TASKMAVERICK
TERMS OF SERVICE
LAST UPDATED: August 10, 2026
These Terms of Service, and anyrelated agreements and Privacy Policies, are a legal agreement("Agreement") made between you, either as a Customer, visitor, Consultant,account administrator ("Admin"), User, and Taskmaverick, Inc.,("Taskmaverick," "Company," "we," or"us") for the use of the Taskmaverick.com website and theTaskmaverick mobile application, and all related services, features and Contentoffered by the Company (collectively, the "Service").
These Terms of Service("Terms") govern your access to and use of our Service. Your accessto and use of the Service is conditioned on your acceptance of and compliancewith these Terms. These Terms apply to all who visit, access, or use theService.
1.0 DEFINITIONS
1.1 Platform: The Platform (alternativelyreferred to hereinafter as the “Service” or the “Software”) is defined as anyand all features, functions, and services provided by Taskmaverick.
1.2 Organization: The legal entity which is subscribed to ThePlatform, or “Customer”.
1.3 Library: The content database where informationcan be stored and organized in the form of Missions.
1.4 Marketplace: The content database from whichreadily-made Missions can be imported into Customer’s Organization Library.
1.5 Mission: A mission can be in several forms,including Task, Checklist, Survey, Ticket, Audit, Test, or Media.
1.6 Process: A Process is an aggregation of Missionswhich can be assigned or posted automatically in sequence, based on a varietyof conditions, such as the occurrence, the aging, or the rating of priorMission(s), or information collected in prior Mission(s).
1.7 TriggerInstance: A TriggerInstance can be either an assignment of a Mission, or it can be an action thatis triggered within the Platform, or through the Platform into a third-partysystem, based on an automation within the Platform.
1.8 User: A User is a person or an individual whocan perform in the Platform. A User can be set up as follows:
a. Tohave access only to Team Boards
b. Tohave access only to a Personal Board
c. Tohave access to both a Personal Board and Team Boards
1.9 PersonalBoard: A User can beprovided with access to a dedicated Personal Board where missions can beassigned to them.
1.10 Course: A Course is an aggregation of Missionswhich can be assigned or posted automatically in sequence, based on a varietyof conditions, such as the occurrence of prior Mission(s).
1.11 Certification: A Certificate can be created, tracked,and managed by the Platform, and corresponding actions can be taken by the Useron their Personal Board. A Certificate can include Courses and Missions.
1.12 Storage: The number of gigabytes (GB) that is usedby an Organization to store content in the Platform.
1.13 Location: A Location can be comprised of oneBusiness Unit, or multiple Business Units.
1.14 BusinessUnit: A Business Unit orUnit can be comprised of any of the following:
a. OneLocation with one or more Team Boards, or Users.
b. OneLocation with one or more Buildings, or Users.
c. OneBuilding with one or more Areas, or Users.
d. OneBuilding with one or more Team Boards, Or Users.
e. OneArea with one or more Team Boards, or Users.
1.15 TeamBoard Template: A TeamBoard Template can be created in the Platform, with Missions added to it. ATeam Board Template does not have Users added to it, and it does not belong toany Unit.
1.16 TeamBoard: A Team BoardTemplate automatically becomes a unique Team Board every time it becomesactivated under a Location, or under a Building, or under an Area. The Missionsincluded in a Team Board Template remain the same when such template becomes aTeam Board, except that the Missions with each Team Board can have uniqueassignment schedules, and Users can be added to a Team Board, but not to a TeamBoard template. One or multiple Users can belong to a Team Board.
1.17 Ticket Board: A Ticket Board is wherealerts are posted in the form of Tickets. One or multiple Users can belong to aTicket Board. For billing purposes, a Ticket Board shall have the same base costas a Team Board, and it shall be counted as a Team Board in any billing formula.
1.18 Activeor Inactive: Any Unit,Team Board, Personal Board or User is deemed as “Active” or “Inactive” based onits designation in the Platform. Taskmaverick’s Subscription Fee shall beapplied in full during any partial or full month when a feature or function isactive, and regardless of whether Customer is deriving any benefit from suchfeature or function. No fees shall be applied to any feature or function whichbecomes designated as “Inactive” in the Platform for the entirety of a calendarmonth. Customer may, from time to time, either activate or deactivate billablefeatures or functions. In the event of such activations or deactivations,Customer’s billing shall be automatically adjusted without further notice toCustomer.
2.0 SUBSCRIPTION FEES PAYMENT
2.1 Subscription Only: The Service isprovided on a subscription basis for the term specified in your subscription,in accordance with the respective subscription plan purchased (the“Subscription”).
2.2 Subscription Fees: Such fees shall be according to Taskmaverick’s conditions andpublished rates on its website at www.taskmaverick.com, unless agreed to otherwise through asubscription offering, or via an Order Form, or through an alternative writtenagreement that is signed by Taskmaverick. Taskmaverick may amend its publishedrates at anytime with or without notice to Customer. Should the published ratesbe amended by Taskmaverick during any given month, then such rates may, atTaskmaverick’s discretion, be applied to Customer during the following month,unless expressly agreed to otherwise with Customer through a subscription offering,or via an Order Form, or through an alternative written agreement that issigned by Taskmaverick.
2.3 Deletingvs Deactivating: If aUnit, Team Board, Ticket Board, Personal Board, or User are deleted, theirrelated data will be completely removed from the system. If such are inactive,then the Software will continue to store all data related to them, and they cantherefore be reactivated at any time.
2.4 Billing: After each calendar month when billing is applicable under thisAgreement, the amounts owed by Customer will be debited automatically, based onCustomer’s payment method and information. If expressly agreed to in writing,Customer will receive an invoice via email, and Customer shall remit paymentaccordingly.
2.5 Terminationfor Non-Payment: In the event that Taskmaverick isunable to collect the Fees owed by Customer under this Agreement, or ifTaskmaverick experiences a decline, chargeback or other rejection of a chargeof any amounts due, Taskmaverick may, at its sole discretion, suspend or cancelthe service provided under this Agreement, without any further notice, andwithout derogating from any other remedy that may be applicable to Taskmaverickunder this Agreement.
2.6 Effectof Termination of Service: Upon the termination or expirationof these Terms, all rights granted to Customer under this Agreement shallterminate. It is Customer’s sole responsibility to export the Customer Data,which we will continue to store for a period of thirty (30) calendar days aftersuch termination or expiration. Thereafter, Taskmaverick reserves the right, atits sole discretion, to delete such Customer Data, without any further liability to Customer. Inno event shall the termination or expiration of this Agreement relieve Customerfrom its payment obligations.
2.7 Taxes: The Subscription Fees areexclusive of any and all taxes. (Including without limitation, value-added tax,sales tax, use tax, excise, goods and services tax, etc.), levies, or duties,hereunder (the "Taxes"). If you chose to use our Service while beinglocated in a jurisdiction that requires you to deduct or withhold taxes orother amounts from any amounts due to us, you hereby agree that Taskmaverickwill add such Taxes to your Subscription Fees. Such addition will be in amanner and amount necessary to ensure that our net proceeds are equal to theamounts we would have received, based on the Subscription Order Form, had suchTaxes not been applicable.
2.8 Excessive or Abusive Usage: We shall havethe right, including without limitation, where we, at our sole discretion,believe that you and/or any of your Users have misused the Service or otherwiseexcessively use the Service compared to the anticipated everyday use. At oursole discretion, we may offer the Subscription on a different pricing scaleand/or impose additional restrictions as to the upload, storage, download, anduse of the Service. The additional restrictions are, without limitation,restrictions on Third Party Services, network traffic, bandwidth, size and/orlength of Content, quality and/or format of Content, sources of Content, thevolume of download time, etc.
2.9 Hardware: You shall source the necessary devices(phone, tablet, accessories, etc.) to interact with the Software. Taskmaverickmay, from time to time, recommend hardware suppliers to Customer, but Customershall have the option to purchase from anywhere. A recommendation of a vendorby Taskmaverick shall not imply a warranty by Taskmaverick.
3.0 YOUR USE OF THE SERVICE
3.1 Terms of Access: By accessing or usingthe Service, you agree to be bound by these Terms. If you are using theServices on behalf of an organization or entity ("Organization"),then you agree to these Terms on behalf of that Organization, and you representand warrant that you have the authority to bind the Organization to theseTerms. In that case, "you" and "your" refers to you andthat Organization. These Terms become legally binding upon you personally andupon any entity that you represent, as of the date that any service provided byTaskmaverick is used (the "Effective Date") by either of you.
3.2 Binding Terms: You may use the Serviceonly if you agree to be bound by these Terms of Service and all applicablelocal, state, national, and international laws, rules, and regulations. TheService may change from time to time as we evolve, refine, or add more featuresto the Service, often without prior notice to you.
4.0 REGISTRATION & ADMINISTRATION
4.1 Administrator: The first User who createsan account ("Account") and registers to the Service is automaticallyassigned as the Administrator (or “Admin”). The Admin is also considered a Userof the Service. Taskmaverick will not be responsible for any losses to youcaused by any unauthorized access or usage of the account.
4.2 Authorized Access: We consider the Administrators(or Admin; or Admins) as the authorized representative(s) of the enrollingentity as well as any person who gains access through the Admin's accesscredentials, whether voluntarily or otherwise. Any access to the Servicethrough valid credentials is construed to be authorized access until we areinformed and can confirm otherwise. An Admin's actions and decisions, alongwith the actions and decisions of anyone granted access by an Admin, shall belegally binding on each entity for which they are the Admin.
5.0 YOUR ACCOUNT
5.1 Accessibility: You must provide accurateinformation when you create your Taskmaverick account. Your Taskmaverickaccount gives you access to the Services and functionality that we mayestablish and maintain from time to time and at our sole discretion. We maymaintain different types of accounts or account setups for different types ofusers or organizations, depending on how they choose to use our Service. If youconnect to Taskmaverick with a third-party service, you give us permission toaccess and use your information from that Service as permitted by that Serviceand to store your login credentials for that Service. You may never use anotheruser's account without permission.
6.0 ACCOUNT SECURITY & PRIVACY
6.1 Credentials: You are responsible forsafeguarding the credentials that you use to access the Service and for anyactivities or actions under your password, whether your password is withTaskmaverick or a third-party service. We encourage you to use “strong”passwords that use a combination of upper- and lowercase letters, numbers, andsymbols with your account. Current NIST standards recommend password lengths ofat least eight characters. You agree not to disclose your password to any thirdparty. Taskmaverick cannot and will not be liable for any loss or damagearising from your failure to comply with the above requirements. You mustnotify Taskmaverick immediately upon becoming aware of any breach of securityor unauthorized use of your account.
6.2 Security: Your security is important tous. Some of the security features we utilize include utilizing isolatednetworks deployed in a Virtual Privacy Cloud with dedicated firewalls,sophisticated role access rules, and end-to-end encryption using the reliableTransport Layer Security (TLS). Also, our database provider is ISO/IEC27001:2013 certified as well as PCI DSS compliant. Although we do our best toprovide robust security, we do not guarantee that we can fully protect suchdata, and we, as a result of this, advise you that using the system shall bedone at your own risk.
6.3 Personal Information: We routinelycollect and use certain Personal Information about our Users to provideservices to them or improve our Service. We do not sell or purposely share thatdata with any third party, except as part of servicing or improving the system.Users can find information regarding our Privacy Policy at the followinglink: https://taskmaverick.com/privacy-policy.
6.4 Personal Data Collection: We care aboutthe privacy of our users. We collect, use, and share personally identifiableinformation and non-personally identifiable information described in ourPrivacy Policy. Using the Service, you agree to the collection of suchinformation and to have your personal data collected, used, and transferred toand processed in the United States.
6.5 California Consumer Privacy Act: Wecomply with all applicable regulations, including the California ConsumerPrivacy Act (the "CCPA") as well as the General Data ProtectionRegulation (the "GDPR") when we store or use jurisdictionallyapplicable User's personal information, as long as such personal informationdoes not enable identification of an individual. We shall exclusively haveownership of all personal information collected by us. For further information,please visit our California Privacy policy here: https://taskmaverick.com/privacy-policy-california andfor our GDPR Privacy Policy here: https://taskmaverick.com/privacy-policy-gdpr.
7.0 TASKMAVERICK’S LICENSE TO YOU
7.1 Customer Data: Customer Data includes anydata or material entered into the Service by the Customer, whether through ourwebsite or via the mobile application. Customers will always have all rights,titles, interests, and controls regarding the Customer Data. Subject to these Terms,Taskmaverick gives you a personal, worldwide, royalty-free, non-assignable,non-sublicensable, and non-exclusive license to use the Service. We reserve allrights not expressly granted in these Terms in the Service. We can terminatethis license at any time for any reason or no reason.
7.2 Systems Compatibility: We may makeavailable Software to access the Service via a website and a mobile device. Touse the Software, you must have a computer or mobile device compatible with theService. We do not warrant that the Software will be compatible with yourcomputer or mobile device. We give you a nonexclusive, non-transferable,revocable license to use a compiled code copy of the Software for one accounton any mobile device or computer owned or leased solely by you or yourOrganization, for your Admin use only.
7.3 Software Modification: You may not (i)modify, disassemble, decompile, or reverse engineer the Software, except to theextent that such restriction is expressly prohibited by law; (ii) rent, lease,loan, resell, sublicense, distribute, or otherwise transfer the Software to anythird party or use the Software to provide time-sharing or similar services forany third party; (iii) make any copies of the Software; (iv) remove,circumvent, disable, damage, or otherwise interfere with security-relatedfeatures of the Software, features that prevent or restrict use or copying ofany content accessible through the Software, or features that enforcelimitations on use of the Software; or (v) delete the copyright and otherproprietary rights notices on the Software. You agree that we may, from time totime, issue upgraded versions of the Software and may automaticallyelectronically upgrade the version of the Software that you are using on yourmobile device. You agree to the automatic upgrading on your mobile device andagree that service terms will apply to any upgrades.
8.0 THIRD PARTY COMPONENTS WITHIN OUR SERVICE
8.1 Open Source Code: Our Service includesthird-party codes and libraries that are subject to the third-party open sourcelicense terms (the "Open Source Code" and the "Open SourceTerms," respectively). Some of such Open Source Terms determine that, to theextent applicable to the respective Open Source Code licensed thereunder, suchterms prevail over any conflicting license terms, including these Terms. We useour best endeavors to identify such Open Source Code within our Service; hencewe encourage Users to become familiar with such Open Source Terms. Note, we useour best efforts to use only Open Source Codes that do not impose anyobligation or affect the User Data or related intellectual property. These efforts apply to our Service's typical use that does not involve anymodification, distribution, or independent use of such Open Source Code.Notwithstanding anything to the contrary, we make no warranty or indemnityhereunder concerning any Open Source Codes.
8.2 Third Party License: Any third-party codethat may be incorporated in the Software is covered by the applicable opensource or third-party license EULA, if any, authorizing use of such code. Thislicense is not a sale of the Software or any copy thereof. Taskmaverick or its third-partypartners or suppliers retain all right, title, and interest in the Software(and any copy thereof). We reserve all rights not expressly granted under theseTerms. If the Software is acquired on behalf of the United States Government,then the following provision applies: Use, duplication or disclosure of theSoftware by the U.S. Government is subject to restrictions outlined in theseTerms and as provided in DFARS 227.7202-1(a) and 227.7202- 3(a) (1995), DFARS252.227-7013(c)(1)(ii) (OCT 1988), DFARS 252.227- 7013(c) (2015), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
8.3 Software Origination: The Softwareoriginates in the United States and is subject to United States export laws andregulations. The Software may not be exported or re-exported to certaincountries or those persons or entities prohibited from receiving exports fromthe United States. Also, the Software may be subject to the import and exportlaws of other countries. You agree to comply with all United States and foreignlaws related to the Software and the Service use.
9.0 YOUR CONTENT
9.1 Content Activity: Some areas of theService allow you to post or upload information, text, graphics, or othermaterial ("Content" or, when posted by you, "your Content")and to share your Content with others. You retain ownership of your Content,but there are many things that users may do with your Content, for example,copy it, modify it, re-share it, or broadcast it. In no event shall Taskmaverickbe responsible for such activity, nor shall Taskmaverick incur any liabilityfor such actions. You understand that publishing your Content on the Service isnot a substitute for registering it with the U.S. Copyright Office, the WritersGuild of America, or any other rights organization. Carefully consider what youchoose to share.
9.2 Objectionable Material: You agree not topost Content that (i) may create a risk of harm, loss, physical or mentalinjury, emotional distress, death, disability, disfigurement, or physical ormental illness to you, to any other person, or to any animal; (ii) may create arisk of any other loss or damage to any person or property; (iii) seeks to harmor exploit children by exposing them to inappropriate Content, asking forpersonally identifiable details or otherwise; (iv) may constitute or contributeto a crime or tort; (v) contains any information or Content that we deem to beunlawful, harmful, abusive, racially or ethnically offensive, defamatory,infringing, invasive of personal privacy or publicity rights, harassing,humiliating to other people (publicly or otherwise), libelous, threatening,profane, or otherwise objectionable; (vi) contains any information or Contentthat is illegal (including, without limitation, the disclosure of insiderinformation under securities law or of another party's trade secrets); (vii)contains any information or Content that you do not have a right to makeavailable under any law or under contractual or fiduciary relationships; or(viii) contains any information or Content that you know is not correct andcurrent. You agree that any Content that you post does not and will not violaterights of any kind, including without limitation any intellectual propertyrights or rights of privacy. We reserve the right but are not obligated toreject and/or remove any Content that we believe, in our sole discretion,violates these provisions.
9.3 Ownership and License: You retain fullownership of your Content. However, you agree to grant us a worldwide,non-exclusive, irrevocable, transferable, perpetual, royalty-free license (withthe right to sublicense) to use, copy, reproduce, process, adapt, modify,publish, transmit, edit, translate, make derivatives, display, and distributesuch Content in connection with providing the Service to you and other users inaccordance with your settings on the Service. In providing the Service, we maymodify or adapt your Content to transmit, display or distribute it overcomputer networks and various media. We may modify or adapt your Contentand/or make changes to your Content as necessary to conform and adapt thatContent to any requirements or limitations of any networks, devices, services,or media.
9.4 Content Oversight: We reserve the right,but are not obligated, to remove or refuse to distribute any Content on theService, including your Content. We also reserve the right to access, read,preserve, and disclose any information as we reasonably believe is necessary to(i) satisfy any applicable law, regulation, legal process, or governmentalrequest; (ii) enforce the Terms, including investigation of potentialviolations; (iii) detect, prevent, or otherwise address fraud, security, ortechnical issues; (iv) respond to user support requests; or (v) protect therights, property, or safety of Taskmaverick, its users, and the public.
9.5 Data Restrictions: Customer furtheragrees that it shall not enter any data into the Service which is under specialprotection, such as data that is classified under GDPR, Article 9(1) or anyother legitimate authority anywhere; (ii) which contains any health informationsubject to protection under the Health Insurance Portability and AccountabilityAct ("HIPAA"); and (iii) data containing any payment or banking carddata subject to PCI DSS.
10.0 TASKMAVERICK PROPERTY, COPYRIGHTS, ANDFEEDBACK
10.1 Right, Title and Interest: All right,title and interest in and to the Service (excluding Content provided by users)are and will remain the exclusive property of Taskmaverick and its licensors.The Service is protected by copyright, trademark, and other laws of both theUnited States and foreign countries. Nothing in the Terms gives you a right touse the Taskmaverick name or any of the Taskmaverick trademarks, logos, domainnames, and other distinctive brand features. Any feedback, comments, orsuggestions you may provide regarding Taskmaverick or the Service is entirelyvoluntary. We will be free to use such feedback, comments, or suggestions as wesee fit and without any obligation to you.
10.2 User Advertising: Except as expresslyagreed to in writing by Taskmaverick, Taskmaverick reserves the right topublicly use the User's name and logo for advertising that the User is a userof Taskmaverick. Taskmaverick shall not make any other claims about the User,except that the User is a user of Taskmaverick.
10.3 API: Should we offer you an applicationprogramming interface ("API"), such API shall be governed by theTerms herein. We reserve the right at any time to change or discontinue youraccess to our API with or without notice and without any liability orobligation to you. Should we offer you an API, we shall do so without anywarranties for its use or suitability for your purposes, systems, orSoftware.
11.0 USE OF CONTENT
11.1 Content Veracity: All Content in or onthe Service, whether publicly posted or privately transmitted by users, is thesole responsibility of the person who originated such Content. We do notendorse, support, represent, or guarantee the completeness, truthfulness,accuracy, or reliability of any Content or communications posted via theService or endorse any opinions expressed via the Service. We may not monitoror control the Content posted via the Service, and we cannot takeresponsibility for such Content. If you use or rely on any Content or materialsposted via the Service or obtained by you through the Service, it is at yourown risk. Under no circumstances will Taskmaverick be liable for any Content,any loss, or damage of any kind incurred due to the use of any Content in theService. You agree that you are responsible for your use of the Service, forany Content you provide, and for any consequences thereof, including the use ofyour Content by other users and third parties. You understand that if you donot have the right to submit Content to the Service, doing so may subject youto liability. Taskmaverick will not be responsible or liable for any use ofyour Content by Taskmaverick under these Terms. You represent and warrant thatyou have all the rights, power, and authority necessary to grant the rightsgranted herein to any Content you submit, including all the required rights toupload your Content for use according to these terms and conditions.
12.0 ACCEPTABLE USE OF TASKMAVERICK
12.1 Platform Misuse: Taskmaverick is trustedby its users, and we trust you to use our Service responsibly. You agree not tomisuse the Service. For example, you must not and must not attempt to do thefollowing things:
· use the Service for any unlawful purposes orpromotion of illegal activities;
· post any Content on the Service in violation ofany applicable law, including intellectual property laws and right of privacyor publicity laws or any contractual obligation;
· impersonate others through the Service orotherwise misrepresent your affiliation with a person or entity in a mannerthat does or is intended to mislead, confuse, or deceive others;
· publish or post other people’s private orpersonally identifiable information, such as credit card numbers, personalhealth information, street address or Social Security/National Identitynumbers, without their express authorization and permission;
· send unsolicited communications, promotions oradvertisements, or spam;
· publish or link to malicious Content intended todamage or disrupt another user's browser or computer or to compromise a user'sprivacy;
· access, tamper with, or use non-public areas ofthe Service, Taskmaverick’s computer systems, or the technical delivery systemsof Taskmaverick’s providers;
· probe, scan, or test the vulnerability of anysystem or network or breach or circumvent any security or authenticationmeasures;
· access or search the Services by any means otherthan our publicly supported interfaces (for example, “scraping”);
· forge any TCP/IP packet header or any part ofthe header information in any email or posting, or in any way use the Serviceto send altered, deceptive, or false source-identifying information:
· interfere with, or disrupt, the access of anyuser, host or network, including, without limitation, sending a virus,overloading, flooding, spamming, or mail-bombing the Service, or by scriptingthe creation of Content in such a manner as to interfere with or create anundue burden on the Service. International users agree to comply with all locallaws regarding online conduct and acceptable Content. We may investigate and/orsuspend your account if you violate any of the above rules. Furthermore, we reservethe right to immediately terminate your account without further notice if, inour sole and absolute judgment, you violate these Terms or abuse the use of ourService.
13.0 THIRD PARTY WEBSITES / SERVICES /PARTNERS
13.1 Third Party Resources: The Service orthird parties within the Service could provide or facilitate links, widgets,tools, or other features that permit you to access other services, products,sites, and resources initiated by third parties (collectively,"Third-Party Resources"). Taskmaverick does not control such ThirdParty Resources or any services, products, or Content provided by or throughany Third-Party Resources or the business practices of any third partiesproviding such Third-Party Resources. Taskmaverick does not take responsibilityfor and does not endorse any such Third-Party Resources or the services,products, or Content made available by them. You acknowledge that Taskmaverickis not liable or responsible for any functions, Content, legality,appropriateness, accuracy, or any other aspect of such Third-Party Resources.You further acknowledge and agree that Taskmaverick will not be liable orresponsible for any loss or damage caused or allegedly caused by or inconjunction with the use of or dependence on any events, Content, goods, orservices made available through Third-Party Resources. Any dealings you havewith third parties found while using the Services are between you and the thirdparty and may be subject to additional terms provided by the third party, whichyou agree to by using such Third-Party Resources.
13.2 Linked Sites: The Content of such linkedsites is provided and developed by others. You should contact the sitewebmaster or administrator for those linked sites if you have any concernsabout such links or any content located therein. As always, you should takeappropriate precautions when downloading files from all websites to protectyour computer from viruses and other destructive programs. Importantly, it isvital that you take the necessary steps to determine whether accessing a Third PartyResource is suitable, including protecting your personal information andprivacy in using any such Third Party Resource and complying with applicableagreements. Accessing linked sites is at your own risk. At our sole discretion,we may change the fees for any Third Party Service, including imposing a newcharge on a Third Party Service that was provided for free or to discontinuewithout notice or justification the services of any Third Party Service.
13.3 Third Party Links: THE SERVICE MAYCONTAIN LINKS TO OTHER THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OFTASKMAVERICK OR ANY OTHER COVERED PARTY. AS SUCH, TASKMAVERICK AND THE NOTEDCOVERED PARTIES ARE NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR LINKCONTAINED WITHIN A LINKED SITE, OR ANY CHANGES, MODIFICATIONS, OR UPDATES TOSUCH SITES. TASKMAVERICK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE,AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT TASKMAVERICK OR ANY COVEREDPARTY RECOMMENDS OR ASSUMES ANY RESPONSIBILITY FOR THE CONTENT FOUND ON SUCHTHIRD-PARTY SITES.
13.4 Liability Waiver: TO THE FULL EXTENTPERMITTED UNDER ALL APPLICABLE LAWS, THE COMPANY DISCLAIMS LIABILITY FOR ANYDIRECT OR INDIRECT CONSEQUENCES ARISING FROM THE LINKS, INFORMATION, SERVICES,PRODUCTS, AND CONTENT POSTED BY USERS, ANY ACTIONS OR INACTIONS OF USERS, AND ANYUSER VIOLATIONS OF ANY APPLICABLE LAWS AND REGULATIONS.
14.0 SERVICE DISRUPTIONS
14.1 Malfunctions and Modifications: By usingour Services, you agree to absolve us of any and all liability if our Servicemalfunctions in total or in part. Our Services may be modified or upgraded toimprove the user experience or add functionality from time to time. As aresult, sometimes our Services, or certain features therein, can becomeinoperable or incomplete by containing bugs or suffering disruptions. IN NOEVENT SHALL OUR TOTAL AGGREGATE LIABILITY FOR SERVICE DISRUPTIONS ORINTERRUPTIONS, WHETHER PREVENTABLE OR NOT, EXCEED THE AMOUNT OF A DAILYPRORATED CREDIT BASED ON THE USER'S SUBSCRIPTION MONTHLY FEE. TO OBTAIN ASTATEMENT CREDIT, USER MUST PROVIDE TASKMAVERICK NOTICE WITHIN 48-HOURSFOLLOWING ANY CLAIMED SERVICE DISRUPTION; OTHERWISE, USER MAY NOT CLAIM ANYLOSS.
15.0 COPYRIGHT AND DMCA TAKE-DOWN
15.1 Submissions Removal: If you wish us toremove any submissions from our Services for any particular reason, pleasenotify us via email at contact@taskmaverick.com. While we do not have anobligation to remove submissions merely because of a removal request, we willevaluate all such requests. We will eliminate submissions that we decide shouldbe taken down at our sole discretion and in accordance with these Terms ofService (including our Privacy Policy) and applicable law. If you request theremoval of Content due to a copyright violation (yours), please follow theguidelines indicated in Section 15 below.
16.0 VIOLATION OF COPYRIGHTS / COPYRIGHT AGENT
16.1 Digital Millennium Copyright Act of 1998:The Digital Millennium Copyright Act of 1998 (the "DMCA") providesrecourse for copyright owners who believe that material appearing on theInternet infringes their rights under U.S. copyright law. If you are thecopyright owner (or are authorized to act on behalf of the copyright owner),please notify our Copyright Agent immediately of any copyright infringement. Assoon as we receive your notice of a claimed potential copyright infringement,in the appropriate form as described below, we will promptly disable or removeaccess to the subject materials claimed to be infringed (or the subject ofinfringing activity). Your notice to us must be in writing, and the notice mustinclude the following information:
· An explanation of the copyrighted work youbelieve has been infringed (or if you believe several copyrighted works mayhave been infringed, an indicative list);
· A description of the Content you believe is thesubject of some infringing activity, along with enough information to allow usto find the Content;
· An adequate amount of information to permit usto be able to contact you, such as your full name, address, telephone or mobilenumber, and email address;
· A statement demonstrating you have a "goodfaith belief" that the alleged infringing use of the Content was notauthorized by the copyright owner, the copyright owner's agent, or byapplicable law;
· A statement indicating that the information youhave provided is accurate; and
· A statement, made under penalty of perjury,affirming that you are the lawful copyright owner or are lawfully authorized toact on behalf of or represent the copyright holder.
16.2 Infringement: Any such infringementnotification that does not comply with the DMCA's requirements shall not bedeemed adequate notice. It shall not be deemed to confer upon Taskmaverickactual knowledge of the circumstances or facts from which material is allegedlyinfringed, or acts are evident.
17.0 WARRANTY DISCLAIMER
17.1 Risk of Use: THE SERVICE IS PROVIDED ONAN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE ISAT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THESERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE PRECEDING,TASKMAVERICK AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE,RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THESERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED ORSECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE ISFREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OROTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWNRISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMOR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OFTHE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITYFOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THESERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO ORIN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OFPRODUCTS OR SERVICES.
17.2 Service Provision: Also, Taskmaverick maytemporarily or permanently stop providing the Service, or any features withinthe Service, to you or users generally and may not be able to provide you withprior notice. The Service is offered as is, where is, without any future commitmentto anything by Taskmaverick other than what is published and accessible on theweb or via the mobile application at the time. Taskmaverick makes no warrantythat what is published and accessible will remain as such in the future.
18.0 LIMITATION OF LIABILITY
18.1 Hold Harmless: NOTWITHSTANDING ANYTHINGIN THESE TERMS OR ELSEWHERE TO THE CONTRARY AND THE FULLEST EXTENT PERMITTED BYAPPLICABLE LAW: IN NO EVENT SHALL EITHER PARTY HERETO AND ITS AFFILIATES,SUBCONTRACTORS, AGENTS, AND VENDORS (INCLUDING THE THIRD PARTY SERVICEPROVIDERS), BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMSFOR (I) ANY INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVEDAMAGES; (II) ANY LOSS OF PROFITS, COSTS, ANTICIPATED SAVINGS; (III) ANY LOSSOF, OR DAMAGE TO DATA, USE, BUSINESS, REPUTATION, REVENUE OR GOODWILL; AND/OR(IV) THE FAILURE OF SECURITY MEASURES AND PROTECTIONS, WHETHER INCONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY OR OTHERWISE, ANDWHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCHDAMAGES IN ADVANCE, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
18.2 Breach Obligations: EXCEPT FOR THEINDEMNITY OBLIGATIONS OF EITHER PARTY UNDER THIS AGREEMENT (INDEMNIFICATION),EITHER PARTY'S PAYMENT OBLIGATIONS HEREUNDER FOR ANY BREACH OF ANY RELATEDTERMS TO THIS AGREEMENT SHALL BE THE LESSER OF (I) THE AMOUNT OF LOSS, OR (II)THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU DURING THE 12 CONSECUTIVE MONTHSPRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OFLIABILITY IS CUMULATIVE DURING THE WHOLE DURATION OF THE RELATIONSHIP BETWEENTHE PARTIES, NOT PER INCIDENT.
19.0 INDEMNIFICATION
19.1 User Consent: You agree to defend,indemnify, and hold the Company, including its officers, directors, employees,agents, and licensors, harmless from and against any demands, claims, actions,liabilities, and settlements including, without any limitation, any associatedreasonable legal and accounting fees, interest or penalties resulting from, oralleged to result from, your violation of this Agreement.
19.2 Admin Consent: Admin and/or User onbehalf of itself and its agents, officers, directors, employees or affiliatesshall defend and indemnify and hold Taskmaverick and its affiliates,shareholders, employees, agents, and subcontractors harmless against allclaims, suits, losses, damages, liabilities, costs, and expenses includingreasonable legal costs and fees arising out of, resulting from or relating to:(a) any breach of a representation or warranty made by Admin or User herein;(b) Admin or User's failure to comply with any applicable laws or regulationsincluding but not limited to the Export Control and Sanctions Rules; CustomerData, including the use of Customer Data by Taskmaverick and/or any of itssubcontractors, if such infringes or violates any third party’s rights,including, without limitation, intellectual property, privacy and/or publicityrights, (c) any alleged infringement or misappropriation of any intellectualproperty rights of any third party based on or related to the Service modifications not made by Taskmaverick, and/or(d) Admin or User’s breach of this Agreement or applicable laws.
20.0 COMPLIANCE WITH ALL LAWS
20.1 Access, Transfer and Use of Information: Youagree that your use of our Service will comply with all relevant and applicablelaws and regulations, which shall include but not be limited to U.S. exportcontrol laws and executive orders. The information provided on and through thisSite or through our Service may be export-controlled technology and subject tothe export control restrictions of the United States. YOU MUST VERIFY ANDCOMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAININGTO ANY POTENTIAL ACCESS, TRANSFER, AND USE OF ANY INFORMATION HEREIN WHICH MAYBE "EXPORT-CONTROLLED" AS DEFINED BY LAW. This Site may not beaccessed or used by any national of certain countries or groups against whichthe United States has instituted sanctions (including Cuba, Iran, North Korea,Sudan, and Syria); especially Designated Nationals, and other proscribedentities and persons who are listed on the Denied Parties list. Due totechnical uncertainties preventing verification of the identity and ultimatepoint of access by any person attempting to access or use the Site, includingour Service, your access of the Site, including the presentment of anyauthorized User ID and password, constitutes your express representation that(1) the person attempting access thereunder is not a national of any suchsanctioned country or group or a Specially Designated National, and (2) is notincluded on such Denied Parties list, and (3) that, if an Authorized User, youhave not disclosed or provided such password and user ID to any such person foruse under your registration. Users shall be fully liable and subject toprosecution to the full extent of the law for any violations of this paragraph,and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD TASKMAVERICK HARMLESSFROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
21.0 GOVERNING LANGUAGE
21.1 These Terms of Service are drafted, executed,and presented originally in the English language. In the event of any conflict,contradiction, discrepancy, or inconsistency between the English version andany translated version of these Terms, the English language version shallcontrol and prevail in all respects. All disputes, legal proceedings, andcommunications arising under this Agreement shall be conducted exclusively inEnglish.
22.0 OUR RIGHT TO CHANGE, MODIFY ORDISCONTINUE THE SITE AND/OR SERVICES
22.1 Service Modifications: At times, andwithout prior notice to you, we may expand, change, modify, and improve ourServices. At any time, we may also discontinue operating part or all of ourServices or selectively deactivate certain features and functions of ourServices. Your use of the Service does not entitle you to the continuedprovision or availability of the Service. Any modification or elimination ofthe Service or any particular features or functions will be conducted in oursole and outright discretion and without an ongoing obligation or liability toyou. Taskmaverick shall not be liable to you or any third party for anysuspension, modification, or discontinuance of our Services.
22.2 Service Changes: TASKMAVERICK MAY MAKECHANGES TO THE SERVICE, SERVICES ON THE WEB SITE, MOBILE APPLICATION,INFORMATION, SOFTWARE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICALSPECIFICATIONS, PRODUCT OFFERINGS, AND ANY OTHER INFORMATION AND MATERIALS ATANY TIME AND WITHOUT NOTICE.
23.0 CHOICE OF LAW, JURISDICTION, AND VENUE
23.1 Legal Proceedings: This Agreement betweenyou and Taskmaverick, and your associated relationship, shall be governed,controlled by, and construed in accordance with the federal laws of the UnitedStates of America and the laws of the State of California, within the United Statesof America, excluding conflict of law's provisions that would indicate theapplication of the laws from another jurisdiction. Any legal action orproceeding relating to your access to, or use of, this Service or these termsof use shall be instituted only in a state or federal court located in LosAngeles County, California, United States of America. You and Taskmaverickirrevocably agree to accept the jurisdiction of such courts. You expressly andunconditionally waive any improper venue claim and any claim that said courtsare an inconvenient forum. If the courts in the country where you reside shoulddecide that the provisions or conditions of this paragraph are unenforceable,then you agree and consent to submit to binding arbitration exclusively.
24.0 DISPUTE RESOLUTION
24.1 Arbitration and Mediation: The partieswill attempt in good faith to resolve through negotiation any dispute, claim,or controversy arising out of or relating to these Terms of Service or anymatter relating in any way to your use of the Service. If the dispute, claim,or these negotiations do not resolve the controversy, the matter will besubmitted to Judicial Arbitration and Mediation Services, Inc. (a.k.a."JAMS"), or its successor, for mediation, and if the matter is notresolved through mediation, then it shall be submitted to JAMS, or itssuccessor, for final and binding arbitration. Nonetheless, legal action takenby Taskmaverick to recover damages for or obtain an injunction relating to ourService, website operations, or intellectual property shall not be submitted toarbitration or mediation except as otherwise agreed in writing by Taskmaverick.Also, either you or Taskmaverick may seek any preliminary or interim relieffrom a court of competent jurisdiction in the State of California, UnitedStates of America, necessary to protect the rights or property of you orTaskmaverick pending the completion of arbitration. Either party may commencethe arbitration process concerning the matters submitted to mediation by filingthe appropriate written demand for arbitration at any time following an initialmediation session or forty-five (45) days after the filing date of the writtenrequest for mediation, whichever happens first. The arbitration will beconducted in accordance with the provisions of JAMS' Streamlined Arbitration Rulesand Procedures in effect at the time of filing of the demand for arbitration.The parties covenant that they will participate in the arbitration in goodfaith and share equally in its costs. Any court of competent jurisdiction mayenforce the provisions of this paragraph. The party seeking enforcement shallbe entitled to an award of all costs, fees, and expenses, including attorneys'fees, to be paid by the party against whom enforcement is ordered.
25.0 CLASS ACTION
25.1 Claims: With respect to all persons andentities, regardless of whether they have obtained or used our Service forpersonal, commercial, or other purposes, all claims must be brought in theparties' individual capacity and not as a plaintiff or class member in anypurported class action, collective action, private attorney general action orother representative proceedings. This waiver applies to class arbitration, andunless we agree otherwise, the arbitrator may not consolidate more than oneperson's claims.
26.0 GENERAL TERM DISCLOSURES, OTHER
26.1 Definitions: As used herein, the term"including" means "including, but not limited to." Also,section headings are for limited reference purposes only and in no way limit,construe, define, or describe the scope or extent of such section.
26.2 Assignment: These Terms, and any and allrights and obligations hereunder, may not be transferred or assigned by youwithout our written approval, provided that you may assign these Terms to yoursuccessor entity or person, resulting from a merger, acquisition, or sale ofall or substantially all of your assets or voting rights, except for anassignment to a competitor of Taskmaverick. You hereby agree that allrespective assignees shall agree to assume all of your obligations under theseTerms in any assignment. We may assign our rights and/or obligations hereunderand/or transfer ownership rights and title in the Service to a third partywithout your consent or prior notice. Subject to the preceding conditions,these Terms shall bind and inure to the parties' benefit, their respectivesuccessors, and permitted assigns. Any assignment not authorized under thisSection shall be null and void.
26.3 No Waiver: Any failure by us to requireperformance, at any time, of any condition or provision of this Agreement or toexercise any right provided for herein shall not be deemed a waiver of suchprovision or such right.
26.4 Severability: If any provision specifiedherein is held to be unenforceable or invalid by a court of competentjurisdiction, such unenforceability or invalidity shall not affect theremaining provisions' enforceability or validity. Importantly, the remainingprovisions of these Terms of Service shall hereby remain in full force andeffect.
26.5 Agreement Scope: These Terms of Service,as described herein, encompasses the entire Agreement and understanding betweenus and, as such, supersede all prior agreements and understandings between youand Taskmaverick as it pertains to the subject matter hereof.
27.0 CHANGES TO OUR TERMS OF USE AND OURSEPARATE PRIVACY POLICY
27.1 Updates: We unequivocally reserve theright to modify or update these Terms of Service and our separate PrivacyPolicy at any time, without prior notice, by posting the revised version ofthese Terms of Service and Privacy Policy behind a link marked "Terms ofService" or "Privacy Policy," on our website, or within ourmobile application. When we change the Terms of Service or our Privacy Policy,we will update the Effective Date on the policy page. Your continued use of ourServices after we have posted the revised Terms of Service or Privacy Policyconstitutes your agreement to be bound by the revised Terms of Service or ourprivacy practices.
27.2 Notice: We shall use the contact detailsthat we have in our records to provide you with notices, subject to thisSection. Our contact details for any notices are detailed below. Youacknowledge notices that we provide you, in connection with these Terms and/or asotherwise related to the Service, shall be provided as follows: via theService, including by posting on our Sites or posting in your account, or in-appnotification, or via email. You further acknowledge that an electronicnotification satisfies any applicable legal notification requirements,including that such notification will be in writing. Any notice to you will bedeemed given upon receipt. Notices to us shall be provided as follows:
Attention: General Manager
Via email to:
Via certified mailto:
240 North Beverly Drive,Penthouse
Beverly Hills, CA 90210