LootPost Scout Terms of Agreement

 

Last Revised: August 10, 2016

This LootPost Scout Terms of Agreement (this “Agreement”) is a contract between you (“LootPost Scout”, “you) and LootPost, LLC (“LootPost”, “we”, “our” or “us”). You must read, agree to, and accept all of the terms contained in this Agreement in order to use our website located at www.lootpost.com, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors in interest, or our Affiliates (collectively, the “LootPost Website”), all services (except Client Services), applications and products that are accessible through the LootPost Website and all LootPost mobile applications that link or reference to this Agreement (“LootPost Services”) whether provided by us or our Affiliates.

This Agreement includes and hereby incorporates by reference the following: Terms of Service and Prohibited Site Use Policy as such agreements may be in effect and modified by LootPost from time to time (collectively, with this Agreement, the “LootPost Legal Terms”). These LootPost Legal Terms are available at [insert link to page(s) here].

Subject to the conditions set forth herein, LootPost may, in its sole discretion, amend this Agreement and the other LootPost Legal Terms at any time by posting a revised version on the LootPost Website and will provide reasonable advance notice of any amendments that includes Substantial Change. If the Substantial Change includes increase in Fees charged by LootPost, LootPost will provide at least thirty (30) days advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change. Any revisions to the LootPost Legal Terms will take effect on the noted effective date, last revised date or when posted if there is no noted effective date (each, as applicable, the “Effective Date”).

Your continued use of the LootPost Website or the LootPost Services after the Effective Date of a revised version of this Agreement or of any other LootPost Legal Terms constitutes your acceptance of and agreement to be bound by the LootPost Legal Terms as revised. In the event of a conflict between this Agreement and the other LootPost Legal Terms, this Agreement will control unless the other LootPost Legal Terms explicitly states that it controls.

YOU UNDERSTAND THAT BY USING THE LOOTPOST WEBSITE OR LOOTPOST SERVICES AFTER THE EFFECTIVE DATE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE LOOTPOST LEGAL TERMS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE LOOTPOST WEBSITE OR THE LOOTPOST SERVICES AFTER THE EFFECTIVE DATE. IF YOU AGREE TO THE LOOTPOST LEGAL TERMS ON YOUR BEHALF.

 

1. Digital Signature.

By registering for a LootPost account on the LootPost Website (an “Account”), or by clicking to accept the LootPost Legal Terms when prompte on the LootPost Website, you are deemed to have executed this Agreement and the other LootPost Legal Terms electronically, effective on the date you register your Account or click the Accept the LootPost Legal Terms, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act 9 (the E-Sign Act) (15 U.S.C. §  7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and the other LootPost Legal Terms, and any amendments.

 

2. Consent to Use Electronic Records.

In connection with the LootPost Legal Terms, you may be entitled to receive certain records from LootPost or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the LootPost Website and the LootPost Services, you give us permission to provide these records to you electronically instead of in paper form.

 

2.1 Your consent and your right to withdraw consent.

By registering for an Account, you consent to electronically receive and access, via e-mail or the LootPost Website, all records and notices for the services provided to you and vice-versa under the LootPost Legal Terms that we or our Affiliates would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via U.S. Postal Service or any third-party mail services using the address under which your Account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive such records and notices electronically, we will revoke your access to the LootPost Website and the LootPost Services, and you will no longer be permitted to use the LootPost Website or the LootPost Services. Any withdrawal of your consent to receive records and notices electronically will be in effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.

 

2.2 Keeping your address and e-mail address current with us.

In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your e-mail address by updating your Account information on the LootPost Website or by contacting our Customer Support. In addition, so that we may communicate with you via the U.S. Postal Service and other third-party mail services, you agree to notify us immediately of any change in your address.

 

2.3 Hardware and software you will need to use the LootPost Services for your work.

To access and retain the records and notices we provide to you electronically, you will need: (a) a valid e-mail address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of software, browsers, plug-ins, or other computer applications and programs identified on the LootPost Website (LootPost Scouts utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being currently supported by its publisher. LootPost may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all records and notices we send to you electronically.

By accepting and agreeing to this Agreement and the other LootPost Legal Terms electronically, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.

 

3. LootPost Scout Accounts.

3.1 LootPost Scout Account eligibility.

To use the LootPost Website and specific LootPost Services exclusive to LootPost Scouts (“LootPost Scout Services”), you must register for an Account. LootPost offers the LootPost Website and the LootPost Scout Services, you must have, and hereby represent that you are an individual and do not represent any type of form of business (whether it be as a self-employed individual/sole proprietor or as a corporation or other entity) and that you intend to use the LootPost Website and the LootPost Scout Services solely and purely as an Independent Contractor only.

To register as a LootPost Scout, you must be, and hereby represent that you are an individual 18 years or older who can form legally binding contracts. By registering for a LootPost Scout Account, by using the LootPost Website and/or the LootPost Scout Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the LootPost Legal Terms when prompted on the LootPost Website, you agree to (a) abide by this Agreement and the other LootPost Legal Terms; (b) be financially responsible for your use of the LootPost Website and the LootPost Scout Services; (c) perform your obligations as specified under this Agreement and other LootPost Legal Terms.

You also represent that you are not: (w) a citizen or resident of a geographic area in which access to or use of the LootPost Website or LootPost Scout Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (x) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; (y) an individual employed, authorized representative, or owner of any type of agency or business; or (z) an individual employed by or associated with an entity on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the LootPost Website and the LootPost Scout Services.

 

3.2 LootPost Scout Account registration and profile.

By registering for a LootPost Scout Account, you must complete the User profile (“LootPost Scout Profile”), which you consent to be shown to other Users and, unless you change your privacy settings, the public. You agree to provide true, accurate, and complete information on your LootPost Scout Profile and all registration and other forms you access on the LootPost Website or provide to us and to update your correct information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your contact numbers, your skills, and your expertise or the services you provide becomes false and misleading. You agree not to register for more than one LootPost Scout Account without expressed permission from us in writing. You agree not to ask or allow another person to create a LootPost Scout Account on your behalf for your use and your benefit.

 

3.3 Identity verification.

When you register for a LootPost Scout Account and from time to time thereafter, your LootPost Scout Account will be subject to verification including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent yourself on LootPost, if it is a separate legal entity. You authorize LootPost, directly or through third-parties, to make any inquiries necessary to validate your identity and confirm your ownership of your e-mail address or financial accounts, subject to applicable law. When requested, you must provide us with information about you.

 

3.4 Usernames and passwords.

When you register for a LootPost Scout Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your LootPost Scout Account’s username and password. You authorize LootPost to assume that any person or entity using the LootPost Website with your username and password is only you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your LootPost Scout Account and/or if any unauthorized access to your password. You further agree not to use any username and/or password of another LootPost Scout or LootPost Website User.

 

3.5 Marketplace feedback.

You acknowledge and agree that feedback benefits the marketplace, all Users, and the efficiency of the LootPost Website and you specifically request that LootPost post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the LootPost Website. You acknoweldge and agree that feedback results for you, if any, will consist of comments, ratings, indicators of User satisfaction and other feedback left by other Users. You further acknowledge and agree that LootPost will make feedback results available to other marketplace Users, including composite and compiled feedback.

LootPost provides this feedback system as a means through which Users can share their opinions publicly and LootPost does not monitor or censor these opinions. You acknowlege and agree that posted composite and/or compiled feedback relate only to the job order posted by the User completed by you and not to any individual person directly or subjectively.

LootPost does not investigate any remarks posted by Users for accuracy and/or reliability but may do so upon your request expressed in writing. LootPost is not legally responsible for any feedback or comments posted or made available on the LootPost Website by any Users or any third parties, even if that information is defamatory or otherwise legally actionable. To protect the integrity of the feedback system, LootPost reserves the right (but is under no obligation) to remove posted feedback or information that, in LootPost’s sole judgment, violates the LootPost Legal Terms or negatively affects our marketplace. You acknowledge and agree that you will notify LootPost of any error or inaccurate statement(s) in your feedback results, and that if you do not, LootPost will deem such information to be accurate.

 

4. Job Order Relationship Between User and LootPost Scout.

4.1 Job order requests.

You ackowledge and agree that a Job order request is comprised of the following agreements: (a) the complete details of the question to be answered; (b) the Fixed-Price amount the User will pay upon completion of the job order request; (c) the completion date the User expects the LootPost Scout to agree and comply with; (d) the e-mail address to which the completed research would be sent by the LootPost Scout. You acknowledge and agree that LootPost is not a party to any Job order requests and that your undertaking of a Job order request posted by a User on the LootPost Website is solely and purely your own discretion.

 

4.2 Payment, service fees, and payment processing fees.

LootPost Scouts are paid by the User upon the receipt and acceptance of the work completed. All payments are coursed and processed through PayPal. You acknowledge, accept and agree to any and all service and processing fees would be deducted by PayPal from the total payment that is paid to you by the User.

 

5. Formal invoices and taxes.

Since all disbursements are coursed through PayPal, LootPost will have no responsbility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the LootPost Scout fees. The LootPost Scout will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Job order requests completed. The LootPost Scout will also be solely responsible for determining whether the LootPost Scout is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the LootPost Scout fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself as appropriate.

 

6. Dispute Resolution.

With respects to any and all disputes arising between Users and LootPost Scouts, you agree to course any and all disputes through the PayPal’s Resolution Center.

 

7. Relationship with LootPost.

LootPost is not a party to the dealings between Users and LootPost Scouts, including posts and performance of LootPost Scout responsibilities. LootPost does not introduce LootPost to Users or help LootPost to find clients. LootPost merely makes the LootPost Website and LootPost Services available to enable LootPost Scouts to identify and determine the suitability of the Job order requests posted on the LootPost Website for and by themselves. LootPost does not, in any way, supervise, direct or control the LootPost Scout and/or the LootPost Scout’s work. LootPost does not set the LootPost Scout’s work hours, work schedules, location of work, or the amount that the LootPost Scout would be paid for each job order completed.

LootPost does not deduct any amount for withholding, unemployment, Social Security, or other taxes for the LootPost Scout. You are solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to your performance.

 

8. Enforcement of Agreement.

LootPost has the right, but not the obligation, to suspend or revoke your access to the LootPost Website and LootPost Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the LootPost Legal Terms or violated our rights or those of another party.  Without limiting LootPost’s other rights or remedies, we may suspend or close your LootPost Scout Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the LootPost Website or the LootPost Services to you if (a) you breach any terms and conditions of this Agreement or other LootPost Legal Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Users, or LootPost.

 

9. Consequence of Agreement Termination.

Except as otherwise required by applicable law, we will notify you if we close your LootPost Scout Account, unless we believe, in our sole judgment, that giving notice may cause damage.  You acknowledge and agree that the value, reputation, and goodwill of the LootPost Website depend on transparency of LootPost Scout’s Account status to all Users, including both yourself and other Users with whom you have pending Job orders to complete.  You therefore agree as follows: IF LOOTPOST DECIDES TO SUSPEND OR CLOSE YOUR LOOTPOST SCOUT ACCOUNT, LOOTPOST HAS THE RIGHT BUT NOT THE OBLIGATION TO:  (A) NOTIFY OTHER USERS THAT HAVE PENDING JOB ORDERS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED LOOTPOST SCOUT ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR LOOTPOST SCOUT ACCOUNT SUSPENSION OR CLOSURE.