Link2Task User Agreement (hereinafter “UA”, last updated on October 10th, 2020)
Thank you for your interest in Link2Task (herein after “L2T”). L2T is a phone/web application that allows its users to create and manage tasks. L2T is owned and operated by eConsulting Group, Inc. (hereinafter “eCG”). By accepting this agreement you agree to the Terms and Conditions, listed herein, and agree to follow these at all time while utilizing our servers, software and application programming interface (“API”), services, websites, mobile app, or any associated content/postings (hereinafter, “L2T”). By accessing and/or using L2T you represent and warrant to L2T that you are over 18 years old or with an adult guardian (if you are less than 18 years old) and that you have authority and agree to accept this UA. If you do not agree with this UA, please do not register and use L2T.
L2T reserves the rights to change this UA at any time, for any reason, at our own discretion. It is your responsibility to understand and agree to follow the terms and conditions of this UA, and all other policies, site rules, and agreements, that are fully incorporated into this UA and that are being referenced herein or on L2T.
If you agree to this UA and (1) if you are legally allowed to use L2T and be bound by this UA, and/or (2) using L2T, as an individual and/or on behalf of a business, thereby binding that business to this UA, we grant you a limited, revocable, non-exclusive, non-assignable license to use L2T in compliance with this UA and all other policies, site rules, and agreements, that are fully incorporated into this UA and that are being referenced herein or on L2T. Any usage of L2T against this UA and/or unlicensed use of L2T is unauthorized.
You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from L2T, excluding tasks and posts you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide any component of L2T or other third party services that interact or interoperate with L2T, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use.
You agree not to copy/collect/distribute L2T content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). False, misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is acting on a behalf of a third party or falsely Claiming to have authority to act on behalf of a third party. You agree not to post content that is prohibited by any of L2T’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse L2T’s flagging or reporting processes. You agree not to collect L2T’s user information or interfere with L2T’s day to day operations.
You agree we may moderate/monitor/control L2T access/use at our own discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account.
You agree (1) not to bypass or challenge said moderation/monitoring/controlling, (2) we are not liable for moderation/monitoring/controlling or not moderation/monitoring/controlling, and (3) nothing we say or do waives our right to moderation/monitoring/controlling, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available L2T, (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the L2T, any website code, or any software used to provide L2T, (iii) combine or integrate L2T with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects L2T, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use L2T in any way or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property or trademark rights or other rights of any person, or that violates any applicable law.
You agree to pay liquidated damages, equal to the amount of revenue lost by L2T., due to your violation of this and any other agreement, that you have entered in with the L2T. You further agree that if you violate this UA, or you encourage, support, benefit from, or induce others to do so, you will be jointly and severally liable to us for liquidated damages as follows for: (A) collecting/harvesting L2T users’ information, including personal or identifying information – $5 per violation; (B) publishing/misusing personal or identifying information of a third party in connection with your use of L2T without that party’s express written consent – $1,000 per violation; (C) misrepresenting your identity or affiliation to anyone in connection with your use of L2T – $1,000 per violation; (D) posting or attempting to post Prohibited Content – $5 per violation; (E) posting or attempting to post Prohibited Content in any paid section of L2T – the price per post applicable to that section of L2T; (F) sending an unauthorized/unsolicited email to an email address obtained from L2T – $25 per violation; (G) using L2T user information to make/send an unauthorized/unsolicited text message, call, or communication to a L2T user – $200 per text/call/communication; (H) creating a misleading or unlawful L2T account or buying/selling a L2T account – $5 per violation; (I) abusing or attempting to abuse L2T’s flagging or reporting processes – $1 per violation; (J) distributing any software to facilitate violations of this UA – $1,000 per violation; (K) aggregating, displaying, framing, copying, duplicating, reproducing, making derivative works from, distributing, licensing, selling, or exploiting L2T content for any purpose without our express written consent – $3,000 for each day you engage in such violations; (L) bypassing or attempting to bypass our moderation/monitoring/controlling efforts – $5 per violation. You agree that these amounts are (1) a reasonable estimate of our damages (as actual damages are often difficult to calculate), (2) not a penalty, and (3) not otherwise limiting on our ability to recover under any legal theory or claim, including statutory damages and other equitable relief (e.g., for spam, we can elect between the above liquidated damages or statutory damages under the anti-spam statute). You further agree that repeated violations of this UA will irreparably harm and entitle us to injunctive or equitable relief, in addition to monetary damages.
When you publish a task for bidding and accept a bid, at that moment, you authorize us to charge your account (e.g. credit card or bank account) for the accepted bid amount. Once both parties, Task Project Manager (you) and Task Member agree that task has been completed and accept the output by clicking “Accept” button, we will release the payment to the Team Member, minus transaction, other applicable fees, and taxes. Any fee collected as membership fee, transaction fee, and applicable fees are non-refundable, even for the tasks we remove, delay, omit, re-categorize, re-rank, or otherwise moderate/monitor/control. We may refuse membership and task posting to anybody for any reason.
DISCLAIMER & LIABILITY.
eCG and Affiliated Parties, including its officers, directors, employees, agents, licensors, affiliates, and successors in interest (hereinafter “Parties”), shall not be liable, to the full extent permitted by law, for any loss, injury, claim, liability, or damage of any kind resulting in any way from (1) any errors in or omissions from the L2T or any services or products obtainable there from, (2) the unavailability or interruption of the L2T or any features thereof, (3) your use of the L2T, (4) the content contained on the L2T, or (5) any delay or failure in performance beyond the control of a eCG.
eCG and Parties (1) make no promises, warranties, or representations as to L2T, including its completeness, functionalities, correctness, accessibility, timeliness, propriety, security or reliability; (2) provide L2T on an “AS IS” and “AS AVAILABLE” basis and any risk of using L2T is assumed by you, the user; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of you or any party in connection with L2T. L2T and Parties are NOT liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to usage of L2T. Any claim arising out of or related to the usage of the L2T shall not exceed $100.00 and that amount shall be in lieu of all other remedies which user may have against eCG and Parties.
CLAIMS & INDEMNITY.
Any claim, cause of action, demand, or dispute arising from or related to usage of L2T (“Claims”) will be governed by the laws of State of Illinois, without regard to conflict of law provisions, except to the extent governed by US federal law. Any Claims will be exclusively resolved by courts in Chicago, IL. You agree to (1) submit to the personal jurisdiction of courts in Chicago, IL; (2) indemnify and hold L2T and Parties harmless from any Claims, losses, liability, or expenses (including attorneys’ fees) that arise from a third party and relate to your use of L2T; and (3) be liable and responsible for any Claims we may have against your officers, directors, employees, agents, affiliates, or any other party, directly or indirectly, paid, directed or controlled by you, or acting for your benefit.
Link2Task.com and the logo are registered trademarks of eConsulting Group®.
Entire Agreement and Amendments. This UA constitutes the entire agreement between eCG/L2T and you with regard to the usage of L2T hereof, and replaces all prior understandings, agreements, representations, and warranties, both written and oral. it is a replacement to all other written or verbal agreements or understandings. No amendment or extension of this UA shall be binding unless in writing and signed by both parties. This UA shall be binding upon and shall inure to the benefit of you and the eCG and to the eCG’s successors and assigns. Nothing in this UA shall be construed to permit the assignment by user of any of its rights or obligations hereunder, and such assignment is expressly prohibited without the prior written consent of the eCG. This UA shall be governed by the laws of the State of Illinois. The invalidity or unenforceability of any provision of the UA shall not affect the validity or enforceability of any other provision. Any modification of this UA shall immediately supersede any previous UA. Users registered with prior UA may access L2T thereby until authorization is terminated or they accept the new UA. This UA stays in power regardless of our actions toward you or anyone else. The USE, LIQUIDATED DAMAGES, and CLAIMS & INDEMNITY sections shall stay in power even after the termination of this UA. If any part of this UA is unenforceable, it shall be applied to the least extent possible and supplemented with a valid provision that best embodies the intent of the eCG, Parties, and users. This UA, this is the exclusive and entire agreement between eCG and you.