IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform or communicates with us in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity.
Trustwork may, in its sole and absolute discretion, update or revise the Terms at any time. If we make significant changes, we will notify you of such changes through the Platform or by other means like email prior to the effective date of the changes. If you object to any changes, you may close your account. To the extent permitted by law, by your continued use of the Platform or any service of Trustwork or its affiliates after the effective date of the changes,, you consent to any updates or changes made to the Terms.
"Collective Content" means User Content and Trustwork Content together.
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, services requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Customer Member" means a Member who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Services.
"Member" means a person who completes Trustwork's account registration process or a person who submits or receives a request through Trustwork, including but not limited to Service Members and Customer Members.
"Platform" means all Trustwork websites, mobile or other applications, software, processes, and any other products or services provided by or through Trustwork.
"Services" means the services listed, quoted, scheduled, offered or provided by Service Members, or sought, scheduled or received by Customer Members, through the Platform.
"Service Member" means a Member who is registered to send quotes for Services, sends quotes for Services, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Services.
"Trustwork Content" means all Content Trustwork makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding Trustwork Content and Feedback.
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you are eligible and that you are not already restricted by Trustwork from using the Platform for any reason.
By registering or using the Platform to offer, post or provide Services, Service Members represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Services and in relation to the specific job they are performing.
Trustwork is not in the business of providing or receiving Services. Service Members understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the Platform to access persons interested in receiving Services and related tools, including but not limited to the ability to message Customer Members or schedule appointments, that facilitate the provision of Services. Service Members understand and agree that using the Platform does not guarantee that any Trustwork users will engage them for Services. Customer Members understand and agree that Trustwork does not provide Services itself, it only provides Customer Members the ability to find and communicate with independent Service Members, themselves customers of Trustwork.
Service Members understand and agree that they are customers of Trustwork, and are not Trustwork employees, contractors, joint venturers, partners, or agents. Service Members acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. Trustwork does not control, and has no right to control, the services a Service Member provides (including how the Service Member provides such services) if the Service Member is engaged by a Customer Member, except as specifically noted herein.
Trustwork, as permitted by applicable laws, obtains reports based on publicly available information regarding Service Members, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Member’s account based on the results of such a check. As a Service Member, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Trustwork’s vendors.
To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may be able to register for an Account using third-party accounts like your existing Gmail or Facebook account and log-in credentials (your "Third-Party Site Password"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Trustwork password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Trustwork immediately of any unauthorized use. Trustwork is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Trustwork or others due to such unauthorized use.
Subject to your compliance with these Terms, Trustwork grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Trustwork or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Trustwork a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Trustwork shall survive termination of the Platform or your Account. Trustwork does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to Trustwork the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Trustwork's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and that you will indemnify and defend Trustwork in any situation where it is alleged that your User Content violates these provisions. You agree that Trustwork may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
You may be held legally responsible for damages suffered by other users or third parties as a result of your remarks if such remarks are legally actionable or defamatory. Trustwork is not legally responsible for any feedback or comments posted or made available on the Platform by any users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect users from abuse, Trustwork reserves the right (but is under no obligation) to remove posted feedback or information that, in Trustworks’ sole judgment, violates these Terms or negatively affects our Platform or services.
Trustwork reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
As a user of the Platform, you may not:
Trustwork may charge you certain fees and expenses for your access to or use of the Platform, including, without limitation, for use of certain functionality provided within or as part of the Platform ("Fees"). In addition to any other payment and billing terms then in effect, the amount of any Fees will be provided to you before you purchase, use or are otherwise granted access to or use of the Platform, and you agree to pay all such Fees when due plus all related transactional costs, payment processing fees and expenses, and taxes as applicable, regardless of whether you have an active Account. All Fees are payable in U.S. dollars only. Unless denoted otherwise, charges for the Fees shall be made to the payment method you designate at the time you setup an Account, when you make a purchase or register for the Platform, or when you use certain functionality provided within the Platform or any other of our products or services, and in any of the foregoing cases, may include credit card and ACH processing fees, chargeback amounts, third party pass-through transactional expenses, and other amounts related to misconduct or fraudulent activity associated with your Account or payment method. You also agree that Trustwork or its third-party service providers providing payment services may store your payment method and associated information. We may charge your payment method for subsequent charges you authorize, such as recurring subscription fees, account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not update the applicable information, you authorize us to invoice your directly or continue billing that payment method, and you remain responsible for any unpaid amounts. If you do not pay any Fees when due or if Trustwork cannot charge the payment method you provided us for any reason, you agree to reimburse us, and we reserve all rights permissible under law to recover, all costs and expenses incurred, including reasonable attorneys' fees and other collections costs, in our pursuit of payment of the Fees. You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. Such communication may be made by Trustwork or by anyone on its behalf, including but not limited to a third-party collection agent. Failure to pay Fees when due may result in the termination of your Account or access to or use of the Platform.
All cancellation and refund requests will be subject to Trustwork’s review and absolute discretion. Further, you acknowledge that (a) the use of certain features within the Platform may be subject to Fees imposed by Trustwork’s payment processing partner(s) and other partners and (b) Trustwork has no ability to refund such Fees. We will normally process your valid written request within thirty (30) days of receiving it, unless a shorter period is required by law. You may request a cancellation or refund by emailing your request to Trustwork support at [email protected]. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on any Account, you agree that Trustwork may charge such unpaid Fees to the payment method you provided us or we may otherwise invoice you for and take any necessary steps to collect such unpaid Fees. You understand and agree that you are solely responsible for determining your own tax reporting and sales tax collection requirements in consultation with tax advisers, and that we cannot and do not offer specific tax advice to either Service Members or Customer Members. All sales on Trustwork are final and non-refundable, except as otherwise specified herein.
You acknowledge and agree that a substantial portion of the compensation Trustwork receives for making the Platform available to you is received only when a Customer Member and a Service Member connect through the Platform to perform a Service. Therefore, for 24 months from the time you identify or are identified by any party through the Platform (the “Non-Circumvention Period”), you must use the Platform as your exclusive method to request work, and agree to any payment for work directly or indirectly with that party or arising out of your relationship with that party (the “Trustwork Relationship”). The Non-Circumvention Period will not apply if you identified or were identified by said party prior to your use or access of the Platform. You may opt-out of this obligation with respect to each Customer Member-Service Member relationship only if Customer Member or Service Member pays Trustwork for each such relationship:
(a) an “Opt-Out Fee” computed to be the greater of the following amounts:
(i) $2,500; or (ii) 15% of the cost to the Customer Member of the services to be performed in the Trustwork Relationship during the Non-Circumvention Period, as estimated in good faith by the prospective Customer Member; or
(iii) all Fees that would be earned by Trustwork from the Trustwork Relationship during the Non-Circumvention Period, computed based on the annualized amount earned by Service Member from Customer Member during the most recent normalized 8-week period, or during such shorter period as data is available to Trustwork; and
(b) interest at the rate of 18% per annum or the maximum rate permitted by applicable law, whichever is less, calculated from the date Customer Member first makes payment to the subject Service Member until the date the Opt-Out Fee is paid.
To pay the Opt-Out Fee, you must request instructions by sending an email message to [email protected].
Except if you pay the Opt-Out Fee, you agree not to circumvent the Platform. By way of illustration and not in limitation of the foregoing, you must not:
You agree to notify Trustwork immediately if another person improperly contacts you or suggests making or receiving payments outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Trustwork by sending an email message to: [email protected].
Trustwork Points, Coins, Tokens, or something similar, may be awarded to users by Trustwork at its sole and absolute discretion. You acknowledge and agree that these Coins shall have no cash value, and are not a security or indenture of any kind.
By agreeing to these Terms or continuing to operate as a Member on Trustwork, you agree to provide Trustwork accurate and complete information about you and your business (as applicable), and you authorize Trustwork to share this information and transaction information with anyone Trustwork designates to collect Fees or other payments on its behalf.
Service Members shall be solely responsible for collecting payment from Customer Members for work performed, and if you are a Service Member, you agree that we will not be liable to you for any amount unpaid by a Customer Member and that our only obligation in regards to the same is set out in the dispute section below.
Trustwork values our Service Members and Customer Members, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Member or a Customer Member cannot be resolved independently, you agree, at Trustwork's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Trustwork or a neutral third-party mediator or arbitrator selected by Trustwork. Notwithstanding the foregoing, you acknowledge and agree that Trustwork is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT TRUSTWORK IS UNDER NO OBLIGATION TO BECOME INVOLVED IN ANY DISPUTE BETWEEN MEMBERS, FACILITATE, REQUIRE OR REQUEST ANY PARTICULAR DISPUTE RESOLUTION MECHANISM, OR OTHERWISE IMPOSE ANY RESOLUTION TO A DISPUTE BETWEEN OR AMONG MEMBERS OR ANY THIRD PARTY. EXCEPT AS REQUIRED BY APPLICABLE LAW AND VALID LEGAL PROCESSES TO WHICH TRUSTWORK IS SUBJECT, TRUSTWORK IS UNDER NO OBLIGATION TO PROVIDE ANY INFORMATION OR DATA REGARDING ANOTHER MEMBER, ANY PARTICULAR TRANSACTION BETWEEN MEMBERS, OR ANY DISPUTE OR POTENTIAL DISPUTE BETWEEN MEMBERS.
Trustwork Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Trustwork and its licensors exclusively own all right, title, and interest in and to the Platform and Trustwork Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Trustwork used herein are trademarks or registered trademarks of Trustwork. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
By sending us any feedback, comments, questions, or suggestions concerning Trustwork or our services, including the Platform, or any feedback, comments, or ratings of other Members or third parties (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Trustwork and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.
Trustwork does not endorse any Member, user or any Services, and Trustwork is not a party to any agreements between or among users, Members or third parties. No agency, partnership, joint venture, contractor relationship, or employment is created as a result of the Terms or any user's or Member's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Trustwork nor any Members or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Members are required by these Terms to provide accurate information, and although Trustwork may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Trustwork services they are using or any involvement by Trustwork personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best of," "top," "background checked" or "gold," "silver," or "bronze" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Trustwork and is not verification of their identity or whether they or their Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other user. Trustwork is not responsible for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events/activities not owned or controlled by Trustwork. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Trustwork with respect to such actions or omissions.
Without limiting any other rights reserved herein, Trustwork may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Trustwork, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, decreasing your score or rating or status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Trustwork Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Trustwork support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services cancelled or delayed as a result of Account termination. You may cancel your use of the Platform by contacting [email protected]. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Creating a new or different account in an attempt to circumvent a suspension or termination is strictly prohibited. The suspension or termination of your personal account may be justification for Trustwork to suspend or terminate and business accounts related to you.
Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.
You and Trustwork agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all disputes between you and Trustwork, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Trustwork, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and s court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with Trustwork as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You can reach Trustwork's support department at [email protected]. Except for intellectual property and s claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Trustwork support department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.
Only if required by law (to enforce this arbitration provision or otherwise), to the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Trustwork will pay the additional cost. Only if required by law (to enforce this arbitration provision or otherwise), if the arbitrator finds the arbitration to be non-frivolous, Trustwork will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration shall be initiated in the State of California, United States of America, and you and Trustwork agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Trustwork agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a s claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Trustwork) written notice of your decision to opt out to [email protected] with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Platform; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Trustwork also will not be bound by them.
The court or arbitrator shall apply the most recent Arbitration and Class Action Waiver section in existence after you began using the Platform in case any changes to this section or deemed unenforceable or invalid.
Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Account or the Platform.
The Terms and the relationship between you and Trustwork shall be governed in all respects by the laws of the State of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Trustwork that is not subject to arbitration must be resolved by a court located in San Francisco County, San Francisco, California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.
Your use of the platform, services, or collective content shall be solely at your own risk. You acknowledge and agree that trustwork does not have an obligation, but reserves the right for any reason, to (a) monitor or review user content; or (b) for any permissible purpose, conduct identity verification, background (including criminal background) or registered sex offender checks on any member, including but not limited to service members and customer members. The platform is provided "As is," without warranty of any kind, either express or implied. Without limiting the foregoing, trustwork and its affiliates and parents and subsidiaries, and their respective officers, directors, employees and agents explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement; any warranties arising out of course of dealing or usage of or in trade; any warranties, representations, or guarantees in connection with this platform or the services offered on or through this platform; and any warranties relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on this platform, including without limitation all collective content. Trustwork makes no warranty that the platform or services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Trustwork assumes no responsibility, and shall not be liable for any damages to your computer equipment or other property on account of your access to or use of the platform. Trustwork shall not be liable for any defamatory, offensive, or illegal conduct of any user or third party, or any loss or damage of any kind incurred as a result of the use of any data, information, materials, substance, or collective content posted, transmitted, or made available via the platform. No advice or information, whether oral or written, obtained from trustwork or through the platform, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users or members of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, including but not limited to any customer members, service members or service recipients. You understand that trustwork does not make any attempt to verify the statements of users of the platform or to review or vet any services. Trustwork makes no representations or warranties as to the conduct of users of the platform or their compatibility with any current or future users of the platform. You agree to take reasonable precautions in all communications and interactions with other users of the platform and with other persons with whom you communicate or interact as a result of your use of the platform, particularly if you decide to meet offline or in person and give or receive services. Trustwork explicitly disclaims all liability for any act or omission of any users or third parties.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the platform and collective content, your offering or providing services or requesting or receiving services through the platform, and any contact you have with other users of trustwork or third parties, whether in person or online, remains with you. Neither trustwork nor any other party involved in creating, producing, or delivering the platform will be liable (whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not trustwork has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose) for: (a) any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill; (b) service interruption, computer damage or system failure; (c) the cost of substitute products or services; (d) any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or your use of the platform; (e) the use of or inability to use the platform, services or collective content; (f) any communications, interactions or meetings with other users of the platform or other persons with whom you communicate or interact as a result of your use of the platform; or (g) your offering or providing services or requesting or receiving services through the platform.
In no event shall the total, aggregate liability of trustwork and its parents and affiliates and subsidiaries, and their respective officers, directors, employees and agents, arising from or relating to the terms, platform, services, and/or collective content, or from the use of or inability to use the platform or collective content or in connection with any services or interactions with any other users exceed the total amount of fees actually paid to trustwork by you hereunder, or one hundred us dollars if no such payments have been made, as applicable.
The limitation of liability described above shall apply fully to residents of new jersey.
You agree to release, defend, indemnify, and hold Trustwork and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Trustwork and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Force Majeure: Other than payment obligations, neither Trustwork nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
Contacting You and E-SIGN Consent: You agree that Trustwork may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Trustwork or Service Members may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Trustwork or Service Members, as explained in more detail in the E-Sign Consent section below, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent as explained below.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Trustwork's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to [email protected].
By opening a Trustwork Pay account, you will agree to the terms of service of our backend software provider, SynapseFI, and their banking partner, Evolve Bank and Trust Member-FDIC.
By establishing a trust account, you authorize Evolve Bank & Trust, Member FDIC, to hold your deposits for your benefit in an account (“Trust Account”) by agreeing to the Custodial Account Agreement.
Funds are held by Evolve Bank & Trust (Evolve), Member FDIC. These funds are held in an account under Evolve's name, for your benefit. Your funds are FDIC-insured up to $250,000.
Bank services are provided by Evolve Bank & Trust, Member FDIC, through our banking software provider, SynapseFI. To report a complaint relating to the bank services, email [email protected]
A. Definitions: Electronic Fund Transfer: Any transfer of funds, other than a transaction originated by check, draft or similar paper instrument, that is initiated through an electronic device or computer to instruct us to debit or credit an account. Electronic Fund Transfers include such electronic transactions as direct deposits or withdrawals of funds, transfers initiated via telephone, website or mobile application. Preauthorized Electronic Fund Transfer: An Electronic Fund Transfer that you have authorized in advance to recur at substantially regular intervals; for example, direct deposits into or withdrawal of funds out of your account.
B. Your Liability: Authorized Transfers: You are liable for all Electronic Fund Transfers that you authorize, whether directly or indirectly. Unauthorized Transfers: Tell us at once if you believe your account or PIN or Access Information (as defined below) is lost or stolen or has been or may be subject to unauthorized Electronic Fund Transfers. Support message us immediately to keep your possible losses to a minimum. You could lose all the money in your account(s). If you tell us within two (2) business days after learning of the loss or theft of your account access device, or after learning of any other unauthorized transfers from your account involving your account access device, you can lose no more than $50 if Electronic Fund Transfers are made without your permission. For these transactions, if you DO NOT tell us within two (2) business days after learning of the loss, theft or unauthorized use, and we can establish that we could have prevented the unauthorized transfer(s) if you had told us in time, you could lose as much as $500. Also, if your periodic account statement shows unauthorized transfers and you DO NOT tell us within sixty (60) days after the statement was delivered to you, you may not get back any money you lose after the sixty (60) day period if we can prove that we could have prevented the unauthorized transfer(s) if you had told us in time. If an extenuating circumstance (such as extended travel or hospitalization) prevents you from promptly notifying us of a suspected lost or stolen access device or of any other suspected unauthorized transfer(s), the time periods specified in this Section B may be extended for a reasonable period.
Please contact us by emailing us at [email protected] (1) if you believe a transaction receipt or a statement is wrong, or (2) if you need more information about a transaction on the receipt or statement. For consumer accounts, we must hear from you no later than sixty (60) days after we sent you the first statement on which the error or problem appeared. For business accounts, we must hear from you within one (1) business day of us sending you a receipt. Your inquiry must include: (x) your name, email associated with your account, and your account number (if available); (y) a description of the error or the transaction you are unsure about, and a clear explanation of why you believe there is an error or why you need more information; and (z) the dollar amount of the suspected error. If you tell us orally, we may require that you send us your inquiry via email within ten (10) business days.
Ten-Day Time Period: Trustwork will investigate promptly and, except as otherwise provided in this paragraph, shall determine whether an error occurred within 10 business days of receiving a notice of error. Trustwork shall report the results to the consumer in writing within three business days after completing its investigation. Trustwork shall correct the error within one business day after determining that an error occurred.
If Trustwork is unable to complete its investigation within 10 business days, Trustwork may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided Trustwork does the following: (1) Provisionally credits the consumer's account in the amount of the alleged error (including interest where applicable) within 10 business days of receiving the error notice. Trustwork need not provisionally credit the consumer's account if:
Trustwork does not receive written confirmation within 10 business days of an oral notice of error; or The alleged error involves an account that is subject to Regulation T (Securities Credit by Brokers and Dealers, 12 CFR part 220) (2)Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; (3) Corrects the error, if any, within one business day after determining that an error occurred; and (4) Reports the results to the consumer within three business days after completing its investigation (including, if applicable, notice that a provisional credit has been made final). (3) Extension of time periods. The time periods described above may be extended as follows: Extension of Ten-Day Time Period - The time limit for resolution is extended to 20 business days in place of 10 business days if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made; or Extension of Forty Five-Day Time Period - The time limit for resolution is extended to 90 days in place of 45 days for completing an investigation, if a notice of error involves an electronic fund transfer that occurred within 30 days after the first deposit to the account was made.
Trustwork provides these SMS Terms and Conditions (the "SMS Terms"), which govern the provision and delivery of text messages by us or our text message service providers to you. Trustwork provides this service to all of our users, including Trustwork Service Members and those consumers seeking Trustwork Service Members. We or our service providers send text messages to: (1) provide you with information you requested from Trustwork; (2) inform you of improvements, features, or Trustwork services that may be of interest to you; (3) to facilitate the matching of Trustwork users with Trustwork Service Members or other features you voluntarily use on Trustwork; (4) to respond to your inquiries regarding your account or use of Trustwork; (5) and for any other purpose permitted by law in our sole discretion.
By agreeing to receive text messages, registering for a Trustwork Account, or by accepting these Terms, you also consent to the use of an electronic record to document your agreement, and you are deemed to have executed this Agreement and the other Terms electronically, effective on the date you register your Account or click to accept the Terms, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print these Terms, and any amendments.
In connection with the Terms, you may be entitled to receive certain records from Trustwork such as contracts, notices, and communications, in writing. To facilitate your use of the Platform, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Terms that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the U.S. Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Platform, and you will no longer be permitted to use the Platform or any Trustwork service. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.
By creating a Trustwork account, you sign up to and consent to receive text messages through our website. By signing up to receive text messages, you agree to these Terms. By signing up to receive Trustwork text messages, you agree that Trustwork or its agents may use any automated or non-automated technology to send you informational and/or promotional text messages. The types of text messages you will receive depend on the SMS campaign(s) you opted into.
Trustwork does not charge you for its text message program. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider.
We may send you an initial message confirming that we have received your opt-in. After that, you will receive recurring text messages, and the specific amount may vary depending on how you use our services.
The number of text messages you receive may depend upon factors including how you use our services and whether you take steps to generate additional text messages from us (such as by sending a HELP request).
Content is not available on all carriers and carrier participation could change. The content is not compatible with all cell phone models. Trustwork will not be liable for any delays in the receipt of any SMS messages or changes to the participating carriers as delivery is subject to effective transmission from your carrier with active participation at that time.
If you no longer want to receive Trustwork text messages, you may terminate your Account at any time. If you have revoked consent and want to re-enroll in our text message program, you can re-enroll through our website.
We reserve the right to modify these SMS Terms, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in Trustwork's Platform shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
At Trustwork, we've put series of policies in place to help our Members and users appropriately use our site and platform. Learn more about a few key policies below:
Genuine, thoughtful reviews and ratings provide the trust our community relies on. To that end, we prohibit:
In order to maintain trust on our site, we generally do not edit, change, or delete reviews that comply with our Content Policy.
Trustwork makes no representations as to the accuracy or recency of any User Content or information on the Platform, and you agree and acknowledge that Trustwork shall at no time be held responsible for such Content or information.
It is Trustwork’s policy, in appropriate circumstances at our sole discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly believed to be infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, Trustwork will respond promptly to claims of copyright infringement that are reported to our Designated Copyright Agent in the form shown below.
Deliver this Notice, with all items completed, to [email protected].
At Trustwork, our goal is to enable anyone to find the right worker to accomplish any job, anywhere, at any time. Trustwork therefore prohibits discrimination against Service Members or Customer Members based on age, disability, gender identity, marital status, medical condition, national origin, pregnancy, race, religion, sex, sexual orientation, or other improper basis. Prohibited discrimination includes refusing to provide or accept Services offered through the platform because of any of these characteristics, offering different pricing based on any of these characteristics, or any other conduct that improperly takes into account any of these characteristics. Along with our Content and Review Policy, this prohibition also applies to the posting of content, such as reviews or profiles, on Trustwork.
Any Service Member or customer who believes they have been discriminated against in violation of this policy should contact us. A Service Member or customer found to have violated this prohibition may lose access to Trustwork.
Trustwork aims to keep its service safe for everyone, and data security is of the utmost priority. If you are a security researcher or expert, and have discovered a security vulnerability in our site, we appreciate your help in disclosing it to us in a responsible manner. Publicly disclosing a vulnerability can put the entire community at risk, so we urge you to keep matters private until a fix can be rolled out from our side.
We appreciate your good faith effort to protect our user's privacy and data. We are committed to addressing security issues responsibly and in a timely manner.
If you'd like to report an issue that pertains to your individual Trustwork account and is not an online security issue that may affect many Trustwork users, please contact us. Our team will gladly assist you.
The following information is provided to inform private parties, including civil litigants, of our current policy on how to obtain information or records from Trustwork. We may change or update this policy at any time. These guidelines only apply to non-law enforcement requests. Law enforcement requests are governed by our law enforcement guidelines.
Trustwork requires that private parties obtain a subpoena or other legal process in order to seek disclosure of information maintained by our platform. This legal process must be issued in accordance with any applicable state or federal statutes, rules, and regulations.
Trustwork responds to valid federal or domesticated California subpoenas requesting information. We review each subpoena and other legal process for facial and substantive validity and will reject requests that are not facially and substantively valid. We will also reject any requests that are overly broad or vague.
In order to make sure your subpoena is valid, please note the following:
Our acceptance of legal process does not waive any legal objections Trustwork may have and may raise in response to the request.
Please note that any complaints and other documents naming Trustwork as a party must be served on our registered agent for service of process. We are generally unable to provide in-person testimony.
If we are required by law to disclose user information, it is our policy to use commercially reasonable efforts to notify the user unless (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to Trustwork or users; or (b) we are precluded from providing notice by law. This user notice will be sent via email to the email address listed on the account. A third-party seeking non-disclosure of legal process should obtain an appropriate court order establishing that notice is prohibited before serving legal process on Trustwork.
The information provided in this section is intended for use by U.S. law enforcement when seeking information from Trustwork. We may change these guidelines at any time. Private parties, including civil litigants and criminal defendants, should consult our guidelines for third party information requests.
Trustwork requires appropriate legal process to be issued in connection with an official law enforcement investigation where the disclosure of any information maintained by our platform is requested. We generally require a search warrant to obtain the contents of communications between or among Customer Members and Service Members. For other information, we require the appropriate form of legal process to be issued in accordance with any applicable state or federal laws, rules, and regulations.
Upon receipt of a formal written request by email to [email protected], we will work to preserve records connected with an official governmental investigation for a minimum of 90 days. Law enforcement may extend a preservation request for additional days. We may not maintain preserved materials beyond the initial 90 days unless we receive an extension request or legal process.
We review each subpoena and other piece of legal process for facial and substantive validity and will reject requests that are not facially and substantively valid. We will also reject any requests that are overly broad or vague.
In order to make sure your subpoena or other legal process is valid, we ask for the following:
Authorized law enforcement using an official government domain may serve legal process on our Registered Agent. Our acceptance of legal process does not waive any legal objections Trustwork may have and may raise in response to the request.
If we are required by law to disclose user information, it is our policy to use commercially reasonable efforts to notify the user unless (a) we believe in our sole discretion that providing notice could create a risk of injury or death, or that harm or fraud could be directed to Trustwork or users; or (b) we are precluded from providing notice by law. This user notice will be sent via email to the email address listed on the account. Law enforcement officials seeking non-disclosure of legal process should obtain an appropriate court order establishing that notice is prohibited before serving legal process on Trustwork.
To make an emergency request please email a request to [email protected]. This request must be sent from a government issued email address. All requests will be reviewed on a case by case basis. In the request please include the following information:
After submission of emergency request please contact our customer support to confirm receipt of document. Any emergency requests received from non-government agencies will not be responded to. Those requests should be directly and immediately reported to local law enforcement.
If law enforcement personnel have any questions about these guidelines they can direct those to [email protected]. Be advised that we will not respond to non-law enforcement requests sent to this address.