PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS, EXCLUSIONS, A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.
Account with the company:
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use GoodAt or the services. You are responsible for any and all account activity conducted by a minor on your account.
- We are not party to any agreements between users of our Services. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and the Company.
- You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose billing information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. If you believe your account is compromised, you must contact us immediately using the
- You shall not use GA in a manner that is Illegal, or that constitutes: abuse, sharing others personal information, fraud, impersonation, username squatting, using others intellectual property, spam, malware, claiming endorsement without written confirmation, data mining, and/or reverse engineering.
- To register for an Account to join the Site, you must complete a User profile (“Profile”), which you consent to be shown to other Users andthe public. You shall provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us. You are responsible to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity, location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
- The Company merely makes the Site and Site Services available to enable Freelancers and Clients to find and transact directly with each other. The Company does not introduce Freelancers to Clients, find Projects for Freelancers, or find Freelancers for Clients. Through the Site and Site Services, Freelancers may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Freelancers that may offer the services they seek; at all times, however, Users are responsible for evaluating and determining the suitability of any Project, Client or Freelancer on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and the Company is not a party to that Service Contract. You acknowledge, agree, and understand that the Company is not a party to the relationship or any dealings between Client and Freelancer. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Freelancer Services, or (e) paying for Service Contracts or Freelancer Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). The Company does not make any representations about or guarantee the truth or accuracy of any Freelancer’s or Client’s listings or other User Content on the Site; does not verify any feedback or information provided by Users about Freelancers or Clients; and does not vet or otherwise perform background checks on Freelancers or Clients. You acknowledge that the Company makes no limitations, requirements, controls, or standards regarding the time, manner, place, and/or means by or through which services are provided by Freelancers that have accounts with GA and that Freelancers are not employees the Company.
- Freelancer acknowledges and agrees that Freelancer is solely responsible (a) for all tax liability associated with payments received from Freelancer’s Clients and through GA, and that the Company will not withhold any taxes from payments to Freelancer; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Freelancer is not covered by or eligible for any insurance from the Company; (c) for determining whether Freelancer is required by applicable law to issue any particular invoices for the Freelancer Fees and for issuing any invoices so required; (d) for determining whether Freelancer 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 Freelancer Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if GoodAt is required by applicable law to withhold any amount of the Freelancer Fees and for notifying GoodAt of any such requirement and indemnifying the Company for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of the Company, Freelancer agrees to promptly cooperate with the Company and provide copies of Freelancer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Freelancer is engaging in an independent business as represented to the Company.
- You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
- By posting Your Content through our Services, you grant the Company a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help GA function and grow. That way, we won’t infringe any rights you have in Your Content and we can provide our Service to you.
- By posting Your Content, you grant the Company a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.
- If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, from disabling it if we receive proper notice, up through termination of your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
- We do not screen or endorse any content on GA. If you see content that violates these terms, then let us know and we may remove it.
- You hereby acknowledge and agree that Users may publish and/or may request the Company to publish on their behalf information on GA about the User, such as feedback, composite feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Freelancers or Clients voluntarily submit to the Company and does not constitute and will not be construed as an introduction, endorsement, or recommendation by the Company; the Company provides such information solely for the convenience of Users.
- GA may provide a feedback system as a means through which Users can share their opinions of other Users publicly, and the Company may not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that posted composite or compiled feedback and any other Composite Information relates only to the business advertised in the Profile and not to any individual person. You agree not to use the Composite Information to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Using the Services
- You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against the Company, another User, or a third party.
- You are responsible for paying all fees that you owe to the Company.
- You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
- You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
- The names “GoodAt,” and the other GA marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of the Company in the US and other countries.
- Any unsolicited ideas or other materials you submit to the Company (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- You agree not to collect GA user information or interfere with GA. You agree we may moderate GA access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not.
- The Company may refuse service to anyone, at any time, for any reason.
- If you or the Company terminate your account, you may lose any information associated with your account, including Your Content.
- We reserve the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
- The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
- Except as otherwise required by law, if your Account is closed for any reason, you will no longer have access to data, messages, files, or other material you keep on the Site and that that any closure of your Account may involve deletion of any content stored in your Account for which GoodAt will have no liability whatsoever. The Company, in its sole discretion and as permitted or required by law, may retain some or all of your Account information.
- You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. The Company is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
- You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
- Our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
- We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
- To the fullest extent permitted by law, neither the Company, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Services or these Terms. In no event shall the Company’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid the Company in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
- You agree not to rely on the site, the site services, and any information on the site or the continuation of the site. The site and the site services are provided “as is” and on an “as available” basis. GoodAt makes no representations or warranties with regard to the site, the site services, work product, or any activities or items related to this agreement or the terms of service.
- You will indemnify, defend, and hold harmless the Company, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) for all Indemnified Claims (defined below) and Indemnified Liabilities (defined below) relating to or arising out of: (a) the use of the Site and the Site Services by you or your agents, including any payment obligations or default incurred through use of the Site Services; (b) any Service Contract entered into by you or your agents, including, but not limited to, the classification of a Freelancer as an independent contractor; the classification of the Company as an employer or joint employer of Freelancer; any employment-related claims, such as those relating to employment termination, employment discrimination, harassment, or retaliation; and any claims for unpaid wages or other compensation, overtime pay, sick leave, holiday or vacation pay, retirement benefits, worker’s compensation benefits, unemployment benefits, or any other employee benefits; (c) failure to comply with the Terms of Service by you or your agents; (d) failure to comply with applicable law by you or your agents; (e) negligence, willful misconduct, or fraud by you or your agents; and (f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you or your agents. For purposes of this section, your agents included any person who has apparent authority to access or use your account demonstrated by using your username and password.
- “Indemnified Claim” means any and all claims, damages, liabilities, costs, losses, and expenses (including reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party.
- “Indemnified Liability” means any and all claims, damages,
liabilities, costs, losses, and expenses (including reasonable attorneys’ fees
and all related costs and expenses) arising from or relating to any claim,
suit, proceeding, demand, or action brought by an Indemnified Party against you
or a third party or other User.
Disputes with other Users
- You release the Company from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with GoodAt
- The Terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
- Any arbitration under the Terms will take place on an individual basis--class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration.
- Payment for any and all reasonable AAA filing, administrative, and arbitrator fees will be in accordance with the Consumer Arbitration Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
Updates to the Terms
- We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services.
- Changes will be effective upon the posting of the changes.
- You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
- If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
- Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
- The Company respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 USC § 512(c)(3), the Company will respond expeditiously to claims of copyright infringement committed using GA if such claims are reported to the Company’s Copyright Compliance Department via mail by sending a “DMCA Notice of Alleged Infringement” as outlined below. DMCA Notice of Alleged Infringement is to be mailed to:
Copyright Compliance Department
1202 West 600 South
Salt Lake City, UT 84104
- DMCA Notice of Alleged Infringement ("Notice")
- If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing a DMCA Notice of Alleged Infringement and delivering it to the Company’s Designated Copyright Agent. Upon receipt of Notice as described below, Info Tech will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site. Please note that if you fail to comply with all of the requirements of this section and of 17 USC § 512(c)(3) your DMCA notice may not be valid.
- Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by your Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
- Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to the Company’s Copyright Compliance Department
- DMCA Counter-Notice of Alleged Infringement
- If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright holder, the holder's agent, or pursuant to law, to post and use the material in your content, you may send a Counter-Notice containing the following information to the Company’s Copyright Compliance Department:
- Your physical or electronic signature;
- Identification of the content that was removed or to which access has been disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
- If a Counter-Notice is received by the Copyright Agent, the Company may send a copy of the Counter-Notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the Company or the person who has posted allegedly infringing content, the removed content may be replaced, or access to it restored, in ten business days or more after receipt of the Counter-Notice.
- Repeat infringer policy: GoodAt may terminate accounts that have shown a pattern of not respecting the intellectual property rights of others, such as but not limited to those that have received three takedown notices, which they did not successfully contest within a two year period.