(Last updated: March 11, 2025)
These Global Terms and Conditions (this “Agreement”) constitute a legally binding agreement between each User (“you” or “your”) and Community Labor Partnership Company (“Community Labor Partnership”) governing use of Community Labor Partnership’s website and platform, more particularly described in Section 1 below (collectively referred to herein as the “Platform”).
This Agreement governs your access to and use of the Platform. This Agreement may also include other supplemental policies and terms referenced and/or linked to within this Agreement or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into this Agreement by reference.
SECTION 16 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST COMMUNITY LABOR PARTNERSHIP TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.
1. DESCRIPTION OF THE PLATFORM. The Platform is an online web-based two-sided marketplace which enables connections between Clients and Laborers. Clients are individuals and/or businesses seeking to obtain short-term services (“Jobs”). “Laborer(s)” are individuals and/or businesses seeking to perform Jobs for Clients. Clients and Laborers are referred to herein together as “User(s)”.
Laborers are independent business owners, providing services under their own name or business name (and not under the Platform’s name), using their own tools and supplies. Laborers may (a) maintain a clientele without any restrictions from the Platform; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Jobs. Laborers are independent contractors of Clients, not the Platform.
Any reference to a Laborer being licensed or credentialed in some manner, or being “badged”, “reliable”, “elite”, “great value”, “background checked”, “vetted” (or similar language) indicates only that the Laborer has completed a relevant registration process with the Platform or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Laborers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by the Platform of a Laborer’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.
Notwithstanding any feature or service of the Platform that a Client may use to expedite Laborer selection, the Client is responsible for determining the Job and selecting or otherwise approving their Laborer and should undertake their own research prior to booking any Job to be satisfied that a specific Laborer has the right qualifications. Laborers, not the Platform, are solely responsible for the quality, timeliness and consequences of their work, and Clients’ recourse for any deficiencies with such work are exclusively against the Laborer, not the Platform.
2. COMMUNITY LABOR PARTNERSHIP’S ROLE. Community Labor Partnership is not an employment agency service or business, and Community Labor Partnership is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Community Labor Partnership. Users hereby acknowledge and agree that (a) Community Labor Partnership does not (i) perform Jobs nor employ individuals to perform Jobs, (ii) supervise, scope, direct, control or monitor Laborers’ work (including that Community Labor Partnership does not set Laborers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Laborers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Community Labor Partnership (including that Laborers may not modify all or any part of the Platform fees.
Community Labor Partnership is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Laborer assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security or National Insurance Contribution withholdings as to the Laborer and all persons engaged by the Laborer in the performance of the Job. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
3. USER REPRESENTATIONS AND WARRANTIES. In your access to and use of the Platform, you represent and warrant that you:
4. ADDITIONAL LABORER REPRESENTATIONS AND WARRANTIES. If you are a Laborer, you additionally represent and warrant that, in your access to and use of the Platform, you:
5. LABORER ONBOARDING.
(a) Background Checks. To the extent permitted by applicable law, Laborers may be subject to a review process before they can register on, and during their use of, the Platform, which may include identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”). If you are a Laborer, to the extent permitted under applicable law, you agree to undergo such Background Checks. Community Labor Partnership cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.
(b) Professional Licensing. Community Labor Partnership does not independently verify that Laborers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Jobs. It may be unlawful to perform certain types of Jobs without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Laborers are solely responsible for avoiding such prohibited Jobs. If you have questions about how national, state, provincial, territorial and/or local laws apply to your Jobs on the Platform, you should first seek appropriate legal guidance. Clients are solely responsible for determining if a Laborer has the skills and qualifications necessary to perform the specific Job and confirming that the Laborer has obtained all required licenses, permits, or registrations, if any. Clients may wish to consult their national, state, provincial, territorial and/or local law requirements to determine whether certain Jobs are required to be performed by a licensed or otherwise registered professional.
6. OTHER PARTIES. Where approved in advance by the Client for the Job, Laborers may engage assistants, helpers, subcontractors or other personnel (“Laborer Assistant(s)”) to perform all or any part of a Job; provided that such Laborer Assistants have registered through the Platform and meet all of the requirements applicable to the Laborer as set out in this Agreement. The Laborer assumes full and sole responsibility for the acts and omissions of all Laborer Assistants used in its performance of Jobs and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its Laborer Assistants, (b) all required and applicable tax withholdings as to such Laborer Assistants, and (c) ensuring all Laborer Assistants are registered Laborers on the Platform.
The Client agrees that if they have authorized someone other than the Client to book a Job on their behalf or to be present in their stead when the Job is performed, the Client is appointing that person as their agent (“Client Agent(s)”), and the Client is deemed to have granted to the Client Agent the authority to act as their agent in relation to the applicable Job. Client Agents may direct or instruct the Laborer’s performance of the Job, and the Laborer may follow such direction as if the direction was given by the Client. The Client assumes full and sole responsibility for the acts and omissions of Client Agents.
7. DEACTIVATION AND SUSPENSION. In the event of an actual or suspected breach by you of any part of this Agreement, or if your conduct poses a risk to Community Labor Partnership or the Platform (including abuse, fraud or interference with the proper working of the Platform), Community Labor Partnership may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform, until the issue is resolved to Community Labor Partnership’s reasonable satisfaction. Community Labor Partnership will provide you with written notice of its determination to deactivate or suspend your account and the basis for such deactivation or suspension. If you wish to appeal any determination made by Community Labor Partnership pursuant to this Section, please contact us here within 14 days of receipt of such notice with the grounds for your appeal. If Community Labor Partnership suspends or deactivates your account or limits your use of the Platform pursuant to this Section, you may not register and/or create a new account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party. Even after your right to use the Platform is suspended, terminated or limited, this Agreement will remain enforceable against you.
8. PAYMENTS. The Client will pay fees to the Platform for facilitating the booking of Jobs. Payments will be made as follows: a pre-determined deposit per Laborer to accompany this Agreement paid directly by the Client to the Platform as part of the booking process, as well as a credit card processing fee. The Client will further pay the balance due at an hourly rate for a minimum of two (2) hours for each Laborer, paid directly by the Client to the Laborer. No other fees and/or expenses will be paid to the Platform, unless such fees and/or expenses have been approved in advance by the Client. The Laborer, as an independent contractor, shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, worker’s compensation insurance, unemployment taxes, and other payroll type taxes applicable to such compensation.
The Platform has the right of control over the method of payment for services through its payment processing partner, Stripe. By booking online with the Platform, the Client is agreeing to the Stripe Services Agreement, located at https://stripe.com/legal/ssa. Additionally, the Client is authorizing its payment method to be charged for amounts owed to the Platform using debit or credit cards. Regarding payment disputes, all requests for chargebacks, errors, claims, refunds, and disputes will be subject to review by the Platform in accordance with the rules applicable to the payment method used. The Platform may initiate a collection process or legal action for fraudulently submitted disputes with the Client’s financial institution. Client agrees to pay all costs incurred to take such action, including reasonable attorney’s fees.
9. INTELLECTUAL PROPERTY RIGHTS.
(a) Proprietary Material. The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Community Labor Partnership, excluding any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.
(b) Marks. The service marks, logos and trademarks of Community Labor Partnership (the “Marks”), including without limitation those for Community Labor Partnership and the Platform, are owned by Community Labor Partnership. The Marks are not available for use by Laborers. You may not copy or use the Marks without obtaining Community Labor Partnership’s express prior written consent. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owner and may not be used without the prior written consent of such owner.
(c) License Grant. Subject to the terms, conditions and restrictions set forth in this Agreement, Community Labor Partnership grants to you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right, during the Term, to access and use the Platform and to access and view the Proprietary Material. Other than as expressly provided in the preceding sentence, no other rights are granted to you in the Platform or Proprietary Material.
(d) Feedback. By providing Community Labor Partnership any feedback, comments, questions, ideas, proposals or suggestions concerning the Platform or potential new features or functionality (“Feedback”), you acknowledge and agree that: (a) Community Labor Partnership is under no obligation of confidentiality, express or implied, with respect to the Feedback; (b) Community Labor Partnership may have something similar to the Feedback already under consideration or in development, and (c) Community Labor Partnership may use in any manner, including incorporation into future releases of the Platform, the Feedback, without any credit or compensation to you.
(e) Prohibited Uses. You acknowledge and agree that, as an express condition of Community Labor Partnership’s grant of the license in Section 9(c), neither you nor any third party acting at your direction or under your control shall: (i) license, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share or otherwise commercially exploit or make the Platform and/or Proprietary Material available to any third party; (ii) create derivative works of the Platform and/or Proprietary Material; (iii) reverse engineer, compile, decompile, translate, adapt or disassemble or otherwise attempt to create the Platform and/or Proprietary Material or other human readable source materials from the Platform and/or Proprietary Material, unless the same is prohibited by applicable law; (iv) remove any proprietary notices, labels, Marks, or images placed on the Platform without the prior written consent of Community Labor Partnership; (v) access the Platform and/or Proprietary Material in order to build a competitive product or service or to copy any ideas, features, functions or underlying software or other technology of the Platform and/or Proprietary Material; (vi) interfere with or disrupt the integrity or performance of the Platform or the data and information contained therein; (vii) attempt to gain unauthorized access to the Platform or related systems or networks; (viii) use the Platform to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ix) use the Platform to send or store infringing, obscene, threatening, libelous or otherwise unlawful or tortious material, including material that is harmful to children or violates third party privacy rights; (x) use the Platform to send or store viruses, worms, time bombs, trojan horses or other harmful or malicious code, files, scripts, bots or programs; (xi) access the Platform for purposes of monitoring its availability, performance or functionality or for any other benchmarking purposes; or (xii) access or use the Platform and/or Proprietary Material in any manner that violates or that is otherwise inconsistent with applicable international trade control laws or Community Labor Partnership’s privacy and security requirements.
10. TERM AND TERMINATION. You may terminate this Agreement between you and Community Labor Partnership at any time by ceasing all use of the Platform and deactivating your account. Community Labor Partnership may terminate this Agreement between you and Community Labor Partnership at any time, and cease providing access to the Platform, (i) immediately, if you breach any part of this Agreement, or if you violate applicable laws, or (ii) upon thirty (30) days prior written notice, for any reason or no reason. Community Labor Partnership reserves the right to take appropriate legal action pursuant to this Agreement.
11. DISCLAIMER OF WARRANTIES.
USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED.
WITHOUT LIMITING THE FOREGOING, COMMUNITY LABOR PARTNERSHIP AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AFFILIATES”, AND TOGETHER WITH COMMUNITY LABOR PARTNERSHIP, THE “COMMUNITY LABOR PARTNERSHIP PARTIES”):
(a) MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (i) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY JOB PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (iii) THE JOBS PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, AS TO ANY LABORER’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE);
(b) DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (i) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (ii) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND
(c) DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY LABORER, AND THE COMMUNITY LABOR PARTNERSHIP PARTIES WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
United States federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties, so the above exclusions and/or limitations may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations under this Agreement will not apply to the extent prohibited by applicable law.
12. LIMITATION OF LIABILITY. You acknowledge and agree that Community Labor Partnership is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in this Agreement.
THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMMUNITY LABOR PARTNERSHIP PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY (INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, LOSS OF GOOD WILL OR REPUTATIONAL HARM, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF FORESEEABLE OR THE COMMUNITY LABOR PARTNERSHIP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE COMMUNITY LABOR PARTNERSHIP PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.
Nothing in this Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE COMMUNITY LABOR PARTNERSHIP PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED: (A) IF YOU ARE A CLIENT, THE TOTAL FEES PAID BY YOU TO COMMUNITY LABOR PARTNERSHIP IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; AND (B) IF YOU ARE A LABORER, THE TOTAL JOB PAYMENTS PAID TO YOU BY CLIENTS IN THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
13. INDEMNIFICATION. Users’ indemnification obligations are set out below in this Section. Community Labor Partnership reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Community Labor Partnership.
(a) Client Indemnification. If you are a Client, you shall indemnify, defend, and hold harmless the Community Labor Partnership Parties from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) the acts or omissions of any Client Agents; and (vi) the consequences of any Laborer’s performance or failure to perform a Job.
(b) Laborer Indemnification. If you are a Laborer, you shall indemnify, defend, and hold harmless the Community Labor Partnership Parties from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in Jobs, or your ability or inability to perform Jobs or to receive payment therefor; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) the acts or omissions of any Laborer Assistants; and (vi) the consequences of any Client’s performance or failure to perform their obligations under this Agreement.
14. CHANGES TO THIS AGREEMENT AND THE PLATFORM.
(a) Changes to this Agreement. Community Labor Partnership reserves the right, in its sole and absolute discretion, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of this Agreement. Notice of such amendments may be given by posting such updates or modifications (or notice thereof) on the Platform, by e-mail or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by this Agreement, as amended.
Notwithstanding the foregoing, if such modifications and/or updates are material, you will be informed in advance (in the manner set out in this Section) for your acceptance or rejection. If any changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, the previous Terms will apply to your current Jobs, but you will not be able to use the Platform or contract new Jobs and you must deactivate your account, and immediately stop using the Platform. After notifying you of any material changes, your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
To the extent permitted by law, Community Labor Partnership shall not be liable to you for any modification to all or any portion of this Agreement.
(b) Changes to the Platform. Community Labor Partnership reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), without any liability to Community Labor Partnership. To the extent permitted by law, Community Labor Partnership shall not be liable to you for any updates, upgrades, modifications to or discontinuance of all or any portion of the Platform.
15. DISPUTE RESOLUTION. To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Platform, your relationship with Community Labor Partnership, Jobs, or this Agreement (including previous versions), (“Dispute”), you can try to find an amicable solution with Community Labor Partnership before initiating any out of court settlement (such as mediation or arbitration) or court proceeding. Such informal negotiations will commence upon written notice. Community Labor Partnership’s address for providing such notice is rob@communitylaborpartnership.com.
16. ARBITRATION AGREEMENT.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND COMMUNITY LABOR PARTNERSHIP CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”). THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND COMMUNITY LABOR PARTNERSHIP TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS ARBITRATION AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
(a) Agreement to Binding Arbitration. IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND COMMUNITY LABOR PARTNERSHIP MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This Arbitration Agreement shall survive the termination of this Agreement and your relationship with Community Labor Partnership. To the fullest extent permitted by applicable law, you and Community Labor Partnership agree to arbitrate any and all disputes and claims (“Claim(s)”) relating to, arising from or regarding your use of the Platform, your relationship with Community Labor Partnership, Jobs, or this Agreement (including previous versions), including Claims by Community Labor Partnership, Claims against Community Labor Partnership and Claims against Community Labor Partnership’s Affiliates (including its parent company).
To the fullest extent permitted by applicable law, this includes Claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Community Labor Partnership, or the threatened or actual suspension or deactivation of your account; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, Uniform Trade Secrets Act, Defend Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Community Labor Partnership and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND COMMUNITY LABOR PARTNERSHIP ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
(b) Prohibition of Class Actions and Non-Individualized Relief. Except as otherwise required under applicable law, you and Community Labor Partnership agree that any arbitration will be limited to the Claim between Community Labor Partnership (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMMUNITY LABOR PARTNERSHIP ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Community Labor Partnership otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Rules and Logistics Governing Arbitration. In order to initiate arbitration, a Claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Community Labor Partnership agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law and will honor all claims of privilege recognized by law. Claims will be governed by their applicable statute of limitations and failure to demand arbitration within the prescribed time period shall bar the Claims as provided by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
(d) Severability. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17. NO THIRD-PARTY BENEFICIARIES. Except as expressly set out herein and/or is otherwise required by applicable laws, this Agreement is for the sole benefit of Community Labor Partnership and Users, and their permitted successors and assigns. There are no other third-party beneficiaries under this Agreement. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement; provided, however, that Community Labor Partnership may enforce any such provisions on behalf of its Affiliates.
18. RELATIONSHIP OF THE PARTIES. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship exists, is intended or created between you and Community Labor Partnership by this Agreement or your use of the Platform. Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, Community Labor Partnership.
19. WAIVER. Community Labor Partnership’s waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
20. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
21. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Delaware, without regard to principles of conflicts of law.
22. ENTIRE AGREEMENT. This Agreement constitutes the entire contract between the parties. All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed to be merged herein and superseded hereby. No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto. The word “including” (in its various forms) means “including without limitation”. References in this Letter to the words: (i) “ensure” and its derivatives mean to use commercially reasonable efforts to pursue the stated aim and under no circumstances imply or constitute any guaranty of results or outcomes or any express or implied legal covenant, warranty or representation; (ii) ”best efforts,” “commercially reasonable efforts,” or “reasonable efforts” mean acting with diligence and good faith in the performance of the obligation; and (iii) “immediately” and terms of similar urgency mean promptly and without undue delay.
