This Agreement constitutes a legal agreement between you (“you” or “User”) and ReadyB, Inc. d/b/a ReadyB (“ReadyB” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.ReadyB.com, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “ReadyB Platform”.
By using or registering with the ReadyB Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the ReadyB Platform. ReadyB’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the ReadyB Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
We take the issue of User privacy on the internet very seriously. The following is intended to be an explanation of our practices.
If you are not familiar with terms like cookies, IP addresses, and pixels, we suggest that you read about these and other key terms first.
1. Information we collect
We receive and collect information in order to provide and improve our services, such as to serve ads or provide content that is more relevant to users. We collect information in a number of ways, including the following:
a. The information you give us. We may collect information that you provide to us yourself through one of our corporate websites, for example, when you sign up to receive our email distributions, inquire about or sign up for one of our services or apply for a job through our websites. Many times, the information you provide includes personal information, like your name, email address, telephone number or credit card.
b. Information we get from your use of or interaction with our services. We receive and collect information when you use our services or otherwise interact with our advertising, analytics and other services. This interaction may occur on websites owned or controlled by us or by third-parties, supported mobile devices, consumer electronics devices, and on other online or technical mechanisms or devices. The information we collect includes:
d. Request-based information. Request-based information is passed to us by your computer browser, mobile device or other consumer electronics device automatically each time you interact with websites, platforms, applications or devices that use our advertising, analytics or other services. Request-based information may include:
Browser type (e.g., Microsoft Internet Explorer, Mozilla Firefox, or Apple Safari)
Device hardware model, operating system (e.g., whether you are using a device running Microsoft Windows, Android, Mac OS, iOS, etc.) and unique device identifiers
IP (internet protocol) address, including whether multiple devices have connected to the internet from the same IP address or a single device has connected to the internet from multiple IP addresses
e. Web browsing information. We collect information about which websites you have interacted with, including the web address of the page where you interact with our advertising or other services and the URL of the webpage that referred you to that page. We also collect information about the subject matter of those websites and other information on your’ interaction with those websites, including the specific content and advertising you consume and interact with on those websites.
f. Performance information. We monitor the sales, signups or visits to certain predetermined pages on our partners’ websites. We reconcile these page ‘hits’ back to the ads that were shown to allow us to manage advertising campaign delivery, and report on this to our partners.
g. Session information. Session information relates to user, campaign, and interest-based history and is used for frequency capping and interest-based delivery of advertising and other content. Session information is gathered in a number of ways, including from the website visited, mobile or other digital platform application, and clicks registered by the ’applicable device.
h. Log information. When you use our services or view our ads or other content provided by us, we may automatically collect and store certain information in server logs. This may include:
details of how you used our service, such as your clicks on our ads
device event information such as hardware settings, browser type, browser language, the date and time of your request and referral URL
cookies and unique identifiers that may uniquely identify your browser
Information from affiliates and third parties.
j. Information from third parties. We partner with third-parties to improve our services and to allow us to provide services through mobile and other consumer electronics devices. These third parties may provide us with certain information, including automatically collected information such as IP address, device type, operating system, and, in some cases, a unique identifier, as well as location-based data such as Wi-Fi, cell tower, GPS or diagnostic location information, contextual information, and demographic information including age, gender and zip code.
2. How we use the information we collect.
b. Information that we collect through your use of our and our affiliates’ services and the internet or that we otherwise receive from our affiliates and third parties. We use the information we collect to improve our services and to deliver a more personalized web experience. This includes providing advertising and content that we believe is more relevant to you and providing more accurate analytics and reporting to our clients and partners. The information that we collect and receive may be used for purposes including:
3. How we use and share your information.
a. To deliver services. In order to facilitate the delivery of Professional services, advertising, analytics and other services, we may use and/or share the information we collect, including interest-based segments and user interest profiles containing demographic information, location information, gender, age, interest information and information about your computer, device, or group of devices, including your IP address, with our affiliates and third parties, such as our service providers, data processors, business partners and other third parties. And for the sole use to deliver Professional Services we will collect name, telephone numbers, cell phone numbers, email, and street addresses.
b. With third-party clients and partners. Our online platform and/or advertising services are used by advertisers, websites, applications and other companies providing online or internet connected advertising services. We may share information, including the information described in section 3.a. above, with Professionals, our clients and partners to enable them to deliver services or facilitate the delivery of online advertising. We strive to ensure that these parties act in accordance with applicable law and industry standards, but we do not have control over these third parties. When you opt-out of our advertising services, we stop sharing your interest-based data with these third parties. Click here for more information on opting out. And for the sole use to deliver Professional Services we will collect name, telephone numbers, cell phone numbers, email, and street addresses only with the selected Professional you have selected.
e. With your consent. We may also use and/or share your information, including your personal information when we have your consent to do so.
f. Opt Out. Opting out of behaviorally targeted advertisements associated with PC, mobile, or other digital platform applications (also referred to as “apps”) and internet connected devices, such as iOS based mobile phones, internet connected televisions and other non-cookie based connected device platforms, requires a different process than opting-out of browser-based behavioral targeting. Opting-out in this context requires you to follow the process implemented by the application owner, platform device manufacturer, or third-party advertising network partners that control the placement of ads on the relevant app, device or other platform. Opting out on these apps, devices and platforms is a third-party process, and we take no responsibility for the actions or inactions those third parties with respect to their respective opt-out mechanisms, if any.
4. Security; Children’s Privacy
a. We use commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your information. We cannot, however, ensure or warrant the security of any information you transmit to us and you do so at your own risk. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.
b. Children’s Privacy. We are very sensitive to the importance of children’s privacy. Our websites, products, and services are neither developed for, nor directed at, children. We do not knowingly employ or offer services or target advertising towards or collect information from children under the age of 13. Although we make reasonable efforts to ensure that children do not use our services and are not behaviorally targeted (i.e., we do not knowingly provide targeted advertising to partner websites whose audience is comprised of primarily children under the age of 13), we cannot guarantee that your child will not be exposed to advertising provided by us, or that we have not received information related to your child’s online activities. If you believe your child has provided us with personally identifiable information, or registered at one of our websites, please contact us at email@example.com to have the data provided by and associated with your child deleted.
5. Term and Termination; Cancellation of Professional Services; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by ReadyB. We may terminate this Agreement or terminate or suspend your right to use the ReadyB Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the ReadyB Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the ReadyB Platform due to any Prohibited Conduct, we will refund in full any payments for ReadyB services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, ReadyB may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the ReadyB Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the ReadyB Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by ReadyB.
6. Community Areas.
The ReadyB Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively, “Community Areas”). All submissions made to Community Areas within the ReadyB Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the ReadyB Platform, including without limitation, information and materials that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the ReadyB Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the ReadyB Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the ReadyB Platform. We reserve the right to remove postings from Community Areas in our sole discretion.
7. Rules for Use of the ReadyB Platform.
During the term of this Agreement, Requesters may use the ReadyB Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the ReadyB Platform to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the ReadyB Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving ReadyB. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the ReadyB Platform (including but not limited to any Community Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e. Use the ReadyB Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the ReadyB Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the ReadyB Platform without express written permission from us.
h. Use the ReadyB Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the ReadyB Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the ReadyB Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the ReadyB Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the ReadyB Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the ReadyB Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the ReadyB Platform or any content or material contained on the ReadyB Platform without ReadyB’s written permission.
8. No Employment.
ReadyB provides a software platform which allows you to connect with independent Professionals. ReadyB is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of ReadyB for any purpose whatsoever.
9. Data Storage; Data Retention
b. Data retention. We retain information that we collect and receive in non-aggregate form for as long as is reasonably necessary for the purposes for which it was collected, which in many cases is 12 months or less from your last interaction with our products or services, unless a longer retention period is required by law or is necessary in order to comply with regulatory audits, court orders, legal proceedings, or law enforcement requests.
10. Intellectual Property Rights.
The ReadyB Platform, and the information, data, content and materials, which it contains (“ReadyB Materials”), are the property of ReadyB and/or its affiliates and licensors, excluding User-generated content, which ReadyB has a right to use as described below. The ReadyB Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. ReadyB and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the ReadyB Materials. Any use of ReadyB Materials, other than as expressly permitted herein, is prohibited without the prior permission of ReadyB and/or the relevant right holder. The service marks and trademarks of ReadyB, including without limitation ReadyBbook.com, ReadyB.com and the ReadyB logo are service marks owned by ReadyB. Any other trademarks, service marks, logos and/or trade names appearing on the ReadyB Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the ReadyB Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent.
ReadyB respects the intellectual property of others, and expects Users to do the same. ReadyB will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the ReadyB Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to ReadyB a properly submitted copyright notice as indicated below, ReadyB will investigate, and if it determines, in its discretion, that the material is infringing, ReadyB will remove the content and may terminate the access of the User who posted such content to the ReadyB Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that ReadyB may find it on the ReadyB Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
ReadyB’s contact information for notice of alleged copyright infringement is:
Or via Mail:
2337l Mulholland Dr. Suite 226
Woodland Hills, CA 91364
The term “Confidential Information” shall mean any and all of ReadyB’s trade secrets, confidential and proprietary information, personal information and all other information and data of ReadyB that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The ReadyB Platform contains secured components that are accessible only to those who have been granted a user name and password by ReadyB. Information contained within the secure components of the ReadyB Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of ReadyB and agree that you will not use Confidential Information other than as necessary for you to make use of the ReadyB Platform as expressly permitted by this Agreement and only during the term of this Agreement.
13. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE READYB PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE READYB PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER READYB NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE READYB PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE READYB PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE READYB PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE READYB PLATFORM OR THIS AGREEMENT. ACCESS TO THE READYB PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER READYB NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE READYB PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER READYB NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE READYB PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. READYB AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. NO LIABILITY. YOU AGREE NOT TO HOLD READYB, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE READYB PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY READYB OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL READYB OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE READYB PLATFORM OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. READYB AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE READYB PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT READYB OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO READYB DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
c. RELEASE. READYB AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE READYB PLATFORM. THE READYB PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE READYB PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING MERCHANDISE HEREUNDER, READYB WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE READYB FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE READYB IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE READYB AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “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.”
d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE READYB PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE READYB PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE READYB PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE READYB PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE READYB PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE READYB PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, READYB HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST READYB’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE READYB’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS READYB.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
You hereby agree to indemnify, defend, and hold harmless ReadyB, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the ReadyB Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the ReadyB Platform. ReadyB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of ReadyB.
15. Mutual Arbitration Agreement.
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and ReadyB, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and ReadyB may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 17 is your email address and/or physical address that you have provided to ReadyB. ReadyB’s address for such notices is: legal@ReadyB.com and/or by mail to:
2337l Mulholland Dr. Suite 226
Woodland Hills, CA 91364.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and ReadyB agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (Www.Adr.Org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, ReadyB will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the 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 Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
c. Excluded Disputes. You and ReadyB agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and ReadyB agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USER, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place Los Angeles California, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f. Severability. You and ReadyB agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section will be given full force and effect.
16. Governing Law; Jurisdiction.
Except for the Arbitration Agreement in Section 17, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Los Angeles, California.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
18. General Provisions.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and ReadyB with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to ReadyB. ReadyB’s address for such notices is: legal@ReadyB.com and/or by mail to ReadyB, Inc., Attn: Legal, 2337l Mulholland Dr. Suite 226, Woodland Hills, CA 91364. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by ReadyB, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. ReadyB shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond ReadyB’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
19. Changes to this Agreement.
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the ReadyB Platform. Your continued use of the ReadyB Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
All provisions that should by their nature survive the expiration or termination of this Agreement shall so survive.
21. Contact Information.
If you have any questions regarding this Agreement, please contact us at privacy@ReadyB.com or by mail at the below addresses:
2337l Mulholland Dr. Suite 226
Woodland Hills, CA 91364
22. Key terms
A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features or services may not function properly without cookies.
An embedded script is programming code that is designed to collect information about the way an advertisement displays on a website. The code is temporarily downloaded onto a user’s device from our web server or a third party web server, is active only while you are connected to a particular website, and is deactivated or deleted thereafter.
A user or group of users categorized on the basis of preferences or interests inferred from the data we collect and receive that are used as a basis for displaying advertisements and other content intended to be more relevant and useful to the user or users. Examples include “AUTO::Auto In-Market MASTER,” “TRAVEL::Travel In-Market MASTER” and “SPORTS::Sports Enthusiasts.”
Every computer connected to the internet is assigned a unique number known as an internet protocol (IP) address. Since these numbers are usually assigned in country-based blocks, an IP address can often be used to identify the country, and in many cases a more precise location, from which a computer is connecting to the internet.
This is information that you provide to us that personally identifies you, such as your name, email address, billing address and credit card information.
A pixel, also known as a pixel tag or web beacon, is a small snippet of code embedded in a website. Pixels allow a website to transfer or collect information through a graphic image request. Pixels can be used count site visitations and conversions, gather broad-based user interest data, transmit to and receive information from third parties, deliver, read and write to cookies and for other purposes connected to the provision of advertising, analytics or other services.
Like most websites, our servers automatically record the page requests made when you visit our sites. These “server logs” typically include your web request, IP address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
A unique identifier is a string of characters that is used to recognize a user’s device, browser or other platform. Unique identifiers may be used in conjunction with or separate from cookies, including on platforms (e.g., certain mobile devices) where cookie technology is not available.
Panel of internet users that agree to anonymous recording of their ad exposure activity as they browse the web and are exposed to video and display advertisements in exchange for free software and services such as browser toolbars, games, and applications that provide information services such as weather, travel, news.
A sophisticated bot that renders webpages as a user would in order to analyze the page content and how ads deliver to users on a given webpage.
Last updated: August 29, 2016