ENGAGE
TERMS AND CONDITIONS AND PRIVACY
Last
Updated: January 12th, 2017
These
terms of use (the "Terms") is a binding agreement between
you, a user ("you" or “User”) and Engage Mobilize LLC
(“Engage”, "us" or "we") governing your use
of the Engage service, including any web or mobile applications (the
“Service”). Certain features of the Service may be subject to
additional guidelines, terms, or rules, which will be posted on the
Service in connection with such features. All such additional
terms, guidelines, and rules are incorporated by reference into
these Terms.
By
accessing or using the Service, you are accepting these Terms (on
behalf of yourself or the entity that you represent) and you
represent and warrant that you have the right, authority, and
capacity to enter into these Terms (on behalf of yourself or the
entity that you represent). If you do not agree with all of the
provisions of these Terms, do not access and/or use the Service.
These terms include an obligation to submit all claims to
arbitration, and you are waiving your right to a jury trial.
These Terms apply to all visitors, members, and others who access
the Service.In the event of a conflict
between these Terms and a different written agreement you’ve
entered into with Engage, including a Beta Service Terms and
Conditions or a Master Services Terms (the “Other Terms”), the
Other Terms shall control.
Service.
Description of the
Service. The Services comprise mobile
applications and related services which enable users to arrange,
schedule, and provide transportation, logistics and/or delivery
services and/or to pick up or deliver certain goods (each, a “Job”)
for third parties (“Third Party Operator”). YOU ACKNOWLEDGE
THAT YOUR ABILITY TO PERFORM A JOB THROUGH THE SERVICE DOES NOT
ESTABLISH ENGAGE AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR
DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER. You agree to
comply with all applicable laws when performing a Job, and you may
only access or use the Services and perform Jobs for lawful purposes
(e.g., no transport of unlawful materials). You may not in your
access or use of the Services or performance of any Jobs cause
nuisance, annoyance, inconvenience, or property damage, whether to
the Third Party Operator or any other party. In certain instances,
you may be asked to provide proof of identity to perform the Jobs,
and you agree that you may be not be able to complete the Job if you
refuse to provide proof of identity. You represent and warrant that:
(a) you are over 18 years of age, and have all rights and licenses
necessary to accept and perform Jobs; (b) your acceptance and
performance of Jobs will not conflict with your obligation(s) to any
third party; and (c) you will promptly inform Engage of any
accidents, spills, leaks, or issues related to any Jobs; and (d) if
you use any tools, vehicles, or equipment in connection with the
Job, they are in good condition and have been reasonably maintained;
and (e) you have industry standard levels of insurance applicable to
the type of Jobs you may perform; and (f) you will promptly,
accurately, completely, and truthfully respond to any questions in
the Service, including without limitation for any Job, the
designation of what “stage” you are in (such as en route,
waiting, working or hauling). You are responsible for ensuring that
you update your status and any User Data in a timely manner within
the Services. If Engage suspects that you are breaching these
representations it may cancel Jobs at any time, even after
performance. You are also responsible for promptly completing any
requested reports after completing a Job.
Access and Users.
Subject to these Terms, including User’s
performance of the User’s obligations set forth herein, Engage
shall deliver the Service to User. The Service is made available
through the Internet. User is solely responsible for acquiring,
installing and maintaining all connectivity equipment, Internet and
network connections, hardware, software and other equipment
necessary to access and use the Service. User
will access and use the Service using a unique user identification
name and password (“User ID”).
User shall be responsible for ensuring the security and
confidentiality of its User IS. User IDs may not be shared with any
person. User will use commercially reasonable efforts to prevent
unauthorized access to, or use of, the Service, and notify Engage
promptly of any such unauthorized use. User is solely responsible
for activity taken under its User IDs, whether or not such activity
is authorized by User or otherwise.
Support Engage
does not have any obligation to provide any support.
Third Party Operators. The
Service facilitates the ordering, tracking and performance of Jobs
by Third Party Operators. Engage does not review, vet, or qualify
Third Party Operators in any way. Engage makes no warranties
regarding the Third Party Operators. Performing Jobs for Third
Party Operators is done at your own risk and you should ensure that
you have insurance to cover any losses or damages. You acknowledge
that Engage or a Third Party Operator may cancel a Job at any time
before you commence performing services at such Third Party
Operator’s site.
Proprietary
Rights and Restrictions on Use. The
Service (including any updates or enhancements thereto), the look
and feel and layout of any reports or deliverables generated in
connection with the Service, and all worldwide Intellectual Property
Rights therein, are the exclusive property of Engage and its
licensors. All rights in and to the Service not expressly granted to
User in this Terms are reserved by Engage.
Except as expressly permitted in this Terms or
as otherwise authorized by Engage in writing, User will not, and
will not permit any User to (a) modify, adapt, alter,
translate, or create derivative works from the Service;
(b) sublicense, lease, rent, loan, sell, distribute, make
available or otherwise transfer the Service or access to the Service
to any third party, (c) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the source code for the
Service in order to (i) build a competitive product or service, (ii)
build a product using similar ideas, features, functions or graphics
of the Service, or (iii) copy any ideas, features, functions or
graphics of the Service; (d) interfere in any manner with the
operation of the Service; (e) remove, alter, or obscure any
proprietary notices (including copyright notices) of Engage or its
licensors displayed in connection with the Service; or (f) otherwise
use the Service except as expressly allowed under this Terms.
“Intellectual Property Rights”
means any and all worldwide intellectual property rights, including
copyrights, trademarks, service marks, trade secrets, know how,
inventions, patents, patent applications, moral rights and other
proprietary rights, whether registered or unregistered. The
following are examples of the kind of content that is illegal or
prohibited to submit to the Service. We reserve the right to
investigate and take appropriate legal action against anyone who, in
our sole discretion, violates this provision, including without
limitation, removing the offending content from the Service and
terminating the account of such violators. Prohibited content
includes, but is not limited to, content that, in the sole
discretion of Engage: (a)
copying, distributing, or disclosing any part of the Service in any
medium, including without limitation by any automated or
non-automated "scraping"; (b) using any automated system,
including without limitation "robots," "spiders,"
"offline readers," etc., to access the Service in a manner
that sends more request messages to the Engage servers than a human
can reasonably produce in the same period of time by using a
conventional on-line web browser (except that Engage grants the
operators of public search engines revocable permission to use
spiders to copy materials from the Site for the sole purpose of and
solely to the extent necessary for creating publicly available
searchable indices of the materials); (c) transmitting spam, chain
letters, or other unsolicited email; (d) attempting to interfere
with, compromise the system integrity or security or decipher any
transmissions to or from the servers running the Service; (e) taking
any action that imposes, or may impose at our sole discretion an
unreasonable or disproportionately large load on our infrastructure;
(f) uploading invalid data, viruses, worms, or other software agents
through the Service; (g) collecting or harvesting any personally
identifiable information, including account names, from the Service;
(h) using the Service for any commercial solicitation purposes; (i)
impersonating another person or otherwise misrepresenting your
affiliation with a person or entity, conducting fraud, hiding or
attempting to hide your identity; (j) interfering with the proper
working of the Service; (k) accessing any content on the Service
through any technology or means other than those provided or
authorized by the Service; (l) bypassing the measures we may use to
prevent or restrict access to the Service, including without
limitation features that prevent or restrict use or copying of any
content or enforce limitations on use of the Service or the content
therein; (m) is patently offensive and
promotes racism, bigotry, hatred or physical harm of any kind
against any group or individual; (n) harasses or advocates
harassment of another person; (o) exploits people in a sexual or
violent manner; (p) violates the privacy rights, publicity rights,
copyrights, trademark rights, contract rights or any other rights of
any person; (q) covering or obscuring the banner advertisements on
any page on the Service via html/CSS or any other means; or (r)
using the Service in a manner inconsistent with any and all
applicable laws and regulations.
User
Data. User
acknowledges and agrees that Engage requires access to certain data
and content from User in order to provide the Service, including
without limitation information that User inputs into the Service,
including in connection with a Job (“User
Data”). User hereby grants to Engage a
world-wide, royalty-free, fully paid up, non-exclusive,
non-transferable right and license to use, modify, remove, publish,
transmit, or display the User Data: (a) for the purpose of providing
the Services (including to Third Party Operators) and (b) on a
confidential basis in order to test, evaluate, improve, and
commercialize the Service (or any successor products or services);
and (c) as set forth in the section entitled “Privacy”. Subject
to the rights granted in this Terms, as between the parties, User
retains all right, title and interest in and to the User Data, and
Engage acknowledges that it neither owns nor acquires any additional
rights in or to the User Data not expressly granted by this Terms.
Notwithstanding the foregoing, User acknowledges and agrees that
Engage may aggregate and anonymize data made available to Engage in
connection with the Service (“Metric Data”)
and may use such Metric Data for its own lawful purposes including,
in order to improve the Service and Engage’s other products and
services, and to better understand and predict market trends. In no
case will Engage use or disclose any Metric Data in any way that
could personally identify User. Nothing
in this section shall be deemed to limit Engage’s right to access
or use, for any lawful purpose, any User Data that is made generally
available to the public or to a Third Party Provider. You represent
and warrant that: (i) you own your User Data or otherwise have the
right to post the User Data and grant the license set forth in the
Terms, (ii) the posting and use of User Data on or through the
Service does not violate the privacy rights, publicity rights,
copyrights, contract rights, intellectual property rights, or any
other rights of any person, and (iii) the posting of User Data on
the Service does not result in a breach of contract between you and
a third party; and (iv) all User Data is accurate, complete, and
correct. You agree to pay for all royalties, fees, and any other
monies owing any person by reason of User Data that you post on or
through the Service. You also acknowledge and agree that User Data
is non-confidential and non-proprietary. We make no representations
about accuracy, reliability, completeness, or timeliness of any
contents of the Service, including any other user’s user data.
Feedback.
Periodically User may provide to Engage
comments, criticisms, suggested improvements and other feedback,
about the use, operation, functionality and features of the Service
(collectively, the “Feedback”).
User agrees that Engage has the unrestricted right to use the
Feedback at its sole discretion, without notice to, payment of, or
CONSEQUENTIALt from User.
Fees
and Payment. Engage
charges a monthly fee for use of the Service, as set forth in the
Service. Currently all credit card processing is done by the
applicable application store where you purchased the application
(the “App Provider”) or their third party partners. It is your
responsibility to notify the App Provider of any change in or
expiration of your credit card. The App Provider will bill the fees
due under your subscription to the credit card you provide to them
during registration (or to a different credit card if you change
your payment information) and continue to do so AUTOMATICALLY on a
monthly basis unless and until canceled in the manner set forth in
the Service. You hereby agree to such automatic billing. There are
no refunds. There are no credits or returns for unused Services.
User
shall pay, all sales, use and other taxes, export and import fees,
customs duties and similar charges
applicable to the transactions contemplated by these Terms, except
for taxes based upon Engage’s net income. Engage will not pay
User for any Jobs, and all payment is the responsibility of the
applicable Third Party Operator.
Warranty
Disclaimer. THE PARTIES ACKNOWLEDGE
THAT THE SERVICE IS EXPERIMENTAL IN NATURE AND IS MADE AVAILABLE
“AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. ENGAGE HEREBY
DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY REGARDING
THE SERVICE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, title, NON-INFRINGEMENT AND ANY WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE RELATED TO
THE SERVICES OR ANY JOBS. Engage
makes no warranties or representations about the Service or content
or any Jobs you may do, including but not limited to their accuracy,
reliability, completeness, efficacy, or timeliness. Engage shall not
be subject to liability for truth, accuracy, or completeness of any
information conveyed to the user or for errors, mistakes or
omissions therein or for any delays or interruptions of the data or
information stream from whatever cause. Engage does not warrant
that the Service will operate error-free or that the Service, its
server, or the content are free of computer viruses or similar
contamination or destructive features. Updates to the Service may
take place on a regular basis. Engage reserves the right to add or
remove support for specific devices. We
are not responsible for any disputes or disagreements between you
and any third party you interact with using the Service. This
includes disputes between users or between you and any Third Party
Operator. You assume all risk associated with dealing with third
parties (including any Third Party Operator) and you agree to
resolve disputes directly with the other party. If you provide any
services (including any Jobs) to a third party through the Service
(including to a Third Party Operator), you are solely responsible
for that work and your interactions with other users.
Limitation
of Liability. IN NO EVENT WILL ENGAGE
BE LIABLE FOR ANY CONSEQUENTIAL, INdirECT, EXEMPLARY, SPECIAL, OR
INCIDENTAL DAMAGES, INCLUDING ANY LOST DATA AND LOST PROFITS,
ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR JOBS
EVEN IF ENGAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ENGAGE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICE OR ANY JOB, WHETHER IN CONTRACT OR TORT OR
OTHERWISE, WILL NOT EXCEED ONE HUNDRED DolLARS ($100).
Indemnity.
You agree to defend, indemnify, and hold Engage harmless from and
against any claims, losses, expenses, damages, fines, fees, actions
or demands, including, without limitation, reasonable legal and
accounting fees, arising from, relating to or resulting from (a)
your breach or alleged breach of the Agreement; (b) your access to,
use or misuse of the Services; (c) any breach of your
representations and warranties; (d) your violation of any law or the
rights of a third party; (e) your interactions with other users; or
(f) any Job accepted or performed by you. We shall provide notice to
you of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding. We
reserve the right to assume the exclusive defense and control of any
matter that is subject to indemnification under this section. In
such case, you agree to cooperate with any reasonable requests
assisting our defense of such matter.
Term
and Termination.
Engage reserves the right to amend, discontinue, limit, disable,
terminate, or cancel the Service or any feature of the Service. You
may delete your account as set forth in the Service. Upon
termination for any reason, all rights granted by Engage to User in
this Terms will immediately cease to exist and User must discontinue
all use of the Service. The obligations intended to survive,
together with any accrued payment obligations, will survive
expiration or termination of this Terms for any reason.
General
External Links.
The Service may contain links to third-party websites or other
third party links (“External Websites”). These links are
provided solely as a convenience to you and not as an endorsement
by us of the content on such External Websites. The content of such
External Websites is developed and provided by others. You should
contact the site administrator or webmaster for those External
Websites if you have any concerns regarding such links or any
content located on such External Websites. We are not responsible
for the content of any linked or framed External Websites and do
not make any representations regarding the content or accuracy of
materials on such External Websites. You should take precautions
when downloading files from all websites to protect your computer
from viruses and other destructive programs. If you decide to
access linked or framed External Websites, you do so at your own
risk.
Non-Exclusive. This
Terms shall not be construed to limit or prohibit Engage in any
manner or fashion in providing products and/or services of any type
of nature including those identical to the Service to any other
user or entity in its sole discretion.
Assignment.
This Agreement, and your
rights and obligations herein, may not be assigned, subcontracted,
delegated, or otherwise transferred by you, and any attempted
assignment, subcontract, delegation, or transfer in violation of
the foregoing will be null and void. The terms and conditions set
forth in this Agreement shall be binding upon assignees.
Any attempted assignment of this Terms not in accordance with this
subsection shall be null and void.
Relationship of Parties. The
relationship of the parties established under this Terms is that of
independent contractors and neither party is a partner, employee,
agent or joint venture partner of or with the other, and neither
party has the right or authority to assume or create any obligation
on behalf of the other party.
Force Majeure.
Except for any payment obligations, neither party shall be liable
hereunder by reason of any failure or delay in the performance of
its obligations hereunder for any cause which is beyond the
reasonable control of such party.
Amendments.
Engage may upon reasonable notice amend the terms and conditions
of the present Agreement or introduce new provisions, terms or
conditions governing the use of the Service. If we make any
substantial changes in the way we use your information, we will
notify you by sending you an e-mail to the last e-mail address you
provided to us and/or by prominently posting notice of the changes
on our Service. Any material changes to this Agreement will be
effective upon the earlier of thirty (30) calendar days following
our dispatch of an e-mail notice to you or thirty (30) calendar
days following our posting of notice of the changes on our site.
These changes will be effective immediately for new users of our
Services. Please note that at all times you are responsible for
updating your information to provide us with your most current
e-mail address. In any event, changes to this Agreement may affect
our use of information that you provided us prior to our
notification to you of the changes. If you do not wish to permit
changes in our use of your information, you must notify us prior to
the effective date of the changes that you wish to deactivate your
account with us. Continued use of our Services following notice of
such changes shall indicate your acknowledgement of such changes
and agreement to be bound by the terms and conditions of such
changes.
Governing Law and Venue.
This Terms will be governed by and interpreted in accordance with
the laws of Colorado, without reference to its choice of laws
rules. The United Nations Convention on Contracts for the
International Sale of Goods does not apply to this Terms.
Arbitration.
The parties shall resolve any action brought by any party under or
in relation to this Terms, including to interpret or enforce any
provision of this Terms, by final and binding arbitration under the
then-existing arbitration rules and procedures of JAMS (the
“Administrator”)
regarding commercial or business disputes; however, any party may
seek a temporary or permanent injunction in connection with this
Terms in any court having competent jurisdiction. There will be one
arbitrator, to be appointed by the Administrator, in any such
action unless the amount in dispute exceeds the equivalent of U.S.
$1,000,000, in which event there will be three arbitrators. When
three arbitrators are involved, (a) each party shall appoint one
arbitrator from a list provided by the Administrator, (b) those two
arbitrators are to appoint the third within thirty days, and (c)
the third arbitrator will be the Chairman. The arbitration hearing
will be held in Denver, Colorado and will be conducted in English.
Any arbitration will be limited to the dispute between Engage and
User. Unless otherwise agreed by the parties in writing, an
arbitrator may not consolidate more than one person's claims, and
may not otherwise preside over any form of any class or
representative proceeding. Regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to
Service or this Terms must be brought, if at all, within one year
from the accrual of the claim or cause of action or be forever
barred. YOU UNDERSTAND THAT IF EITHER PARTY
ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN
COURT OR HAVE A JURY TRIAL. You and Engage agree that any
arbitration will be limited to the dispute between Engage and you
individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ENGAGE ARE
EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR class
MEMBER IN ANY PURPORTED class ACTION OR REPRESENTATIVE PROCEEDING.
Waivers.
All waivers must be in writing. Any waiver or failure to enforce
any provision of this Terms on one occasion will not be deemed a
waiver of any other provision or of such provision on any other
occasion.
Severability.
If any provision of this Terms is unenforceable, such provision
will be changed and interpreted to accomplish the objectives of
such provision to the greatest extent possible under applicable law
and the remaining provisions will continue in full force and
effect.
Entire Terms.
This Terms (including all exhibits and attachments) constitutes the
entire agreement between the parties regarding the subject matter
hereof and supersedes all prior or contemporaneous agreements,
understandings, and communication, whether written or oral
regarding such subject matter.
Privacy.
Collection of Information.
We collect information from you when you: register to use the
Service; log in with social networking credentials; use the
Service; bid on, accept, or perform a Job, complete an application
on questionnaire on the Service, and otherwise communicate with or
submit information or content to us to or another user or a Third
Party Provider. We, or the applicable App Provider or their third
partner contractors will collect your credit card information when
you sign up for the Service. We may collect information from you,
including, but not limited to your first
and last name, e-mail, login credentials, employer, skills and
certifications, VIN number, license plate number, equipment type(s)
and model(s), licenses and registrations, phone number, and
address, when you create an account to log in to our network or at
other times. If you provide us feedback or contact us via
e-mail, we will collect your name and e-mail address, as well as
any other content included in the e-mail, and any information that
you submit to us, such as a resume.
You may also provide other optional
information. We collect information you post through the Service
or accept or perform a Job, including your public postings and
messages and any private postings and messages. For example, we
collect any information you post when you interact with your
employer or third parties through the Service, including any
messages that you send through the Service. If you accept a Job,
we collect information about what “stage” you are in (for
example en route, waiting, working, or hauling). We may also
collect or receive information about you from your employer, Third
Party Operators, and our third party service providers, advertising
partners, marketing companies, or other third parties. Third Party
Operators may “rate” your performance, and we collect those
ratings. We will also collect geolocation information. The
Service collects and stores information that is generated
automatically as you use it, including your preferences and
anonymous usage statistics. To make the Services more useful to
you, our servers (which may be hosted by a third party service
provider) collect information from you, including browser type,
operating system, Internet Protocol (IP) address (a number that is
automatically assigned to your computer when you use the Internet,
which may vary from session to session), domain name, and/or a
date/time stamp for your visit.
Our Use of Information.
We use your information to: provide you with the Service and to
facilitate your receipt or provision of services to other users
(including Jobs); facilitate and improve our services; and
communicate with you. We use your information for research and
marketing purposes; to facilitate the creation of and secure your
account on our network; identify you as a user in our system;
provide improved administration of our services; improve the
quality of experience when you interact with our services; send you
administrative e-mail notifications; respond to your inquiries;
send promotional communications; send upgrades and special offers
related to our services and for other marketing purposes of ours or
our third party companies; make telephone calls to you, from time
to time, as a part of secondary fraud protection; and to solicit
your feedback. If you provide feedback on any of our services to
us, we may use such feedback for any purpose, provided we will not
associate such feedback with your information. We may use or
share aggregate or anonymized information for any purpose,
including for marketing purposes.
Our Sharing of Information
We may share your information: with our Third Party Operators,
third-party service providers and vendors (for example, credit card
processors); with your employer (or other company in which you are
affiliated) in connection with a Job, with other users with whom
you designate or who may be otherwise interested in providing or
receiving services or Jobs through the Services; to comply with
legal obligations or requests from law enforcement; to protect and
defend our rights and property; and with your permission. Although
we currently do not have a parent company, any subsidiaries, joint
ventures, or other companies under a common control (collectively,
“Affiliates”), we may in the future. We may share some or all
of your information with these Affiliates, in which case we will
require our Affiliates to honor this section. If another company
acquires our company or our assets, that company will possess the
information collected by it and us and will assume the rights and
obligations regarding your information collected by us as described
in this section. We do not rent, sell, or share your personally
identifiable information with nonaffiliated companies for their
direct marketing purposes, unless we have your permission.
Your Choices.
You may change any of your information in your account by sending
an e-mail to us at the e-mail address set forth below. You may
request deletion of your information by us, but please note that we
may be required (by law or otherwise) to keep this information and
not delete it (or to keep this information for a certain time, in
which case we will comply with your deletion request only after we
have fulfilled such requirements). When we delete any information,
it will be deleted from the active database, but may remain in our
archives.
Mobile
Terms. Engage and you acknowledge
that this Policy applies between Engage and you, and not with Apple
or Google. As between you, Engage and Apple and Google, Engage, not
Apple or Google, is solely responsible for the Service and the
content thereof. To the extent this Policy provides for usage
rules for the Service that are less restrictive than the required
Usage Rules set forth for the Service at the App Store Terms of
Service (“Usage Rules”) or are otherwise is in conflict with the
Usage Rules, the more restrictive or conflicting term in the Usage
Rules applies. The license granted to you for the Service is limited
to a non-transferable license to use the Service on a device that
you own or control and as permitted by the Usage Rules set forth in
the App Store Terms of Service. Engage and you acknowledge that
Apple and Google have no obligation whatsoever to furnish any
maintenance and support services with respect to the Service. Engage
is solely responsible for any product warranties, as specified in
this agreement. In the event of any failure of the Service to
conform to any applicable warranty, you may notify Apple, and Apple
may choose to refund the purchase price for the Service to you; and
to the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the Service,
and any other claims, losses, liabilities, damages, costs or
expenses attributable to any failure to conform to any warranty will
be Engage’s sole responsibility. Engage and you acknowledge
that Engage, not Apple or Google, is responsible for addressing any
claims of you or any third party relating to the Service or your
possession and/or use of the Service, including, but not limited to:
(i) product liability claims; (ii) any claim that the Service fails
to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection or similar
legislation. This Policy does not limit Engage’s liability to you
beyond what is permitted by applicable law. Engage and you
acknowledge that, in the event of any third party claim that the
Service or your possession and use of the Service infringes that
third party’s intellectual property rights, Engage, not Apple or
Google, will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property
infringement claim. You represent and warrant that (A) you are not
located in a country that is subject to a U.S. Government embargo,
or that has been designated by the U.S. Government as a “terrorist
supporting” country; and (B) you are not listed on any U.S.
Government list of prohibited or restricted parties. You must comply
with applicable third party terms of agreement when using the
Service. Engage and you acknowledge and agree that Apple and Google,
and Apple’s and Google’s subsidiaries, are third party
beneficiaries of this Policy, and that, Apple and Google will have
the right (and will be deemed to have accepted the right) to enforce
this Policy against you as a third party beneficiary thereof.
Text
Messages; Push Notifications; and Devices. We
may send you push notifications about the Services and any Jobs you
accept or perform. If you later decide you to not want to receive
push notifications, you may be able to disable that using the
settings on your mobile device. If you disable push notifications
the Services may not work. You also agree that Engage may contact
you by telephone or text messages (including by an automatic
telephone dialing system) at any of the phone numbers provided by
you or on your behalf in connection with Jobs or your account. You
understand that you are not required to provide this consent as a
condition of purchasing any property, goods or services. You also
understand that you may opt out of receiving text messages from us
at any time, either by texting the word “STOP” to 832-427-9743
using the mobile device that is receiving the
messages, or by contacting us at 281-333-4698.
You are responsible for obtaining the data network access and
mobile device necessary to use the Services. Your mobile network's
data and messaging rates and fees may apply if you access or use the
Services from your device. Engage does not guarantee that the
Services, or any portion thereof, will function on any particular
hardware or devices. In addition, the Services may be subject to
malfunctions and delays inherent in the use of the Internet and
electronic communications.
Safety.
You
should not use the Service or a mobile device while driving or
operating any machinery. If you perform a job, you must strictly
comply with any applicable traffic laws. Before starting any work,
you must perform all required or advised Job Hazard Assessments per
OSHA guidelines in publication OSHA 3071.
Contact
Information. If you have any
questions, please contact us at 281-333-4698.