ATMYDOORSTEP.COM INC. TERMS OF SERVICE AND SITE USAGE POLICY

Last updated on January 28, 2012

This User Agreement is effective as of January 28, 2012. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

ATMYDOORSTEP.COM doing business as ATMYDOORSTEP.COM INC. is a California corporation which acts as an online marketplace where “Customers” can search for a variety of “Service Providers” such as plumbers, gardeners, nannies, caterers, general contractors, roofers, etc., post jobs, and award jobs to Service Providers. Similarly, Service Providers can look for jobs posted by a Customer, send proposals to Customers, and get work assigned to them from Customers. Customers have the opportunity to read about experiences other Customers have had with Service Providers and to provide their own reviews and ratings on the Service Providers based on the work done by the Service Provider(s) for the Customer. Both Customers and Service Providers are considered “Users” of this site.

TERMS OF USE

1. ACCEPTANCE OF TERMS

1.1 In order to use the service provided by ATMYDOORSTEP.COM, you must first agree to the terms of use and accept them. If you do not accept the terms, you may not use the service.

1.2 You can accept the terms

(A) By Clicking “I accept Terms and Conditions”, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND OTHER ARTICLES CONTAINED IN THIS AGREEMENT.

(B) By actually using the services provided by ATMYDOORSTEP.COM as the use of services will be treated as the acceptance of the terms from that point onward.

1.3 You may not use the site if you are not of legal age to form a contract (18 years or older) or are barred from using services under the laws of the United States or any other countries, including the country of your residence.

1.4 By accepting the Terms of Use you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the site; (b) be financially responsible for your use of the site and the purchase or delivery of Provider Services; and (c) perform your obligations as specified by any contract that you accept, unless such obligations are prohibited by law or by this agreement.

1.5 ATMYDOORSTEP.COM INC. reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.



2. USE OF SERVICES

2.1 In order to use services provided by ATMYDOORSTEP.COM, you may be required to provide personal or business information about yourself or your company as part of the registration process for the service. You agree that any information you provide to ATMYDOORSTEP.COM will be accurate, correct and relevant.

2.2 You agree to use the services only for the purposes that are permitted by a) the Terms of Use and b) applicable laws, regulations, or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other countries).

2.3 You agree that you will not engage in any activity that interferes with or disrupts the ATMYDOORSTEP.COM Services

2.4 You agree that you are solely responsible for (and that ATMYDOORSTEP.COM has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which ATMYDOORSTEP.COM may suffer) of any such breach.

2.5 ATMYDOORSTEP.COM is not responsible for the accuracy of the information provided by the Users.

2.6 ATMYDOORSTEP.COM is not responsible for reviews provided by Users of this site. Service Providers agree not to pursue legal action against Customers for their reviews. Service Providers can refute or provide justification of a review they believe to be inaccurate.

2.7 Neither Customer nor Service Provider can pursue legal action against ATMYDOORSTEP.COM for any defamation claims arising from reviews and/or feedback posted on the site.

2.8 ATMYDOORSTEP.COM is not responsible for any negotiations resulting in payment (or non-payment) between Customer and Service Provider.

3. USE VOID WHERE PROHIBITED

Use of this service is void where prohibited.

4. PRIVACY POLICY

ATMYDOORSTEP.COM INC. has established a privacy policy to explain to users how their personal information is collected and used. This is located at Privacy Policy Page

5. DISPUTE RESOLUTION

ATMYDOORSTEP.COM is not responsible for any dispute between Service Providers and Customers. ATMYDOORSTEP.COM INC. is a neutral party to any dispute or claim between the Service Provider and the Customer. All disputes between the Service Provider and the Customer must be resolved by these two parties without involving ATMYDOORSTEP.COM INC., based on the laws of applicable jurisdiction.

6. FEES


Membership Fee. Providers can choose various membership programs to subscribe to different levels of

participation as defined on the site.


Payment Processing Fee. Fee to cover expenses and fees ATMYDOORSTEP.COM INC.

incurs to banks, credit card companies, PayPal, and payment processors.


Other Fees. ATMYDOORSTEP.COM INC. may choose to offer additional features, such as Featured Posts or verification features, for additional fees.




7. ACCOUNTS


To become a User and access services through our Site you must register for an "Account.” You

agree to provide true, accurate and complete information as prompted by the registration form and all forms

you access on the Site, and to update this information to maintain its truthfulness, accuracy and

completeness. You cannot register for more than one Customer Account and one Service Provider Account without express written permission from ATMYDOORSTEP.COM INC. Additionally, you agree to be fully responsible and liable for any action of any User who uses the Account. You agree (1) not to use any Account, username, or password of another User of the Site that you are not authorized to use, and (2) not to allow others who are not authorized to do so to use the Account. Your ATMYDOORSTEP.COM INC. Account and username are not transferable, and any transfer or attempted transfer to another party is null and void.


8. USERNAMES AND PASSWORDS


When a User registers an Account, the User will be asked to choose a username and password for

the Account. As a User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. You authorize ATMYDOORSTEP.COM INC. to assume that any person using the Site with your username and password

either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or access to your password.


9. THIRD-PARTY CONTENT


9.1 Directory of Service Providers

The Site contains a directory of Service Providers. The directory is populated with information from Service Providers themselves. ATMYDOORSTEP.COM INC. provides this directory as a

convenience and does not confirm or verify the information contained in it.


9.2 Verification and Monitoring

ATMYDOORSTEP.COM INC. makes available to Users on the Site various services provided by third parties to verify a Service Provider’s credentials, provide testing services, or provide information. Any opinions, advice, statements, services, offers or other information or content expressed or made available by these third parties or any other Users are those of the respective author(s) or distributor(s) and not of ATMYDOORSTEP.COM INC.. ATMYDOORSTEP.COM INC. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement

made on the Site by anyone other than authorized ATMYDOORSTEP.COM INC. employees acting in their official capacities.


9.3 Links

This Site may contain links to other Web sites or resources and your access and use of those Web sites, resources or services, including the online communication services, will be governed by the terms and policies of the Web site or resource or Provider. You acknowledge and agree that ATMYDOORSTEP.COM INC. is not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. Use of the links and these services is at your own risk.



10. LICENSES AND SITE ACCESS

10.1 Access and Interference

Visitors and Users must access Secure Areas through browsers employing an encryption level of at least

one hundred twenty eight (128) bits. You understand and agree to immediately stop using or accessing

Secure Areas if your browser does not support such a level of encryption. If your browser does not allow

such encryption then you may be blocked from using the Site. The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are offered on the Site without the prior express written permission of ATMYDOORSTEP.COM INC. and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any subparts of the Site including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (g) upload invalid data, viruses, worms, or other software agents through or to the Site; (h) collect or harvest any personally identifiable information, including account names, from the Site; or (i) access any content on the Service through any technology or means other than those provided or authorized by the Service.


10.2 User Content

Some areas of the Site may allow Users to post feedback, comments, questions, and other information (“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to

or otherwise make available (hereinafter, “post”) through the Site, and you agree that we are only acting as

a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, ATMYDOORSTEP.COM INC. does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. To the extent that your User Content contains music or video, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. ATMYDOORSTEP.COM INC. reserves the right, but is not obligated, to reject and/or remove any User Content that ATMYDOORSTEP.COM INC. believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. ATMYDOORSTEP.COM INC. takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. ATMYDOORSTEP.COM INC. is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that ATMYDOORSTEP.COM INC. shall not be liable for any damages you allege to incur as a result of such User Content. Furthermore, ATMYDOORSTEP.COM INC. has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. ATMYDOORSTEP.COM INC. does not confirm or verify whether a Service Provider has the expertise, or is qualified or licensed to provide the Provider Services or advice being requested.


10.3 User License to ATMYDOORSTEP.COM INC.

You retain all your ownership rights in your User Content. By posting any User Content on the Site, you

expressly grant, and you represent and warrant that you have a right to grant, to ATMYDOORSTEP.COM INC. a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and ATMYDOORSTEP.COM INC.’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that ATMYDOORSTEP.COM INC. may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable. You may choose to or we may invite you to submit comments or ideas (“Ideas”) about the Site, including without limitation about how to improve the Site or our products. By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place ATMYDOORSTEP.COM INC. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, ATMYDOORSTEP.COM INC. does not waive any rights to use similar or related ideas previously known to ATMYDOORSTEP.COM INC., or developed by its employees, or obtained from sources other than you.


10.4 Additional User Representations and Warranties

You shall be solely responsible for your own User Content and the consequences of posting or publishing it.

In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

a. You are at least 18 years of age or a legal entity and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use.

c. Your User Content and ATMYDOORSTEP.COM INC.’s use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.

d. ATMYDOORSTEP.COM INC. may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.


10.5 ATMYDOORSTEP.COM INC. License to User

Subject to and conditioned on compliance with this Agreement, ATMYDOORSTEP.COM INC. grants you a limited license to access and, if you are a User, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of ATMYDOORSTEP.COM INC. or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by ATMYDOORSTEP.COM INC.. ATMYDOORSTEP.COM INC. and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The ATMYDOORSTEP.COM INC. logo and name are trademarks of ATMYDOORSTEP.COM INC., and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of ATMYDOORSTEP.COM INC.'s or any third party's Intellectual Property Rights


11. RESOLUTION OF DISPUTES BETWEEN MEMBER AND ATMYDOORSTEP.COM INC.


If a dispute arises between you and ATMYDOORSTEP.COM INC., our goal is to resolve such dispute quickly and cost-effectively. Before resorting to other alternatives, you agree to first contact ATMYDOORSTEP.COM INC. directly to seek dispute assistance

.

11.1 Law and Forum for Disputes

This Agreement is governed in all respects by the laws of the State of California without giving effect to any

principle that may provide for the application of the law of another jurisdiction. You agree that any claim or

dispute you may have against ATMYDOORSTEP.COM INC. must be resolved by a court located in San Mateo County, California. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.


11.2 Arbitration Option

For any claim arising between you and ATMYDOORSTEP.COM INC. where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the ADR provider will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.


11.3 Improperly Filed Claims

Should you file a claim contrary to this section of the Terms of Use, ATMYDOORSTEP.COM INC. will be entitled to recover attorneys’ fees and costs up to $2,000, provided that ATMYDOORSTEP.COM INC. has notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly withdraw the claim.


12. TERM; TERMINATION AND SUSPENSION


This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by ATMYDOORSTEP.COM INC. or you as the User. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual

agreement represented by this Agreement at any time upon notice to the other party. In such event, your

Account is automatically terminated and (i) ATMYDOORSTEP.COM INC. shall continue to perform those ATMYDOORSTEP.COM INC. Services necessary to complete any open transaction between you and another User; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to ATMYDOORSTEP.COM INC. for any Site Services and to any Service Providers for any Provider Services. Without limiting ATMYDOORSTEP.COM INC.'s other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site or outlined here; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users or for ATMYDOORSTEP.COM INC. or are contrary to the interests of the Site or the ATMYDOORSTEP.COM INC. user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting ATMYDOORSTEP.COM INC.'s other remedies, to the extent you engage in actions or activities which circumvent the ATMYDOORSTEP.COM INC. Site or otherwise reduce fees owed ATMYDOORSTEP.COM INC. under this Agreement, you must pay ATMYDOORSTEP.COM INC. for all fees owed to ATMYDOORSTEP.COM INC. and reimburse ATMYDOORSTEP.COM INC. for all losses and costs (including any and all ATMYDOORSTEP.COM INC. employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. ATMYDOORSTEP.COM INC. reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its sole discretion, and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals. The information contained in this agreement will survive termination of your account.


12.1 Notification of ATMYDOORSTEP.COM INC. Users

You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of

User Account status to all Members, including both yourself and other Users who are participating in contracts with you. You therefore agree as follows: IF ATMYDOORSTEP.COM INC. SUSPENDS OR TERMINATES YOUR ACCOUNT OR CONTRACT, ATMYDOORSTEP.COM INC. HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER USERS ENGAGED IN ACTIVE CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.


13. DISCLOSURES


ATMYDOORSTEP.COM INC., located in San Mateo, California, is the provider of the electronic commerce service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact ATMYDOORSTEP.COM INC. to resolve a complaint regarding any aspect of service relating to this Site by contacting us at Customer Support.


14. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS


14.1 Data

You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on ATMYDOORSTEP.COM INC.'s part to store, backup, retain, or grant access to any information or data for any period. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.


14.2 WARRANTY DISCLAIMER

THE SITE SERVICES PROVIDED BY ATMYDOORSTEP.COM INC. OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING

LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE

ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


14.3 LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE

LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT.


15. RELEASE


If you have a dispute with another User of the site, you release ATMYDOORSTEP.COM INC. (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


16. INDEMNITY

You agree to defend, hold harmless and indemnify ATMYDOORSTEP.COM INC. from and against any and all losses, costs, expenses, damages or other liabilities incurred by ATMYDOORSTEP.COM INC. from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against ATMYDOORSTEP.COM INC.: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Users of the site; (iv) any breach of contract or other claims made by Users with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any User; (viii) any act or omission of yours with respect to the payment of fees to any Service Provider; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Service Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.


17. NOTICES AND COMMUNICATIONS


17.1 Communications from ATMYDOORSTEP.COM INC. to you

Unless you otherwise indicate in writing to Customer Support, ATMYDOORSTEP.COM INC. will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when ATMYDOORSTEP.COM INC. sends it to the email address you have provided to ATMYDOORSTEP.COM INC. on the Site, or when ATMYDOORSTEP.COM INC. posts such communication on the Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from ATMYDOORSTEP.COM INC. regarding violation, dispute or complaint within two business days, ATMYDOORSTEP.COM INC. has the right to terminate or suspend your contract or your Account.


18. MISCELLANEOUS TERMS AND CONDITIONS


You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of

this Site may not be legal for or by certain persons or in certain countries. ATMYDOORSTEP.COM INC. will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of ATMYDOORSTEP.COM INC.. No delay or omission by ATMYDOORSTEP.COM INC. in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of ATMYDOORSTEP.COM INC., and any attempt to do so will be null and void. ATMYDOORSTEP.COM INC. may assign this Agreement in its sole discretion. This Agreement, together with any other legal notices and agreements published by ATMYDOORSTEP.COM INC. via the Site, shall constitute the entire agreement between you and ATMYDOORSTEP.COM INC. concerning the Site. If any provision of this

Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

The Site is controlled and operated from its facilities in the United States. ATMYDOORSTEP.COM INC. makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use or access the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the United States. Except for the payment of fees to ATMYDOORSTEP.COM INC., neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay. The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in this Agreement comprise the entire agreement between you and ATMYDOORSTEP.COM INC. with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site.

19. CERTAIN DEFINED TERMS


As used throughout this Agreement:

Account” means the ATMYDOORSTEP.COM INC. Account you open when you register to become a User and use the Site Services.

Customer” means a person looking to find service providers to do their job or to post a job on ATMYDOORSTEP.COM

User” means a person or legal entity using the site to investigate and purchase Provider Services or a person or legal entity attempting to Provide services through the Site who registers for an account.

ATMYDOORSTEP.COM INC. Services” means the creation, hosting, maintenance, and provision of the Site and all services delivered by ATMYDOORSTEP.COM INC. that are accessible through the Site. The term ATMYDOORSTEP.COM INC. Services does not include Provider Services or Third-Party Services.

Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

Payment Service” means the ATMYDOORSTEP.COM INC. Billing and Payment Service.

Service Provider” means a User that offers and delivers Provider Services or identifies a customer through the Site.

Provider Services” means all services delivered by Providers.

Services Agreement” means the Agreement between Customer and Service Provider and this Services Agreement may be modified by Customer and Service Provider. A Services Agreement may include specifications, price, milestones, deliverables, units of work, hours, payment terms, warranties and other contractual obligations.

Site Policies” means the Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site.

Site Services” means all services that are accessible through the Site except Provider Services.

Third-Party Services” means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include ATMYDOORSTEP.COM INC. Services or Provider Services.

Visitor” means a person who is only visiting the Site, not a Member or User.

You” means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; or, if the Site Services are used on behalf of a Member, "you" means the Member for which the Site Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).

20. CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact ATMYDOORSTEP.COM INC. Customer Support as follows:

Email: support@ATMYDOORSTEP.COM


Site Usage Policy


This Site Usage Policy incorporates by reference all terms, conditions, rules, policies and guidelines on the Site, including the ATMYDOORSTEP.COM INC. Terms of Use. This Site Usage Policy is effective as of January 28, 2012. Your continued use of the Site after such time will signify your acceptance of this Site Usage Policy. We reserve the right to modify the provisions in this Site Usage Policy without prior notice to you, so please check back often for updates.


COMMUNICATION

ATMYDOORSTEP.COM INC. encourages detailed and professional communication between Customers and Service Providers through the Site. You may log onto the Site to manage Jobs including clarifications and agreements around scope. If there is a dispute, all written communication on the Site, including Job posting, proposals, and messages will serve as the record for resolution of the dispute. ATMYDOORSTEP.COM INC. provides a designated space in the Service Provider profile to enter email address, and telephone number.


POSTING INFORMATION AND CONTENT

You agree to provide true, accurate and complete information whenever you post any information or content on the Site (including but not limited to posting a request for Provider Services, providing a proposal for a posted Job, posting your profile and providing feedback). You agree to update such information whenever it changes. You agree to use good judgment when posting information, remarks or other content regarding other Users, Members, Customers, Service Providers, ATMYDOORSTEP.COM INC. or any other third party. You understand that you may be held legally responsible for damages suffered by other Users, Members, Customers, Service Providers, ATMYDOORSTEP.COM INC. or any third party as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the ATMYDOORSTEP.COM INC. Site. Under federal law (specifically, the Communications Decency Act of

1996), ATMYDOORSTEP.COM INC. is not legally responsible for any remarks, information or other content posted or made available on its Site by any User or third party, even if such information or content is defamatory or otherwise legally actionable. ATMYDOORSTEP.COM INC. is not responsible for and does not monitor or censor content for accuracy or reliability. ATMYDOORSTEP.COM INC. reserves the right to remove or restrict access to any information, content or Job posted or made available on the Site in its sole discretion, or if ordered to do so by a court, or if ATMYDOORSTEP.COM INC. considers such information or content to be in violation of the ATMYDOORSTEP.COM INC. Terms of Use.


POSTING JOBS

As a Customer, when posting Jobs and hiring Service Providers, you agree to the following guidelines:

Post Jobs with clear scope, well-defined deliverables and required time frames. Answer clarifying questions from Service Providers and update the Job description. Accept a proposal only when it has a clear description of the work, well-defined deliverables, precise timeframes and payment terms.

Evaluate multiple proposals against criteria important to you, such as a Service Provider's work experience, education, portfolio, certifications, references, feedback from prior Customers, location, communication style and cost.


PROHIBITED JOB POSTINGS

You agree NOT to do the following when you post a Job or transmit information on the Site:

  • Post any Job, submit any proposal, or otherwise use ATMYDOORSTEP.COM INC. to transmit any content or conduct any transaction that would violate any applicable law or regulation in the U.S. and any other country.

  • Post any Jobs that are fake, posted without the intention to hire or complete the Job, or posted only to receive pricing information.

  • Post any Jobs that offer commission or equity compensation.

  • Post any Jobs that request free services.

  • Post any Job, proposal, deliverable or transmit any content that infringes a third party's intellectual property rights, license rights, the terms and conditions of use of such third party's Web site or copyrighted materials or such third party's rights of publicity or privacy.

  • Post any Job, proposal, or deliverable or transmit any content related to or containing any adult or sexually explicit material.

  • Post Jobs related to bulk email or spam, including but not limited to bulk email hosting, scripts, active code, programs, proxies, lists and relay servers.

  • Post any Job, submit any proposal that violates, or has the potential to violate, the integrity of academic and professional applications, tests and work, for example, by passing off the skills, ideas or words of another as one's own; using another's production or content without crediting the source; presenting as new and original, ideas or products derived from an existing source; presenting fabricated facts, persons or sources as real.


PROHIBITED SITE ACTIVITIES

You agree NOT to do any of the following on the Site:

  • Post false or misleading information about a product, service or service request.

  • Post logos, seals or slogans from third parties on the Site unless such material is provided by ATMYDOORSTEP.COM INC. or an ATMYDOORSTEP.COM INC. partner, or you have received express written permission from ATMYDOORSTEP.COM INC. to display such third party logo, seal or slogan.

  • Post or transmit any content that is profane, vulgar, racist, offensive, threatening, harmful, abusive, defamatory or disparaging.

  • Post or transmit unprofessional or offensive comments about a User, Member, Service Provider, Customer, ATMYDOORSTEP.COM INC., or any third party.

  • Post or introduce software on the Site that: (i) is designed to disrupt, disable, harm or otherwise impede

  • in any manner, including aesthetic disruptions or distortions, the operation of this Site or any other software, firmware, hardware, computer system or network (sometimes referred to as "viruses" or "worms"); (ii) would disable or impair this Site or any other software, firmware, hardware, computer systems or networks in any way where such disablement or impairment is caused by the elapsing of a period of time, exceeding an authorized number of copies, advancement to a particular date or other numeral (sometimes referred to as "time bombs," "time locks" or "drop dead" devices); (iii) would permit you or any other person to access this Site or any other software, firmware, hardware, computer systems or networks to cause such disablement or impairment or transmit information (sometimes referred to as "traps," "access codes," or "trap door" devices, or "spyware"); or (iv) which contains any other similar harmful, malicious or hidden procedures, routines or mechanisms which would cause such programs to cease functioning or to damage or corrupt data, storage media, programs, equipment or communications or otherwise interfere with operations.

  • Access, tamper with or use non-public or non-authorized areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

  • Tamper with postings of other Users, Members or ATMYDOORSTEP.COM INC..

  • Solicit or gather any User's or Member's information available from the Site, such as other usernames and email addresses, for any commercial or business purposes or to transmit any unsolicited advertising, junk mail, spam or chain letters.

  • Do anything which would create or impose an unreasonable or disproportionately large burden or load on the Site.

  • Use robots, spiders, scrapers or other automated means to access information in our Site for any purpose without express written permission from ATMYDOORSTEP.COM INC..

  • Frame or link to the Site except as permitted in writing by ATMYDOORSTEP.COM INC..

  • Impersonate or misrepresent your affiliation with any person or entity.

  • Require or request that a Service Provider deliver a free mock-up or proof of concept as part of a proposal submission or as a condition to consideration of a proposal.

  • Repeat any action after you receive warning or request to desist from ATMYDOORSTEP.COM INC., whether or not that action is explicitly prohibited in the policies stated on the Site.

  • Fail to respond to an email from ATMYDOORSTEP.COM INC. regarding violation, dispute or complaint within two business days.

  • Use the Site if you are not able to form legally binding contracts, are under age or are temporarily or indefinitely suspended from our Site.

  • Take any action that may undermine the feedback or ratings systems (such as importing or exporting feedback information off the Site, or using feedback as an extortion mechanism).

  • Copy, modify or distribute content from the Site, except for your own information and use, without the prior express written permission from ATMYDOORSTEP.COM INC..

  • Select a Customer or hire a Service Provider on the basis of religion, sex or race.

  • Violate a request by ATMYDOORSTEP.COM INC. to not post Jobs deemed by ATMYDOORSTEP.COM INC. in its sole discretion to be contrary to the interests of the Site or the ATMYDOORSTEP.COM INC. User community.



PROVIDING SERVICES

Registering to Provide Services

If you wish to provide services through ATMYDOORSTEP.COM INC., you must complete the Service Provider registration process and select a membership program. You agree to provide true, accurate, complete information and to update such information to maintain its truthfulness, accuracy and completeness. For purposes of your ATMYDOORSTEP.COM INC. registration information, your true, accurate, complete location is the primary place from which your Provider Services are rendered. Misleading information about your location is not allowed on ATMYDOORSTEP.COM INC.. At the beginning of your membership application, and from time to time thereafter, your Account may be subject to verification as well as editorial and feedback reviews. ATMYDOORSTEP.COM INC. can suspend or terminate your Account upon the discovery that any information you provided or posted is not true, accurate or complete, or as a result of other violations of the ATMYDOORSTEP.COM INC. Terms of Use.


Proposal Guidelines

As a Service Provider, you agree to follow these guidelines when you submit a proposal:

  • Provide proposals only for Jobs that you are a good fit for and you can complete within the Customer's time frame.

  • Help the Customer clarify his or her needs and fully develop the Job scope and deliverables.

  • Write a specific, detailed proposal with clear scope, deliverables and milestones.

  • Set expectations that you can meet or exceed.

  • Specify payment terms that tie to the completion of milestones.

  • Specify how change orders will be handled.

  • Specify how warranty work will be handled.

  • Submit an accurate proposal reflecting your understanding of the scope of the Job and the amount of time/effort you plan to commit in order to provide high Customer satisfaction.

  • Inform the Customer of your office hours and committed response time.

  • Submit a new proposal when needed to reflect any changes to price, delivery date or approach, prior to the end of the proposal period.

  • Not submit unreasonably low proposal prices or test proposals. If you wish to submit a proposal but require more information about the Job, request more information from the Customer, indicating your assumptions regarding the Job scope in your proposal and making explicit that you will update the proposal once you receive more information.

  • Not submit proposals that are made with the intent to commit fraud.

  • Not submit boilerplate, placeholder or generic proposals.

  • Not offer your services in exchange for good feedback or for free.


Job Fulfillment Guidelines

You agree to the following Job fulfillment guidelines:

  • Inform the Customer if a committed deliverable will be missed, offering an explanation and proposing a revised date.

  • Inform the Customer if you will be unavailable for more than one business day.

  • Respond promptly, within 1 business day, to all Job-related communication, whether from the Customer or from ATMYDOORSTEP.COM INC.


Audit Provisions and Record Keeping

For a period of one year after accepting each Job, you agree to keep and maintain complete and accurate records related to the Provider Services that you perform for your Customer, including the service description, the proposal and payment terms, and information on all repeat or follow-up Provider Services performed for each Customer originated on ATMYDOORSTEP.COM INC.. If questions arise regarding services rendered, work performed or fees due to ATMYDOORSTEP.COM INC., you agree to provide copies of these records and other relevant documentation to ATMYDOORSTEP.COM INC. within 20 days of ATMYDOORSTEP.COM INC.’s request.


RATING AND FEEDBACK SYSTEM

Always leave objective balanced feedback about the Users with whom you have transacted. You acknowledge and agree that the Site contains public feedback from Users with whom you have transacted.

You acknowledge that feedback results for you may consist of comments and ratings left by other Users and that ATMYDOORSTEP.COM INC. may calculate a composite feedback number based on these individual ratings. Providers agree to be rated by Customers along several criteria, as determined by ATMYDOORSTEP.COM INC.. ATMYDOORSTEP.COM INC. provides its feedback and rating system as a means through which Users can express their opinions publicly, and ATMYDOORSTEP.COM INC. does not monitor or censor these opinions or investigate any remarks posted by Users for accuracy or reliability unless a User brings the posting to ATMYDOORSTEP.COM INC.'s attention. You may be held legally responsible for damages suffered by other ATMYDOORSTEP.COM INC. Users or third parties as a result of your remarks if a court finds that your remarks are legally actionable or defamatory. Under federal law, ATMYDOORSTEP.COM INC. is not legally responsible for any feedback or comments posted or made available on this Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. You agree to report violations or abuses of our rating and feedback system immediately by contacting Customer Support, and agree not to take any actions that undermine the integrity of the feedback system, including but not limited to the following:

  • Leaving feedback for yourself, using a secondary username or another User’s username.

  • Leaving fake or inaccurate feedback for another User or Member.

  • Soliciting other ATMYDOORSTEP.COM INC. Users to leave fake or inaccurate feedback.

  • Threatening to leave negative feedback to induce another User or Member to perform a task not required by the Member Contract.

  • Withholding deliverables or funds required by the Member Contract to induce another User or Member to leave positive feedback or no feedback.

  • Feedback solicitation such as offering to sell or buy services in exchange for good feedback, trading feedback undeservedly or buying feedback.


In order to protect the integrity of the feedback system and protect Users from abuse, ATMYDOORSTEP.COM INC. will investigate and has the right (but is under no obligation) to remove posted feedback or information under the following scenarios:

  • It seeks to elicit or solicit any User's contact information, such as other Users' email addresses, for any

  • non-ATMYDOORSTEP.COM INC.-related commercial or business purposes, or to transmit any unsolicited advertising, "junk mail," "spam," or "chain letters."

  • It contains language that is profane, vulgar, or racist or contains adult material. Insulting or inflammatory feedback is strongly discouraged but will not be removed.

  • It is shown to have been left by any User who is in violation of ATMYDOORSTEP.COM INC.'s Eligibility requirements, or by or for a User who has conducted any fraudulent transaction.

  • It is not directly related to transactions conducted through ATMYDOORSTEP.COM INC..

  • It makes any reference to actions taken or purported to be taken by ATMYDOORSTEP.COM INC. or any law enforcement organization.

  • ATMYDOORSTEP.COM INC. is provided with a ruling or settlement agreement from a valid and certified dispute resolution service, or is provided with a court order finding that the feedback or information posted is slanderous, libelous, defamatory or otherwise illegal.

  • The User who posted the feedback or information provided ATMYDOORSTEP.COM INC. with false contact information during the transaction period (as verified by ATMYDOORSTEP.COM INC.) and cannot be contacted by ATMYDOORSTEP.COM INC..

  • The User who posted the feedback or information is participating in an ATMYDOORSTEP.COM INC. transaction with the intent of leaving feedback as part of a campaign to harass ATMYDOORSTEP.COM INC. member(s) (as verified by ATMYDOORSTEP.COM INC.).

  • The User who posted the feedback or information informs ATMYDOORSTEP.COM INC. that it was intended for another User and posts the feedback or information for the appropriate User. This does not apply to feedback that was mistakenly marked negative instead of positive or vice versa, in which case the User can contact Customer Support to file a feedback review request.

 
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