TERMS AND CONDITIONS FOR SERVICE PROVIDERS OF THE myhuckleberry.COM SERVICES SERVICE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS
WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND
ALL TERMS, POLICIES, GUIDELINES AND DISCLOSURES INCORPORATED BY REFERENCE. IF YOU
DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS WEB SITE.
myhuckleberry.com reserves the right to make changes to these Terms and Conditions
of Use at any time without notice to you. The most current version of the Terms
and Conditions of Use can be reviewed by selecting the "Terms and Conditions" hypertext
link located at the bottom of our Web pages. It is your responsibility as a user
of this Web Site to periodically return to this page to review the terms and conditions
for amendments. The amended terms shall take effect automatically the day they are
posted on the Web Site. Your continued use of this Web Site following any amendments
will constitute agreement to such amendments.
The following is a non-exhaustive list of definitions that shall apply to the use
of Our Web Site; other definitions are included through out the text:
1. The terms "You," "Your," and/or "Service Provider" refers to any person, persons,
entity, and/or organization, utilizing this or any other internet service of myhuckleberry.com
to provide Services to the consuming public and/or to any User.
2. The terms “User” and/or “Customer” refer to individuals using Our Web Site to
obtain Services from Service Providers.
3. The terms "We," "Us," and/or "Our" refer to myhuckleberry.com, Inc., a Washington
4. The term "Services" refers to any services provided by a Service Provider to
a User of this or any other Internet service of myhuckleberry.com.
5. The terms “Web Site” and/or "Services Outlet" refer to our Web Site located at
6. The terms "Service Request" and/or "Request" refer to a Customer’s or User’s
offer to enter into a transaction for Services with You.
TERMS AND CONDITIONS
The following terms and conditions affect your legal rights. Please read them carefully.
I. Our Disclaimers
1. YOU ARE AN INDEPENDENT CONTRACTOR; YOU DO NOT WORK FOR US OR REPRESENT US IN
ANY FASHION. We are only a neutral venue for the Service Outlet between You and
Customers. You are not Our employee, agent, or representative. We do not provide
any endorsement for You or Your Services. We do not provide the Services and We
are not in any way responsible for assisting You in any manner with Your provision
of the Services. We cannot and will not guarantee the ability of a Customer to complete
payment for any of the provided Services. Furthermore, due to the difficulty of
individual authentication, especially on the Internet, We cannot and will not in
any manner verify or confirm the identity or ability of a Customer to pay for the
provided Services. By entering into this Agreement, You acknowledge and agree that
any and all communications, correspondence, verbal or written, or any warranties
or representations, made with regard to the Services are not provided by Us and
are specifically and solely between You and the Customer. You are not our agent
and You may not enter into agreements on Our behalf or in any way obligate us. Any
agreement for services provided is solely between You and the Customer.
2. DISCLAIMER. THIS WEBSITE IS PROVIDED BY myhuckleberry.COM, INC. ON AN "AS IS"
BASIS. myhuckleberry.COM, INC. MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
OF ANY KIND, AS TO THE OPERATION OF THE WEBSITE, OR THE CONTENT, INFORMATION, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE
LAW, myhuckleberry.COM, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. myhuckleberry.COM, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
RESULTING FROM THE USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL PUNITIVE, AND CONSEQUENTIAL DAMAGES. myhuckleberry.COM, INC. WILL NOT
BE LIABLE FOR ANY DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER
OF OUR WEBSITE. myhuckleberry.COM, INC. DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE
ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND
OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED
FOR SERVICING OR REPLACING EQUIPMENT OR DATA, myhuckleberry.COM, INC. IS NOT RESPONSIBLE
FOR THOSE COSTS.
2. NO LIABILITY. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY for any and all
damages to You, or to any other person or property directly or indirectly arising
out of or relating in any way to Your use of Our Web Site. This disclaimer includes
but is not limited to any crime, breach of contract, negligence, and/or intentional
tort by any Service Provider, and includes, but is not limited to, damage to personal
property, real property, bodily injury, economic loss, emotional distress, loss
of consortium, and/or lost wages, attorney fees and/or costs. You acknowledge and
agree that any claims you have or may have in the future against any User or other
Service Provider for any reason whatsoever are strictly between You and that Service
Provider or User, and are barred as against Us.
3. NO THIRD-PARTY WARRANTY. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES related
to any Services provided by You or any other Service Provider. We are not involved
in any manner with the provision of the Services by the Service Providers. As a
result of this lack of involvement or oversight, We cannot guarantee nor do We have
control over the quality, accuracy, standard of Service, safety or legality of the
Services provided by You or any Service Provider. You acknowledge and agree that
any and all communications, correspondence, verbal or written, or any warranties
or representations, made by You with regard to Services are not provided by Us and
are specifically and solely between You and the User or other Service Provider.
4. NO LIABILITY FOR THIRD PARTY CONTENT. Our Web Site acts as an interactive computer
service and is not responsible or liable for information posted to our Web Site
by Users, Service Providers, or any other third parties. Our Web Site is a passive
conduit for any and all communication and/or distribution of information. We have
no control, editorial or otherwise, over any communication, information, and specifically,
over the content of such communication or information. We do not and will not ensure
the accuracy or reliability of such communication or information nor will We act
as a monitor over the content of such communication for information. However, We
reserve the right to remove or restrict any communication or information posted
on Our Web Site that is in violation of this Agreement, obscene, lewd, lascivious,
filthy, excessively violent, harassing, or otherwise objectionable, whether or not
such material is constitutionally protected. You acknowledge and agree that We cannot
be held liable by You for any injury you may suffer as a result of information posted
on Our Web Site by third parties.
The Web Site contains links to third-party websites. These links are provided solely
as a convenience to you. myhuckleberry.com, Inc. does not endorse the content of
myhuckleberry.com, Inc. is not responsible for the content of linked third-party
sites and does not make any representations regarding the content of accuracy of
materials on such third-party websites. If you decide to access linked third-party
websites, you do so at your own risk.
6. NO WARRANTY OF WEB SITE OPERATION. We make no guarantee, representation or warranty
that our Web Site, databases, systems, and/or infrastructure will operate uninterrupted,
will be fully or partially functional, will be secure, will prevent unauthorized
third-party access (including hacking), or will be error-free. We specifically disclaim
any liability for any and all injury arising from the operation of Our Web Site,
including but not limited to any lost profits or damages from delay resulting from
interruption of the operation of this Web Site.
7. LIMIT OF LIABILITY: In no event shall We be liable for lost profits or any special,
punitive, incidental, or consequential damages arising out of or in Service Outlet
with Our Web Site or this Agreement. Our liability in any circumstance is limited
of the greater of either the total fees You have paid Us in the two months prior
to the date of the event giving rise to Our liability, or $500.00. Some States do
not allow the exclusion or limitation of incidental or consequential damages, so
the above limitation or exclusion may not apply to you.
II. Terms Regarding Services
1. Effective Offer and Acceptance for Services: You agree and acknowledge that when
a Service Request has been submitted to You by a Customer, the Customer has effectively
communicated an offer to You to enter into a transaction for the Services. Furthermore,
if You accept the Service Request, You and the Customer have entered into a transaction
for the Services. You represent and warrant that You shall satisfy and perform the
Services according to all agreed upon terms and conditions and that if you fail
to do so, you alone shall be liable to the Customer for any damages incurred as
a result of your failure to perform the Services.
2. User Posted Content & Other Interactive Services or Areas
The Web Site includes areas in which users may post content and information (the
"User Content") and may include other interactive areas or services in which you
or third parties may create, post, modify or store information, content, materials
or other items ("Interactive Areas"). For example, users are able to review service
providers. You are solely responsible for your use of such Interactive Areas and
use them at your own risk. By using any Interactive Areas, you agree not to post,
upload to, transmit, distribute, store, create or otherwise publish through the
Web Site or the Services any of the following:
1. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous,
defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening,
invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors,
fraudulent or otherwise objectionable;
2. User Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, violate any applicable rules of professional
conduct, or that would otherwise create liability or violate any local, state, national
or international law;
3. User Content that may infringe any patent, trademark, trade secret, copyright
or other intellectual or proprietary right of any party. By posting any User Content,
you represent and warrant that you have the lawful right to distribute and reproduce
4. User Content that impersonates any person or entity or otherwise misrepresents
your affiliation with a person or entity;
5. Unsolicited promotions, political campaigning, advertising or solicitations,
including without limitation any advertisements for commercial services or products;
6. Private or confidential information of any third party, including, without limitation,
addresses, phone numbers, email addresses, Social Security numbers and credit card
7. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive
8. Any answers, responses, comments, opinions, analysis or recommendations that
you are not properly licensed or otherwise qualified to provide; and
9. User Content that, in the sole judgment of myhuckleberry.com, is objectionable
or which restricts or inhibits any other person from using or enjoying the Interactive
Areas, the Web Site or the Services, or which may expose myhuckleberry.com or its
users to any harm or liability of any type.
10. User Content that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals for any reason and especially on the basis of religion,
gender, sexual orientation, race, ethnicity, age or disability.
Additionally, you agree not to:
1. Use the Services to harm or otherwise harass anyone;
2. Use the Services or collect personal data about others for unlawful purposes;
3. Use automated means, including spiders, robots, crawlers, data mining tools,
or the like to download data from the Web Site or the Services - unless expressly
permitted by myhuckleberry.COM;
4. Post non-local or otherwise irrelevant Content, repeatedly post the same or similar
Content or otherwise impose an unreasonable or disproportionately large load on
5. Attempt to gain unauthorized access to myhuckleberry.COM's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes with
the performance of, or impairs the functionality of, the Services or the myhuckleberry.COM
6. Use any form of automated device or computer program that enables the submission
of postings without each posting being manually entered by the author thereof (an
"automated posting device"), including without limitation, the use of any such automated
posting device to submit postings in bulk, or for automatic submission of postings
at regular intervals;
7. Threaten anyone or exploit anyone in a sexual, violent or other objectionable
myhuckleberry.com disclaims all liability for any User Content posted, stored or
uploaded by you or any third party, or for any loss or damage thereto, nor is myhuckleberry.com
liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity,
pornography or profanity you may encounter. Your use of Interactive Areas is at
your own risk. As a provider of interactive services, myhuckleberry.com is not liable
for any statements, representations, responses, comments or other User Content provided
by its users.
Although myhuckleberry.com has no obligation to screen, edit or monitor any of the
User Content posted in any Interactive Area, myhuckleberry.com reserves the right,
and has absolute discretion, to remove, screen or edit any User Content posted or
stored on the Web Site or made available through the Services at any time and for
any reason without notice. Any use of the Interactive Areas or other portions of
the Web Site or the Services in violation of the foregoing violates these Terms
of Use and may result in, among other things, termination or suspension of your
rights to use the Interactive Areas, and/or the Web Site and/or the Services.
If you post User Content to the Web Site or through the Services, you grant myhuckleberry.com
and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such User Content throughout
the world in any media. You grant myhuckleberry.com and its affiliates and sublicensees
the right to use the name that you submit in connection with such User Content,
if they choose. You represent and warrant that (a) you own and control all of the
rights to the User Content that you post or you otherwise have the right to post
such User Content to the Web Site and the Services and to grant the rights granted
herein; (b) the User Content is accurate and not misleading; and (c) use and posting
violate any rights of or cause injury to any person or entity.
myhuckleberry.com will permit You to post an advertisement on this Web Site in exchange
for your payment of a monthly fee, chargeable to your credit card. You may select
the type of ad that You wish to utilize and You authorize myhuckleberry.com to charge
your credit card for the price indicated for such ad. You represent and warrant
that all credit card and personal information that you provide to myhuckleberry.com
for such purposes shall be true and correct. First and last month’s charges shall
be prorated based upon the number of calendar days in the month. In the event that
you choose to upgrade your advertising plan, you can do so at your User Profile
page of the Web Site and your rate increase shall be similarly prorated. In the
event that You choose to downgrade your advertising plan, you may do so at your
User Profile page of the Web Site and the new rate will take effect on the first
day of the month following that in which you submit the change on Our system. There
are no refunds. In the event that myhuckleberry.com chooses to increase rates, it
shall provide you will email notification of such increase at least thirty (30)
days in advance and you may elect to terminate the service prior to such increase
becoming effective by contacting myhuckleberry.com by email. You must promptly inform
myhuckleberry.com of any changes in your credit card information. You may make changes
to your credit card information on your User Profile webpage. All payments shall
be made in U.S. dollars.
IV. General Terms
1. Common Sense and Business Judgment: You acknowledge that We give You access to
the Service Outlet and allow You to sign up on the Service Outlet free of charge.
You agree to use common sense and good business judgment when using the Service
2. Neutral Venue and Digital Clearinghouse: Our Web Site functions solely as a neutral
venue and digital clearinghouse to connect You and the various Users. We do not
endorse or employ You, your Services, or any other Service Provider.
3. Modification of Agreement Terms and Conditions: You acknowledge and agree that
We have the sole discretion at any time to remove any terms and conditions, include
additional terms and conditions, and/or modify any existing terms and conditions
of this Agreement by posting the modified terms and conditions on Our Web Site.
Except as stated below, all modified terms and conditions shall take effect immediately
after posting on Our Web Site. You agree that those modified terms and conditions
shall be considered an effective amendment to this Agreement and said terms and
conditions shall be incorporated herein. Furthermore, You expressly agree that if
there is any conflict between those modified terms and conditions and the specific
terms and conditions set forth herein, the modified terms and conditions shall govern.
This Agreement may not be modified, amended, and or changed by You in any manner.
Furthermore, We may discontinue Our Web Site at anytime without notice to you and
without any liability or responsibility to you.
4. Labor Only: You agree that You will offer only services involving labor through
the Service Outlet. You agree that You will not use Your participation in the Service
Outlet as a means to sell or market any types of goods or products with the exception
of any goods or products that may be necessary for the completion of your Services.
5. Disputes: Because we are a neutral venue (as explained above), We are not responsible
for resolving any disputes between You and the Customer regarding Services. All
disputes must be resolved between You and the Customer. Therefore, if We are contacted
by a Customer who claims to have a dispute with You regarding the Services and they
request Your contact information (including but not limited to any of Your provided
phone numbers and/or addresses) to settle the dispute, You expressly authorize us
to release Your provided contact information to the Customer and You agree to release
us from any and all liability associated therewith.
6. Indemnity/Hold Harmless. You agree to indemnify, defend and hold Us, our parent
company, subsidiaries, affiliated companies and their respective shareholders, directors,
officers, employees, agents, attorneys, successors and/or assigns, (the “Indemnified
Parties”) harmless from and to reimburse the Indemnified Parties for any claims,
cost, expenses, losses, demands, damages, legal fees and costs, penalties, and/or
liabilities of any kind or nature, resulting from or relating in any way to Customer
changes or cancellations, or the operation of Your business, including use of this
website. You further agree to indemnify, hold harmless and defend Us against any
claims asserted or threatened against Us by a Customer related to or arising in
any way out of your breach of warranties or representations, Services, operation
of Your business, use of our website, or failure to provide scheduled Services.
We may defend any such claim, at our option, and You must pay our attorney fees
and costs. This indemnity will continue in full force after expiration or termination
of this Agreement.
7. No Unlawful or Prohibited Use. You may not use this Web Site to offer any unlawful
or prohibited services. You are responsible for knowing and following all local,
state-wide or national laws, rules and regulations regarding your services. We reserve
the right to permanently block your access to this site if We find that you have
been offering and/or conducting illegal services through this web site.
8. Right to Reject or Remove myhuckleberry.com Affiliate: We reserve the absolute
right to reject Your participation or to remove you from your current participation
in the Service Outlet at any time and for any reason or for no reason and without
notice to You. An event that may result in the rejection or removal of Your participation
can include but is not limited to: any circumvention of the Service Outlet by You
or by others at Your direction; Your creation, maintenance and/or management of,
or payment from, more than one profile whether or not such additional profiles were
created at Your direction or by others at Your direction; any failures to verify
Your identification verification information; any attempt by You to improperly influence,
or cause another to, improperly influence the review of the Customer; any attempt
by You to harass, or cause another to harass, or commit inappropriate communications
with a Customer and/or a failure to deliver the promised Services on time; and/or
any attempt by you to harass, or cause another to harass, or commit inappropriate
communications with one of Our representatives.
9. Petition for Reinstatement as a myhuckleberry.com Service Provider: Under certain
circumstances, you may petition for reinstatement. Your Petition for Reinstatement
must include a written statement as to why You should be reinstated as a myhuckleberry.com
Affiliate and Your contact information. Your Petition shall be reviewed by myhuckleberry.com
at Our discretion and any determination as to Your reinstatement will be based on
Our sole judgment. Your submission of a Petition does not, in any manner, guarantee,
that You will be reinstated and We specifically disclaim any and all representations
with respect to such guarantee. We will contact You as to Our decision to reinstate
You. We are not obligated to give You any reason or basis as to Our decision. You
understand that any decision as to reinstatement may be a simple, yes or no and
that all decisions are final. If the Decision is made to reinstate You, You may
be required to pay a non-refundable reinstatement fee of $50. Account re-activation
will be completed upon receipt of payment. Any reinstatement does not in any manner
modify or change Your obligations as a Service Provider as described in this Agreement
(and/or later modifications thereof) or as described in the Service Outlet.
You may NOT petition for reinstatement to the Service Outlet if Your removal was
based upon any of the following:
a. Any attempt by You to, or cause another to, improperly influence the review of
b. Any attempt by You to harass, or cause another to harass, or commit inappropriate
communications with a Customer.
c. Any attempt by You to harass, or cause another to harass, or commit inappropriate
communications with one of Our representatives.
d. If you have been charged or convicted of a felony and/or misrepresented the same.
We reserve the right to modify this list from time to time and You expressly agree
that You are not entitled to any prior notice of any changes.
10. Taxes: You are responsible for collecting and remitting any and all taxes associated
with the transaction for Services.
11. Record Keeping/Audit: We reserve the right to keep all records of any and all
transactions and communications between You and the Customer for Service Outlet
administration purposes or for other legal purposes.
12. Non-Interference: You shall not otherwise interfere with any of Our other business
relationships including those with Our Customers and other Service Providers.
13. No Felony Convictions: You represent and warrant that You, and any individuals
associated with You who will perform the Services, have not been convicted of a
felony. Furthermore, You represent or warrant that there are currently no legal
proceedings (including, but not limited to, criminal, civil, or administrative)
instituted against You that will prevent You from performing the Services.
14. Applicable Law. This website is created and controlled by myhuckleberry.com,
Inc. in the State of Washington, United States of America. As such, the laws of
the state of Washington will govern these disclaimers, terms, and conditions, without
giving effect to any principles of conflicts of laws. By use of this website you
irrevocably consent for any and all disputes with myhuckleberry.com, Inc. to the
venue of state or federal courts located in the State of Washington. If you access
the website from outside of the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. We reserve the right
to make changes to our site and these disclaimers, terms, and conditions at any
time upon thirty (30) days prior email notification to the email address provided