Updated March 7, 2019
"You" and "your" refer to you, as a user of the Service or a registered member of the Service. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. "We", "us", and "our" refer to HireMyNeighbor.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Profile Content" means Content that you submit or transmit to, through, or in connection with the Service, such as information that you display in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service, including text, images, photos, audio, video, documents, location data and other forms of data submitted by you. "HireMyNeighbor Content" means Content that we create and make available in connection with the Service. "Third Party Content" means Content that originates from parties other than HireMyNeighbor or its users, which is made available in connection with the Service. "Site Content" means all of the Content that is made available in connection with the Service, including Your Profile Content, User Content, Third Party Content, and HireMyNeighbor Content.
3. Using the Service
To register or use the Service as a HireMyNeighbor Worker or HireMyNeighbor Employer, you must meet the following criteria.
- b) You have never been the subject of a complaint, restraining order or any other legal action involving criminal activity or alleged criminal activity, and you have not been arrested for, charged with, or convicted of any felony, or any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, and
- c) You have not been and are not currently required to register as a sex offender with any government entity.
- In addition, if you are registering as a HireMyNeighbor Employer all members of your household must meet criteria b) and c) above.
- If You -- Or members of your household if you are registering as a HireMyNeighbor Employer-- do not meet the above Eligibility Requirements, You may not register to use the Site or Services. If at any time you no longer meet the Eligibility Requirements as described above, you must terminate your Membership and no longer use the Site or Services.
B. Permission to Use the Service
C. Personal Safety
The overwhelming majority of HireMyNeighbor users are trustworthy and well-meaning. Nevertheless, please take common-sense precautions. When meeting someone for the first time, please remember to:
- Tell a friend or family member where you are going.
- Take your cell phone with you.
- Consider having a friend accompany you.
- If inviting a worker into your home, consider having a friend or family member present.
- Trust your instincts.
For more information about personal safety online, please refer to these resources:
D. Recognizing scams
The overwhelming majority of HireMyNeighbor users are trustworthy and well-meaning. Nevertheless, be aware of the risk of fraudulent behavior. You agree to use the Service at your own risk.
Scam attempts may involve one or more of the following:
- A request for services or an offer to work from someone that is not local to your area.
- A vague initial inquiry or communication. Poor grammar or spelling.
- Offer of payment by Western Union, MoneyGram, cashier’s check, money order or a "guarantee."
- Inability or refusal to meet face to face.
- A claim that a third party of any kind will handle or provide protection for a payment.
- Distant person offering a genuine-looking (but fake) cashier's check.
- An offer to pay for your services in advance.
- Offer of payment with a cashier's check which far exceeds your agreed upon payment amount —The scammer offers to "trust" you, and asks you to wire the balance via a money transfer service. Be aware that banks will cash fake checks and then hold you responsible when the check fails to clear.
- An offer that involves a 3rd party as a guarantor. (Business associate, etc.)
- A deal that seems too good to be true. Employer offers an unusually high amount or Worker offers to work for an unreasonably low amount.
- Local work offered but owner is "traveling" or "relocating" and needs you to wire money abroad.
- Scammer may pretend to be unable to speak by phone. Scammers prefer to operate by text or email.
- Distant worker asking for a partial payment upfront, after which they will come to town to perform the work.
E. Site Availability
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
F. User Accounts
You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Types of accounts:
G. Communications from HireMyNeighbor and other Users
By creating an account, you agree to receive certain communications in connection with the Service. For example, HireMyNeighbor may contact you regarding jobs that you might be interested in. You may also periodically receive emails about HireMyNeighbor services. You can opt-out of non-essential communications at any time.
H. Limitations of our Service
HireMyNeighbor provides the Service to assist our Members in locating and arranging employment opportunities. However, HireMyNeighbor does not employ any Members. HireMyNeighbor Employers are the potential employers of HireMyNeighbor Workers and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment, social security or payroll tax, minimum wage and minimum age laws).
Further, HireMyNeighbor does not have control over or responsibility for the performance of Members, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Members, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Members. HireMyNeighbor makes no representations about the suitability, reliability, timeliness, or accuracy of the jobs posted and provided by Members identified through the Service whether in public, private, or offline interactions.
A. Responsibility for Your Profile Content
You alone are responsible for Your Profile Content, and once published, it cannot always be withdrawn. You assume all risks associated with Your Profile Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Profile Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Profile Content as described herein. You may not imply that Your Profile Content is in any way sponsored or endorsed by HireMyNeighbor.
You may expose yourself to liability if, for example, Your Profile Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We are not liable for Your Profile Content in any way.
B. Our Right to Use Your Profile Content
Finally, you irrevocably waive, and cause to be waived, against HireMyNeighbor and its users any claims and assertions of moral rights or attribution with respect to Your Profile Content. By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of Your Profile Content.
C. Responsibility for User Content
You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your User Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by HireMyNeighbor.
You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. We are not liable for your User Content in any way.
HireMyNeighbor cannot and does not guarantee the accuracy, completeness, quality or appropriateness of any User Content transmitted to or through the Service. Specifically, HireMyNeighbor hosts User Content relating to reviews and ratings of HireMyNeighbor Workers, among other content. Such reviews and ratings are opinions of Users, and HireMyNeighbor does not adopt, endorse or accept responsibility for the accuracy or reliability of any User Content, including reviews or ratings made by any User, that appears on its website or through the Service. By using the Service, you agree that under no circumstances will HireMyNeighbor be responsible for any loss or damage resulting from User Content, or your reliance on User Content, or information or other content posted on the site, or content transmitted to or by any User of the Service.
D. Our Right to Use User Content
You agree to grant HireMyNeighbor a limited license to use your User Content solely for providing or improving the Service (e.g., customer support and technical support). By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works. You may choose to share your User Content with others. If you choose to share User Content with others then you waive any claims and assertions against HireMyNeighbor as a result of the shared User Content. We will never sell your User Content to others without your permission.
As between you and HireMyNeighbor, you own Your Profile Content and your User Content. We own HireMyNeighbor Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software and all other elements and components of the Service excluding Your Profile Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights (the "IP Rights") associated with HireMyNeighbor Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of HireMyNeighbor Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and HireMyNeighbor Content are retained by us.
HireMyNeighbor and its licensees may publicly display advertisements and other promotional information on the Service. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you, that in the sole judgment of HireMyNeighbor violates these Terms or which HireMyNeighbor determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others. We have no obligation to retain or provide you with copies of User Content, nor do we guarantee any confidentiality with respect to User Content.
A. You agree not to, and will not assist or enable others to use the Service to:
- i. Violate our Content Guidelines, for example, by posting obscene or pornographic images, photos, audio, video, text or other similar content;
- ii. Violate any third-party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- iv. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except and unless explicitly authorized by HireMyNeighbor;
- v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not, or otherwise attempt to manipulate the Service's search results, response results, or any third-party website;
- vi. Solicit personal information from minors, or submit or transmit pornography; or
- vii. Violate any applicable law.
B. You also agree not to, and will not assist or enable others to:
- ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Profile Content), except as expressly authorized by HireMyNeighbor;
- iii. Use any bot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
- iv. Reverse engineer any portion of the Service;
- v. Remove or modify any copyright, trademark, or other proprietary rights once that appears on any portion of the Service or on any materials printed or copied from the Service;
- vi. Record, process, or mine information about other users;
- vii. Access, retrieve or index any portion of the Service for purposes of constructing or populating a searchable database of Content;
- viii. Reformat or frame any portion of the Service;
- ix. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on HireMyNeighbor's technology infrastructure or otherwise make excessive traffic demands of the Service;
- x. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
- xi. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses");
- xii. Use any device, software, or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
- xiii. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site content; or
- xiv. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days' prior written notice to us here, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
HireMyNeighbor may store your information, in whole or in part, on equipment or in facilities leased or licensed from other vendors or entities. We rely on the safety and security statements of such vendors with regard to their storage equipment and services. By using the Service, you agree that HireMyNeighbor is not responsible for any issues related to the storage equipment and services of other vendors or entities, including, but not limited to, the release, loss or corruption of your data. You also agree that you will seek remedy from the vendors or entities for any such issue and not HireMyNeighbor.
You agree that HireMyNeighbor may charge you via credit card for optional upgrades and services. You agree to pay HireMyNeighbor all subscription charges associated with the services you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize HireMyNeighbor to charge your chosen payment provider according to the terms of the plan to which you subscribe.
Except as set forth below, all payments for the Service are non-refundable and there are no refunds or credits for nonuse or partial use of the Service. HireMyNeighbor does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances.
8. Suggestions and Improvements
By sending us any ideas, suggestions, documents, or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback, without compensation to you.
9. Third Parties
The Service may include links to other websites or applications (each, a "Third Party Sites"). We do not control or endorse any Third Party Sites. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
10. Report a Problem
12. Disclaimer and Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF HIREMYNEIGHBOR AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE "HIREMYNEIGHBOR ENTITIES"). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
B. HIREMYNEIGHBOR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES, WHETHER ONLINE OR OFFLINE. ACCORDINGLY, HIREMYNEIGHBOR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER MISUSES YOUR CONTENT OR IDENTITY, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE HIREMYNEIGHBOR WORKERS OR EMPLOYERS LISTED ON THE SERVICE. YOU HEREBY RELEASE HIREMYNEIGHBOR ENTITIES FROM ANY LIABILITY RELATED THERETO.
C. HIREMYNEIGHBOR ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICE. ACCORDINGLY, HIREMYNEIGHBOR ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE CONTENT, OR THE SAFETY OR SECURITY OF THE SERVICE. HIREMYNEIGHBOR CANNOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE AND THEREFORE, HIREMYNEIGHBOR ENTITIES CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY USER’S IDENTITY OR INFORMATION PROVIDED THROUGH THE SERVICE.
D. HIREMYNEIGHBOR ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
E. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
G. HIREMYNEIGHBOR ENTITIES DISCLAIM ALL LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF OR DAMAGE TO REPUTATION OF HIREMYNEIGHBOR OR ANY THIRD-PARTY, OR (V) LOSS OF INFORMATION OR DATA.
13. Choice of Law and Venue
C. We may close your account, suspend your ability to use certain portions of the Service, and/or ban you altogether from the Service for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Profile Content, Site Content, or any other related information.
15. General Terms
A. We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
16. Contact Information
If you have any questions or need further information as to the Site Content or Service provided by HireMyNeighbor, or need to notify HireMyNeighbor as to any matters relating to the Site Content or Service please contact HireMyNeighbor at firstname.lastname@example.org or via mail at:
- Hire My Neighbor, LLC
- PO Box 780
- Millville, UT 84326