Terms and Conditions
U.S. Terms of Use
Effective: October 22, 2019
Agreement to Terms of Use
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.linkio.app website and the LinkiO mobile application (together, or individually, the "Service") operated by N&L WORK APP, LLC ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, providers, users and others who wish to access or use the Service. “You” or Your” mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein shall refer to that entity, its directors, officers, employees, and agents.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Communications
By creating an Account (as defined below) on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Purchases
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, banking information, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademarks, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing of a copyright or trademark.
N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors may, in our sole discretion, permit you to post, upload, publish, submit or transmit user made content ("User Content"). By making available any User Content on or through the Service, you hereby grant to N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Service, or for any other purpose in our sole discretion, except that the contents of private messaging through the Service will not be used by N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors in public advertising. The license granted to N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors shall survive termination of the Service or your Account. N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Service. You represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Service or you have all rights, licenses, consents and releases that are necessary to grant to N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors use of your User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors may proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors reserve the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason that may be contemplated by us.
Disallowance
As a user of the Service, you may not:
• Use another person's Account, misrepresent yourself or services offered through the Service, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Service;
• Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Service for any purpose without N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Services for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors reserves the right to revoke these exceptions either generally or in specific cases);
• In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Service information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
• Transmit more request messages through the Service in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
• Take any action that (a) may unreasonably encumber the N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Service; (d) circumvents, disables or otherwise interferes with security features of the Service; (e) distributes viruses or any other technologies that may harm N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors or users; (f) uses the Services in a way that violates any copyrights, trademarks, trade secrets, or other rights of any third party, including privacy or publicity rights (which shall include, but not be limited to, impersonating a third party); or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
• As a Provider, use the Service in any manner that circumvents your obligation to pay N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors for access to services provided by the Service;
• Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Service, or use the communication systems provided by the Service for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
• Recruit, solicit, or contact in any form Providers or Users for employment or any other use not specifically intended by the Service;
• Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Service, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
• Violate any key N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors policies that govern your use of the Service and our interactions with you and third parties;
• Advertise or solicit services not related to or appropriate for the Service including, but not limited to any service that (a) provides directories or referrals; (b) offers lending; (c) offers rental space; (d) promotes events (such as a party or professional convention); (e) competes with the business of N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors; (f) is based outside the United States; (g) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; (h) offers a service not reasonably available to a User or other individual in that User or individual’s location; or (i) is illegal under the laws of the United States.
• Submit User Content that damages the experience of any user including but not limited to (a) requests to download non- N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors, (b) offers to purchase a service or any other service outside of N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors, or (c) using a profile page or user name to promote services not offered on or through the Service;
• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
• Fail to perform services purchased from you as promised, unless the User or other individual fails to materially meet the terms of the mutually agreed-upon agreement for the services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Users or other individual’s identity;
•Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors;
• Sign up for, negotiate a price for, use, or otherwise solicit a service with no intention of following through with your use of or payment for the service;
• Agree to purchase a service when you do not meet Service requirements;
• Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Service; and
• Attempt to indirectly undertake any of the foregoing.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
N&L WORK APP, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of N&L WORK APP, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
By registering or using the Service to offer, post, or provide services, providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and (if applicable) licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the individual service they are providing.
You are responsible for maintaining the confidentiality of your account and password/credentials, including but not limited to the restriction of access to your computer/smart phone/tablet and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Users may access the Service without registering for an account. To access and participate in certain features of the Service, you will need to create a PIN-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Service, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors PIN and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors immediately of any unauthorized use. N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors or others due to such unauthorized use. Your account is nontransferable except with N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors written permission and in line with N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors policies and procedures.
You may not use as a phone number, the phone number of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization.
N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors does not engage in providing services. Providers understand and agree that by creating and maintaining an account on the Service, they receive only the ability to use Link IO to access persons interested in receiving services and related tools, including but not limited to the ability to message those persons or schedule appointments, that facilitate the completion of provision of services. Providers understand and agree that using the Service does not guarantee that anyone will engage them for services.
Providers understand and agree that they are independent contractors and furthermore customers of N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors, and are not N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors, employees, joint venturers, partners, or agents. Providers acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors does not control, and has no right to control, the services a Provider provides (including how the Provider provides such services) if the Provider is engaged by a client or any other person, except as specifically noted herein.
N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors, as permitted by applicable laws, obtains reports regarding Providers Service, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Provider’s account based on the results of such a check. As a Provider, you agree and authorize us to use your personal information, including but not limited to, such as your full name and date of birth, SSN to obtain such reports from N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors vendors.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Stripe Account
Payment processing services for [account holder term, e.g. drivers or sellers] on [platform name] are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a [account holder term] on [platform name], you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of [platform name] enabling payment processing services through Stripe, you agree to provide [platform name] accurate and complete information about you and your business, and you authorize [platform name] to share it and transaction information related to your use of the payment processing services provided by Stripe.
Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of N&L WORK APP, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of N&L WORK APP, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by N&L WORK APP, LLC
N&L WORK APP, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that N&L WORK APP, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless N&L WORK APP, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use (which shall include, but not be limited to, any service provided to a third party) and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall N&L WORK APP, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
N&L WORK APP, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.