Multitaskr

Multitaskr End User Terms of Use

Revision 8-19-2019

  1. Please be advised: these End User Terms of Use contain provisions that govern how claims arising from or related to these End User Terms of Use may be brought by either party. The provisions contained in Paragraph 23 (“Dispute Resolution – BINDING ARBITRATION.”) requires you, the End User, to submit to binding arbitration, limit the End User’s ability to be a plaintiff or class member in any class, group, or representative action or proceed, require the End User to release from certain liabilities and indemnify Modern Market Technologies, Inc. dba Multitaskr (hereinafter, “Multitaskr”), and contain disclaimers of warranties and disclaimers of liability by Multitaskr. Please read these End User Terms of Use carefully before using the Multitaskr Platform, as defined herein.


  1. Scope. These End User Terms of Use governs you, the End User’s, usage of the Multitaskr Platform, whether as a visitor or registered user. The Multitaskr Platform is intended to facilitate communications between End Users and Providers (as defined herein) through the website located at www.multitaskr.com, as it may be modified, relocated and/or redirected from time to time (hereinafter, "Website"), including any content, functionality, and services offered on or through the Website, and the mobile applications offered by Multitaskr, if any (the "Apps"). The Website and any Apps are collectively referred to as the "Multitaskr Platform." These End User Terms of Use constitute a legally binding contract between Multitaskr and End User, with respect to use of the Multitaskr Platform.


  1. Consent to Terms. By accessing and using the Multitaskr Platform, or clicking to accept and agree to these terms on any “pop up” or “click-thru” which contains and presents these End User Terms of Use, End User acknowledges having read, understood, and agreeing to be bound by these End User Terms of Use, the Privacy Policy (located at: www.multitaskr.com/PrivacyPolicy), any applicable additional terms as defined herein, and any updates to these End User Terms of Use posted at www.multitaskr.com/EndUserTerms or otherwise communicated to End User. Use of the Multitaskr Platform constitutes of acceptance and agreement to all terms and conditions and Privacy Policy. The Multitaskr Platform is licensed to the End User, and End User’s usage of the Multitaskr Platform is subject to compliance with these End User Terms of Use, as set forth herein; Multitasker reserves the right to refuse service to any End User, as provided in Paragraph 14 (“Term and Termination”).


  1. Intended Use of the Multitaskr Platform and Grant of Limited License to End User. The Multitaskr Platform is a communications platform for enabling individuals seeking to obtain services ("End Users") to connect with individuals and entities seeking to provide services ("Providers"). Specifically, End Users are individuals and/or business entities that have registered for an End User account for the Multitaskr Platform (fulfilling all of the requirements set forth in Paragraph 15 (“End User is Responsible for All End User Account Activity on Multitaskr Platform.”), or that have otherwise used the Multitaskr Platform to obtain Services (as defined herein) from Providers in violation of the provisions of Paragraph 7 (“Non-Circumvent.”) of these End User Terms of Use. Those certain services requested by End Users, which are to be completed by the Providers, are hereinafter referred to as "Services". Subject to End User’s, compliance with these End User Terms of Use, Multitaskr hereby grants End User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the Multitaskr Platform for personal, non-commercial and informational use only. 


  1. 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.


  1. Payment for Services. All Services are governed by a separate agreement between Provider and End User, as described in Paragraph 5 (“Communications with a Multitaskr Solutions Coordinator.”) herein; Multitaskr is not a party to any contracts for Services by any Provider to any End User. Payments for such Services will be made by End User to Provider directly as provided in the agreement for Services by Provider. Multitaskr has no duty, obligation, or any other responsibility to render any payment to Providers on behalf of End User or collect any payment from End User on behalf of Provider. Multitaskr’s purpose and scope is limited to facilitating communications between End Users and Providers as described in Paragraphs 4 and 5 herein. The Multitaskr Platform facilitates these contracts for Services by providing a means of communication through which End Users can connect with Providers, schedule Services, and make direct payments to the Provider for those Services. Notwithstanding these provisions, End Users may not attempt to circumvent the Multitaskr Platform, as described in Paragraph 7 (“Non-Circumvent.”) of these End User Terms of Use.


  1. Non-Circumvent. Notwithstanding any other provisions of these End User Terms of Use, End User hereby agrees to not circumvent or otherwise misappropriate the Multitaskr Platform by, outside the scope and means of the Multitaskr Platform, scheduling and/or contracting for Services or additional Services from any Provider which End User contacted on the Multitaskr Platform, whether directly or indirectly. 


  1. 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. 


  1. Privacy Policy. The Privacy Policy describes how Multitaskr collects and uses information from End Users and is available at www.multitaskr.com/PrivacyPolicy, as well as through the various links titled “Privacy Policy” on the Multitaskr Platform. The Multitaskr Privacy Policy applies to the End User information referenced in these End User Terms of Use and any other applicable terms and conditions referenced herein.


  1. 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. 


  1. 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.


  1. End User Registration Required. In order to utilize the full functionality of the Multitaskr Platform and engage Providers regarding Services, it is necessary for all End Users to register an End User account on the Multitaskr Platform. The specific information required to register and other terms relating to the information provided by End User are set forth in Paragraph 15 (“End User Responsible for All End User Account Activity on the Multitaskr Platform.”) of these End User Terms of Use.


  1. 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. 


  1. Termination. Multitaskr reserves the right to refuse service to anyone. Multitaskr reserves the right, with or without notice, and in its sole discretion, to terminate any license to the Multitaskr Platform or any Services obtained by End User through the Multitaskr Platform, in whole or in part, and to block or prevent any End User’s access to and use of the Multitaskr Platform, for any time and for any reason, including, but not limited to, any breach of these End User Terms of Use. If an End User account to use the Multitaskr Platform remains inactive for a period of one (1) year or more, Multitaskr reserves the right to terminate that account.


  1. End User is Responsible for All End User Account Activity on the Multitaskr Platform.


Registration


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.


 It is a condition of use of the Multitaskr Platform that all the information provided by the End User in order to register with the Multitaskr Platform is accurate, current, and complete. End User agrees that all information provided to register with the Multitaskr Platform or otherwise, including but limited to any information provided by the End User through the use of any interactive features of the Multitaskr Platform (such as web-based chat with a Multitaskr Solutions Coordinator on the Multitaskr Platform), is governed by the Privacy Policy, and End User, consents to all actions Multitaskr takes with respect to the End User information provided to Multitaskr through registration or any other means, consistent with the Privacy Policy.


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


End User agrees not to disclose the password to End User’s Multitaskr account to anyone, and to immediate notify Multitaskr of any unauthorized usage of End User’s Multitaskr account. End User is responsible for ensuring that all persons who access the Multitaskr Platform through End User’s account are aware of these End User Terms of Use and comply with them. End User is responsible for all activities that occur in End User’s Multitaskr account, whether or not End User is aware of the activities. Multitaskr has the right to disable any End User account at any time in its sole discretion for any reason, including if, in Multitaskr’s opinion, End User has violated any provision of these End User Terms of Use.


Consent to Communications to End User from Providers and Multitaskr


By accepting these End User Terms of Use, accessing and using the Multitaskr Platform, and/or providing the End User’s, contact information in using the Multitaskr Platform, End User agrees and expressly consents to be contacted by Multitaskr, its Providers, or any other companies that receive a service request from End User through the Multitaskr Platform. End User consents to be contacted by telephone, e-mail, mail, text messaging, facsimile, or any other reasonable means of communication utilizing the contact information provided by the End User, even if the contact information is registered or listed on a national “do not call” or “do not contact”, or any other similar such list. End User agrees that these communications may include prerecorded, artificially voiced, or auto-dialed telemarketing messages, and that any such communications may be monitored and recorded for quality assurance and other reasons. End User agrees that the parties referenced herein may contact End User for the purposes of providing the Services requested by End User, marketing, servicing End User’s Multitaskr account, addressing any complaints, billing or other account-related matters, or any other purpose reasonably related to the Multitaskr Platform or any Services obtained through End User’s usage of the Multitaskr Platform. End User’s consent to receive marketing communications is not required as a condition of purchasing any goods or services. For complete details on Multitaskr’s use of End User information and how to opt out of receiving Multitaskr marketing communications, please see the Multitaskr Privacy Policy located at: www.multitaskr.com/PrivacyPolicy.

 

End User Communications and Submissions


End User is responsible for any information submitted by End User to any Provider or to Multitaskr. The End User submitting any information is solely responsible for the information therein and the consequences of submitting it. End User acknowledges and agrees that Multitaskr has no obligation to screen or otherwise evaluate any information submitted by any End User through the Multitaskr Platform, whether the information is submitted to Multitaskr, any Provider(s), or both. Multitaskr may, without further notice or warning and in its sole discretion, monitor or record telephone conversations that it has with End User, or anyone acting on End User’s behalf, for the business purposes of quality control, training, and to otherwise protect its rights. Multitaskr may, without further notice or warning and in its sole discretion, access, store, use, and disclose the messages, call transcripts, and any other data related to calls, messages, or other similar such communications by the End User which occur through the Multitaskr Platform, for the business purposes including, but not limited to: providing and improving customer service and the Multitaskr Platform, fraud prevention, and to identify violations of these End User Terms of Use.


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. 

  1. 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


By using the Multitaskr Platform or otherwise accepting these End User Terms of Use, End User understands and agrees to release, indemnify, defend, and hold harmless Multitaskr and its employees, agents, affiliates, partners, successors, and assigns from and against any and all losses, liabilities, damages, claims, fines, causes-of-action deficiencies, costs and expenses (including reasonable attorneys’ fees and other litigation expenses), any personal or proprietary right End User may have, uses or potential uses thereof based upon, arising out of, including but not limited to, claims based on negligence, gross negligence, violation of any code, and/or violation of any statute, relating to Multitaskr’s use of End User’s name, photograph, audio or video recordings, or any other images, writings, or recordings in any other medium derived from End User’s usage of the Multitaskr Platform, any Services requested or obtained through the Multitaskr Platform, or any documentation of completed and delivered Services rendered upon End User’s property. End User authorizes Multitaskr and its employees, agents, affiliates, partners, successors, and assigns, to: 1) record End User’s image, likeness, biographical information, and/or voice on any photographic, video, audio, digital, electronic, or any other medium; 2) use, reproduce, modify, exhibit, and/or distribute any such recording for any purpose that Multitaskr may deem appropriate, including promotional or advertising efforts; and 3) use End User’s name in connection with such recordings or uses. End User understands that End User has no right to inspect or approve any such recordings and uses and that they shall remain the property of Multitaskr. End User may revoke the consents granted by End User in this Paragraph, by sending in writing such revocation of consent of the releases granted by End User in Paragraph 16 (“Intellectual Property.) of these End User Terms of Use, delivered to Multitaskr pursuant to the provisions of Paragraph 22 (“Notice.”). Any such revocation will apply only to materials to be distributed after the date Multitaskr receives notice of revocation and not to any materials already printed or otherwise created at the time of End User’s revocation.


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


  1. Confidential Information. If you receive confidential information from Multitaskr, until such information is no longer confidential, End User agrees not to use or disclose it to any third-party except as necessary to perform any obligations under these End User Terms of Use or relating to any Services obtain through End User’s usage of the Multitaskr Platform. “Confidential Information,” as used herein, includes, but is not limited to: information concerning Multitaskr’s fees, marketing plans, financial information, pricing schedules, product lines or product development plans, proprietary technology, research information, trade secrets, and any and all other information that is generally not known to the public. End User will use reasonable, technical, physical, and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification, or use. End User shall return all originals and any copies of any and all materials containing Confidential Information to Multitaskr upon termination of these End User Terms of Use for any reason.


  1. 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.


  1. No Agency/No Employment. End User is not an employee, contractor, agent, or representative of Multitaskr.


  1. 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


THE ESSENTIAL PURPOSE OF THIS PROVISION IS TO LIMIT THE POTENTIAL LIABILITY OF THE PARTIES ARISING FROM THIS AGREEMENT. In no event will Multitaskr be liable to End User for any indirect, incidental, consequential, special, exemplary, or punitive damages (including, without limitation, damages for loss of business profits, loss of business opportunity, business interruption, loss of good will, damage to business reputation, loss of business information, or other such pecuniary loss), whether under a theory of contract, warranty, tort, or otherwise, even if the other party has been advised of the possibility of such damages. In no event will Multitaskr’s liability for any and all claims of any kind arising as a result of or related to these End User Terms of Use and/or End User’s usage of the Multitaskr Platform and/or any Services obtained by End User through the Multitaskr Platform, and/or any obligations herein or to any act or omission related to the End User Terms of Use, exceed the value of the greater of 1) the amount End User has paid to Multitaskr for use of the Multitaskr Platform in the six (6) months prior to the date of the events or occurrences giving rise to End User’s claim, or 2) ten dollars ($10).


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.


Indemnification


End User agrees to indemnify, defend, and hold harmless Multitaskr from and against any claims, disputes, demands, losses, obligations, liabilities, expenses, damages and costs (including but not limited to attorney’s fees) due to our arising out of End User’s use of the Multitaskr Platform or any Services obtained through the Multitaskr Platform, or any other violation by End User of these End User Terms of Use. 


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.


  1. Governing Law, Jurisdiction, and Venue. These End User Terms of Use shall be construed under the laws of the State of California, regardless of conflict of law provisions. To the extent that those laws conflict with the terms of these End User Terms of Use, the End User Terms of Use shall govern. The Parties irrevocably consent to exclusive jurisdiction and venue of the state or federal courts in San Diego County, California, for all disputes arising out of or relating to this Agreement.


  1. Notice. All notices to End User under these End User Terms of Use will be deemed given when delivered via e-mail to the address associated with End User’s Multitaskr Platform user account, as provided by End User during the account registration process. All notices to Multitaskr under these End User Terms of Use will be deemed given when delivered via certified mail to:


Modern Market Technologies, Inc.

Attn: Legal Dept.

2576 Catamaran Way

Chula Vista, CA 91914


  1. Dispute Resolution – BINDING ARBITRATION. End User agrees that any dispute or claim arising out of or relating in any way to these End User Terms of Use, End User’s access to the Multitaskr Platform or any Services obtained through the Multitaskr Platform, or any relationship between End User and Multitaskr, including but not limited to the validity, applicability, or interpretation of these End User Terms of Use, will be resolved by binding arbitration rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. For any hearing conducted in person as part of the arbitration, End User agrees that the hearing will be conducted in San Diego County, California. The decision of the arbitrator shall be final and binding.


  1. Assignment. These End User Terms of Use, and any rights and licenses granted hereunder, may be assigned by Multitaskr without restriction and without notice to End User; End User may not make any similar such assignment without first obtaining Multitaskr’s prior written consent by submitting a request for Multitaskr’s written consent of any such assignment in the manner specified in Paragraph 22 (“Notice”) of these End User Terms of Use.


  1. Integration, Severability, and Waiver. These End User Terms of Use set forth the entire agreement relating to the subject matter hereof and supersede all prior agreements, discussions, and understandings between them, whether oral or written, relating to the subject matter hereof. If any provision of these End User Terms of Use is held to be invalid or unenforceable under the circumstances, such provision’s application in any other circumstances, and the remaining provisions of these End User Terms of Use, shall not be affected thereby. The waiver of a breach or default in any of the provisions or any delay or omission to exercise any right under these End User Terms of Use shall not be construed as a waiver of any succeeding breach of the same or other provisions.


  1. Modification of Website, Services, Multitaskr Platform, and End User Terms of Use. Multitaskr has no obligation, duty, or any other similar such requirement to support or to continue to offer any of the functionality or content of, or Services related to, the Multitaskr Platform. Multitaskr may revise and update these End User Terms of Use from time to time in its sole discretion. Please periodically check these End User Terms of Use for changes at www.multitaskr.com/EndUserTerms. If a change to these End User Terms of Use materially modifies End User rights or obligations, End User, will be required to accept the modified End User Terms of Use in order to continue to use the Multitaskr Platform. Such modifications are effective upon End User’s affirmative acceptance of the modified End User Terms of Use or continued use of the Multitaskr Platform after receipt of the End User Terms of Use containing any such modification, pursuant to the provisions of Paragraph 22 (“Notice.”).


  1. No Third-Party Beneficiaries. These End User Terms of Use do not create any right of action on the part of any third-party, except for Multitaskr and its suppliers or others who are party to written agreements with Multitaskr explicitly giving them third-party beneficiary rights.


  1. Attorneys’ Fees. If Multitaskr takes legal action against End User as a result of any result of a violation or breach of these End User Terms of Use, Multitaskr will be entitled to recover from End User, and End User agrees to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Multitaskr. 


  1. End User Acknowledgement. You, the End User, affirm that you are eighteen (18) years old or older, and fully able and competent to enter into and comply with these End User Terms of Use. If End User is accessing and using the Multitaskr Platform on behalf of a business entity, End User represents that he or she has the authority to bind that business entity to these End User Terms of Use. In such circumstances, “End User” will refer to both the individual making such representation and the represented business entity. End User expressly acknowledges that End User has read and understands these End User Terms of Use and associated Privacy Policy, and End User agrees that End User’s use of the Multitaskr Platform is an acknowledgment of End User’s agreement to be bound by all applicable terms and conditions of this Agreement, including any applicable Additional Terms as defined herein