Effective date: July 1, 2025
Welcome to our mobile marketplace for on-demand temporary staffing ("App"), owned and operated by, Ideal US Talent Systems Worker OpCo, LLC ("Ideal"), a Delaware corporation and its affiliates ("Affiliates") (collectively, "Company", "we", "us" or "our").
Please read these Terms and Conditions of Use ("Terms") carefully. They cover important information about your employment and your use of the App.
If you have any questions, comments, or concerns regarding these Terms, or would like to request a paper copy of these Terms, please contact us at:
Email: EOR@ideal.com
BY REGISTERING FOR THE SERVICE OR USING THE APP IN ANY WAY, YOU ARE ACCEPTING ALL OF THESE TERMS. YOU AGREE THAT THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND COMPANY THAT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU, THOUGH YOUR EMPLOYMENT WITH US IS "AT WILL". IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT REGISTER FOR OR USE THE APP. BY CONTINUING TO ACCESS OR USE THE APP OR ANY SERVICES OFFERED THROUGH THE APP YOU ("APPLICANT", "TALENT", "YOU" OR "YOUR"), CONFIRM YOUR ACCEPTANCE OF THE TERMS, WHICH WILL REMAIN IN EFFECT WHILE YOU USE THE APP.
These terms include the provisions in this document, as well as those in the Privacy Policy. Your use of or participation in certain App features may also be subject to additional policies, rules conditions, and/or other such posted in the App or on the website ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such App feature, you agree to also comply with these Additional Terms.
Modifications. From time to time, Company may modify these Terms; we reserve the right to do so at any time, but if we do, we will bring it to your attention by placing a notice on the App, by sending you an email, and/or by some other reasonable means. Accordingly, please continue to review the Terms whenever accessing or using the App. Your use of the App, or any service procured within the App, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. If, at any time, you do not wish to accept the Terms, you are free to reject them; unfortunately, that means you may not use this App and, in most cases, the Company will terminate your employment immediately on that basis. Any terms or conditions proposed by you that are in addition to, or which amend, modify, or conflict with, the Terms are expressly rejected by Company and shall be of no force or effect.
"Additional Terms" has the meaning set forth in the Overview.
"Affiliates" has the meaning set forth in the Overview.
"App" or has the meaning set forth in the Overview.
"Applicant", "Talent", "you" or "your" has the meaning set forth in the Overview.
"Accepted Gig" has the meaning set forth in Payment, Section 4.1.
"Availability" means the dates and times you input in the App that you are available to work.
"Booking" means a request for temporary staff that a Client inputs and confirms in the App.
"Cancellation" means your act of cancelling an Accepted Gig.
"Client" means a customer of Company permitted to enter a booking for temporary staff in the Business App.
"Credentials" means your username and password that enables access to the App.
"Communication Services" means any communications, including but not limited to any forms, geo-location, notifications, messages, SMS, emails, or communication facilities designed to enable App users to communicate with other App users and/or Company in relation to our Services.
"Company", "we", "us" or "our" has the meaning set forth in the Overview.
"Company Parties" means Company and its licensors, suppliers, partners, parent, or Affiliates, and each of their respective officers, directors, members, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns.
"Content" means any text, images, photographs, graphics, audio and video, data, Submissions, or other materials, including user profile data such as names, addresses, and contact details Submitted by you or other users that may be displayed, performed, or made available on or through the App.
"Devices" means all devices you may use to access the App.
"Feedback" means any Content you Submit that provides Company with information about reactions, suggestions, recommendations, proposals, or feature requests in relation to the App or Services.
"Force Majeure Event" means an act outside the control of a party that prevents the party from performing their obligations to uphold the Terms, including but not limited to required compliance with any laws, regulations, orders, acts, instructions or priority of requests of a governmental body or agency, acts of god, fires, floods, pandemics, weather, strikes, lock outs, security accreditation revocation, wars, riots, terrorist acts, delay or shortage in transportation.
"Gig" means both a job assignment and/or the period of time between the start-time and end-time for such job assignment.
"Intellectual Property Rights" means all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered), and all other intellectual and proprietary rights of any sort throughout the world (including any applications thereof).
" Business App" means the version of the App made available to Clients.
"Location Coordinates" means the latitude and longitude location.
"Marks" means, collectively, the trade-names, trade-marks, site-marks and logos displayed on the App.
"Minimum Average Rating" means the minimum average acceptable rating established by Company, as may be updated from time to time by Company in its sole discretion.
"Privacy Policy" means the Company's Privacy Policy published here: https://terms.jitjatjo.com/terms/privacy.html
"Proprietary Information" means financial, business, legal, technical, and other proprietary and confidential information relevant to Company's or any third parties' (including Clients) business, operations, or properties, that you learn or obtain during your employment or your use of the App or that you receive by or for Company in confidence.
"Referrals" means any introduction you provide Company that meets, in Company's sole discretion, the criteria of our referral policy, which is available on the App and may be amended by us from time to time.
"Services" means any products or services provided by Company to you, including the process of Company storing your Availability and assigning you Gigs, in addition to remunerating you for the Gigs you complete and Referrals you provide to Company.
"Submit" means any Content that you create, input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.
"Submissions" means any Content or Feedback you provide to Company or Submit in the App or input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.
"Suppliers" means Company's suppliers of content, equipment or otherwise.
"Talent Rating" means a rating of you and your performance.
"Terms" has the meaning set forth in the Overview.
Sole rights. You retain the sole right to determine which Gigs you choose to accept and fulfill and when and how often you utilize the App or the Services. You retain the option, via the App, to attempt to accept, decline, or ignore a Client's offer of a Gig via the Services, or to cancel any accepted Gigs via the App, subject to our then-current cancellation policies.
Relationship with Clients. While we try to only partner with Clients who meet our high standards, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any Client. To the maximum extent permissible by law in the jurisdiction of the Client's work site, the Company is not responsible or liable for the actions or inactions of a Client in relation to your activities. You acknowledge and agree that Company may release your contact information, if any, to a Client upon such Client's reasonable request. You are an employee of the Company, and not of the Client.
RATINGS
Process. You acknowledge and agree that after you perform a Gig, (i) the applicable Client may be asked to provide a Talent Rating and/or comments or feedback about you and your performance and (ii) you may be asked to provide a rating of the Client and/or comments or feedback about the Client. You should provide all ratings and feedback in good faith.
Minimum ratings requirement. Company's goal is to provide you and Clients with access to high-quality service experiences. In order to continue to receive access to the App and the Services, you must maintain an average rating by Clients that exceeds the Minimum Average Rating. In the event your average rating falls below the Minimum Average Rating, Company will notify you and may provide you, in our discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time period allowed (if any), Company reserves the right to suspend or terminate your use of the App and employment.
Sharing. Company reserves the right to use, share, and display your and Clients' ratings and comments in any manner in connection with the business of Company without attribution to you or your approval.
PERSONAL INFORMATION
Privacy policy. By using the App you agree to the collection, transfer, storage, and use of your personal information by Company as described in our Privacy Policy. Company will manage any personal information it collects via the App in accordance with its Privacy Policy and applicable law. By using the App, you consent to such processing.
Accuracy of data. Please ensure the information included in your profile, application, HR forms and all Submissions is complete and accurate, as any information included or omitted from your profile, communications or Submissions may affect our ability to provide the Services and/or to offer you Gigs. You warrant that all data provided by you is correct.
Marketing communications. You agree to receive marketing communications from Company unless you inform Company in writing that you prefer not to receive such communications.
Location data. The Company collects Location Coordinates of Devices for a period of time (i) prior to the scheduled start of an Accepted Gig (for the purpose of confirming when you begin providing services for an Accepted Gig), and (ii) following the scheduled end of an Accepted Gig (for the purpose of confirming that the Accepted Gig is completed and you have left the Client's premises). In addition, Company may collect the Location Coordinates of the Devices to verify your location at a Client's site. Company may also disclose your location and contact information as required by applicable law or when Company believes that such disclosure is necessary to protect the rights, property, or safety of the Company (and related parties), App users, Clients, or others. Company does not collect or use GPS data for the purpose of controlling or monitoring the manner and means by which you provide the services for an Accepted Gig, or the frequency with which you use the App to apply for Gigs. Company retains Location Coordinate information to confirm that the Accepted Gigs have been completed as scheduled, and retains de-identified Location Coordinates data indefinitely. By executing these Terms, you agree to the use and disclosure of Location Coordinates information as described above.
Legally required disclosures. In accordance with its Privacy Policy, Company reserves the right at all times to disclose any information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Company's sole discretion.
PUBLICITY RELEASE
DISPUTES
Disputes with other users. You are solely responsible for all interactions with other users. In the event that there is any dispute, claim, or action between or against any other user of the App or any third party, you acknowledge and agree that the Company's involvement (or non-involvement) in such dispute, claim or action is governed by these Terms and by its App and Company policies generally, and the Company is under no obligation to intervene or otherwise become involved, and you agree to pursue such dispute, claim or action independently of, and without any demands from, Company Parties, and you release Company Parties from all claims, liability, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from or in any way connected to the dispute, claim, action, and/or the App and your use thereof. You shall and hereby do waive to the maximum extent permitted any law of any jurisdiction which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." Nothing in this section shall be interpreted or is intended to impact interactions with or between Ideal employees and Ideal. Issues relating to your use of the App should be directed to customersupport@ideal.com.
Claims. In the event that a claim or action is brought against Company from your activities or use of the App or provision of Services, including any breach by you of these Terms, you agree to pay, hold harmless and defend the Company and any related party in such claim or action. You also agree to cooperate as fully as reasonably required in the defense of any claim and allow us to assume the exclusive defense and control of the matter at our discretion.
REPORTING
ACCESS TO THE APP
Access to the App and Services as permitted, and not on any permanent basis and Company reserves the right to withdraw or amend the App and Services without notice. You are responsible for making any arrangements necessary for you to have access to the App.
You may be required to sign up for an account, and select Credentials in order to access and use the App. You promise to provide us with accurate, complete, and updated registration information about yourself.
You may not transfer your account to anyone else. You agree to (i) keep your Credentials confidential at all times and not to disclose them to any other individual or entity, and (ii) take reasonable steps to prevent others from obtaining your Credentials. You will inform us immediately if at any point your Credentials have been compromised and/or are being misused by another party. You must take such action as is requested by us to prevent such misuse.
We reserve the right to disable any Credentials at any time, if in our opinion you have failed to comply with the provisions of these Terms. You agree that you are fully responsible for (i) maintaining the confidentiality of your Credentials, and (ii) any breach of this obligation, including any damages which flow from, or are connected to, such breach, including without limitation for all activities conducted using your Credentials.
You will only use the App for your own personal use, and not on behalf of, or for the benefit of, any third party. Any use in connection with any non-Company commercial endeavors is strictly prohibited. You will comply with all laws that apply to you, your use of the App, and your actions and omissions that relate to the App. If your use of the App is prohibited by applicable laws, then you aren't authorized to use the App. We can't and won't be responsible for your using the App in a way that breaks the law.
We take care to advertise to individuals who are at least 18 years of age or older and do not knowingly collect or solicit any personally identifiable information from children under the age of 13; if you are under 18, please do not register for the App or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at idealcontractmanagement@ideal.com. We are not responsible for any misrepresentations related to user's age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users.
COMMUNICATION
The App may contain Communication Services that you will be permitted to use. For Communication Services , calling, data, and messaging rates may apply and any such charges, fees or costs are your sole responsibility, except and unless otherwise required by applicable law. You should consult with your wireless carrier to determine what rates, charges, fees or costs (if any) may apply to your use of the App.
CONTENT
Intellectual property. Content is protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the App, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content, or (ii) in a way that violates someone else's (including Company's) rights.
License grant. Subject to these Terms, we grant you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the App. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the App is expressly prohibited without prior written permission from us.
No warranties. Any information or Content publicly posted or privately transmitted through the App is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the App. We can't guarantee the identity of any users with whom you interact in using the App and are not responsible for which users gain access to the App.
Bookings. You acknowledge and accept that Clients entering Bookings to which you are assigned may view your contact details in the App and that Client and Company may communicate with you via the App or these contact details.
Your Content. You further agree that you are fully and solely responsible for all Content that you Submit, including its legality, reliability, appropriateness, originality, and copyright. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. We will not be responsible, or liable to any third party, for the Content or accuracy of the Content you Submit.
License to your Content. Company does not claim ownership of your Submissions. However, by creating or Submitting your Submission, you hereby automatically grant Company and its Clients permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights and license to: (i) use, copy, disclose, distribute, transmit, publicly display, publicly perform, truncate, aggregate, reproduce, edit, translate, modify, prepare derivative works of, reformat, incorporate into other works and otherwise fully exploit your Submission for any and all purposes in connection with the App or Business App and our (and our successors' and assigns') businesses, including, without limitation, for operating, promoting and redistributing part or all of the App or Business App (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the App or Business App, (ii) grant and authorize sublicenses of the foregoing, and (iii) publish your name in connection with your Submission. You agree that the licenses you grant are non-exclusive, royalty-free, perpetual, irrevocable, fully paid, sublicensable, transferable, and worldwide. You understand and agree that Company, in performing the required technical steps to provide the App or Business App to our users (including you), may need to make changes to your Submissions to conform and adapt those Submissions to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. We reserve the right to disclose your identity to any third party who claims that any Submission you Submit to the App or Business App constitutes a violation of their Intellectual Property Rights, or of their right to privacy. No compensation will be paid with respect to the use of your Submissions, as provided herein. Company is under no obligation to post or use any Submissions you may provide and may remove or edit any Submissions at any time in Company's sole discretion.
Warranties. By creating or Submitting your Submission, you warrant and represent that (i) you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to Submit the Submission and to grant the licenses herein without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights, (ii) all Submissions submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations, and (iii) you will keep all your registration information accurate and current.
Content Review. We are entitled, but not obliged, to review and delete any Content that in our sole judgment violate these Terms, does not provide sufficient information, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users of the App or Business App. Company has no obligation to monitor the Communication Services. However, Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion, unless otherwise required by law.
INTELLECTUAL PROPERTY
App. This App is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The App is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. The trademarks, service marks, trade names, trade dress, logos, designs, and sounds associated with the App are owned by Company or third parties. You agree to abide by all applicable copyright, trademark, and other laws, as well as any additional copyright notices or restrictions contained in the App. All Intellectual Property Rights in the App belong to and vest in Company, or are licensed to Company unless otherwise specified. All such rights of Company are hereby asserted and reserved.
AUTHORIZED USE; RESTRICTIONS OF USE
Authority. By accessing and using the App, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these Terms and to abide by these Terms.
Suspension or revocation of access. We are entitled to investigate and revoke or suspend your access to the App and Services, including without limitation the Communication Services, at any time without notice for any reason whatsoever, including without limitation (i) your breach of these Terms, (ii) termination of your employment by Company, or (ii) if you are deemed in our sole discretion to have (a) misused the App, including without limitation the Communication Services or the Services, or (b) behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal or prohibited by these Terms. Company has the sole right to decide whether you are in violation of any restriction set forth in these Terms. You agree that your use of the App is with the revocable permission of Company. Company reserves the right to take any and all appropriate legal action.
No illegal purposes. You may not use the App for any illegal purpose or in any manner inconsistent with the Terms. You agree to use the App solely for your personal use, and not for resale or other transfer to, or use by or for the benefit of, any other person or entity. Illegal and/or unauthorized uses of the App, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the App will be investigated, and appropriate legal action will be taken at our sole discretion.
Use and protection of App Content. You may be able to copy or download certain content from the App, but all usage remains subject to the restrictions outlined herein; the existence of such functionality does not waive any restrictions. You agree to (i) protect the proprietary rights of the Company and its licensors at all times, including after termination of these Terms (ii) comply with reasonable written requests to safeguard contractual, statutory, and common law rights, and (iii) promptly notify the Company in writing of any unauthorized use or any claims of infringement.
Additional restrictions. You may not, without prior express written consent from the Company: (i) Copy, reproduce, modify, display, perform, distribute, publish, transmit, create derivative works from, or exploit any part of the App; (ii) Decompile, disassemble, or reverse engineer the App or attempt to access the source code or underlying ideas of the App; (iii) Redistribute or republish App Content, including analysis and presentation; (iv) Sell or distribute the App via any medium (e.g., broadcast, satellite, internet); (v) Store the App in a database for access by you or others, or use it to build any type of database; (vi) Use the App to enhance or contribute data to third parties; (vii) Use any trademarks or service marks ("Marks") ; (viii) Hack, tamper with, or make any unauthorized use of the App; (ix) Use the App for commercial gain, including linking or embedding; (x) Use the App for illegal, immoral, or unfair processing purposes; or (xi) Remove or obscure any copyright or proprietary notices.
Content restrictions. You represent, warrant, and agree that you will not contribute any Content or Submission or otherwise use the App or interact with the App, including through your use of Communication Services, in a manner that:
Violates any applicable U.S. federal, state, local, and foreign laws and regulations, including without limitation any applicable employment and anti-discrimination laws, export control laws, or any laws regarding the transmission of any data obtained from the App (as defined herein) in accordance with the Terms, or any other purpose not reasonably intended by Company. If your use of the App is prohibited by applicable laws, then you aren't authorized to use the App. We can't and won't be responsible for your using the App in a way that breaks the law;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
Reveals the identity or any personal details of any other user of the App without that user's permission;
Expresses or implies that any statements you make are made or endorsed by us;
Falsifies or deletes any author attributions, legal, or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Restricts or inhibits any other user from using and enjoying the App;
Harvests or otherwise collects information about others, including e-mail addresses, without their consent;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
Jeopardizes the security of your Company account or anyone else's (such as allowing someone else to log in to the App as you);
Attempts, in any manner, to obtain the password, account, or other security information from any other user;
Violates the security of any computer network, or cracks any passwords or security encryption codes;
Runs Maillist, Listserv, any form of auto-responder or "spam" on the App, or any processes that run or are activated while you are not logged into the App, or that otherwise interfere with the proper working of the App (including by placing an unreasonable load on the App's infrastructure);
"Crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the App or Content (through use of manual or automated means);
Upload files or code that is technically harmful such as computer viruses, "Trojan horses," worms, logic bombs or other malicious software or harmful data or any other similar software or programs that may damage the operation of the App or another user's computer or mobile device;
Copies or stores any significant portion of Content;
Violates any code of conduct or other guidelines which may be applicable, including for any particular Communication Service; or
Interferes or disrupts networks connected to the App.
Termination. A violation of any of the foregoing is grounds for termination of your employment and your right to use or access the App.
THIRD PARTY TERMS AND MATERIALS
No endorsement. Links from or to websites or the App outside the App, including downloadable software sites, are meant for convenience only. Company does not review, endorse, approve, or control, and is not responsible for any sites linked from or to the App or for any third party that you interact with through the App, including without limitation the content of those sites, the third parties named therein, their privacy policies, their opinions, their practices, or their products and services.
Company is not responsible. Linking to any other site or interacting with any third party through the App is at your sole risk and Company will not be responsible or liable for any damages in connection with such linking or interactions, including without limitation for any difficulties or consequences associated with downloading software. The content of other websites, services, goods, or advertisements that may be linked to the App is not maintained or controlled by Company. Company is therefore not responsible for the availability, content or accuracy of other websites, services or goods that may be linked to, or advertised on, the App. Company does not:
Make any warranty, express or implied, with respect to the use of the links provided on, or to, the App;
Guarantee the accuracy, completeness, usefulness, or adequacy of any other websites, applications, services, goods, or advertisements that may be linked to the App; or
Make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the App.
Third party content. You understand that Company and/or third-party contributors to the App may choose at any time to inhibit or prohibit their Content from being accessed under the Terms.
Release. We encourage you to be aware when you leave the App and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the App, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
DISCLAIMERS
We cannot guarantee and do not promise any specific results from use of the App and/or the Services. To the maximum extent permitted by law, Company gives no warranties, guarantees, representations, or conditions as to the App or the Services.
Company Parties make no representations or warranties of any kind, express or implied, including, but not limited to, (i) regarding any Content contained in or accessed through the App, (ii) that any suitable work will be available, or (iii) regarding suggestions or recommendations of services, products or Gigs offered through or in connection with the App. Company Parties will not be responsible or liable for any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the App. Company Parties do not act as agent for any employers, job-seekers, or other users. Company Parties do not endorse any of the information, businesses, or job-seekers on the App and recommends that prior to accepting any Gig, that you obtain your own independent advice. You are responsible for making your own determinations that any services or Gigs are suitable. It is your responsibility to assess the accuracy and completeness of the material on the App.
Company does not warrant that the App is compatible with your equipment or is free of errors or viruses, worms, or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features.
Company does not represent, guarantee or endorse the accuracy, completeness or reliability of any Content, advice, opinion, statement, or other information displayed, uploaded, or distributed through the App by us, our partners or any member or any other person or entity. Users acknowledge that any reliance upon such Content, advice, opinion, statement, or information is the user's own risk and Company is not responsible for any such reliance, including without limitation for any loss or damage resulting from such reliance.
To the extent permitted by law, Company is not responsible for the conduct, whether online or offline of users. Please use caution and common sense when using the App.
YOU AGREE THAT YOUR USE OF THE APP IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE APP AND ANYTHING CONTAINED THEREIN ARE PROVIDED BY COMPANY (AND ITS SUPPLIERS AND THIRD PARTY AGENTS) ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR USE, PERFORMANCE, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
EXCEPT FOR EMPLOYMENT CLAIMS OR AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) AND UNDER NO LEGAL THEORY (INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE), SHALL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE APP OR ANY LINKS OR ITEMS ON THE APP OR ANY PROVISION OF THE TERMS, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, UNAUTHORIZED ACCESS, OR ANY FORCE MAJEURE.
SHOULD FOR ANY REASON A COMPETENT COURT FIND THE ABOVE LIMITATION UNENFORCEABLE, COMPANY'S LIABILITY IN RESPECT TO ANY NON-EXCLUDABLE WARRANT OR CONDITION SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO THE GREATER OF (I) THE TOTAL FEES PAID BY YOU TO COMPANY IN THE PRECEDING SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED ($100.00) DOLLARS.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
CONTINUED SERVICE
No service guarantee. While Company will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and Company does not give any promises or warranties (whether express or implied) about the availability of the App or our Services.
No liability. If we cannot do what we have agreed to in these Terms because of something beyond our reasonable control including, without limitation, disputes involving personnel, Talent or third party services, or a Force Majeure Event, you agree that we are not liable for this.
MODIFICATION OF THE APP
We're always trying to improve the App, so it may change over time. We may suspend or discontinue any part of the App, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the App. We reserve the right to remove any Content from the App at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.NO CONFLICTS
You have not made, and agree not to make, any agreement, oral or written, that is in conflict with these Terms or your employment with Company. Your acceptance of these Terms will not violate any agreement with, or the rights of, any third party.ENTIRE AGREEMENT
These Terms, our Privacy Policy and any Additional Terms constitute the entire agreement between you and Company, and take precedence over and cancel all prior agreements, arrangements, communications and other understandings relating to the subject matter of these Terms, whether verbal or in writing.SEVERABILITY
The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provisions. If any Terms are found to be non-binding on either Company or you, then the remaining Terms will survive.NO WAIVER
Any failure to enforce any particular provision does not waive our rights to subsequently enforce that provision. No failure or delay on the part of either party to exercise any right or remedy shall (i) be deemed a waiver of such right or remedy, or (ii) limit any other right, remedy with respect to the same or any other matter.SURVIVAL
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.GOVERNING LAW
These Terms shall be governed by and construed and enforced in accordance with the Federal Arbitration Act, applicable federal law, and laws of the State of Minnesota, applied without reference to principles of conflicts of laws. You consent to the exclusive jurisdiction of such courts and waive any defense with regard to the lack or personal jurisdiction or improper venue, and waive the right to a trial by jury.ASSIGNMENT
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your App account, in any way (by operation of law or otherwise) without Company's prior written consent. Company may assign, delegate or transfer these Terms in our sole discretion without consent where permitted at law.NO THIRD PARTY BENEFICIARIES
Except as expressly set forth in the sections above regarding the Apple Application and the arbitration agreement, you and Company agree there are no third party beneficiaries intended under these Terms.NOTICES
Except as otherwise provided herein, all notices under these Terms will be in writing, in English and delivered to the parties at their respective addresses stated herein or at such other address designated by written notice. Notices will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile; the day after being sent, if sent for next day delivery by recognized overnight delivery service; or upon receipt, if sent by certified or registered mail, return receipt requested.To Company. Your notices to Company must be sent by registered mail to:
Attn: Legal Counsel
3311 East Old Shakopee Rd,
Bloomington, MN 55425
United States
with copy to: idealcontractmanagement@ideal.com
To you. Company will send notices to you via the email address you provide, or by registered mail to the address you provided in the App. Notices sent by registered mail will be deemed received five days following the date of mailing.
FORCE MAJEURE
Neither you nor we will be liable for any failure or delay in under these Terms if the failure or delay is caused directly by a Force Majeure Event.HEADINGS
The headings of the sections of these Terms are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of these Terms.