- Communications with Multitaskr Solutions Coordiantor. As the Providers on the Multitaskr Platform provide a full range of general contracting and residential contracting services, End Users are able to discuss potential home improvement projects with a Multitaskr Solutions Coordinator, who will use the related information provided by the End User to obtain prospective pricing and project details from various Providers, and then deliver those proposals to the End User. The End User can then contact the Providers who generated the prospective pricing and project details to formalize a contract for Services from the Provider of End User’s choosing. Any decision by End User to accept Services from a Provider through the Multitaskr Platform is a decision made in the End User’s sole discretion. Each Service provided by a Provider to an End User shall constitute a separate agreement between that Provider and End User, and Multitaskr is in no way a party to any such agreement for Services. Such agreements from a Provider will be sent to Multitaskr to deliver to End User for signatures, and End User will deliver signed Provider agreement to Multitaskr. Any proposals for Services from Multitaskr on behalf of Providers to the End User are for informational purposes only; terms for any such proposal will be set forth in a separate agreement between Provider and End User. Multitaskr makes no guarantee or warranties of any kind related to pricing for Services by Providers.
- No Agency, Endorsement, or Sponsorship. Multitaskr does not itself provide Services or any products related to Services. Multitaskr does not provide and is not responsible for any advice, information, products, or Services from any Provider. Providers are not employees, contractors, agents, or representatives of Multitaskr, nor is Multitaskr the employee, contractor, agent, or representative of any Provider. Multitaskr does not specifically sponsor, endorse, recommend, or approve any Provider who offers Services on the Multitaskr Platform. Any reference to any services, products, or other information by trademark, manufacturer, supplier, or otherwise, does not constitute or imply endorsement or sponsorship by Multitaskr. Multitaskr makes efforts to ensure that Providers meet certain requirements but does not represent or warrant that any Provider is qualified, licensed, certified, insured, bonded, or capable of performing any particular Service. The provisioning of all Services is governed by an agreement between the Provider(s) and End User receiving those Services.
- Financing Terms, Conditions, and Required Disclosures. Some of the Services available from Providers through the Multitaskr Platform are related to financing, mortgages, or other similar financing-related offerings. End Users who apply for access to financing-related information, estimates, or any other financing-related Services through the Multitaskr Platform and/or any Provider(s) will be subject to additional terms, conditions, and disclosures specifically related to those particular information, estimates, or any other financial-related Services, as set forth at www.multitaskr.com/financingterms.
- Third-Party Terms and Content. The Multitaskr Platform or Services obtained by End User through usage the Multitaskr Platform may contain third-party information, such as links to third-party websites, advertisements, services, offers, activities, or other content, which is not owned, controlled, or otherwise influenced by Multitaskr. Some information and Services available through the Multitaskr Platform will be subject to the applicable terms, conditions, and disclosures of third-parties. Any provided third-party materials containing information related to third-parties is provided for End User’s reference and convenience only, and does not imply any endorsement, sponsorship, or recommendation by Multitaskr.
- Background Checks and Licensing of Providers. Multitaskr checks the background of each Provider using a third-party background check service; Providers that are entities are limited to a background check on the owner/principal of the Provider’s entity. Multitaskr requires each Provider to submit a government-issued ID. Although Multitaskr performs background and identity checks on each Provider, Multitaskr cannot confirm that each Provider is who they claim to be, and therefore, Multitaskr cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. End User should exercise caution and common sense to protect its safety and property, just as when interacting with any unknown person. Multitaskr recommends that End User confirm all licensing requirements for any requested Services with the applicable state and local licensing authorities. Multitaskr performs screening solely at the time the Provider applies to register on the Multitaskr Platform. Multitaskr cannot and does not warrant or represent that a Provider’s background check screening information is up to date. Multitaskr is under no obligation to update a Provider’s background check or profile.
- End User is Responsible for All End User Account Activity on the Multitaskr Platform.
To access the Multitaskr Platform and the resources it offers, End User will be asked to provide certain registration details, including but not limited to: full name, email address, phone number, physical address, and proof of identity as Multitaskr may reasonably request from time to time.
End User, by registering for an account to access the Multitaskr Platform, acknowledge and agree that Multitaskr and/or Providers may collect text, photos, videos, measurements, comments, reviews, data, or other information before, during, and after the delivery of Services requested by End User through the Multitaskr Platform, or otherwise in connection with the Services relating to End User, End User’s household, End User’s business, End User’s real or personal property, or otherwise.
Security of End User Account
Consent to Communications to End User from Providers and Multitaskr
End User Communications and Submissions
Confidentiality of End User Communications and Submissions
Multitaskr will not display the address of projects relating to any Services, or precisely locate the address for Services on any map visible to all End Users, on the Multitaskr Platform. End User acknowledges and agrees that the description of the project for which End User requests Services and any photos uploaded by the End User may be viewed by the general public and will not be treated as proprietary or confidential.
- Intellectual Property Rights.
Multitaskr’s Intellectual Property
The Multitaskr Platform, including all material and information, and the selection, arrangement, and composition of such information, are proprietary property of Multitaskr and are protected by United States and international intellectual property laws, including but not limited to trademark and copyright laws. End User agrees not to remove, alter, or obscure any copyright, trademark, or proprietary rights notice incorporated in or accompanying the Multitaskr Platform. Except for the limited license explicitly granted to End User, as specified in Paragraph 4 (“Intended Use of Multitasker Platform and Grant of Limited License to End User.”), no other license is granted to any End User, whether by implication, estoppel, or otherwise, and all rights are explicitly reserved by Multitaskr.
License and Release of Liability by End User for any Photos, Videos, or Other Media
Third Party Intellectual Property
Any and all logos, brands, product names, and third-party trademarks appearing on the Multitaskr Platform are the intellectual property of the respective third-party owner(s).
Copyright and DMCA Notices
If End User believes the Multitaskr Platform or the content therein in any way infringes on your copyright(s), End User may notify Multitaskr at:
Modern Market Technologies, Inc.
Attn: Legal Dept.
2576 Catamaran Way
Chula Vista, CA 91914
- Prohibited Conduct on Multitaskr Platform. End User may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or architectural framework for the Services (except to the extent specifically permitted by applicable law). End User may not access, download, monitor, copy any information or content contained on or in the Multitaskr Platform through automated or artificial means (including but not limited to: screen and database scraping, spiders/bots/crawlers or other such similar processes, whether manual or automatic), or in any way obtain or attempt to obtain any content or information through any means that Multitaskr does not intentionally make available through the Multitaskr Platform. End User may not use or attempt to use the Multitaskr Platform through any means not explicitly and intentionally made available to End User, including, but not limited to, attempting to gain unauthorized access to any portion of the Multitaskr Platform or any other systems related to the Multitaskr Platform. End User may not use or access the Multitaskr Platform in any manner that could damage, disable, overburden, or impair the Multitaskr Platform, or that could interfere with the rights of or otherwise harm Multitaskr, its Providers, suppliers, other End Users, or any other individual.
End User may not post, submit, or link to any information or material submitted by End User that directly or indirectly refers persons to another online or offline location that provides similar services to those offered on the Multitaskr Platform, or information or material which involves unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. End User agrees not to post, submit, or link any information or material that infringes upon, misappropriates, or violates the intellectual property or other rights of any third party, or that is in violation of any federal, state, or local law, rule, or regulation, or any information or material that is deceptive, fraudulent, threatening, harassing, defamatory, obscene, or otherwise objectionable as determined in Multitaskr’s sole discretion.
The above list of prohibited conduct is by no means exhaustive or an exclusive list of the conduct that is prohibited on the Multitaskr Platform. Multitaskr reserves the right and has sole discretion to determine what usage(s) of the Multitaskr Platform is appropriate, and may take necessary actions to ensure that the Multitaskr Platform is not used in a manner expressly prohibited above or any other use determined by Multitaskr to be an inappropriate use of the Multitaskr Platform.
- No Agency/No Employment. End User is not an employee, contractor, agent, or representative of Multitaskr.
- Limitation/No Liability.
Multitaskr Platform Provided As-Is
THE MULTITASKR PLATFORM AND ANY SERVICES OBTAINED THEREFROM ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES FROM MULTITASKR OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, MULTITASKR DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, AND OTHERWISE, IN CONNECTION WITH THE MULTITASKR PLATFORM AND END USER’S USE OF THE MULTITASKR PLATFORM OR TRANSACTIONS WITH MULTITASKR, OTHER END USERS, PROVIDERS, OR OTHER THIRD-PARTIES, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, SECURITY, ACCURACY, AVAILABILITY, USE OF REASONABLE CARE AND SKILL, NON-INFRINGEMENT, ANY WARRANTIES ARISING BY USAGE OF TRADE, ANY WARRANTIES ARISING BY COURSE OF DEALING, AND ANY WARRANTIES ARISING BY COURSE OF PERFORMANCE.
Limitation of Liability Related to Multitaskr Platform Use
Except as otherwise set forth herein, Multitaskr is not affiliated with any Provider or third-party service. Any dispute End User, has with any Provider, other End User, or third-party service, or other third-party, is directly between End User and that third-party, and End User irrevocably releases Multitaskr and its employees, agents, affiliates, partners, successors, and assigns from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Disclaimer of Services Warranties/Quality of Workmanship is Responsibility of Provider
MULTITASKR, THROUGH THE MULTITASKR PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH SERVICES ITSELF OR ACT IN ANY WAY AS A PROVIDER OF SERVICES, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY SERVICES ANY PROVIDER(S) RENDERS TO END USER, INCLUDING, BUT NOT LIMITED TO: A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES,WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. MULTITASKR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND REGARDING ANY ADVICE OR INFORMATION GIVEN TO END USER BY PROVIDER OR SERVICES RENDERED BY PROVIDER ON END USER’S BEHALF. MULTITASKR IS NOT RESPONSIBLE FOR ANY ACTION OR INACTION OF ANY PROVIDER, AND FURTHER, MULTITASKR IS NOT RESPONSIBLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. MULTITASKR IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ON THE MULTITASKR PLATFORM OR OFFLINE, OF ANY PROVIDER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES.
End User acknowledges and agrees that this provision relating to indemnification includes indemnification by End User of Multitaskr for, but not limited to and directly or indirectly relating to any of the following: 1) Platform Misuse, 2) Service Misuse, 3) Violation of Law/Regulation, 4) Violation of Rights of Another (including Providers), and 5) End User Information Submitted to or Transmitted Through the Multitaskr Platform.
Reservation of Rights of Multitaskr to control any litigation subject to End User indemnification; No Settlement by End User
Multitaskr reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter subject to indemnification by End User, in which event End User will full cooperate with Multitaskr in asserting any available defenses.
Waiver of Right to be Plaintiff or Class Member in Class Action
Any dispute will be conducted only on an individual basis and not in a class, consolidated or representative action or arbitration or as named or unnamed member in a class, consolidated, representative, or private attorney general legal action. End User’s access and continued use of the Multitaskr Platform and/or Services signifies End User’s explicit consent to this waiver. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim shall be brought only in courts of competent jurisdiction located in San Diego County, California. End User submits to the personal jurisdiction and venue of such courts and waives any objections on the grounds of venue, forum non-conveniens, or any similar grounds with respect to any such proceeding. Notwithstanding anything to the contrary, End User and Multitaskr may seek injunctive relief and any other equitable remedies from any court meeting the venue requirements of Paragraph 21 (“Governing Law, Jurisdiction, and Venue.”) to protect intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the procedures for resolution of such disputes as provided in Paragraph 23 (“Dispute Resolution – BINDING ARBITRATION.”)
If End User does not agree with any of the limitations of liability set forth in this Paragraph 20 (“Limitation/No Liability.”), End User must not use the Multitaskr Platform.
Modern Market Technologies, Inc.
Attn: Legal Dept.
2576 Catamaran Way
Chula Vista, CA 91914