Terms and Conditions

ExtraHourz, Inc.
1501 Belle Isle Ave., Suite 110
Mt. Pleasant, SC 29464

Date Last Revision: October 13, 2020

Welcome to ExtraHourz, Inc. a Delaware corporation (“ExtraHourz”).

This is a legal document (the “Agreement”) setting forth terms and conditions ( the a “Terms and Conditions”) governing all users of the website, www.extrahourz.com, (the “Site”), our mobile applications (the “Applications”), communication software tools (the “Communication Software Tools”); and of the Services (described below) offered by ExtraHourz made available through the Site, the Applications and/or the Communication Software Tools. The Site, the Application and the Communication Software Tools are collectively and hereinafter called the “Platform”.

Definitions

The terms “us”, “we” and “our” refer to our company ExtraHourz, Inc or ExtraHourz.

A “Visitor” is someone who merely browses our Platform. A “Member” is a person or a business entity (whether it is for-private or non-profit) who has registered with us to use the Services provided on our Platform. The term “User” is a collective identifier that refers to either a Visitor or a Member, and “you” and “your” refer to you as a User of our Platform and/or the Services.

All text, information, graphics, design, and data offered through our Platform, whether produced by a User(s) or by us, are collectively known as our “Content”. We distinguish content posted by our Users as “User Content”.

The Agreement

This Agreement is between you and ExtraHourz.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. BY CIICKING TO “I AGREE’, “SIGN UP”, LOG IN”, OR SIMILAR, ACCESSING, AND/OR BROWSING OUR PLATFORM OR USING OUR SERVICES, YOU (1) AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND (2) REPRESENT THAT YOU HAVE THE FULL AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPMANY YOU HAVE NAMED AS THE MEMBER OR USER. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR PLATFORM IMMEDIATELY AND DO NOT USE THEM ANY FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and ExtraHourz and supersedes all other agreements, representations, warranties, and understandings with respect to our Platform or our Services, and the subject matter contained herein. However, for you to use our Platform or our Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated. Furthermore, ExtraHourz reserves the right to change this Agreement, and any additional terms at any time, effective upon making the modified provisions available on the Platform or by notifying you directly. You are responsible for regularly reviewing this Agreement for updates and modifications to its terms. Continued use of the Platform or Services any such changes are made to this Agreement shall constitute your consent to such changes. Other than making the changes available on the Platform, ExtraHourz does not and will not assume any obligation to notify you of any changes to this Agreement, or the creation or modification of any additional terms.

In using the Services, you shall:

  • accept and agree to the Terms and Conditions and our Privacy Policy;
  • register an account with us on the Platform;
  • confirm that you are at least 16 years of age if you are seeking employment;
  • confirm that you are at least 18 years of age if you are a person seeking on-demand shifts to work as an independent contractor;
  • confirm that you are at least 18 years of age if either (i) you are posting jobs through the Platform and using the Services, or (ii) you are an authorized representative of a business entity posting jobs through the Platform and using the Services;
  • represent that you are authorized to work and contract to work in the United States;
  • provide all information requested by us, including personal information; and
  • enable the geolocation services on your mobile device and keep such enabled while using the Services and/or the Platform.

Who We Are and Our Services

ExtraHourz offers various staffing services (the “Services”) through the Platform, connecting Members who seek job opportunities (the “Job Seeker”) with members who desire to provide the job opportunity (the “Job Providers”) to the Job Seeker. Through our Platform, our Members may communicate information regarding job opportunities including but not limited to (i) the type of job sought (traditional employment, temporary, or gigs); (ii) job details including descriptions, pay rate, and other requirements; and (iii) contact information. Through our Platform and the Services, you may directly engage with other Members in offering and accepting a job offer; entering a job contract including payment terms; and review the job performance.

You may through our Platform provide your identity including contact information, past and present work experience, skills, and personal or business information. We may, either incidentally during the course of the Services or with your permission, also access your name, email, address, mobile device number, location (such as through geolocation services from your mobile device) collect other third party data about you, and collect other information as we may request from time to time (collectively, the “Personal Information”). Please see our Privacy Notice for details.

We reserve the right to change, suspend or discontinue any of the Services. We may also modify our membership subscription fees effectively prospectively upon reasonable notice to the extent allowed under the law. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by application laws as noted in our Privacy Notice for details.

Privacy Notice

Our Privacy Notice is considered part of this Agreement and is available for you to review by clicking on this link.

Third Party Services, Websites, Content

For our compliance purposes, and in order to provide the Services to you, you hereby authorize us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity. When you register for the Services and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.

By using the Services and providing personal information to us, you automatically authorize us to obtain, directly or indirectly through our third-party service providers and without any time limit or the requirement to pay any fees, information about you from other third-party websites and databases as necessary to provide the Services to you, including, without limitation your location through the geolocation services of your mobile device. For the purposes of such authorization, you hereby grant ExtraHourz and our third-party service providers a limited power of attorney and you hereby appoint ExtraHourz and our third-party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place, and stead, in any and all capacities to access third-party websites, servers, and documents; retrieve information; and use your personal information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person.

In addition, our Platform may contain links to third-party website that are not owned by or controlled by ExtraHourz. We make no representations or warranties regarding any websites, information or content that may be accessible through the service of the third party that is not maintained, controlled, or create by ExtraHourz. Further, we assume no responsibility for the content, privacy policies, cookies, or practices of any third-party website.

We will not censor or edit the content of any third-party websites. Additionally, because we do not control non-Extrahourz sites or the products advertised therein, your acknowledgement and agree that ExtraHourz is not responsible for the availability of such non-ExtraHourz sites, products, or services, as is neither responsible nor liable for any content, advertising, products, services or other materials on or available from such sites. In no event shall any reference to any non-ExtraHourz site, product or service be construed as an approval or endorsement by ExtraHourz of such site, product, or service. Please see our Privacy Notice below for further details. By using the Platform and our Services, you expressly relieve ExtraHourz from any and all liabilities arising from your use of any third-party website.

You acknowledge and agree that when ExtraHourz or our third-party service providers access and retrieve information form such third-party websites, we and our Third-Party Service providers are acting as your agent, and not the agent or on behalf of the third party.

You agree that other third-parties shall be entitled to rely on the foregoing authorization, agency, and power of attorney granted by you. You understand and agree that the Services are not endorsed or sponsored by any third-party account providers accessible through the Services. We make no effort to review information obtained from the financial institution holding your bank account and other third-party websites and databases for accuracy, legality, or non-infringement.

You agree that you have control over any information, data, content, and/or files you transmit, upload, or store in association of the Services including personal information stored by operation of the Services (“Your data”). You grant us authorization to use, access, view, store, copy, delete or otherwise process Your Data as part of the Services.

You will use reasonable security precautions and employ administrative, physical and/or technical safeguards in view of your use of the Services. The information you provide us, including, without limitation, personal information, Your Data and User Content, is subject to our Privacy Policy.

License and User Access

ExtraHourz grants you a limited, non-exclusive, revocable right to access the use of the Platform and Services in accordance with the Terms and Conditions and any other agreements referenced herein solely for internal business use or personal uses, as applicable. You may access and use the Platform only in connection with your use of the Platform and the Services. Any other access to or use of the Platform or the Content constitutes a violation of the Terms and Conditions and may violate applicable copyright, trademark, or other laws. You may not access, use, or copy any portion of the Platform or of the Content through the use of bots, spiders, scrapers, web crawlers, indexing agents, or other automated devices or mechanisms. You agree not to remove or modify any copyright notice or trademark legend, author attribution, or other notice placed on or contained within any of the Content.

Our Content And Intellectual Property

Our Platform may contain our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Platform does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of ExtraHourz.

Our Content, as found within our Platform, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Platform does not grant you any ownership rights to our Content.

User Content And Conduct

Any information or content publicly posted or privately transmitted through the Services or the Platform is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk. Users may post their content through our Platform (User Content) which you may offensive, indecent, or objectionable. We have no control over User Content and do not in any way guarantee its quality, accuracy, or integrity. We are not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. ExtraHourz is not responsible for the monitoring or filtering of any User Content and has no duty to take any action regarding how you may interpret and use the Content or what action you may take as a result of having been exposed to the Content. You hereby release ExtraHourz from all liability for you having acquired or not acquired Content through the Platform and/or Services.

You are responsible for all Content you contribute, in any manner, to the Services and the Platform and you warranty and represent you have all rights necessary to do so, in the manner in which you contribute it. You may not upload, distribute or otherwise publish any Content that is invasive of privacy or public rights, infringing on intellectual property rights, unlawful, threatening, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful or otherwise objectionable, including but not limited to any Content that encourages conduct that would constitute a criminal offense or otherwise violates any applicable U.S. or foreign laws. All User Content must comply with all applicable federal and state laws for their content, including copyright and trademark laws. Users will respect copyright and trademark laws.

You warrant that you will not use our Platform to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Users whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

Without limiting the foregoing, we have sole discretion to remove any User Content that violates this Agreement or that is otherwise objectionable in our sole discretion.

As a User, you agree not to use our Platform to do any of the following:

Upload, post, or otherwise transmit any User Content that:

  • Violates any local, state, federal, or international laws
  • Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  • Links directly or indirectly to any materials to which you do not have a right to link
  • Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  • 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, or to extract information from our Platform
  • Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  • In the sole judgment of ExtraHourz is objectionable or restricts or inhibits any other person from using or enjoying our Platform, or which may expose ExtraHourz, our affiliates, or our Users to any harm or liability of any type

Use our Content to:

  • Develop competing Platform
  • Create compilations or derivative works as defined under United States copyright laws
  • Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  • Decompile, disassemble, or reverse engineer our Platform, and any related software

Use of Sensitive Information

Our Services may permit you to submit, upload, publish or otherwise make available to ExtraHourz through the Services textual, audio, and/or visual content and information, including Job Seeker or Job Provider profiles, rating and feedback related to the Services and other user, initiation of Service-related or support requests, and submission of entries for promotions all of which constitute the User Content. You have choices about your User Content, including the information you included on your profile, such as (but not limited to ) your background, education, work experience, skills, photograph(s) and/or location, and such User Content helps you to get more from our Services, including matching you to opportunities. It is your choice whether to include sensitive information or User Content on your profile. Please do not post or add personal data to your profile that you would not want to be publicly available. Any User Content provided by you remains your property. However, by providing User Content to ExtraHourz, you are granting ExtraHourz, its officers, directors, employees, agents, consultants, representatives, and affiliates, a worldwide, perpetual, irrevocable, transferable, royalty-free license to use the User Content in connection with the operation of the business of ExtraHourz, its directors, employees, officers, affiliates, representatives, consultants, and agents, including, without limitation, a right to distribute, copy, transmit, publicly display, reproduce, translate, edit, sublicense and reformat User Content. You understand and agree that you will not be compensated for any User Content. By posting User Content on our Platform, you warrant and represent that you own the rights to the User Content or are authorized to post, display, distribute, perform, or transmit User Content.

Users From Outside of The United States

Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States only. If you choose to access the Services from locations outside of the United States, such conduct is at your own risk and subject to laws of the United States, which may differ from the laws and regulations in your state or home county, and you are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where you are located.

Eligibility and Registration as a Member or User

To use our Platform, you must register with us to become a User. Your membership as User is not transferable or assignable and is void where prohibited. Our Platform is intended solely for a User(s) who are at least 16 years of age or older if the user is looking for a traditional employment as a W-2 employee through the Platform and the Services; However, for Users who (i) provide jobs through the Platform and the Services and/or (ii) seek on-demand shift-based jobs as an independent contractor, they must be at least 18 years of age (the “Required Age”). Any registration by, use of, or access to our Platform by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Platform, you represent and warrant that you are the Required Age or older and agree to abide by all the terms and conditions of this Agreement. ExtraHourz has sole right and discretion to determine whether to accept a User and may reject a User’s registration with or without explanation.

When you complete the registration process, you will receive a password that will allow you to access our Platform. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as all activities that occur through the use of your password.

You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Platform cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.

Errors, Corrections, and Changes

We do not represent or otherwise warrant that our Platform will be error-free or free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our Platform will be correct, accurate, timely or otherwise reliable. ExtraHourz reserves the right at our sole discretion to change any content, software, and other items used or contained in our Platform at any time without notice.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Text Messaging

You agree that we have your explicit consent to provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided to us (e.g., email, SMS or MMS to your mobile phone number, physical address). You agree to keep membership account and contact information up to date. You can cancel the SMS service at any time by replying to “STOP” to the last text message you received. Message and data rates may apply for any messages sent to you from us and to us from you.

Linking to Our Platform

You may provide links to our Platform provided that (a) you do not remove or obscure any portion of our Platform by framing or otherwise, (b) your services do not engage in illegal or pornographic activities, and (c) you cease providing links to our Platform immediately upon our request.

Links to Other Websites

Our Platform may from time to time contain links to third-party websites. Inclusion of links for any website on our Platform does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites. ExtraHourz has no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.

Termination

Right to use of the Platform is effective until terminated by you or ExtraHourz. Your rights under these Terms and Conditions will terminate without our notice if you fail to comply with any term of these Terms and Conditions. Upon termination, you will stop representing yourself as a registered Member or User. You must delete or destroy any information or content (including all copies) obtained from our Platform. Certain provisions of this Agreement, including, but not limited to, copyrights, indemnity, trademarks, limitation of liability, warranty, and jurisdictional issues will survive the termination of this Agreement.

Indemnification

You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.

Severability and Survival

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

Changes to Our Terms and Conditions

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our Platform. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Platform after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Platform.

Confidentiality

You acknowledge that, by virtue of using our Platform and Service, you may have access to certain information that are confidential or proprietary in nature of ExtraHourz or other Users (“Confidential Information”). You agree not to permit access to or to disclose the other party’s Confidential Information including but not limited Users’ contact information, qualifications, experience, references or other characteristics.

Arbitration and Dispute Resolution

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH BELOW ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE SITE, THE APPLICATION, THE PLATFORM AND SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD EAXH AND ALL OF THE TERMAS OF THE ARBITRATION PROVISION BELOWAND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCE OF THIS IMPORTANT BUSIENSS DECISION.

Any legal controversy or claim arising from or relating to this Agreement and/or our Platform, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – intellectual property and our Platform, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration will be conducted in Beaufort County, South Carolina and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Beaufort County, South Carolina necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.

Choice of Law and Jurisdiction

This Agreement will be treated as if it were executed and performed in Beaufort County, South Carolina and will be governed by and construed in accordance with the laws of the state of South Carolina without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Platform must be instituted within one (1) year after the cause of action arose or be forever waived and barred.

Limited License

ExtraHourz grants you a nonexclusive, nontransferable, revocable license to access and use our Platform strictly in accordance with this Agreement. Your use of our Platform is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Platform may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Platform, and any software provided therein.

Additional Terms

Relationships between ExtraHourz, Job Seekers and Job Providers: Our service (“Service”) allows eligible Job Seekers to find immediately available job opportunities (either through traditional W-2 employment or as an independent contractor) that fit their purposes, schedules and lifestyles, and we facilitate that matching process. Therefore, under this Agreement, Job Providers and Job Seekers may form a contract on the terms determined directly between the parties without involvement of ExtraHourz. The Parties expressly agree that no joint venture, partnership, employment, or agency agreement exists between them as a result of this Agreement or any use of the Platform.

Job Provider assumes all liability for proper classification of a Job Seeker as independent contractors or employees based on applicable federal, state and local laws. This Agreement does not create a partnership or agency relationship between Job Provider and Job Seeker. Job Seeker does not have authority to enter into written or oral, whether implied or express, contracts on behalf of Job Provider. Job Seeker acknowledges that ExtraHourz does not, in any way, supervise, direct, or control Job Seeker’s work or performance of required tasks or assignments, nor is ExtraHourz involved in determining the type or manner compensation to be paid for any job, task or assignment requested by Job Provider. ExtraHourz will not provide Job Seeker with training or any equipment, labor or materials needed for a job, task or assignment requested by Job Provider.

Classification of W-2 Employees: When a Job Provider hires a Job Seeker through the Platform’s W-2 job posting, the hired Job Seeker is presumed to be a W-2 employee of the Job Provider. ExtraHourz will not deduct any amount for withholding, Unemployment Insurance, Social Security, or other taxes as it would in the case of its W-2 employees. Job Provider and Job Seeker will be solely responsible for all tax statements, returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to Job Seeker’s performance of requested tasks, job, or assignment.

When the parties subsequently alter such a relationship contrary to the posted job terms with respect to the W-2 category of the Job Seeker, the parties must assume all legal ramifications and liabilities stemming from the altered relationship. You must indemnify, defend, and hold ExtraHourz and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Platform.

Classification of Independent Contractor: When a Job Seeker is recruited, scheduled and paid through the Platform’s on-demand functions, the Job Seeker is presumed to be an independent contractor (IRS Form 1099) of the Job Provider (the “IC-Job Seekers”). However, if the Job Provider recruits and schedules the Job Seeker through the Platform but pays him or her via its own employee payroll system, the Job Seeker is a W-2 employee subject to all laws governing labor and employment practices.

Independent Contractor Trust & Safety Fee: ExtraHourz provides IC-Job Seekers with various support services, including proprietary technology and access to tools and support to facilitate connections between IC-Job Seekers and Job Providers. In addition, all IC-Job Seekers engaged with the Platform are required to be covered by Occupational Accident Insurance (OAI). This insurance covers a portion of medical expenses, lost compensation, and benefits related to accidental injuries that occur during the course of an accepted job through the ExtraHourz app. IC-Job Seekers agree to a deduction of 80 cents ($.80)/hour-worked as a Trust & Safety Fee, to offset all or a portion of the related expense of these services and benefits, from the IC-Job Seekers gross hourly pay.

Visit HERE for more detailed OAI coverage information.

Additional Terms for Job Providers

Service Fees, Server Plan, Late Payment and Taxes: ExtraHourz charges fees (the “Service Fees”) based on Job Provider’s subscription of plans and subsequent updates (the “Service Plan”) stated below. Other than the Custom Plan, we will charge to the Job Provider’s credit card (or other agreed method of payment) on file monthly for the subscribed plan. The Service Fees do not include taxes of any nature whether federal, state, local or foreign, including but not limited to, sales and use tax, withholding tax. Job Providers must pay all taxes associated with the subscription of our Service Plan.

  • Basic Plan: No contract is required. One FREE W-2 job posting per month/location, which job will remain posted for 7 days. For OnDemand job posting, 10% of the total hours worked by the IC Job Seeker will be charged to the Job Provider at the completion of the Job.
  • Silver Plan: No contract is required. A membership subscription fee of $40 dollars/month/location is charged to the Job Provider. Under this Plan, the Job Provider can post unlimited W-2 Jobs for no additional charge, and for OnDemand job posting, 9% of the total hours worked by the IC Job Seeker will be charged to the Job Provider’s account at the completion of the job.
  • Gold Plan: No contract is required. A membership subscription fee of $80 dollars/month/location is charged to the Job Provider. Under this Plan, the Job Provider can post unlimited W-2 Jobs for no additional charge, and for OnDemand job posting, 8% of the total hours worked by the IC Job Seeker will be charged to the Job Provider’s account at the completion of the job.
  • Platinum Plan: No contract is required. A membership subscription fee of $120 dollars/month/location is charged to the Job Provider. Under this Plan, the Job Provider can post unlimited W-2 Jobs for no additional charge, and for OnDemand job posting, 7% of the total hours worked by the IC Job Seeker will be charged to the Job Provider’s account at the completion of the job. A platinum subscription member will enjoy his/her/its own custom dashboard from which the member can access various reports and data relevant to their operations at no additional charge.
  • Custom Plan: A contract is required for corporations; a multi-unit business operator/franchise owner; or members who desire to use the ExtraHourz platform to recruit and schedule delivery drivers (W-2 employees or IC) for their own on-line ordering/food delivery program (the “OnDemand Delivery Driver Recruitment and Scheduling Program”). The OnDemand Delivery Driver Recruitment and Scheduling Program may require a separate agreement to reflect the custom plan and the parties’ responsibilities.

Late Cancellation Fee: the event that Job Provider cancels a job within two (2) hours of the job’s scheduled time, the Job Provider shall pay a late cancellation fee of twenty dollars ($20) or an amount equivalent to two hours of hourly rates advertised in the Job Provider’s job posting, whichever is lesser. For example, if the Job Provider posts a job at a rate of $10 per hour, the late cancellation fee shall be twenty dollars ($20). This cost includes both the payment to the ExtraHourz and the fee paid to the Job Seeker whose job was cancelled by you with such a short notice.

Refund Policy: No refund is allowed once the payment is being processed.

Verification of Work Experience, Qualifications and other Information about Job Seekers: The Platform allows Job Provider to access available Job Seekers’ contact information, experience, qualifications, availability, education, transportation and other information that Job Seekers provide in their profile. It is Job Provider’s responsibility to verify the accuracy of the information that Job Seekers including qualifications, experience, education and other information contained in their profile. If Job Provider has any questions or needs to verify information about the Job Seeker, he or she shall directly contact the Job Seeker before confirming and scheduling the job with the Job Seeker. Job Provider may cancel without being charged with a late fee via the ExtraHourz Mobile App even after the job has been scheduled, provided that the cancellation is done earlier than two hours from the job’s scheduled time.

Insurance Requirements: Job Providers engaging with the ExtraHourz platform must maintain at all times any and all required insurance policies, including but not limited to Liability Insurance, Workers Compensation Insurance, Disability Insurance or any other Local, State or Federally mandated insurance policy or program based upon the Job Provider’s type and nature of business operations. Any workers engaged by Job Providers and gained through the ExtraHourz Platform (whether W-2 Employee or Independent Contractor) will be assumed by ExtraHourz to be included under and covered by the Job Provider through any applicable Local, State or Federally mandated insurance policy or program.

Direct Engagement of Job Seeker and Job Provider Outside of The ExtraHourz Platform

By use of ExtraHourz’s Platform, Job Provider and Job Seeker may form a contract on the terms determined directly between the parties without involvement of ExtraHourz. Therefore, no joint venture, partnership, employment, or agency agreement between Job Provider and Job Seeker exists as a result of this Agreement or any use of the Platform. However, for any direct engagement of Job Seeker by Job Provider outside of our Platform or Service, Job Provider is solely responsible for properly classifying Job Seekers whether as independent contractors or employees. Such classifications must be based and comply with all applicable federal, state and local wage and hour, tax withholdings, employee benefits and all other applicable employment laws.

Disclaimer

Our Platform publishes content supplied by third parties, Users, advertisers, merchants, and sponsors. ExtraHourz has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers and Users of our Platform, are those of the respective author(s) and not of ExtraHourz. We do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties. We make no representation that the Platform or Content is appropriate or available for use in your location. A reference to a service on the Platform does not imply that such services is or will be available in your location. The content of the Platform, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each product is void where prohibited by law.

You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and merchants. You agree that use of or purchase from such merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY EXTRAHOURZ. All rules, legal documents (including privacy policies), and operating procedures of merchants will apply to you while on any merchant websites.

You hereby acknowledge that nothing contained in our Platform will constitute financial, investment, legal, and/or other professional advice and that no professional relationship of any kind is created between you and ExtraHourz or our Members. You hereby agree that you will not make any financial, investment, legal, and/or other decision based in whole or in part on anything contained in our Platform.

Warranty Disclaimer

Our Services allow you to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Job Providers, Job Seekers or References) on or through the Services. ExtraHourz is not responsible or liable in any manner for any content posted on our Platform, whether posted or caused by users of our Platform, or by ExtraHourz. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of the use of our Services, including from or based on your communications with other users. Although we provide rules for users conduct and postings, we do not control and are not responsible for what users post, transmit, or share on our Platform, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Platform. ExtraHourz is not responsible for the online or offline conduct of any User of our Platform. Under no circumstances will ExtraHourz be liable for denial of access to any content in our Services. We are not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services. ExtraHourz has the right to monitor all content (including User Content) and information exchanged through the Services, however, we do not have obligation to do so.

Our Platform may be temporarily unavailable from time to time for maintenance or other reasons. ExtraHourz assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

ExtraHourz is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Platform, including, without limitation, any software provided through our Platform.

Under no circumstances will ExtraHourz be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Platform, or any interactions between Members of our Platform, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Platform by third parties or by any of the equipment or programming associated with or utilized by our Platform.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR PLATFORM ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

EXTRAHOURZ, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR PLATFORM. EXTRAHOURZ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR PLATFORM, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. EXTRAHOURZ DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, PLATFORM, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, PLATFORM, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR PLATFORM AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EXTRAHOURZ.

OUR PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR PLATFORM WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

IN NO EVENT WILL EXTRAHOURZ OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR PLATFORM, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR PLATFORM, EVEN IF EXTRAHOURZ IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EXTRAHOURZ’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.