Terms of Service

Effective Date: January 1, 2025

1. Definitions

For the purposes of these Terms of Service:

  • "Platform" refers to Awesome Community (awesomecommunity.work), including all associated websites, applications, and services.
  • "Operator," "We," "Us," or "Our" refers to Awesome Community and its owners, operators, officers, directors, employees, agents, and affiliates.
  • "User," "You," or "Your" refers to any individual or entity accessing or using the Platform.
  • "Content" refers to any information, data, text, images, videos, or other materials uploaded, posted, or transmitted through the Platform.
  • "Services" refers to all features, functionality, and services provided through the Platform, including but not limited to job listings, contractor connections, messaging, and community features.

2. Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms in their entirety, you are prohibited from using the Platform and must discontinue use immediately.

3. Eligibility

You must be at least eighteen (18) years of age to use this Platform. By using the Platform, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

4. Account Registration and Security

  • You agree to provide accurate, current, and complete information during registration.
  • You are solely responsible for maintaining the confidentiality of your account credentials.
  • You accept full responsibility for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account.

5. Platform Services and Third-Party Interactions

5.1 Intermediary Role: The Platform serves solely as an intermediary to facilitate connections between users, including but not limited to employers, contractors, workers, and customers. We do not employ, endorse, recommend, or guarantee any user, contractor, or service provider on the Platform.

5.2 Independent Contractors: All contractors and service providers on the Platform are independent third parties. We have no control over and assume no responsibility for the quality, safety, legality, or any other aspect of services provided by third parties.

5.3 User Verification: While we may offer optional verification features, we make no representations or warranties regarding the accuracy, completeness, or reliability of any verification, background check, or user-provided information.

6. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the fullest extent permitted by applicable law, we expressly disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
  • Warranties regarding the accuracy, reliability, completeness, or timeliness of any Content or Services;
  • Warranties that the Platform will be uninterrupted, secure, error-free, or free of viruses or other harmful components;
  • Warranties regarding the results obtained from use of the Platform or the accuracy of any information obtained through the Platform.

7. Limitation of Liability

7.1 Exclusion of Damages: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE OPERATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • Direct, indirect, incidental, special, consequential, punitive, or exemplary damages;
  • Loss of profits, revenue, data, goodwill, or other intangible losses;
  • Damages resulting from unauthorized access to or alteration of your transmissions or data;
  • Damages resulting from statements or conduct of any third party on the Platform;
  • Personal injury, property damage, or any other damages arising from your use of or inability to use the Platform;
  • Any damages arising from interactions, transactions, or disputes between users;
  • Any damages arising from services performed by contractors or third parties connected through the Platform.

7.2 Aggregate Liability Cap: IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD).

7.3 Basis of the Bargain: YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE OPERATOR, AND THE OPERATOR WOULD NOT PROVIDE THE PLATFORM WITHOUT SUCH LIMITATIONS.

8. Assumption of Risk

You expressly acknowledge and assume all risks associated with:

  • Interactions with other users, contractors, employers, or any third parties;
  • Services performed by or contracted through the Platform;
  • Any transactions, agreements, or arrangements made through the Platform;
  • The accuracy, quality, safety, or legality of any job listings, work requests, or services;
  • Any physical harm, property damage, or financial loss resulting from in-person meetings or services.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Operator and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from or related to:

  • Your use of or access to the Platform;
  • Your violation of these Terms;
  • Your violation of any third-party rights, including intellectual property, privacy, or publicity rights;
  • Your Content or any information you provide;
  • Any dispute or interaction between you and any third party;
  • Your negligent or wrongful conduct.

This indemnification obligation shall survive the termination of these Terms and your use of the Platform.

10. User Conduct

You agree not to:

  • Post false, misleading, defamatory, or fraudulent information;
  • Infringe upon any third party's intellectual property, privacy, or other rights;
  • Engage in harassment, discrimination, abuse, or threatening behavior;
  • Use the Platform for any unlawful purpose or in violation of any applicable laws;
  • Attempt to gain unauthorized access to any portion of the Platform;
  • Interfere with or disrupt the Platform's operation or security.

11. Intellectual Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, and software, are the exclusive property of Awesome Community or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

12. Dispute Resolution and Arbitration

12.1 Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association.

12.2 Class Action Waiver: YOU AGREE TO RESOLVE ANY DISPUTES ON AN INDIVIDUAL BASIS AND WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

12.3 Small Claims Exception: Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdiction.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Pennsylvania.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity of any provision shall not affect the validity or enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and the Operator concerning your use of the Platform and supersede all prior agreements, representations, and understandings.

16. Modifications to Terms

We reserve the right to modify these Terms at any time in our sole discretion. Material changes will be posted on the Platform with an updated effective date. Your continued use of the Platform following the posting of revised Terms constitutes your acceptance of such changes.

17. Contact Information

For questions or concerns regarding these Terms, please contact us at:

Email: workconx@gmail.com

BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Awesome Community