User; and (v) not include any Means of Direct Contact or means by which your contact information could be discovered in any Profile, Project, invitation, or pre-hire communication.
For purposes of the Terms of Service, “Means of Direct Contact” means any information that would allow another person to contact you in any way other than through the Site.
Violating of this section is a material breach of the Terms of Service. Your Account may be permanently suspended if you violate this section.
You may opt out of the obligations in this section with respect to each JOINER Relationship only if the Client or Contractor pays JOINER a conversion fee that is a minimum of $1,000 USD and up to $50,000 USD for each JOINER Relationship.
This conversion fee is 12% of the estimated earnings over a 12-month period, which is calculated by taking the Hourly Rate and multiplying it by 2,080. “Hourly Rate” means the highest of (i) the highest hourly rate charged on any Client Service Contract, if any; (ii) the highest hourly rate proposed by a Contractor, if any.
To inquire about or pay the conversion fee, send an email message to info@JoinerServices.io.
If JOINER determines, in its sole discretion, that you violated this Agreement, it may (i) charge your Payment Method the conversion fee (including interest) or send you an invoice for the conversion fee (including interest), which you must pay within 30 days, (ii) close your Account and revoke your authorization to use the Site and Site Services, and (iii) charge you for all losses and costs including the time of JOINER employees and reasonable expenses (including attorney fees) related to investigating the breach and collecting such fees.
Users will each (i) maintain records to document that they satisfied their obligations under this Agreement, including, their payment obligations and compliance with tax and employment laws, and (ii) provide copies of such records to JOINER upon request. Nothing in this subsection requires JOINER to monitor a User’s compliance with this Agreement, the other Terms of Service, or a Service Contract. You are solely responsible to create, store, and backup your business records. Neither this Agreement nor using of the Site creates a responsibility on JOINER’s part to store, backup, retain, or grant access to information or data for any period.
Any Project performance survey should be completed by the Contractor’s immediate manager, following the conclusion of the Service Contract.
The true star rating is produced from a ten-question survey based on the Contractors personal attitude, attendance, safety, and professional skills. Each question based on a 1-5 scoring system where the maximum amount of points possible is 50 (5.0 star).
0.0 – 1.0 Star
1.1 – 2.0 Star
2.1 – 3.0 Star
3.1 – 4.0 Star
4.1 – 5.0 Star
0 – 10 Points
11 – 20 Points
21 – 30 Points
31 – 40 Points
41 – 50 Points
True star ratings are given by Clients, not JOINER. JOINER retains the right to suspend for 12 months or ban any Contractor from the platform if their true star rating is below a 3.0.
Clients are also asked about hiring the Contractor again, on a scale of 1-10 which is converted to a 10% - 100% scale.
Clients may write a testimonial about their work experience with the Contractor. The testimonials will be posted directly to the Contractors Profile, and listed under the Client’s business name, not under a person’s name. JOINER does not interfere with written reviews unless the content is harmful towards JOINER.
JOINER will ask Clients to verify skills a Contractor displayed while working under the Client Service Contract. Clients will verify (up to 10) stated skills claimed to be used during the Project.
You may not rely on the Site, the Site Services, or the continuation of the Site. The Site and the Site Services are provided “as is” and on an “as available” basis. JOINER makes no representations with regard to the Site, the Site Services, Work Product, User Content, or any activities or items related to this Agreement or the Terms of Service. JOINER disclaims all express and implied conditions, representations, and warranties including, but not limited to, the warranties of merchantability, accuracy, fitness for a particular purpose, title, and non-infringement. Some jurisdictions may not allow for all of the foregoing limitations on warranties, so to that extent, some or all of the limitations may not apply to you. This Agreement states Users’ sole and exclusive remedy against JOINER with respect to any defects, non-conformances, or dissatisfaction.
JOINER is not liable for damages or losses arising out of the Terms of Service, including, but not limited to:
your using of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
damage to your hardware device from using the Site or Site Services;
the content, actions, or inactions of third-parties using the Site or Site Services;
a suspension or other action taken with respect to your Account;
your reliance on the quality, accuracy, or reliability of Project, Profiles, ratings, recommendations, and feedback, Composite Information, or metrics found on, used on, or made available through the Site; and
your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to the Terms of Service.
Additionally, JOINER is not liable for special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. The liability of JOINER to any User for claim arising out of or in connection with this agreement or the other terms of service may not exceed the lesser of: (i) $1,000; or, (ii) any fees retained by JOINER with respect to Service Contracts on which User was involved as Client or Contractor during the six-month period preceding the date of the claim. These limitations apply to liability arising out of or in connection with this agreement or the other Terms of Service, whether in contract, tort, strict liability, or otherwise, even if advised of the possibility of such costs or damages and even if the limited remedies in this agreement fail of their essential purpose.
In addition to recognizing that JOINER is a party to contracts between Users, you release JOINER, our Affiliates, and our respective officers, directors, agents, subsidiaries, members, joint ventures, employees and Service Providers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity, that exist when you enter into this agreement. This release includes, for example and without limitation, disputes regarding the performance, functions, and quality of the Contractor Services provided to Client by a Contractor and requests for refunds based upon disputes.
You must indemnify, defend, and hold harmless JOINER, our Affiliates, and our respective members, directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims relating to or arising out of: (i) the use of the Site and the Site Services by you or your agents, (ii) any Work Product or User Content developed, provided, or otherwise related to your use of the Site Services; (iii) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Contractor as an independent contractor; the classification of JOINER as an employer or joint employer of Contractor; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (iv) failure to comply with the Terms of Service by you or your agents; (v) failure to comply with applicable law by you or your agents; (vi) negligence, willful misconduct, or fraud by you or your agents; and (vii) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this Agreement, your “agents” include any person who has apparent authority to access or use your account demonstrated by using your username and password.
“Indemnified Claim” means all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorney fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by (i) you or a third-party or other User against an Indemnified Party and (ii) an Indemnified Party against you or a third-party or other User.
Either of us may terminate this Agreement, at any time, without explanation, upon notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided. You may provide email notice to info@JoinerServices.io. If you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed. JOINER is a party to any Service Contract between Users. Consequently, termination of this Agreement (or attempt to terminate this Agreement) also terminates any Service Contract or Project entered into between Users. If you attempt to terminate this Agreement while having one or more open Projects, (i) JOINER may close any open contracts; (ii) you will continue to be bound by this Agreement and the other Terms of Service until all such Projects have closed on the Site; (iii) JOINER will continue to perform those Site Services necessary to complete any open Project or related transaction between you and another User; and (iv) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the closure of any open Service Contracts, whichever is later, to JOINER for any Site Services or such other amounts owed under the Terms of Service and to any Contractors for any Contractor Services.
Without limiting JOINER’s other rights or remedies, we may, but are not obligated to, revoke or limit access to the Site or Site Services, deny your registration, and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of this Agreement or any other provision of the Terms of Service; (ii) we suspect that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or JOINER; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your Account is closed, you may not use the Site or reregister under a new Account without JOINER’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law.
The value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who have entered into Service Contracts. If JOINER decides to close your Account, JOINER has the right where allowed by law but not the obligation to: (i) notify other Users that have entered into Service Contracts with you to inform them of your closed Account status, and (ii) provide those Users with a summary of the reasons for your Account closure. JOINER will have no liability arising from or relating to notice that it provides to User regarding closed Account status or the reason for the closure.
Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and any closure of your Account. It may also delete content stored in your Account, for which JOINER will have no liability whatsoever. JOINER, as permitted or required by law, may retain some or all of your Account information.
After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates will survive and continue in full force. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or JOINER from any obligations incurred before terminates the Agreement or that subsequently accrue in respect of any act or omission prior to such termination.
You and JOINER must resolve any claim, dispute, or controversy that arises out of or relates to the Terms of Service, your relationship with JOINER or one of our Affiliates, or the Site Services (each, a “Claim”) in accordance with the arbitration provision set forth in this Agreement.
Before serving a demand for arbitration of a Claim, you and JOINER must to first notify each other of the Claim. You must to notify JOINER at Attn: Legal, 400 Renaissance Center, Suite 2600, Detroit MI 48243 or by email to info@JoinerServices.io, and JOINER must provide to you a notice at your email address on file (in each case, a “Notice”). You and JOINER then will seek informal voluntary resolution of the Claim. Any Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or JOINER, as applicable, may evaluate the Claim and attempt to informally resolve the Claim. Both you and JOINER will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
This arbitration provision applies to all Users.
If the parties are unable to resolve a Claim within 60 days of the receipt of the applicable Notice, you and JOINER must resolve the Claim by final and binding arbitration before an arbitrator from JAMS or some other mutually-agreeable arbitrator, instead of a court or jury. JAMS may be contacted at www.jamsadr.com.
This arbitration provision applies to any Claim the parties may have and survives after your relationship with JOINER ends. Claims covered by this arbitration provision include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement, the Terms of Service and the Service Contract. This arbitration provision is intended to resolve disputes that otherwise would be resolved in a forum other than arbitration.
Except as otherwise provided, arbitration must be conducted in Oakland County, Michigan, in accordance with the arbitration rules of JAMS.
Judgment may be entered on the arbitrator’s decision in any court having jurisdiction.
Nothing in this arbitration provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, U.S. Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs. Nothing in this arbitration provision prevents by a government agency from investigation of any report claim, or charge otherwise covered by this arbitration provision. This arbitration provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this arbitration provision. Nothing in this arbitration provision prevents or excuses a party from satisfying any conditions precedent and exhausting administrative remedies under applicable law before bringing a claim in arbitration. JOINER will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under this Agreement or the National Labor Relations Act.
This arbitration provision is the complete agreement relating to the formal resolution of claims. Except as otherwise provided in this arbitration provision, this arbitration provision covers, and the arbitrator has exclusive jurisdiction to decide, all disputes arising out of or relating to the relationship between JOINER and you including the enforceability, revocability, scope, or validity of the arbitration provision or any portion of the arbitration provision. All such matters must be decided by an arbitrator and not by a court. The parties expressly agree that the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this arbitration provision, this Agreement, or any other part of the Terms of Service is void or voidable.
If any portion of this arbitration provision is deemed unenforceable, the remainder of this arbitration provision will be enforceable. If any portion of the Class Action Waiver in this Agreement, or this arbitration provision is deemed to be unenforceable, you and JOINER agree that this arbitration provision will be enforced to the fullest extent permitted by law.
This arbitration provision affects your ability to participate in class actions. Both you and JOINER must bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There is no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective proceeding. You will not be retaliated against, disciplined, or threatened with discipline as a result of your filing or participating in a class or collective action in any forum. JOINER may lawfully seek enforcement of this arbitration provision and seek dismissal of any class or collective actions or claims.
This arbitration provision replaces all prior agreements regarding the arbitration of disputes and is the complete agreement relating to the formal resolution of disputes covered by this arbitration provision. If any portion of this arbitration provision is deemed unenforceable, the remainder of this arbitration provision will be enforceable. If any portion of the Class Action Waiver in this Agreement is deemed to be unenforceable, you and JOINER agree that this arbitration provision will be enforced to the fullest extent permitted by law.
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and JOINER relating to its subject matter and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the same subject matter. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though JOINER drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. No presumption or burden of proof will arise favoring or disfavoring you or JOINER because of the authorship of any provision of the Terms of Service.
No modification or amendment to the Terms of Service is binding on JOINER unless it is agreed in a written instrument signed by a duly authorized representative of JOINER or posted on the Site by JOINER. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breachers or breaches of this User Agreement.
User may not assign the Terms of Service, or any of its rights or obligations under them, without JOINER’s prior written consent in the form of a written instrument signed by a duly authorized representative of JOINER. JOINER may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion of it is ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable only to the extent of its illegality, invalidity, or unenforceability; it will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation under it for a reasonable period due to labor disturbances, pandemics, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities within the United States.
JOINER makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations.
To access or use the Site or Site Services, you must represent that you are not: (i) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (ii) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (iii) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.
To facilitate your use of the Site and the Site Services, you give us permission to provide records to you electronically instead of in paper form.
We try to keep our Site and the Site Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. In fact, we might even stop providing the Site or Site Services completely or stop providing certain features without notice.
JOINER may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice. JOINER terminating the license is effective immediately upon JOINER providing such notice.
JOINER and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related to the Site and the Site Services. The JOINER logos and names are registered trademarks of JOINER. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners.
Nothing in the Terms of Service grants you a right to use any JOINER trademarks.
When you post User Content on the Site or through the Site Services, or provide JOINER with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (i) post that User Content without violating the rights of third-parties, and (ii) grant the licenses specified.
The poster of User Content, and not JOINER, is responsible for any User Content including any harms caused to you, another User, or a third-party by such User Content.
You will indemnify, defend, and hold harmless JOINER, our Affiliates, and our respective members, directors, officers, employees, representatives, and agents (each an “indemnified party”) from all claims, damages, liabilities, costs, losses, and expenses (including, reasonable attorney fees) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third-party or other User against an indemnified party relating to or arising out of User Content you post.
You retain ownership rights in any User Content you post on the Site or Site Services. To the extent permitted by applicable law, you also grant to JOINER and Affiliates a royalty-free, sub-licensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or subsequently developed, for use in connection with the Site and JOINER’s, and Affiliates’ businesses, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works of it) in any media formats and through any media channels.
You may submit comments or ideas about the Site and Site Services, including how to improve the Site or Site Services (collectively, “Ideas”). If you submit any Ideas: (i) your disclosure is voluntary, gratuitous, unsolicited, and without restriction, and it will not place JOINER under any fiduciary or other obligation, (ii) your Ideas do not contain the confidential or proprietary information of third-parties, and (iii) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. By accepting your submission, JOINER does not waive any rights to use similar or related ideas, including those known or developed by JOINER or obtained from sources other than you.
Any information or made available by a third-party or any other Site Visitor or User is owned by the respective author(s) or distributor(s) and not of JOINER. JOINER neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than JOINER’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites on the Site. Such third-party websites or applications are owned and operated by the third-parties or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed on the Site is on an “as is” and “as available” basis without any warranty for any purpose.
JOINER is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store, or disseminate any material or content in a manner that infringes third-party intellectual property rights, including rights granted by U.S. copyright law.
JOINER offers the Site and Site Services for your business purposes only and not for personal, household, or consumer use. JOINER makes the Site and Site Services available for Users to find one another, enter into service relationships, make and receive payments through JOINER, and receive and provide Contractor Services. In addition, certain Visitor Site services may be used to obtain general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear. We do not make any representations or warranties with respect to information posted on the Site by us or anyone else. Content should not be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
You may not use, or encourage, promote, facilitate, instruct, or induce others to use, the Site or Site Services for (i) activities that violate any law, statute, ordinance, or regulation, (ii) any purpose that is harmful to others, or (iii) transmitting, storing, displaying, distributing, or otherwise making available content that is illegal, fraudulent, or harmful to others.
The following are examples of uses that are prohibited on the Site or when using the Site Services:
Seeking, offering, promoting, or endorsing services, content, or activities that:
are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit;
would violate the intellectual property rights, of another person, entity, service, product, or website;
would violate (i) JOINER’s Terms of Service, (ii) the terms of service of another website or any similar contractual obligations, or (iii) the academic policies of any educational institution;
regard the creation, publication, or distribution of “fake news”, “hoax news”, Deep Fake content or similar content, which is, in JOINER’s sole discretion, determined to be intended to mislead recipients for personal, financial, political or other gain or advantage;
Refence any escort services, prostitution, or sexual acts; or
are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;
Fraudulent or misleading uses or content, including:
fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating the hours, (ii) or otherwise billing Clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading;
misrepresenting your experience, skills, or information, including by representing another person’s Profile, or parts of another person’s Profile, as your own;
using a Profile photo that misrepresents your identity or represents you as someone else;
impersonating any person or entity, including, but not limited to, a JOINER representative, or falsely stating or misrepresenting your affiliation with a person or entity;
falsely stating or implying a relationship with another User, including an agency continuing to use a Profile or information after you no longer work with the agency;
falsely attributing statements to any JOINER representative, forum leader, guide or host;
falsely stating or implying a relationship with JOINER or with another company with whom you do not have a relationship;
allowing another person to use your account; or
falsely stating that one Contractor will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Contractor that is unable, unwilling, or unavailable to do the work;
Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
Posting identifying information concerning another person;
Spamming Users with proposals or invitations, by making unsolicited contact of Users off the JOINER platform, or by posting the same job multiple times so that more than one version remains active at a given time;
Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
Requesting or demanding free services, including requesting Contractors to work on a Project for very little or no money;
Requesting a fee before allowing a User to submit a proposal;
Manipulating or misusing the feedback system, including by:
withholding payments or Work Product or engaging in other conduct for the purpose of obtaining positive feedback from another User;
coerce another User by threatening to give negative feedback;
expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system;
providing anything of value to a person (including to a third-party who assists in obtaining feedback) or using any service of any type to obtain feedback; or
offering services for the sole purpose of obtaining positive feedback of any kind;
Duplicating or sharing accounts;
Transferring an account to another person without JOINER’s consent;
Sharing or soliciting Means of Direct Contact with or from another User either directly through messages or by including them in a job post, Profile, proposal or other User Content before to entering into a Service Contract;
Directly advertising or promoting another website, product, or service or soliciting other Users for other websites, products, or services, including advertising on JOINER to recruit Contractors or Clients to join an agency or another website or company;
Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site, including by:
bypassing any measure we use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that (i) prevent or restrict use or copying any content, or (ii) enforce limitations on use of the Site or its content;
attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
collecting or harvesting any personally identifiable information, including Account names, from the Site;
attempting to or imposing an unreasonably large load (as determined in JOINER’s sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of JOINER or any third-party;
accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
framing or linking to the Site or Site Services except as permitted in writing by JOINER.
Conduct or actions that could jeopardize the integrity of or circumvent the Site, Site Services, or JOINER’s proprietary information, including:
reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or JOINER; or
accessing or using the Site or Site Services to build a similar service or application, identify or solicit JOINER Users, or publish any performance or any benchmark test or analysis relating to the Site.
“Affiliate” - Any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with JOINER.
“Client” - Any authorized User utilizing the Site or Site Services to seek or obtain Contractor Services, including from another User.
“Confidential Information” - Any material or information provided to, or created by, a User to evaluate a Project or the suitability of another User for the Project, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (i) is generally known by third-parties as a result of no act or omission of Contractor or Client; (ii) was lawfully received by User without restriction from a third-party having the right to disseminate the information; (iii) was already known by User prior to receiving it from the other party and was not received from a third-party in breach of that third-party’s obligations of confidentiality; or (iv) was independently developed by User without use of another person’s Confidential Information.
“Contractor” - Any authorized User utilizing the Site or Site Services to advertise or provide Contract Services to Clients.
“Contractor Fees” - The amount reflected in the Hourly Invoice (the number of hours, multiplied by the hourly rate charged).
“Contractor Services” - All Services performed for or delivered by Contractors.
"Deep Fake" - Media that is altered to replace a person in an existing image or video with someone else’s likeness in a realistic manner without permission or authorization of the person whose likeness is used.
“Hourly Invoice” - The report of hours invoiced for a stated period of time, for Contractor Services performed for a Client.
“Intellectual Property Rights” - All patent rights, copyright rights, mask-work rights, moral rights, rights of publicity, trademark, trade-dress and service-mark rights, goodwill, trade-secret rights, and other intellectual-property rights as may now exist or subsequently come into existence, and all applications for them and registrations, renewals, and extensions of them, in each case, under the laws of any state, country, territory, or other jurisdiction.
“Means of Direct Contact” - Any information that would allow another person to contact you directly, including, without limitation, phone number, email address, physical address, a link to a contact form or form requesting contact information, any link to an applicant-management system or means to submit a proposal or application outside of the Site, or any information that would enable a user to contact you on social media or other website or platform or application that includes a communications tool, such as Teams, Skype, Zoom, Slack, Wechat, or Facebook.
“Payment Method” - A valid bank account, PayPal account or other financial payment method acceptable to JOINER.
“Project” - An engagement for Contractor Services that a Contractor provides to a Client under a Service Contract.
“Public Site Services” - All services and applications that are accessible by any Site Visitor who has not become a User through the Site, to the extent they are accessible by a Site Visitor who has not become a User.
“Service Contract” - A contractual agreement governing the services to be performed by a Contractor, for a Client Project.
“Site” - Collectively, our website located at www.JoinerServices.io and applications, including mobile websites.
“Site Services” - All services and applications that are accessible through the Site, including the Public Site Services.
“Site Visitor” - Someone who views the Sites public pages but is not registered with JOINER.
“Substantial Change” - A change to the terms of the Terms of Service that reduces your rights or increases your responsibilities.
“User” - Someone who registers on the Site either as a Client or Contractor.
“User Content” - Any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to JOINER, including such content or information that is posted as a result of questions.
“You” - Any person who accesses our Site, including a Site Visitor or User and including any entity or agency on whose behalf any such person accesses or uses our Site.
“Work Product” - Any tangible or intangible results or deliverables that Contractor agrees to create for, or actually delivers to, Client as a result of performing the Contractor Services.
If you have an unresolved privacy or data-use concern that we have not addressed satisfactorily, contact JOINER.
Users of the Service may be Clients or Contractors (as defined in the User Agreement).
Information You Provide to Us
Personal Information: In the course of using the Service (whether as a Client or Contractor), we may require or otherwise collect information that identifies you as a specific individual and can be used to contact or identify you (“Personal Information”). Examples of Personal Information include your name, email address, company address, billing address, date of birth, taxpayer identification number and phone number.
Payment Information: If you use the Service to make or receive payments, we will also collect certain payment information, such as credit card or other financial account information, and your billing address.
Identification Verification: We use Personal Information to validate your identity or as may be required by law such as to complete tax filings. We may request documents to verify this information, such as a copy of your government-issued identification or photo or a billing statement.
General Audience Service: The Service is general audience and intended for users 18 and older. We do not knowingly collect Personal Information from anyone younger than age 18. If we become aware that a child younger than 18 has provided us with Personal Information, we will use commercially-reasonable efforts to delete such information from our files. If you are the parent or legal guardian of a child younger than age 18 and believe that JOINER has collected Personal Information from your child, contact us by email at: info@JoinerServices.io.
Combination of Personal and Non-Identifying: Certain Non-Identifying Information is part of your Personal Information if it is combined with other identifiers in a way that enables you to be identified (for example, combining information with your name). But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other non-identifying information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information, but JOINER will treat the combined information as Personal Information.
Collection of Third-Party Personal Information: We collect the following personal information from you about your contacts: first name, last name, telephone number, address, and email address when you provide it to us for the purpose of adding your contacts information.
You do not have a statutory obligation to provide us with any information, but if we do not receive certain information from you, we may not be able to provide our Service to you. If you have questions regarding this, contact us using the contact information listed in this Agreement.
Information Received from Third-Parties
Information Collected Automatically
We receive technical information when you use our Services. We use this to (i) analyze how people use the Service, (ii) improve how our Site functions, (iii) save your log-in information for future sessions, and (iv) provide you with advertisements that may interest you.
We and those who provide us with analytics and content may automatically collect certain information from you whenever you access or interact with the Service. This information may include, among other information, (i) the browser and operating system you are using, (ii) the URL or advertisement that referred you to the Service, (iii) the search terms you entered into a search engine that led you to the Service, (iv) areas within the Service that you visited, which links you clicked on, which pages or content you viewed and for how long, (v) other similar information and statistics about your interactions, such as content response times, (vi) download errors and (vii) length of visits to certain pages and other information commonly shared when browsers communicate with websites. We may combine this automatically-collected information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and site functionality.
The information we collect also includes the Internet Protocol (“IP”) address or other unique-device identifier (“Device Identifier”) for any device (computer, mobile phone, tablet, etc.) used to access the Service. A Device Identifier is a number that is automatically assigned or connected to the device you use to access the Service, and our servers identify your device by its Device Identifier. Some mobile-service providers may also provide us or our third-party Service Providers with information regarding the physical location of the device used to access the Service.
Cookies: We and our Service Providers (as defined below) use “cookies” to collect information. A cookie is a small-data file that we transfer to your computer’s hard disk for record-keeping purposes. We use (i) persistent cookies that remain on your computer or similar device (to save your registration ID, login password for future logins, and to track your compliance with the JOINER Terms of Service), and (ii) session ID cookies, which expire at the end of your browser session. If you choose to disable cookies, it may limit your use of certain features or functionality of the Service.
Web Beacons: We and our Service Providers may also employ software technology known as “web beacons” or “tracking tags” to help us monitor what content on our Service is effective and to provide relevant advertising to you. Web beacons are small graphics with a unique identifier that may be invisible to you, but which track your online activity. Web beacons are embedded in the web pages you review or email messages you receive.
Embedded Scripts: We and our Service Providers may also employ software technology known as an Embedded Script. An Embedded Script is programming code that is designed to collect information about your interactions with the Service, such as the links you click on. The code is temporarily downloaded onto your computer or other device and is deactivated or deleted when you disconnect from the Service.
In addition, we and our Service Providers may use a variety of other technologies that collect similar information for security and fraud detection purposes, and we may use third-parties to perform these services on our behalf.
How We Respond to Do Not Track Signals
Your browser setting may allow you to automatically transmit a “Do Not Track” signal to websites that you visit. JOINER does not respond to Do-Not-Track signals.
Project Information Collection
We collect information about a Contractor’s work for a Client, including automatically collected information about work on a particular Project.
Contractors may create a Profile, with certain information publicly available.
You may create a Profile, which consists of information about you, and may include Personal Information, photographs, examples of your Projects, information on Project previously performed the Service and outside the Service, skills, qualifications, hourly-pay rates, feedback/rating information, and other information, including your username (“Profile”). The information in your Profile may be visible to all JOINER Users and the general public. Clients of associated individual users or companies may also have the opportunity to create an organization account Profile. If you believe that an unauthorized Profile has been created about you, you can ask us to remove it by email info@JoinerServices.io.
Before a Contractor can complete registration on the Service, or at any time thereafter, we may request identity verification. Without limiting the manner in which we request identify verification, we may require Contractors to participate in a video call after submitting their government-issued ID to enable us to confirm that the Contractor is indeed the individual in the ID. We may record such video calls and take screenshots of the user during the call. JOINER may use the information obtained from identity verification to verify your identity, enforce our Terms of Service and other agreements, and prevent fraud.
Contractors and Clients may communicate with each other through JOINER. For example, Contractors and Clients may wish to discuss Client needs or schedule an interview for a Project.
We may offer public forums or blogs. If you participate, your comments and questions will be publicly displayed.
Note that certain information, such as your name and Profile may be publicly displayed on the Service, along with your User Forum Content. Note that your use of Community Forums is subject to the JOINER Terms of Service.
To ask us to remove your Personal Information from our blog or community forum, contact our email at info@JoinerServices.io. If we are unable to remove your Personal Information, we will let you know and tell you why.
We display testimonials on our Site, in addition to other endorsements. With your consent we may post your testimonial along with your company’s name. If you wish to update or delete your testimonial, contact us at info@JoinerServices.io.
Projects Through the Site
If you post a Project on the Service as a Client, your listing will be only viewable through the Service. Projects include information such as budget, location, job title, skill requirements, projected start date, and work summary.
JOINER lets you send Project referrals through the Service to a professional friend’s email. JOINER stores this information solely to send this email and track the success of our referral program.
Your friend may contact us by email at info@JoinerServices.io to request that we remove this information from our database.
We use information collected through the Service to improve it, process your requests, prevent fraud, provide you with information and advertising that may interest you, comply with the law, and as you otherwise permit.
We Use Information We Collect:
To provide and improve the Service, complete your transactions, address your inquiries, process your registration, verify the information you provide is valid, and for compliance and internal business purposes.
To deliver administrative communications and JOINER newsletters, marketing, or promotional materials, and other information that may be of interest to you. If you no longer wish to receive those communications, follow the instructions in the Your Choices and Rights section.
To tailor content we display to you and offers we may present to you, both on the Service and elsewhere online.
To administer and develop our business relationship with you and, if applicable, the corporation or other legal entity that you represent.
To assess your proposal to perform a Contract Project for JOINER.
To enforce and comply with the law, including to conduct an investigation, to protect the property and rights of JOINER or a third-party, to protect the safety of any person, or to stop activity that may become, illegal, fraudulent, unethical, or legally-actionable activity. We may also use Device Identifiers to identify JOINER Users.
We Use Your Personal Information for the Purposes Described:
We process Personal Information to (i) meet our contractual obligations to our investors, and (ii) help Users become an active Service participant.
We use Personal Information to further our legitimate interests in commercial activities. For example, we us it to:
Provide our Site and Service.
Analyze and improving our business.
Communication, including marketing and responding to your inquiries about our services.
Address information security needs and protecting our Users, JOINER, and others.
Manage legal issues.
We need to use Personal Information to comply with our legal obligations.
Unless you request that we delete certain information (see Your Choices and Rights), we retain (i) information to verify your identity for 30 days, and (ii) other information for at least 5 years. Your information may persist in backup copies and for business-continuity purposes for additional time. If you choose to provide us with Personal Information, we encourage you to routinely update the data to ensure that we have accurate and up-to-date information about you.
We may share information to provide the Services, for legal or investigative purposes, in connection with sweepstakes and promotions, or as part of a business or financing transaction. We may also share non-identifying information with third-parties. You have choices as to whether we share your Personal Information with third-parties for their own marketing purposes.
Information About Contractors Shared with Clients or Partners
We share information regarding Contractors who have entered into a contract with a Client, including information about work history, with other Clients. If a Contractor is suspended from the Service, we may share that information with Clients for whom that Contractor has worked or submitted proposals for work. If you choose to view a Project or submit a proposal for work as a Contractor on the Service, we may share relevant information with the applicable Client(s), including, but not limited to, the information contained in your Contractor Profile.
Information About Clients Shared with Contractors
If you have entered into a Project Service Contract with JOINER, we may provide your name and address to (i) complete the transaction or (ii) facilitate resolving a claim or dispute. The Clients receiving your information are not allowed to use it for purposes unrelated to the transaction, such as to contact you for marketing purposes, unless you have expressly consented to it.
We may employ third-parties to facilitate our Service, to provide the Service on our behalf, to perform Service-related services (e.g. maintenance services, database management, web analytics and online advertising, payment processing, and fraud detection) or to assist us analyze how our Service is used. These third-parties may have access to your Personal Information to perform these tasks on our behalf.
What Happens if You Agree to Receive Information from Third-Parties or Request that We Share Your Information
Legal and Investigative Purposes
JOINER shares information with government agencies (i) as required by law in response to lawful requests, and (ii) in connection with reporting earnings. We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose information about you as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process, or, at the request of government authorities and others conducting an investigation where we determine in our discretion the disclosure is necessary to (i) protect the property and rights of JOINER or a third-party, (ii) protect the safety of any person, or (iii) prevent or stop activity that may be or become illegal, fraudulent, unethical, or legally-actionable activity.
Internal and Business Transfers
JOINER may share information, including Personal Information, to current or future subsidiaries or affiliates, for business and operational purposes. We may sell, transfer, or otherwise share some or all of our assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets (including, in each case, as part of the due-diligence process with any potential acquiring entity) or in the event of bankruptcy.
Sweepstakes, Contest, and Promotions
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to the official rules that govern it, which may include specific requirements including, except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing associated with the Promotion. If you enter a Promotion, your Personal Information may be disclosed to third-parties or the public in connection with administrating the Promotion, including in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winner’s list.
We earlier defined Service Providers, which include advertising agencies and vendors who use technology to help us understand how people use our Site. These vendors may use technologies to provide advertisements that may interest you. You can choose to opt out of receiving interest-based advertising.
JOINER may work with Service Providers and other vendors to provide us with information regarding traffic on the Service, and to provide us with information regarding the use of the Service and the effectiveness of our advertisements. Our Service Providers may collect certain information about your visits to and activity on the Service as well as other websites or services, they may set and access their own tracking technologies on your device (including cookies and web beacons), and may use that information to show you targeted advertisements. Some of these parties may collect Personal Information when you visit the Service or other online websites and services. We may also share certain Non-Identifying Information with these parties, including Hashed Information, in connection with the services they provide to us. If you wish to opt out of interest-based advertising. If you choose to opt out, note you may continue to receive generic ads.
You have certain choices regarding how we may communicate with you.
Registered JOINER Users may update their choices regarding the types of communications you receive from us by email at info@JoinerServices.io. You also may opt-out of receiving marketing emails from us by following the opt-out instructions provided in those emails. We reserve the right to send you certain communications relating to your account or using the Service (for example, administrative and service announcements) email and other means, and these transactional account messages may be unaffected if you opt-out from receiving marketing communications. You may opt-out of receiving text messages by replying “STOP” to any text message received.
All Users may request access to or correction of any Personal Information we have about them or close their account and request that we delete Personal Information we have about them. In certain jurisdictions, Users may have certain rights with regard to their Personal Information. We will honor User requests to the extent we can reasonably do so and as required by law, but some information will remain on the Services, such as information you posted publicly.
Upon request, JOINER will let you know if we hold any of your Personal Information. You are responsible for maintaining the accuracy of the information that you submit to us, such as your contact information. You may access, correct, or ask us to delete your Personal Information by contacting JOINER. If you request to access all Personal Information you’ve submitted, we will respond to your request within 30 days or as otherwise required by law. If your information is deleted, your account may become deactivated. If your account is deactivated, or you ask to close your account, you will no longer be able to use the Service.
JOINER calculates the Client evaluations of Contractors. If you believe that we have miscalculated your rating, or you would like to exercise any rights with regard to your Personal Information, email us at info@JoinerServices.io for assistance.
We will use commercially-reasonable efforts to honor your requests for deletion; however, certain information will actively persist on the Service even if you close your account, including information that you posted to the Service. In addition, the rights described may be limited. For example, if fulfilling your request would reveal Personal Information about another person, or if you ask us to delete information that we are required by law to keep or that we have compelling legitimate interests in keeping (such as for fraud-prevention purposes). Your Personal Information in our archives and information you update or delete, or information within a closed account, may persist internally for our administrative purposes. In addition, we typically will not remove information you posted publicly through or on the Service. Bear in mind that neither you nor JOINER can delete all copies of information that has been previously shared with others on the Service.
We take a number of steps to protect your data, but no security is guaranteed.
JOINER takes commercially-reasonable steps to help protect and secure the information that it collects and stores about JOINER Users. All access to the Site is encrypted using industry-standard secure sockets layer (“SSL”). We also use HTTPS strict-transport security to add an additional layer of protection for our JOINER Users. But remember no method of transmission over the Internet, or method of electronic storage, is 100% secure. Thus, we strive to protect your Personal Information, JOINER cannot ensure, and does not warrant, the security of any information you transmit to us.
Because we are a U.S. company, we process and store your information in the United States. Our Service Providers may process and store it elsewhere.
Our Service contains links to other websites. If you choose to click on a third-party link, you will be directed to that third-party’s website. Our linking to a website is not an endorsement, authorization, or representation of our affiliation with that third-party, nor is it an endorsement of their privacy or information-security policies or practices. We do not control third-party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit Personal Information from you. We encourage you to read the privacy policies or statements of the other websites you visit.
The Profile you create on our Site is intended to be privately viewed. Contractors will only be able to view Client Projects, and Clients will only be able to view Contractor Profiles. Contractors will not be able to view other Contractor Profiles. Clients will not be able to view other Clients Projects.
However, Client and Contractor Profiles may be used publicly for marketing, sales, training, or other means to promote JOINER’s platform.
Phishing websites imitate legitimate websites to obtain personal or financial information. Identity theft and phishing are of great concern to JOINER. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third-party pretending to be JOINER, report it to info@JoinerServices.io.
Notice for California Residents:
Contact JOINER and we will provide you with additional details on your rights available to California residents, and how to exercise such rights.
Notice for Nevada Residents:
Under Nevada law, certain Nevada residents may opt out of the sale of “personally identifiable information” for monetary consideration to a person for that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may opt out of any potential future sales under Nevada law by emailing to info@JoinerServices.io. Note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request if our practices change.