Myrobin Term of Use
Last Modified March 19, 2021
SECTION 13 OF THESE TERMS, THE MUTUAL ARBITRATION AND DISPUTE RESOLUTION PROVISION (“MUTUAL ARBITRATION PROVISION”) REQUIRES, WITH LIMITED EXCEPTION, THAT ALL DISPUTES BETWEEN YOU AND Myrobin AND ANY RELIEF SOUGHT (INCLUDING, WITHOUT LIMITATION, MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) BE SUBMITTED ON AN INDIVIDUAL BASIS TO BINDING AND FINAL ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION, OR IN ANY PROCEEDING BEFORE A JURY OR IN A COURT OF LAW.
In these Terms, “we,” “us,” “our” and “Myrobin” all refer to Myrobin. These words also include any independent contractors or vendors who sometimes do work for us or on our behalf. All references to “You” or “Your,” as applicable, mean the person who accesses, uses, and/or participates in the Services, in any manner, and each of Your heirs, assigns, and successors. If You use the Services on behalf of an entity, organization, or company, You represent and warrant that You have the authority to bind that entity to these Terms. “You” or “Your” also refer to either a “Professional” (a service provider who uses the Services in order to receive access to Partner Service Requests) or a “Partner” (a company or business using our Services to to request service providers to fill one-time and/or recurring local work opportunities) or both, depending on context. In addition to these Terms, Professionals must agree to Myrobin’s Contractor Services Agreement, and Partners must accept Myrobin’s Online Services Agreement. Notwithstanding the foregoing, these Terms govern Your use of and access to the Services, whether You are a Professional, Partner, Reference (as defined below), and/or otherwise. Further, in order to use many aspects of the Services, You must register for and maintain an active Services account (“Account”), and these Terms also govern Your Account and Your use of and access to Your Account.
We may amend these Terms from time to time. Any amendments will be effective upon Myrobin’s posting of such updated Terms on our websites or through our Services (including our mobile applications). Your continued access or use of the Services after such posting confirms Your consent to be bound by the Terms, as amended.
We’ve divided these Terms into sections so that You can more easily see which terms apply to everyone who uses our Services and which terms apply specifically to Professionals or Partners.
1. About Myrobin
Myrobin created, develops, and maintains an online software and mobile application platform on which Partners connect with Professionals to fill one-time and/or recurring work opportunities. Our Services enable Professionals and other potential users of our Services to communicate their contact information, work experience, and reference information directly to Partners seeking to fill open work opportunities, in a format that these Partners understand. Our Services also enable eligible Professionals to find temporary work as contractors (or in some cases, where specified, employees) and we facilitate that matching process. For contractors, we also facilitate payment to Professionals for that work. Our Services also enable Partners to communicate “Partner Requests” (a request for Professional(s) to fill worker opportunities posted by a Partner through the Services) and the criteria they are using to match with a Professional; this matching turns an “Open Partner Request” (a Partner Request that has not been accepted by a Professional) into a “Partner Engagement” (a Partner Request that a Professional has accepted and for which the Professional has agreed to perform services for the Partner). Our Services also enable Professionals and users to directly connect the people who will be their professional references to Partners. As a Professional, You choose Your references (we call them “References”), and You can see what they say about You (and ask us to remove comments with which You do not agree). Once You’ve completed a Partner Engagement with a Partner, that Partner can leave feedback that’s visible to You and other Partners that use Myrobin. If You do not agree with the feedback, You can let us know and we will review and potentially remove it. Our Services strive to make the information given to us by Professionals (and their References), Partners, and users available in the most relevant and efficient way, so that Professionals and users can find the work opportunities they want and Partners can find the workers they need.
2. Your Relationship with Myrobin
Professionals and Partners are independent contractors and are not employees of Myrobin (except as otherwise expressly agreed in writing by the Parties). Nothing in these Terms or as a result of Your use of the Services shall be construed as creating a joint venture, partnership, employment, or agency agreement between Myrobin and You.
To access some features of the Service, You must register for an Account. When You register for an Account, You may be required to provide us with some information about Yourself (such as Your name, work history, e-mail address, phone number, profile image, or other contact information). You agree that the information You provide to us is accurate, current, and complete, and that You will keep it up-to-date at all times. When You register, You will be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password, and any password for Facebook, Google, or other third-party login. You accept responsibility for all activities that occur under Your Account. If You have reason to believe that Your Account is no longer secure, You must immediately notify us via our “Help” center. Myrobin will not be liable and You may be liable for losses, damages, liability, expenses, and lawyers’ fees incurred by Myrobin or a third party arising from someone else using Your Account due to Your conduct regardless of whether You have notified us of such unauthorized use. You understand and agree that we may require You to provide information that may be used to confirm Your identity and help ensure the security of Your Account.
3. General Terms
You acknowledge that Myrobin does not and cannot control the behavior of the users of our Services, including Professionals and Partners. We do our best to make sure that all users of our Services comply with these Terms, but we aren’t responsible if they do not.
You acknowledge that the engagement of a Professional to perform work (in the case of a Partner) or the performance of work for a Partner (in the case of a Professional) creates a direct business relationship between Partner and Professional. Once services have been rendered by a Professional, Myrobin facilitates payment of applicable fees by the Partner to the Professional, but Myrobin is neither the beneficiary of the work, nor does it undertake any responsibility for the nature or amount of payment for the work. Rather, all such engagements are between the Partners and the Professionals and as such, both Partners and Professionals retain the right to negotiate such fees at the time services are provided, and Myrobin will coordinate with a Professional to modify fees accordingly.
Use of our Services in the following ways is prohibited (this is not intended to be a complete or exhaustive list, but it will give You an idea of the sorts of things that are not allowed):
Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
- Copying our Services or using our Services to enable any service that is competitive with us;
- Posting links to any third-party websites through our Services;
- Scraping, scanning or otherwise using our Service or any information or the meta-data associated therewith to collect or compile data about other users (including Professionals or Partners);
- Reselling any information obtained from us or while using our Service;
- Attempting to compromise the integrity or security of the Services in any way;
- Decompiling, reverse engineering or disassembling the Services in any way;
- Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Services in any way except as expressly permitted by Myrobin;
- Accessing the Services using any automated processes (such as robots, spiders, etc.) for any reason; or
- Harassing, defaming or discriminating against anyone or any entity for any reason and/or engaging in conduct that violates Myrobin’s Community Guidelines.
Further, You agree that You will not use the Services in any way that would violate any laws, infringe on any rights of others (including, without limitation, intellectual property rights and laws pertaining to non-discrimination, equal opportunity, and the Fair Credit Reporting Act), or otherwise create liability for Myrobin.
For Professionals, Your use of the Services is strictly limited and granted solely to provide You the ability to seek to fill Open Partner Requests listed on or through the Services by Partners connected to You by or through the Services. All other use is prohibited. Further, Your use of the Services is controlled by Myrobin’s Contractor Services Agreement, the terms of which shall control with respect to any conflict with these Terms.
For Partners, Your use of the Services is strictly limited and granted solely to provide You the ability to try to fill open work opportunities listed on or through the Services with workers connected to You by or through the Services. All other use is prohibited. Further, Your use of the Services is controlled by Myrobin’s Online Services Agreement, the terms of which shall control with respect to any conflict with these Terms
4. User Content
Myrobin’s Services include a communications platform, and we do not edit the communications that flow through the Services. Myrobin provides a platform that acts as a passive conduit for receipt of information that You provide or solicit. As a result, we aren’t responsible for their accuracy or completeness of such communications or information. We sometimes reformat how communications are displayed through the Services, and if we make a mistake in such reformatting, we are responsible for that.
Content You Provide
The Services also allow You to communicate with other users. We cannot guarantee the accuracy, quality or integrity of information exchanged by users (including information exchanged or provided by Professionals, Partners or References) on or through the Services. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of Your use of our Services, including from or based on Your communications with other users (including Professionals, Partners and References). Under no circumstances will Myrobin be liable for denial of access to any content in our Services. Myrobin is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our Services (including between Professionals, Partners and References).
You must use Your real name and all the information You give us must be truthful and honest at all times. As stated above, we do not verify the accuracy or completeness of any information submitted to or through our Services, and thus we cannot guarantee the identity of the other users You may communicate with. Any User Content or information transmitted through the Services is the sole responsibility of the user from which such User Content or information originated, and Myrobin is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe. If You see any information about You that is inaccurate, You must report it to Myrobin, and can do so by contacting us at support@Myrobin.com.
Any User Content provided by You remains Your property. However, by providing User Content to Myrobin, You grant Myrobin a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Myrobin’s business and on third-party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.
Use of Your Content
You acknowledge that any User Content provided by You remains Your property. Further, You acknowledge that Myrobin does not provide any compensation for User Content that You post on or through the Services. You agree that User Content that You post on or through the Services shall be deemed to be non-confidential and non-proprietary, and Myrobin shall have no obligation of any kind with respect to such information. When You post User Content, You grant Myrobin a worldwide, perpetual, irrevocable, transferable, royalty-free, non-exclusive license, with the right to sublicense, to use, copy, reproduce, edit, adapt, translate, modify, create derivative works of, distribute, publicly display, publicly perform, sell, lease, transmit, communicate to the public, disassemble, publish and otherwise exploit in any manner such User Content in connection with Myrobin, or its partners’ or affiliates’ business, in whole or in part, in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Myrobin’s business and on third-party sites and services), for any purpose whatsoever, including without limitation for promoting or redistributing part or all of the Services (and derivative works thereof) in any media formats and through media channels, without further notice to or consent from You, unless expressly agreed otherwise in writing, and without the requirement of payment to You or any other person or entity. Further, Myrobin shall be free to use any ideas, concepts, know-how or techniques contained in User Content for any purpose whatsoever in connection with our business or the business of our partners or affiliates, without notice to, approval by, or compensation to You, including but not limited to developing, manufacturing and marketing products incorporating such information. In the interest of clarity, the license granted to Myrobin shall survive termination of the Service or Your account.
User Content Review
You acknowledge and agree that Myrobin and its designees may or may not (but do not assume any obligation to), at Myrobin’s discretion, pre-screen User Content before its appearance on the Services. You further acknowledge and agree that Myrobin reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Services. Additionally, Myrobin has the right to remove any User Content that violates these Terms or is otherwise objectionable in Myrobin’s sole discretion. You acknowledge and agree that Myrobin does not verify, adopt, ratify, or sanction User Content, and You agree that You must evaluate and bear all risks associated with Your use of User Content or Your reliance on the accuracy, completeness, or usefulness of User Content
Users Outside the US
Although the Services are accessible over the Internet and therefore available worldwide, the Services are intended for residents of and business in the United States. If You choose to access the Services from locations outside the United States, such conduct is at Your own risk and subject to the laws of the United States, which may differ from the laws and regulations in Your state or home country, and You are responsible for compliance with any local laws and regulations. Nothing in the Services should be interpreted as a promotion or solicitation for any service of any nature that is not authorized by the laws and regulations of the country where You are located.
During use of the Service, You may provide work for a Partner or engage a Professional through the Service. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between You and the applicable third-party. Myrobin and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between You and any third-party provider. In no event shall Myrobin or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require Your agreement to additional or different terms and conditions prior to Your engagement, and Myrobin disclaims any and all responsibility or liability arising from such agreements between You and a third party.
Disclaimer of Warranty
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY Myrobin TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Myrobin MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. Myrobin DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE SERVICE OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MyrobinS SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Myrobin IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Myrobin RELIES UPON PROFESSIONALS AND PARNTERS TO PROVIDE ACCURATE INFORMATION. Myrobin DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION ACCESSIBLE THROUGH THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALL CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE RELIANCE ON ANY INFORMATION PROVIDED THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
Myrobin DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A WORKER OR BUSINESS OR OTHER THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND Myrobin WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN WORKERS,E BUSINESS AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL Myrobin’S TOTAL AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF TWO HUNDRED DOLLARS ($200) OR THE ACTUAL AMOUNT OF MONEY RECEIVED BY US FROM YOU DURING THE SIX (6) MONTHS PRECEDING THE DATE OF YOUR CLAIM AGAINST US. IN NO EVENT SHALL Myrobin OR ANY OF OUR PARTNERS, AGENTS, AFFILIATES, OFFICES, DIRECTORS, REPRESENTATIVES, EMPLOYEES, THIRD PARTY PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE RESULTS OF YOUR USE OF THE SERVICES, EVEN IF WE AND/OR OUR LICENSORS WERE PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.
THE SERVICE CONNECTS PROFESSIONALS WITH PARTNERS FOR THE PURPOSES OF FACILITATING PARTNER ENGAGEMENTS. Myrobin WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY PROFESSIONAL OR PARTNER, AND YOU EXPRESSLY WAIVE AND RELEASE Myrobin FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE PROFESSIONALS OR PARTNERS. Myrobin WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS OR WORK PRODUCT PROVIDED BY PROFESSIONALS OR PARTNERS ON THE SERVICE, AND YOU EXPRESSLY WAIVE AND RELEASE Myrobin FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PROFESSIONALS OR PARTNERS. Myrobin WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN PROFESSIONALS AND ANY PARTNER. RESPONSIBILITY FOR THE DECISIONS PROFESSIONALS AND PARTNERS MAKE REGARDING SERVICES OFFERED AND ENGAGED VIA THE SERVICES (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH THE PROFESSIONAL AND PARTNER. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE Myrobin FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
THE QUALITY OF THE PROFESSIONAL OR PARTNER PROVIDING SERVICES THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL OR PARTNER WHO ULTIMATELY PROVIDES OR ENGAGES THE SERVICES. YOU UNDERSTAND THAT BY USING THE SERVICE, YOUR ITEMS MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS OR HARMFUL, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
You are responsible for Your use of the Service, and You agree to defend (at Myrobin’ option), indemnify, and hold harmless Myrobin and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
- Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (
- Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
- Any dispute or issue between You and any third party, including any worker, business, or other third-party.
Myrobin reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You (without limiting Your indemnification obligations) and You agree to cooperate with our defense of that claim. If the defense or settlement is assumed by You, Myrobin may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that You are defending on behalf of Myrobin without Myrobin’ prior written consent.
This provision does not require You to indemnify Myrobin for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Software or Services.
You agree that the provisions in this section will survive any termination of Your account, this Agreement, or Your access to the Services.
CONSENT TO RECEIVE COMMUNICATIONS: By using the Service, You agree and consent to be contacted by, and to receive and accept communications from Myrobin and authorized partners, representatives, and/or affiliates via different communication methods, including but not limited to email(s), SMS/text message(s), push notification(s), and/or phone call(s) to contact information, including telephone number(s), You provide to Myrobin. By consenting to being contacted, You understand and agree that You may receive communications—including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems—sent by or on behalf of Myrobin on various subjects, including but not limited to: (1) operational or transactional communications, such as those concerning Your Account, sign up progress to become a Professional or a Partner, use of the Platform and/or the Application; (2) communications relating to the Services, including incentive offers; (3) promotions, advertising, and/or marketing; (4) news concerning Myrobin and industry developments that affect Your relationship with Myrobin; and (5) Account verification communications. Message and data rates may apply. By consenting to be contacted, You represent that the telephone number(s) that You have provided to Myrobin are Your contact numbers, that You are permitted to receive calls at such telephone number(s), and that You will promptly alert Myrobin whenever You stop using or change a particular telephone number.
MARKETING COMMUNICATIONS & OPT-OUT: By using the Service, You agree and consent that Myrobin, its partners, affiliates, or representatives may contact You (including for marketing and promotional purposes from Myrobin or our third-party partners where permitted by law) by email, phone, push notifications, SMS/text message(s), or by other comparable means (including artificial or pre-recorded messages and/or automated systems, such as automatic telephone dialing systems) at the email address(es), phone(s), or phone number(s) You provide to Myrobin. YOU CAN UNSUBSCRIBE FROM Myrobin’S MARKETING EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE MARKETING EMAIL ITSELF OR EMAIL SUPPORT@Myrobin.COM. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING EMAILS, Myrobin MAY STILL SEND YOU EMAILS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN THE PARTIES. FURTHER, IF YOU WISH TO OPT OUT OF MARKETING TEXT OR SMS MESSAGES, IN RESPONSE TO SUCH A MESSAGE YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGE. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE MARKETING TEXTS OR CALLS AS A CONDITION OF USING Myrobin.
The Services also permit Professionals to identify References and provide telephone numbers and other contact information for References. You agree that, if You provide us with such information, You have (i) obtained the Reference’s permission to share his, her, or its contact information with us and any Partner from which You are seeking a temporary job (including a gig) or permanent job; and (ii) the Reference’s consent for us, our partners and affiliates, and any Partner from which You are seeking a temporary job (including a gig) or permanent job to communicate with the Reference by any means, including phone call or text message, about a reference for You at the phone number or other contact source You provide for the Reference.
Intellectual Property Rights
Myrobin retains all rights and ownership in and to the Services (including all intellectual property rights therein), except as otherwise expressly provided herein. These rights include, without limitation, database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. We always appreciate suggestions for enhancements and new features and functionality in our Services (“Feedback”), but if You communicate those Feedback to us in any way, You hereby give ownership of and assign those Ideas to us completely and we can do what we like with them without owing You anything.
Myrobin and other Myrobin logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks, or trade dress of Myrobin in the United States and/or other countries (collectively, the “Myrobin Marks”). If You use the Service as a Partner or Professional, Myrobin grants to You, during the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Myrobin Marks solely with Your use of the Service (“License”). The License is non-transferable and non-assignable, and You shall not grant any third party any right, permission, license, or sublicense with respect to any of the rights granted hereunder without Myrobin’s prior written permission, which it may withhold at its sole discretion. The Myrobin Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Myrobin is the owner and licensor of the Myrobin Marks, including all goodwill associated therewith, and Your use of the Myrobin Marks, if any, will confer no additional interest in or ownership of the Myrobin Marks in You, but rather inures to the benefit of Myrobin.
Violation of any provision of this License may result in immediate termination of the License, in Myrobin’s sole discretion.
Notice of Any Claimed Copyright Infringement (Digital Millennium Copyright Act Information)
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Myrobin, in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If You believe that Your work has been copied in a way that constitutes copyright infringement and is displayed on the Service, please contact us at copyright@Myrobin.com or Myrobin, Attn: Copyright Agent, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of Your copyrighted work or other intellectual property that You claim has been infringed;
A description of where the material You claim is infringing is located on the Services (providing us with website URL is the quickest way to help us locate content quickly);
Your address, telephone number, and email address;
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please note that the above contact information is for intellectual property infringement notices only. DO NOT CONTACT OUR COPYRIGHT AGENT FOR OTHER INQUIRIES OR QUESTIONS. For other inquiries or questions, please contact us via our Help Center. Please also note that, pursuant to Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Mutual Arbitration and Dispute Resolution
Arbitration of Disputes. The Parties mutually agree to resolve any and all disputes between them or between You and Myrobin or any of Myrobin’s parents, subsidiaries, affiliates, successors, assigns, officers, directors, employees, and/or agents exclusively through final, binding, and individual arbitration instead of filing a lawsuit in court (except as otherwise provided below). However, this Mutual Arbitration Provision does not cover disputes that, as a matter of law, may not be subject to arbitration agreements.
Arbitration Governed by the FAA. Myrobin and You expressly agree that this Mutual Arbitration and Dispute Resolution provision is a licensing agreement governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”), evidences a transaction involving commerce, and is not a contract of employment involving any class of workers engaged in foreign or interstate commerce within the meaning of Section 1 of the FAA. Myrobin and You expressly agree that the FAA shall exclusively govern the interpretation and enforcement of this Mutual Arbitration Provision, and that the FAA shall apply to any and all disputes between the Parties, including but not limited to those arising out of or relating to this Agreement, Your classification status as a worker or service provider (e.g., an alleged employment relationship), Your provision of Services under this Agreement, the remuneration paid or received by You under this Agreement, the termination of this Agreement, the suspension or deactivation of Your Myrobin Account, and all other aspects of Your relationship with Myrobin, past or present, whether arising under federal, state, or local law, including without limitation harassment, discrimination, and/or retaliation claims and claims arising under or related to the Civil Rights Act of 1964 (or its state or local equivalents), Americans with Disabilities Act (or its state or local equivalents), Age Discrimination in Employment Act (or its state or local equivalents), Family Medical Leave Act (or its state or local equivalents), Fair Labor Standards Act (or its state or local equivalents), state and local wage and hour laws, state and local statutes, ordinances, or regulations addressing the same or similar subject matters, and all other federal, state, and/or local claims arising out of or relating to Your relationship or termination of that relationship with Myrobin. The Parties expressly agree that this Agreement shall be governed by the FAA even in the event You and/or Myrobin are otherwise exempted from the FAA. Any disputes in this regard shall be resolved exclusively by an arbitrator. In the event, but only in the event, the arbitrator determines the FAA does not apply, the state law governing arbitration agreements in the state in which You perform Services shall apply.
Delegation. Only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision, including without limitation any dispute concerning arbitrability. However, the preceding clause shall not apply to any dispute relating to or arising out of the Class Action Waiver and/or Representative PAGA Action Waiver—including, but not limited to, any claim that all or part of the Class Action Waiver and/or Representative PAGA Action Waiver is unenforceable, unconscionable, illegal, void, or voidable—which must proceed in a court of competent jurisdiction and cannot be heard or arbitrated by an arbitrator. The Parties agree that any and all due dates for arbitration fees shall be tolled while the Parties resolve a dispute relating to or arising out of the Class Action Waiver or Representative PAGA Action Waiver.
Informal Dispute Resolution. Before commencing individual arbitration, the Parties must engage in a good-faith effort to resolve any claim covered by this Mutual Arbitration Provision through an informal telephonic dispute resolution conference between You and Myrobin. The informal telephonic dispute resolution conference shall be individualized such that a separate conference must be held each time either Party intends to commence individual arbitration. The Party initiating the claim must give notice to the other Party in writing of its, his, or her intent to initiate an informal telephonic dispute resolution conference, which shall occur between thirty (30) and sixty (60) days of the other Party receiving such notice, unless an extension is mutually agreed upon by the Parties. In the interval between the Party receiving such notice and the informal telephonic dispute resolution conference (“Negotiation Period”), nothing in either this Mutual Arbitration Provision specifically or this Agreement generally shall prohibit the Parties from engaging in informal communications to resolve the initiating Party’s claims. Engaging in an informal telephonic dispute resolution conference is a condition precedent that must be fulfilled before commencing individual arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph.
Initiating Arbitration. Only after the Parties have engaged in a good-faith effort to resolve the dispute through an informal telephonic dispute resolution conference, and only if those efforts fail, either You or Myrobin may initiate arbitration by notifying the other Party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name, telephone number, mailing address, and email address of the Party seeking arbitration (if You are seeking arbitration, the email address provided must be the email address associated with Your Myrobin Account); (2) a statement of the legal claims being asserted and the factual bases of those claims; and (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); (4) the original personal signature of the Party seeking arbitration; and (5) the Party’s portion of any applicable filing fee. Any demand for arbitration by You must be delivered to Myrobin, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401.
CLASS ACTION WAIVER. Myrobin and You mutually agree that any and all disputes or claims between the Parties will be resolved in individual arbitration. The Parties further agree that by entering into this Agreement, they waive the right to have any dispute or claim brought, heard, administered, resolved, or arbitrated as a class, collective, representative, or mass action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective, representative, and/or mass action, or to award relief to anyone but the individual in arbitration (“Class Action Waiver”). Notwithstanding the foregoing, this subsection shall not apply to representative private attorneys general act claims brought against Myrobin, which are addressed separately below. This Class Action Waiver does not prevent You or Myrobin from participating in a classwide settlement that would resolve or release the relevant claims.
REPRESENTATIVE PAGA ACTION WAIVER. Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) You and Myrobin agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both You and Myrobin agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Action Waiver”). This Representative PAGA Action Waiver does not prevent You or Myrobin from participating in a classwide settlement that would resolve or release the relevant claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the JAMS Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual claims in arbitration.
Arbitration Proceedings. Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and Procedures (and in accordance with the Expedited Procedures in those Rules where agreed upon by both parties) (“JAMS Rules”), except as follows: (1) Unless applicable law provides otherwise, as determined by the arbitrator, Myrobin and You shall equally share filing fees and other similar and usual administrative costs, that are commonly shared in both court and administrative proceedings, such as court reporter costs and transcript fees. Myrobin shall pay any costs that are uniquely associated with arbitration, such as payment of the arbitrator and room rental; (2) If a Party timely serves an offer of judgment under Federal Rule of Civil Procedure 68, or any other state-law equivalent, and the judgment that the other Party finally obtains is not more favorable than the unaccepted offer, then the other Party shall pay the costs, including filing fees, incurred after the offer was made; (3) Both Parties agree not to oppose or interfere with any negotiations or agreements between the other Party and the arbitration administrator, or individual arbitrator, relating to a Party’s portion of the fees. The arbitrator, however, may disallow any private agreement between an administrator, on the one hand, and the negotiating party, on the other hand, if the arbitrator believes that the private agreement undermines his or her neutrality as arbitrator; (4) The arbitrator may issue orders (including subpoenas to third-parties) allowing the Parties to conduct discovery sufficient to allow each Party to prepare that Party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes; (5) Except as provided in the Class Action Waiver and Representative Action Waiver, the arbitrator may award all remedies to which a Party is entitled under applicable law and which would otherwise be available in a court of law, including but not limited to the imposition of sanctions under the Federal Rules of Civil Procedure, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The arbitrator shall apply the state or federal substantive law, or both, as is applicable; (6) The arbitrator may hear motions to dismiss and/or motions for summary judgment. An arbitrator may not permit the filing of a motion for summary judgment until after the Parties have conducted discovery to support their claims and defenses. Any motion to dismiss and/or motion for summary judgment shall otherwise be governed by the standards of the Federal Rules of Civil Procedure governing such motions; (7) The arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law; (8) Any finding that a claim or counterclaim was filed for purposes of harassment or is frivolous shall entitle the other Party to recover its, his, or her attorneys’ fees, costs, and expenses; (9) Either Myrobin or You may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section 11 may be rendered ineffectual; and (10) The arbitrator may consider, but under no circumstances is the arbitrator bound by, decisions reached in separate arbitrations. If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Mutual Arbitration Provision, either Party may seek to enjoin the arbitration proceeding in a court of competent jurisdiction, and the arbitration shall automatically be stayed pending the outcome of that proceeding.
Agency Investigations. Regardless of any other terms of this Agreement, nothing prevents You from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim, or charge otherwise covered by this Mutual Arbitration Provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section 11, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a Party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law or as required under this Agreement before bringing a claim in arbitration. Myrobin will not retaliate against You for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.
No Change To Professional Status. You agree and acknowledge that entering into this Mutual Arbitration Provision does not change Your status as an independent contractor in fact and/or in law.
Opt Out. Arbitration is not a mandatory condition of Your contractual relationship with Myrobin, and therefore You may opt out of this Mutual Arbitration Provision. In order to opt out, You must notify Myrobin of Your intention to opt out by submitting to Myrobin, via USPS Priority Mail or hand delivery to Myrobin, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401, a written notice identifying the email address and telephone number associated with Your Myrobin account and stating that You are opting out of this Mutual Arbitration Provision. This written notice must be signed by You, and not any attorney, agent, or other representative of Yours. In order to be effective, Your opt-out notice must be postmarked or received by Myrobin within thirty (30) days of Your creating an Account, or the effective date of these Terms, whichever is later. If You opt out as provided in this subparagraph, You will not be subject to any adverse action as a consequence of that decision and may pursue available legal remedies without regard to this Mutual Arbitration Provision. If You do not opt out within thirty (30) days of creating an Account, Your failure to do so shall constitute mutual acceptance of the terms of this Mutual Arbitration Provision by Myrobin and You.
If You opt out of this Mutual Arbitration Provision, and at the time of Your receipt of this Agreement You were bound by an existing agreement to arbitrate disputes arising out of or relating to Your use of the Services, then that existing arbitration agreement shall remain in full force and effect, and, unless provided by the prior agreement, either Party may apply to a court under 9 U.S.C. § 5 for an order appointing an arbitrator or arbitration provider to resolve in individual arbitration the Parties’ disputes arising out of or relating to such existing agreement to arbitrate.
You may only opt out on behalf of Yourself. A written notice submitted to Myrobin indicating Your intention to opt out may apply, at most, to You. You (and Your agent or representative) may not effectuate an opt out on behalf of other Professionals.
Your decision to opt out of this Mutual Arbitration Provision will relieve You only of Your obligation to arbitrate the disputes specified in this Mutual Arbitration Provision, and does not relieve You of any obligation to arbitrate disputes not specified in this Mutual Arbitration Provision that might arise under any Myrobin Terms of Service to which You may be bound. Similarly, Your decision to opt out of another arbitration provision contained in any other agreement shall not relieve You of Your obligation to arbitrate disputes pursuant to this Mutual Arbitration Provision.
Impact on Pending Litigation. This Mutual Arbitration Provision shall not affect Your standing with respect to any litigation between Myrobin and You that is already pending in a federal or state court or arbitration as of the date of Your receipt of this Mutual Arbitration Provision (“Pending Litigation”). This subsection shall not apply to any litigation between Myrobin and You that is filed in a federal or state court or arbitration at any point after Your receipt of this Mutual Arbitration Provision; such actions shall be subject to mutual arbitration. Thus:
If You are or previously were authorized to use the Platform, and at the time of Your receipt of this Mutual Arbitration Provision You were not bound by an existing arbitration agreement, You shall remain eligible to participate in any Pending Litigation to which You were a party or participant regardless of whether You opt out of this Mutual Arbitration Provision.
If, at the time of Your receipt of this Mutual Arbitration Provision, You were bound by an existing arbitration agreement with Myrobin, that arbitration agreement shall continue to apply to any Pending Litigation, even if You opt out of this Mutual Arbitration Provision.
If, at the time of Your receipt of this Mutual Arbitration Provision, You were not previously a Professional authorized to use the Platform, then this Mutual Arbitration shall apply to all covered disputes and any Pending Litigation unless You timely opt out of this Mutual Arbitration Provision.
Right To Consult With An Attorney: You have the right to consult with private counsel of Your choice, at Your own expense, with respect to any aspect of, or any claim that may be subject to this Mutual Arbitration Provision.
Severability. In the event any section, subsection, or portion of this Mutual Arbitration Provision is deemed unenforceable, it shall be severed from the Agreement such that the remainder of this Mutual Arbitration Provision shall be enforceable to the fullest extent permitted by law. In any case in which (1) the dispute is filed as a class, collective, mass, or representative action, and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, mass, or representative action to that extent must be severed and litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration.
Modification of Terms
Myrobin reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice, and such changes will be effective immediately upon posting, except as set forth herein. In the case of a material change to the Terms, including a material change to the Mutual Arbitration Provision, Myrobin will notify You of changes by posting on the Myrobin Website, sending You a message, and/or otherwise notifying You when You are logged into Your account. Such modifications will become effective thirty (30) days after the earliest of: (a) the modification being posted in the Services; or (b) Myrobin’s transmission of a message to and/or otherwise notifying You about the modifications (collectively, the “Notice Period”). Your continued use of the Service after the Notice Period shall constitute Your consent to the changes. If You do not agree, You cannot use the Services. You acknowledge and agree that if Myrobin modifies any provision of these Terms (including any information referenced at hyperlinks), other than the Mutual Arbitration Provision, You will not have a renewed opportunity to opt out of arbitration. You further acknowledge and agree that unless the Mutual Arbitration Provision is materially different from any prior arbitration provision with Myrobin to which You may be bound, Your acceptance of these Terms does not create a renewed opportunity to opt out of arbitration (if applicable).
You acknowledge and agree that when using the Service, You may have direct or indirect access or exposure to Myrobin’s confidential information as well as confidential information of other users, including Professionals and Partners (“Confidential Information”). Confidential Information includes Myrobin’s or its users’ (e.g. Professionals’ and Partners’) data, information, identities, qualifications, general characteristics, marketing and business plans, business, financial, technical, operational and such other nonpublic information (whether disclosed in writing or verbally) that Myrobin designates as being proprietary or confidential or that You should reasonably know to treat as confidential.
Without limiting any other or additional obligations of confidentiality, You acknowledge and agree that: (1) all Myrobin’s Confidential Information shall remain the exclusive property of the Myrobin; (2) You shall not use Confidential Information for any purpose except in furtherance of Your use of the Service; (3) You shall not disclose Confidential Information to any third party; and (d) You shall not store or keep Confidential Information and shall return or destroy (with confirmation of destruction) all Confidential Information upon the termination of Your use of the Service or at the request of Myrobin. Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (1) is or becomes part of the public domain through no action or omission by You; (2) was possessed by You prior to Your use of the Service without an obligation of confidentiality; or (3) is disclosed to You by a third party having no obligation of confidentiality with respect thereto.
Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles, with the exception of the mutual agreement to arbitrate disputes, which shall be governed by the Federal Arbitration Act. Subject to the arbitration terms and conditions set forth herein, You agree that THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT AND/OR THE SERVICES (INCLUDING YOUR USE OF AND ACCESS TO Myrobin’S MOBILE APPLICATIONS AND WEBSITES) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s intellectual property rights, or You have otherwise violated any of Your use and access restrictions above, in which case the parties acknowledge and agree that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. No joint venture, partnership, employment, or agency relationship exists between You, Myrobin or any third-party provider as a result of the Terms or use of the Service.
Waiver and Severability. Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Myrobin to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Myrobin in writing.
Entire Agreement. These Terms comprise the entire agreement between You and Myrobin and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Myrobin, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401, or by email at support@Myrobin.com.
Myrobin may give notice by any means of communication reasonably anticipated to notify You of the information provided. You agree that all notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form. By way of example only, such communication may be a general notice on the Service or via email to the email address listed on Your Myrobin account. It is Your obligation to update Your account information so that we may contact You as may be necessary. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent via first class mail or pre-paid post) or upon dispatching (if sent via electronic communication). You may give notice to Myrobin, addressed to the attention of Legal, and such notice shall be deemed given when received by Myrobin by letter delivered by a nationally recognized overnight delivery service or first class postage prepaid mail to Myrobin, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401.
Voluntary Nature of Agreement
You acknowledge and agree that You are executing this Agreement voluntarily and without any duress or undue influence by Myrobin or anyone else. You further acknowledge and agree that You have carefully read this Agreement and that You have asked any questions needed for You to understand the terms, consequences, and binding effect of this Agreement and fully understand it, including that You are waiving Your right to a jury trial. Finally, You agree that You have been provided an opportunity to seek the advice of any attorney of Your choice before signing this Agreement.
You may not assign or transfer these Terms or Your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without Your notice or consent. Any purported assignment by You in violation of this section shall be void.
Term and Termination
These Terms are effective until terminated by You or Myrobin as described below. Your rights under these Terms will terminate automatically without notice from Myrobin if You fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Myrobin may in its sole discretion terminate Your user account on the Service or suspend or terminate Your access to the Service at any time without notice. We also reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service) without notice to You. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of Your access to or use of the Service. You may terminate these Terms at any time by closing Your account, uninstalling the App, and ceasing use of the Service. The sections intended to survive termination, including Sections 4-20, and 21survive termination of Your account or these Terms.
Additional Terms for Users of our Mobile Applications
Myrobin offers software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If You obtain such Software through a Distribution Channel, You may be subject to additional terms of the Distribution Channel. These Terms are between You and us only, and not with the Distribution Channel. To the extent that You utilize any other third party products and services in connection with Your use of our Services, You agree to comply with all applicable terms of any agreement for such third party products and services. With respect to Software that is made available for Your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
Myrobin and You acknowledge that these Terms are concluded between Myrobin and You only, and not with Apple Inc. (“Apple”), and that as between Myrobin and Apple, Myrobin, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that You own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to You, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Myrobin’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
Myrobin and You acknowledge that Myrobin, not Apple, is responsible for addressing any claims of You or any third party relating to the Apple-Enabled Software or Your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Myrobin and Apple, Myrobin, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
If You have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Myrobin at support@Myrobin.com, or Myrobin, Attn: Legal Department, 548 Market Street, PMB 63152, San Francisco, CA 94104-5401.
Myrobin and You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon Your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You with respect to the Apple-Enabled Software as a third party beneficiary thereof.
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