Terms of Use Agreement

By using the Laborfair.com and/or Laborfair.net (as defined below) which are owned and operated by Laborfair, Inc. ("Laborfair") and by accessing the Laborfair Site located at http://www.Laborfair.com, and all linked pages owned and operated by Laborfair (the "Laborfair Site"), you agree to be bound by these Terms of Use, as well as any other guidelines, rules and additional terms referenced herein, and all such guidelines, terms and rules are hereby incorporated herein by this reference (collectively, "Terms of Use").

Laborfair's on-line services which are available at the Laborfair Site will, among other things, help connect work with service providers and vice versa. Laborfair will also assist users by allowing them to access reviews from other Laborfair users, post and share these reviews with Laborfair users, and view third party postings/reviews regarding similar work or providers. These Terms of Use set out the legally binding terms with respect to your use of and our provision of the Laborfair Site and services. Please read these Terms of Use carefully. Your access to or use of the Laborfair constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, do not access or use Laborfair.

Your Use of this Site is Your Responsibility

You are solely responsible for your interactions with other users of the Laborfair sites including Laborfair.com and Laborfair.net. You understand that Laborfair, Inc. does not in any way screen users of its sites, nor does Laborfair, Inc. inquire into the backgrounds of the sites' Members or attempt to verify the statements of these Members. Laborfair, Inc. makes no representations or warranties as to the conduct of its sites' users. In no event shall Laborfair Inc. be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Laborfair sites, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications, meetings, or financial transactions with other users of the Laborfair sites, persons you meet through the Laborfair sites, or people who identify you through Laborfair sites. You agree to take reasonable precautions in all interactions with other users of Laborfair sites, particularly if you decide to meet or transact business with any person.

Changes to the Terms of Use or the Laborfair Services.

You agree and understand that these Terms of Use, the Laborfair Site and the Laborfair services may be modified by Laborfair at any time without prior notice, and such modifications will be effective upon Laborfair's posting of the new terms and/or upon implementation of the new changes on the Laborfair Site. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Laborfair service after any modifications indicates your acceptance of the modified Terms of Use. Unless expressly stated otherwise by Laborfair, any new features, new services, enhancements or modifications to the Laborfair service implemented after your initial access to the Serviceshall be subject to these Terms of Use.

Registration and Security.

In order to use or access some of the Laborfair services, you may be required to register with Laborfair and to select a password and user name, which may consist of an email address of your own and a combination of letters and numbers (“FairID”). If you register, you agree to provide Laborfair with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or, (ii) use as a FairID a name subject to any rights of a person other than yourself without appropriate authorization. Laborfair reserves the right to refuse registration of, or cancel a FairID at its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your FairID and password. Any FairID and password provided to you for your access to the Laborfair service shall be for your personal use only. You agree to (a) immediately notify Laborfair of any unauthorized use of your FairID or password, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services by Members.

Subject to the restrictions on use and on posting set forth in these Terms of Use, you may: use the Laborfair Site to solicit reviews from, and share reviews with other Laborfair users; search the Laborfair database for reviews and business contact information; forward reviews to people you know, whether or not they are existing Laborfair users; invite people you know to join Laborfair; and download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via Laborfair services ("Content"), and other items displayed on the Laborfair Site, for your own use. You may not copy or distribute any portion of the Laborfair Site and/or Laborfair service for any purpose not authorized above without the express written permission of Laborfair. Laborfair does not control the Content posted by third parties via Laborfair services , including the content of any messages or reviews, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Laborfair service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Laborfair be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Laborfair service. You agree to evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity, and accuracy of such Content.

Content Posted By You on Laborfair Sites.

You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Laborfair sites, or transmit to other users by telephone, mail, electronic means or otherwise. You will not post on Laborfair sites, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to Laborfair, Inc. or to any other user. If information provided to Laborfair sites, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify Laborfair sites of such change.

You understand and agree that Laborfair, Inc. may review and delete any content, messages, photos or Portraits (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Laborfair, Inc. violate these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of site users and members.

By posting Content to any public area of the Laborfair sites, you automatically grant, and you represent and warrant that you have the right to grant, to Laborfair, Inc., its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You understand that you are prohibited from posting, distributing, or reproducing in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, and further represent that you will not do so. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party, and warrant that public posting and use of your content by Laborfair sites will not infringe or violate the rights of any third party.

Laborfair, Inc. reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. You understand and agree that Laborfair may review and delete any business listings (including business name, business website, address, phone, fax, distance, reviews, rating, reviews) or other Posted Content that in the sole judgment of Laborfair violates these Terms of Use or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Laborfair Site and/or other website users. You are solely responsible for your ratings and reviews of businesses listed on Laborfair. Laborfair reserves the right, but has no obligation, to monitor disputes between you and any entity which you have reviewed.

You understand and agree that Laborfair has the right to transfer, assign, distribute, exploit or sell any and all information transmitted by you or posted by you to any Laborfair site, at its sole discretion and without limitation. This right extends, but is not limited to, Laborfair’s right to revoke job leads or postings that have been directed to particular users and to reassign, sell, or otherwise exploit, those job leads or postings to other users or to public portions of the site, as Laborfair deems appropriate.

The following is a partial list of the kind of Content that is illegal or prohibited on the Laborfair sites. It includes, but is not limited to, Content that:

• is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• falsely expressly or impliedly states that such Content or material is sponsored or endorsed by Laborfair;
• is unlawful or that promotes or encourages illegal activity;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your use of the Laborfair sites, including but not limited to the Content you post on the service, must be in accordance with any and all applicable laws and regulations.

You may not include in your Laborfair profile any telephone numbers, street addresses, last names, URLs or email addresses. All information you include in your Laborfair profile must be accurate, current and complete.

Prohibited Activities.

Laborfair, Inc. reserves the right to investigate and terminate your membership if you have misused Laborfair sites, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

• impersonate any person or entity.
• "stalk" or otherwise harass any person.
• express or imply that any statements you make are endorsed by Laborfair, Inc. without our specific prior written consent.
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of Laborfair sites or its contents.
• post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• remove any copyright, trademark or other proprietary rights notices contained on Laborfair sites.
• interfere with or disrupt the Services or the site or the servers or networks connected to Laborfair, Inc or its sitesaccess, retrieve or index any portion of the Laborfair Site and/or Laborfair service for purposes of constructing or populating a searchable database of members, consumers or other users of the Site;
• collect any information about other users or members (including usernames and/or email addresses) for any purpose inconsistent with these Terms of Use or any other Laborfair guidelines applicable to users or members;
• create user accounts by automated means or under false or fraudulent pretenses;
• create or transmit unwanted electronic communications such as "spam" to other users or members of the Laborfair Site and/or Laborfair service or otherwise interfere with other user's or member's enjoyment of the Laborfair Site and/or Laborfair service ;
• use of the Laborfair Site or Laborfair services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
• copy or store any Content offered on the Laborfair Site for other than your own use;
• take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
• use the Laborfair Site and/ or Laborfair service , intentionally or unintentionally, to violate any applicable local, state, national or international law; or
• collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
• post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Laborfair sites.
• "frame" or "mirror" any part of Laborfair sites without Laborfair Inc.'s prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Laborfair, Inc. or the Service or the sites in order to direct any person to any other web site for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Laborfair service or sites or any software used on or for the Service or cause others to do so.

Links.

Laborfair may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Laborfair has no control over such sites and resources, you acknowledge and agree that Laborfair is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Laborfair Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.

Ownership.

The Laborfair Site and Laborfair service (including, but not limited to, text, photographs, graphics, video and audio Content) are protected by copyright as collective works or compilations under the copyright laws of the United States and other countries. All individual articles, Content and other elements comprising the Laborfair Site and Laborfair service are also copyrighted works. Except for the Content submitted by members or users, the Laborfair service and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by Laborfair or its licensors. You acknowledge that the Laborfair service and any underlying technology or software used in connection with the Laborfair service contain Laborfair's proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Laborfair Site, or Laborfair services in whole or in part except as expressly provided in Laborfair's policies and procedures made available via the Laborfair service . Except as expressly and unambiguously provided herein, Laborfair and its suppliers do not grant you any express or implied rights, and all rights in the Laborfair service not expressly granted by Laborfair to you are retained by Laborfair.

Limitation on Liability.

Laborfair shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Laborfair's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). WITHOUT LIMITING THE FOREGOING, LABORFAIR AND ITS AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, LABORFAIR'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO LABORFAIR FOR THE LABORFAIR SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, 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."

Express Disclaimer of Representations and Waranties.

THE LABORFAIR SITE IS PROVIDED BY LABORFAIR ON AN "AS IS" BASIS. LABORFAIR AND ITS LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE LABORFAIR SITE, LABORFAIR SERVICE OR SOFTWARE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE LABORFAIR SITE OR IN ASSOCIATION WITH THE LABORFAIR SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, LABORFAIR AND ITS LICENSORS AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LABORFAIR AND ITS LICENSORS AND AFFILIATES FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE LABORFAIR SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LABORFAIR IS NOT RESPONSIBLE FOR THE CONDUCT, OF ANY USER OF THE LABORFAIR SITE. Laborfair does not warrant or covenant that the Laborfair service will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Laborfair service is free of viruses or other potentially harmful components. Any material or Content downloaded or otherwise obtained through the use of the Laborfair service is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM LABORFAIR, THE LABORFAIR SITE OR THROUGH OR FROM THE LABORFAIR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Indemnity

You agree to indemnify and hold Laborfair, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Laborfair Site, (ii) your use of the Laborfair services, (iii) the violation of these Terms of Use by you, or (iv) the infringement by you, or any third party using your account or FairID or password, of any intellectual property or other right of any person or entity.

Miscellaneous.

If there is any dispute about or involving the Laborfair Site and/or the Laborfair service , by using the Laborfair Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of San Francisco. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind Laborfair in any respect whatsoever. Laborfair may provide you with notices, including those regarding changes to the Terms of Use by email, regular mail or postings on the Laborfair service . These Terms of Use, accepted upon use of the Laborfair Site, and all terms, guidelines and rules referenced herein contain the entire Terms of Use between you and Laborfair regarding the use of the Laborfair Site and/or the Laborfair service . The failure of Laborfair to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub licensable by you except with Laborfair's prior written consent. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include Laborfair's acceptable use policy for Content posted on the Laborfair Site, Laborfair's Privacy Policy, and any notices regarding the Laborfair Site.

Contact and Violations.

Please contact us with any questions regarding these Terms of Use. Please report any violations of the Terms of Use to 1-415-963-4202.

Mark.

Laborfair is a proprietary service mark of Laborfair, Inc.

Special Notice and Disclaimer of Compliance with Certain Laws.

The users who post their information on Laborfair sites are not the employees of Laborfair, Inc. The Laborfair sites are information portals whereby individuals supply information concerning their qualifications and availability for work only. Any party using this site to identify and retain the services of individuals providing such services does so at their own risk. Laborfair, Inc. makes no representations or warranties whatsoever regarding the truth or veracity of information posted on Laborfair sites by individuals seeking employment. Laborfair, Inc. does not conduct background checks of any kind or screen individuals in any way. Users of Laborfair sites are solely responsible for complying with all applicable laws, including but not limited to, state and federal wage and hour law, other employment-related laws including anti-discrimination laws, laws related to an individual's work eligibility and state and federal tax laws. Laborfair, Inc. expressly disclaims any responsibility for advising any individual or ensuring compliance with these laws.