TERMS AND CONDITIONS
Agreement between User and WWW.SAWLUTIONSLLC.COM
Welcome to www.sawlutionsllc.com. The www.sawlutionsllc.com website (the “Site,” “we,” or “us”) is comprised of various web pages operated by SAWLUTIONS LLC (“PORTAL”).
WWW.SAWLUTIONSLLC.COM is a Networking Site. More specifically, relating to the connection between:
Businesses, employers, companies, and entities of the like (the “Company”), looking to contract services
Independent contractors, persons, businesses and entities of the like (the “Independent Contractor”), looking to provide said services.
WWW.SAWLUTIONSLLC.COM provides a platform in which, the Company and the Independent Contractor manage their own rights as a Company, contracting services, and an Independent Contractor, providing said services, as an individual contractor and NOT as an employee of the Company.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE WITH SAWLUTIONS LLC RELATED TO YOUR USE OF ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE WITH SAWLUTIONS LLC INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. DO NOT ACCESS OR USE ANY OF THE SERVICES IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY.
MANDATORY ARBITRATION DOES NOT PERTAIN OR APPLY TO DISPUTES BETWEEN THE “COMPANY” AND THE “INDEPENDENT CONTRACTOR.” SAWLUTIONS LLC COMPLIES WITH STATE AND FEDERAL LAWS AND WILL PROVIDE FILES, DOCUMENTATION AND MESSAGES TO COURTS REQUESTED BY SUBPOENA IN DISPUTES BETWEEN THE COMPANY AND THE INDEPENDENT CONTRACTOR.
Services and features may have their own specific terms and conditions that you agree to when you use that particular function or service (“Specific Terms of Service”). Specific Terms of Service supplement this Agreement, but if any term of this Agreement conflicts with any term of Specific Terms of Service, the conflicting term in the Specific Terms of Service will control, only with respect to the applicable service, feature, or function. All other terms and conditions in Terms and Conditions and Specific Terms and Conditions will remain in effect.
Users/ Types of Users:
The word “you” as used in this agreement will apply to visitors who browse SAWLUTIONS LLC websites and individuals who access and use the Services on their own behalf and/or on behalf of an entity or company.
* Users that use the Services to search for contractors, view profiles, postings or reviews, and/or post and/or distribute job listings (“Job Listing Advertisements”), on behalf of themselves and/or a third party are also referred to in this Agreement as, a “Company”. If you use SAWLUTIONS LLC on behalf of an employer, organization, agency, institution, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. In addition to the rest of this Agreement, please review the terms of the Company Section carefully if you are using the Services as a Company.
* If you use the Services to register for job listing alerts by text and/or email or any other method made available to you, or to create an Independent Contractor profile, or to view, search for or take claim to Job Advertisements, we refer to you as, an “Independent Contractor”. In addition to the other provisions of this Agreement, please review the terms of the Independent Contractor Section carefully if you are using the Services as an Independent Contractor.
- USE OF THE SERVICES
You must be at least eighteen (18) years of age so that you can form a binding contract with SAWLUTIONS LLC. You may not use the Services if your use of the Services has been previously terminated or suspended by SAWLUTIONS LLC, unless we have provided you with specific written authorization to re-use the Services.
When using specific Services, we may ask for your consent to contact you by telephone or other means of contact. By granting such consent, you authorize SAWLUTIONS LLC to contact you by these means at contact information(s) you have provided, and acknowledge that SAWLUTIONS LLC may do so using an automatic telephone dialing system or an artificial or prerecorded voice. You may revoke consent to be contacted by telephone by informing us through our ‘contact us’ page on our website and including the wording “Revoke Telephone Consent” in the subject line. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any services from SAWLUTIONS LLC`.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
By providing SAWLUTIONS LLC your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job listing alerts, we will send you job alerts until you opt-out of such alerts.
If you do not want to receive such email messages, you may opt out or change your preferences in your Account page (for Companies) or by following the opt-out and/or unsubscribe instructions in the email message. You can also contact us through the ‘contact us’ web page. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, offers or job listings.
By requesting to claim a Job Listing Advertisement on the Services, you give us permission to store your information on the Services and to share your information (including your profile), with the entity that posted the Job Listing Advertisement.
By connecting to SAWLUTIONS LLC using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that SAWLUTIONS LLC may use third party vendors and/or partners to provide the Services (or any portion of the Services) to you, and share personal information with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Independent Contractors or Companies.
- User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Services by changing the settings in your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. All Users must keep their account passwords secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account. You must notify SAWLUTIONS LLC immediately of any breach of security or unauthorized use of your account. SAWLUTIONS LLC will not be liable for any losses caused by any unauthorized use of your account.
Users have no ownership rights in their accounts and in the event that your account is terminated by you or us, the contents of your account may not be available. Users are responsible for keeping their own accurate records. SAWLUTIONS LLC is not responsible or liable for any information the User stores in their account or profile. SAWLUTIONS LLC reserves the right to delete a User Account in the event of any inactivity.
SAWLUTIONS LLC may suspend or terminate your account and/or your access to the Services, or any portion of the Services at any time without notice to you, if we believe that you have violated the terms of this Agreement. Upon any such termination, all the provisions of this Agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.
- General Rules for Use of Services
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to the SAWLUTIONS LLC servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that SAWLUTIONS LLC grants the operators of public search engines revocable permission to use spiders to copy materials from www.sawlutionsllc.com for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited communications; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information from the Services, except as expressly permitted by certain features of the Services; (viii) using the Services for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Services; (xi) accessing any content on the Services through any technology or means other than those provided or authorized by the Services; (xii) bypassing the measures we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xiii) disclosing or sharing login credentials; (xiv) reverse engineering or decompiling any parts of the Services; (xv) frame or link to any information or content on the Services; (xvi) post or submit any inaccurate, incomplete, or false biographical information or another person’s information; or (xvi) post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by SAWLUTIONS LLC.
We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid features and services). We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, without notice and liability for any reason, including if in our sole determination you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other SAWLUTIONS LLC Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SAWLUTIONS LLC shall have no liability for your interactions with other Users, or for any User’s action or inaction. SAWLUTIONS LLC shall have no obligation to you to enforce this Agreement against any other User.
If you have questions about the Services or your Account, please contact us at our ‘contact us’ web page.
- USER CONTENT AND USERS
The Services may allow Users to post and/or provide content that may be viewable by other Users, including, but not limited to, Job Listing Advertisements, Company information, Independent Contractor information, content of messages, photos, logos, trademarks, comments, questions, and other content or information (“User Content”).
User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing or publishing it.
The following list is intended to be illustrative of the types of User Content that is prohibited, but is not an exhaustive list: You agree not to post or provide User Content that (i) may create a risk of harm to any person or property; (ii) provides instructional information about illegal activities; (iii) involves the transmission of junk or unsolicited mail or other communications, ‘phishing’ or ‘scamming’; (iv) provides links to material that is illegal or offensive, or targets or solicits personal information from, anyone under the age of 18; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (viii) contains any information or content that is false or misleading; or (ix) violates the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of this Agreement, “Intellectual Property Rights” means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. If you are a Client providing or submitting Job Listing Advertisements, you further agree that such content will not contain any personally identifiable information.
You agree that SAWLUTIONS LLC makes no representations, warranties, promises or guarantees regarding any content provided or generated by third parties, including, without limitation, the content of messages, Job Listing Advertisements and profiles. You further agree that SAWLUTIONS LLC acts as a passive conduit for the distribution, provision, and publication of User Content, and has no obligation to screen or verify the accuracy, legality, legitimacy, truthfulness, or completeness of User Content, and accordingly, you accept that SAWLUTIONS LLC is not responsible and has no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, Proof of Insurance, entity information, Job Listing Advertisements, content of messages and other state or federal requirements. Your reliance on any User Content is at your own risk.
Notwithstanding the foregoing, although SAWLUTIONS LLC has no obligation to screen User Content, to the extent that SAWLUTIONS LLC becomes or is made aware of, User Content that may or does (i) violate the terms of this Agreement or any other Agreement you have with SAWLUTIONS LLC, or (ii) violate any law or regulation, or (iii) violate the rights of third parties, or (iv) create liability for SAWLUTIONS LLC or otherwise negatively impact SAWLUTIONS LLC, SAWLUTIONS LLC reserves the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.
Please note Section 230 of the U.S. Communications Decency Act (“CDA”) (and the equivalent or similar laws in your jurisdiction), which are intended to exclude or limit the liability of online service providers such as SAWLUTIONS LLC, which provide or make available access to third-party user generated content (see § 230 (c)(1) which states: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider).
The decision by SAWLUTIONS LLC to remove or not post or distribute any User Content, does not by itself amount to participation in the creation of such User Content and accordingly, does not constitute a waiver of the immunity afforded by the CDA. Additionally, § 230 (c)(2) of the CDA specifically provides: “No provider or user of an interactive computer service shall be held liable on account of (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable whether or not such material is constitutionally protected…..”
You understand and agree that SAWLUTIONS LLC does not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, Independent Contractors, Companies and employers. You assume all risks associated with Users with whom you come into contact. If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release SAWLUTIONS LLC, its subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.
SAWLUTIONS LLC reserves the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Services, to enforce the terms of any agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect the interests of SAWLUTIONS LLC where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their intellectual property or ownership rights, or of their right to privacy.
- USER CONTENT LICENSE GRANT
By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to SAWLUTIONS LLC, a royalty-free, sub-licensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide license to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the SAWLUTIONS LLC websites, distributing such User Content through the SAWLUTIONS LLC distribution and publishing network and in job listing alerts to independent contractors, and to promote SAWLUTIONS LLC and the Services. This license continues even if you stop using the Services.
If you are a Company, you acknowledge and agree that SAWLUTIONS LLC has no obligation, and may be unable, to remove your Job ListingAdvertisements and other content (including any logos and/or trademarks contained therein) once they have been (i) distributed via the SAWLUTIONS LLC distribution and publisher network, (ii) listed in search engine results, or (iii) distributed on websites and in job alert emails or job alert texts, or (iv) incorporated into fixed media displays of SAWLUTIONS LLC or any third party, and in each case (i) to (iv) above, the license grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing license also extends to the use by SAWLUTIONS LLC to identify you as a User of the Services in any promotional and marketing materials to promote SAWLUTIONS LLC and the Services. Further, to the extent you have given SAWLUTIONS LLC the right to access certain User Content that is present on another website or service you own or control, you give SAWLUTIONS LLC the right to scrape such website as required to retrieve such User Content for use on the Services as contemplated in the license grants above.
You represent and warrant that you have the rights, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Services, that the use by SAWLUTIONS LLC of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.
- OUR PROPRIETARY RIGHTS
With the exception of content owned by, or licensed from, third parties, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and content (the, “SAWLUTIONS LLC Content”), and all Intellectual Property Rights related thereto, are the exclusive property of SAWLUTIONS LLC. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the SAWLUTIONS LLC Content or materials on the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide SAWLUTIONS LLC suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Services, or other feedback regarding the Services (collectively, “Feedback”), you agree that SAWLUTIONS LLC shall own such Feedback. Accordingly, you understand and accept that SAWLUTIONS LLC will be free to use, disclose, reproduce, license or otherwise distribute, commercialize and exploit the Feedback as it sees fit, entirely without obligation or restriction of any kind and without compensation to you. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.
- PAID SERVICES
- Billing Policies
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. SAWLUTIONS LLC may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that SAWLUTIONS LLC has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
- No Refunds
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that SAWLUTIONS LLC suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with SAWLUTIONS LLC, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay SAWLUTIONS LLC the entire fees due for the subscription, product or service, as applicable.
- Payment Information; Taxes; Delinquent Payments
All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time SAWLUTIONS LLC is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to SAWLUTIONS LLC upon written notice.
If you elect to add additional paid services or products to your selected subscription or upgrade your subscription, we will invoice you for such services, products and upgrades, and/or charge your credit or debit card (or other payment method) accordingly.
Delinquent payments may bear interest at the rate of one percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by SAWLUTIONS LLC in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
- Credit and Debit Cards
In the event that you pay for any Services using a credit card or debit card, you authorize SAWLUTIONS LLC to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (“Payment Method”), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that SAWLUTIONS LLC may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
- Free Trials and Subscription Services (for Company and/or Independent Contractor that have not executed a paper contract)
(i)Free Trial. If you have been offered a free trial to the job posting Services (“Free Trial”), you may be required to: (a) select a desired subscription plan (“Subscription Plan”) and (b) provide valid credit card/debit card and billing information. Your credit/debit card will not be charged until the expiration of the Free Trial (if you don’t cancel before the end of the Free Trial). You can cancel at any time during the Free Trial by contacting us through our ‘contact us’ webpage. If you wish to cancel online, follow the instructions on the website to cancel your free trial immediately. It is your responsibility to timely cancel your Free Trial prior to the expiration of the term of the Free Trial to avoid any unwanted charges. Once your Free Trial is cancelled you will lose access to information regarding independent Contractors, Job Listing Advertisements and other features of the applicable Subscription Plan. If you don’t cancel prior to the end of the Free Trial term, we will automatically charge your debit/credit card for the first 30 days (if, for example, you are on a monthly Subscription Plan) or the first year (if you chose an annual Subscription Plan) or other applicable recurring period depending on the selected Subscription Plan (“Initial Plan Term”). We will continue to charge your debit/credit card at the beginning of the applicable renewal period following the Initial Plan Term unless you notify SAWLUTIONS LLC that you do not wish to renew prior to the end of the Initial Plan Term.
(ii) Subscription Plans and Renewals. Subscription Plans will automatically renew for recurring periods depending on the duration of your selected Subscription Plan (e.g., every 30 days, 3 months, 6 months, annual or other period), unless you notify SAWLUTIONS LLC of any changes or requests not to renew (i.e., to cancel), prior to the end of the Initial Plan Term (each, a “Renewal Plan Term”) or each Renewal Plan Term. Cancellation requests should be made in accordance with the instructions provided on the applicable SAWLUTIONS LLC website or in accordance with Section 7 E. (iii) below. At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account, or you will be invoiced for payment.
(iii) Cancellation. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term by contacting us through means on our ‘contact us’ webpage, and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by SAWLUTIONS LLC.
(iv) Suspension or Termination for Breach. SAWLUTIONS LLC can suspend or terminate your access to the Services and/or this Agreement in the following instances: (i) if you breach this Agreement and cannot correct the breach within that period required by SAWLUTIONS LLC if the breach is capable of cure; (ii) immediately, if you fail to pay any monies owed to SAWLUTIONS LLC for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (iii) immediately in the event of recurring violations of this Agreement; and (iv) for convenience via email notification to you and in the event of such termination for convenience, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan. In the event of any termination or suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with SAWLUTIONS LLC (other than a termination for convenience by SAWLUTIONS LLC as described in such agreements), you remain responsible for the entire amount of the fees pertaining to the applicable Services. SAWLUTIONS LLC may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if SAWLUTIONS LLC materially breaches this Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to us through our ‘contact us’ webpage. Pre-paid fees are non-refundable, except in the case of an uncured material breach by SAWLUTIONS LLC, in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan.
- ADDITIONAL TERMS THAT APPLY TO INDEPENDENT CONTRACTORS
As an Independent Contractor, you can (i) use the Services to search for postings and job listings available for contract, (ii) request to claim jobs (“Job Listings”), (iii) receive job listing alert emails or text messages, where such features are available to you (“Job Listing Alerts”), and (iv) include your profile, and other applicable information in the Independent Contractor Database. For purposes of this Agreement, references to “Independent Contractor Profile” or “Independent Contractor Documentation” shall also mean a curriculum vitae, profile, references, recommendations, licenses, insurance, before and after images, advertisements of your services, and other similar written overviews or assessments of a person’s experience and qualifications.
You agree that if you have a SAWLUTIONS LLC account or if you have provided your profile/documentation to SAWLUTIONS LLC and/or if you have signed up for job listing alerts, we may use the information you provide to send you information about Job Listing Advertisements that may be of interest to you and you also agree that we may provide your profile/documentation (to the extent that you have not designated it as private), to a company or individual who may be interested in contracting your services or who have shown an interest in contracting similar services to the type of services you provide.
To the extent that you wish us to share your information and profile/documentation with potential companies, individuals, or the like (including, where you have submitted your profile/documentation to the Independent Contractor Database or because you have requested to claim a Job Listing Advertisement on a SAWLUTIONS LLC website), you consent to our sharing your profile/documentation, together with any additional information you provide to us during the contracting process. This means that you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your profile/documentation and any additional information you provide to us, to share or otherwise use such profile/documentation and additional information as we reasonably require to fulfill the services we provide to you.
- Request Claim to a Job in General
You can choose how to submit your request to claim a job listing using the options offered through the Services. If you elect to accept the job listing through SAWLUTIONS LLC PORTAL, you will be asked to log-in to the applicable account, and the profile, documentation and other information that you have provided as part of any of those accounts will then be provided to the entity that posted the applicable Job Listing Advertisement. You can also submit a Job Listing Request through your mobile device using our PORTAL.
Once you submit a Request to Claim Job Listing, your profile and other applicable information will be shared with the entity that posted the Job Listing Advertisement. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.
If you ask SAWLUTIONS LLC to submit a message to any Company or third party or if you request to claim a job listing using the Services, you accept that SAWLUTIONS LLC does not guarantee that the recipient entity will receive, access, view, or respond to your requests, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Listing Advertisement are entirely in the control of that entity and if you require alternate questions or process, you must contact the applicable entity directly.
- Requesting the Claim of a Job Listing Advertisements on a SAWLUTIONS LLC Website
When you request to claim a Job Listing Advertisement on a SAWLUTIONS LLC website, we will send the profile associated with your account (to the extent an account was created as described below).
If you have manually logged out of your account or if you have been automatically logged out of your account because of inaction or some other reason, before we send the profile associated with your account, we will ask you to input your email so we can verify your identity. Once you receive the verification email and confirm your identity by following the instructions in the email, we will send out the profile associated with your account.
IMPORTANT: It is your responsibility to ensure that the profile associated with your account is always updated, current and accurate before you request to claim a Job Listing Advertisement so a potential contacting Company receives the most up-to-date information about you and your services. If you have opted in to the Independent Contractor Database, make sure that Companies see the most up-to-date information about you and your business.
- Interactions with Other Users; Scams; Confidentiality
You are solely responsible for your interactions with Users whom you contact or who contact you. Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or requests to claim a Job Listings or profile/documentation. Only list the contact information that you are comfortable disclosing to Clients, Companies and other Users of the Services.
In addition to carefully reviewing this section and sections above, you should conduct your own due diligence on potential companies and Job Listing Advertisements that may be of interest to you. As mentioned SAWLUTIONS LLC does not authenticate Users or guarantee that a Job Listing Advertisement is suitable, legitimate or real. If you are concerned about any particular communication you have received from a potential contract (either because it’s unsolicited or you received the communication in response to your request to claim a Job Listing), or if you are concerned about any particular Job Listing Advertisement you find on SAWLUTIONS LLC, or if you find a Job Listing Advertisement that is fake or fraudulent, you should do the following:
Contact SAWLUTIONS LLC immediately and do not respond to the sender of the communication; and concurrently,
Conduct your own Internet search of the company and the person who emailed you.
Many scammers use the names of legitimate companies to defraud individuals.
An Internet search may alert you to complaints about the individual and/or the company concerned because it’s likely that you aren’t the first person that has been ‘scammed’. There may be online forums that warn people about potentially fraudulent job listing advertisements.
U.S. Independent Contractors should check whether any complaints were made to organizations such as the Better Business Bureau or the Federal Trade Commission (“FTC”). The FTC provides recommendations on its website regarding job scams, including, but not limited to: https://www.consumer.ftc.gov/articles/0243-job-scams.
If you discover that an email received is connected to a fake or fraudulent Job Listing Advertisement, you should send that email to email provider that hosts the scammer’s email address and request that the account be closed. Some of the more common fraud departments are:
If you have already disclosed your bank details or received funds into your account you should contact your bank immediately to stop any transactions and ask their advice regarding next steps. You should also file a police report.
US Independent Contractors should file a complaint with the FTC at https://www.ftccomplaintassistant.gov/#crnt&panel1-1 , their State Attorney General and their local Consumer Protection Agency. You can find more information by reviewing the video at: https://www.consumer.ftc.gov/media/video-0052-job-scams and https://www.consumer.ftc.gov/topics/jobs-making-money .
Additionally, although SAWLUTIONS LLC requests that companies maintain the confidentiality of the Job Listing Applications and profiles/documentation they receive through the Services, SAWLUTIONS LLC cannot and does not guarantee that the information you provide will be held in confidence or properly secured by the applicable recipient.
As an Independent Contractor you are responsible for making sure your rights as an Independent Contractor are protected. As an Independent Contractor:
You are paid by the project instead of receiving an hourly, weekly or monthly wage;
You provide your own tools, equipment or materials;
You are free to perform services or work for other clients;
You are free to work off-site and are not required to work during established hours;
You are free to subcontract out some of the work to others; and
You are free to complete the project at your own discretion and are not given specific instructions by the employer.
You are responsible for compliance with federal, state, and local laws, regulations and tax obligations.
If you suspect a Company may be trying to contract you for work that would be considered the work of an employee, notify SAWLUTIONS LLC immediately and contact an attorney to advise you.
References for Independent Contractors:
Independent Contractors: https://www.workplacefairness.org/independent-contractors#3
Department of Labor: https://www.irs.gov/
Internal Revenue Services: https://www.irs.gov/
IRS Self Employed Tax Center: https://www.irs.gov/businesses/small-businesses-self-employed/self-employed-individuals-tax-center
- ADDITIONAL TERMS THAT APPLY TO COMPANIES/ PROVIDERS OF JOB LISTING ADVERTISEMENTS
- Content Rules
With respect to all Job Listing Advertisements that you submit, make available, provide, post or distribute, whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that (i) the content of Job Listing Advertisements (whether owned by you or your clients), will comply with advertising standards and applicable laws; (ii) you have the necessary rights to permit the publication and use of Job Listing Advertisements by SAWLUTIONS LLC pursuant to this Agreement; (iii) the use, reproduction, distribution or transmission of Job Listing Advertisements will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) the content of Job Listing Advertisements shall comply with the then-current versions of this Agreement and Job Posting Rules (referenced below); and (v), you have the authority to grant permission to SAWLUTIONS LLC to wrap or collect Job Listing Advertisements from applicable websites if necessary, to include in distributions and any such wrapping will not cause SAWLUTIONS LLC to violate the rights of any third party. You understand and agree that you are solely responsible for any liability arising out of publication of Job Listing Advertisements or material to which users can link though such Job Listing Advertisements. You agree to indemnify and hold SAWLUTIONS LLC and its members, subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with Job Listing Advertisements provided by you or any other content provided by you, or your breach of this Agreement.
You agree not to post or promote any Job Listing Advertisements that: contain inaccurate, false, or misleading information; contains any material that would classify the “Independent Contractor” as and employee; contain any benefits of an “employee”; contains evaluation systems outside of requested before and after images; require any training that is outside of “industry standard”; contains a salary pay, hourly pay, bonus’ or withholds tax; contains ongoing specific hours of work; contains specific tools or equipment to be used; contains provided tools or equipment; contain “hidden” keywords or keywords that are irrelevant to the opportunity being presented; sell, promote or advertise products or services; endorse a particular political party, political agenda, or political position or promote a particular religion; advertise job listing openings located in other countries outside of the United States, require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings or (vii) age; contain content or links to content that exploit people in a sexual, violent or other manner, or solicits personal information from anyone under the age of 18; includes any screening requirement or criteria where such requirement or criteria is not a bona fide a contract requirement for the role; involves any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; contain content that violates applicable laws; requires citizenship or lawful permanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract; contain any federal, state, local or other violations to an independent contractor; contain links to any site competitive with SAWLUTIONS LLC other than to an actual contract job posting; or do not otherwise comply with the then-current Job Rules (collectively, “Job Posting Rules”).
Additionally, Job Listing Advertisements must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to independent contractors, labour and employment, and anti-discrimination.
As an Employer:
The burden is on you to prove that a worker is an independent contractor and not an employee; It is your responsibility to keep accurate and up to date records for your protection;
You are to comply with all federal, state, and local laws, regulations, labor laws, and tax requirements;
You must provide a contract for the services you are contracting
You are responsible to verify all required documentation of the Independent Contractor.
References for Companies and Employers:
Tax Reporting for Contractors: https://www.irs.gov/businesses/small-businesses-self-employed/am-i-required-to-file-a-form-1099-or-other-information-return
Independent Contractors: https://www.workplacefairness.org/independent-contractors#3
Department of Labor: https://www.dol.gov/
Internal Revenue Service: https://www.irs.gov/
How to Hire an Independent Contractor: https://www.thebalancesmb.com/hiring-and-paying-an-independent-contractor-398624
What Forms are Needed to Hire an Independent Contractor: https://www.zenefits.com/workest/what-forms-do-you-need-to-hire-an-independent-contractor/
- Distribution of Job Listing Advertisements and with Access to the Independent Contractor Database
SAWLUTIONS LLC will make reasonable efforts to distribute Job Listing Advertisements to SAWLUTIONS LLC services, and/or other entities in our distribution network, or in job listing alert emails and texts (where an Independent Contractor has opted-in to receive such alerts) (collectively, “Distribution Channels”). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Listing Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by an Independent Contractor. You accept that entities in the Distribution Channels have no obligation to use or display a Job Listing Advertisement and may reject a Job Listing Advertisement for any reason or no reason, whether you are on a paid Subscription Plan, or a trial or free subscription, and even if you have paid for a “Premium Post”. You agree that SAWLUTIONS LLC is not liable to you or any third party if your Job Listing Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Listing Advertisements not posted or distributed. By submitting a Job Listing Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on SAWLUTIONS LLC websites.
We make no guarantee as to the number or quality of contractor candidate that you will receive as a result of your Job Listing Advertisement. You are solely responsible for interviewing, performing background and reference checks on, reviewing documentation, verifying information provided by, and selecting an appropriate candidate, including but not limited to insurance, licenses, workers compensation exemptions and other federal, state, or local requirements of independent contractors. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Listing Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Listing Advertisements.
- Authorized Users
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each, an “Authorized User”). Additionally, you agree that: log-in credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with SAWLUTIONS LLC; (v) you will promptly notify SAWLUTIONS LLC of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with SAWLUTIONS LLC with respect to investigation of any suspected or alleged violation of this Agreement and any action by SAWLUTIONS LLC to enforce this Agreement. SAWLUTIONS LLC may suspend, limit, condition, or terminate an Authorized User’s access to the Services or any features thereof, in the event that SAWLUTIONS LLC reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
- Removal of Advertisements
You acknowledge and agree that SAWLUTIONS LLC may, with no liability or penalty, remove any Job Listing Advertisement or other content, communication or information posted, which in the sole judgment of SAWLUTIONS LLC, violates or may violate this Agreement, applicable laws, rules or regulations, or third party terms; or may adversely affect SAWLUTIONS LLC; or is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
- Independent Contractor Database
If your Subscription Plan includes access to the Independent Contractor Database, then subject to the terms and conditions of this Agreement, SAWLUTIONS LLC hereby grants you a limited, revocable, non-transferable, non-sub-licensable, non-exclusive right to access the Independent Contractor Database for the limited purpose of viewing and/or downloading the number of profile/documentations permissible under your Subscription Plan for the sole purpose of seeking Independent Contractors for legitimate contractual opportunities. You shall not use automated computer programs or software to download profile/documentation or to extract Data (defined below), and shall not resell or sub-license access to the Independent Contractor Database or any profile (including Data). You further agree that you shall not use the Independent Contractor Database or its contents to market or sell products or services to the data subjects whose profiles comprise the Independent Contractor Database. References to “profile” or “documentation” as used herein, will include curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person’s experience and qualifications. Notwithstanding anything to the contrary in this Agreement, SAWLUTIONS LLC reserves the right to limit the amount of information (including profile views and downloads), that may be accessed in any time period to mitigate any overload to the Services or in response to any abuse of the Services. The Independent Contractor Database shall not be used in any manner that adversely affects SAWLUTIONS LLC business, imposes an unreasonable or disproportionately large load on SAWLUTIONS LLC infrastructure, or interferes with the ability of others to access the Independent Contractor Database. SAWLUTIONS LLC reserves the right to suspend or terminate access to the Independent Contractor Database or terminate the Agreement in the event of any non-compliance with the Agreement or any other agreement you have with SAWLUTIONS LLC. You shall remain primarily responsible for ensuring that Authorized Users comply with the terms of this Agreement. If an Independent Contractor opts out of the Independent Contractor Database at any time, SAWLUTIONS LLC reserves the right to block access to, and/or remove, the Independent Contractor’s profile/ from the Independent Contractor Database. You accept that SAWLUTIONS LLC does not verify whether any telephone number contained within a profile/documentation is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the profile/documentation is in compliance with applicable laws related to telephone calls, automated dialing, SMS, spam, fax, and unsolicited communications.
You represent, warrant and promise that: (i) you will use the Independent Contractor Database and the personal information contained within profile/documentations (collectively, “Data”), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data from Independent Contractor Database to a third party, unless you are an authorized entity acting on behalf of a client, and you are accessing the profile/documentations to source candidates on behalf of your clients for legitimate contract purposes, and such disclosure falls within the scope of the appropriate Subscription Plan for the Services; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data obtained from the Independent Contractor Database from loss, misuse, unauthorized access, disclosure, alteration or destruction, and you will notify SAWLUTIONS LLC immediately in the event of any suspected or actual unauthorized access or disclosure of profile/documentations; (iv) Authorized Users shall not share login credentials with any other party; (v) you will not use the contact information from profile/documentations to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source Independent Contractors for business opportunities; and (vi) you will respect the privacy choices of Independent Contractors.
SAWLUTIONS LLC makes no representations or warranties regarding any content provided or generated by third parties, including, without limitation, profile/documentations. You accept that SAWLUTIONS LLC acts as a passive conduit for receipt of profile/documentations and has no obligation to screen profile/documentations, verify the identity of the person submitting a profile/documentation, or verify the accuracy of the data or content contained in profile/documentation. It is your responsibility to conduct due diligence as regards the individual Independent Contractor-subject of each profile/documentation. We do not guarantee any response or the number of responses to your Job Listing Advertisements or that any responses will be from individuals suitable for the job listing you advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that individuals who respond to your Job Listing Advertisements have the required qualifications to meet your requirements.
- Independent Contractors
SAWLUTIONS LLC may inform Independent Contractors that you have taken an action with respect to a profile/documentaion or a job listing. You agree to deal fairly and professionally with individuals who may respond to your Job Listing Advertisement and agree to indemnify us from and against any claim brought by an individual against SAWLUTIONS LLC arising from your breach of this Agreement or any other agreement you have with SAWLUTIONS LLC.
- Data Protection.
You agree to implement appropriate physical, technical, organizational, and administrative measures (a) to prevent unauthorized or unlawful processing of any Personal Data; for the purposes of this Agreement, ‘Personal Data’ means data which relates to a living individual who can be identified (i) from such data, or (ii) from such data together with other information which is in your possession or is likely to come into your possession; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend SAWLUTIONS LLC at your own expense against all costs, claims, damages or expenses incurred by SAWLUTIONS LLC for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.
Visiting WWW.SAWLUTIONSLLC.COM or sending emails to PORTAL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PORTAL is not responsible for third party access to your account that results from theft or misappropriation of your account. PORTAL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Eighteen
PORTAL does not knowingly collect, either online or offline, personal information from persons under the age of Eighteen. If you are under 18, you may not use WWW.SAWLUTIONSLLC.COM without special permissions from WWW.SAWLUTIONSLLC.COM and a legal guardian.
YOU MAY CANCEL YOUR SUBSCRIPTION TO SAWLUTIONS LLC AT ANY TIME. CANCELLATION IN SERVICE WILL FORFEIT ACCESS TO YOUR PROFILE, ADVERTISING RIGHTS, INBOX MESSAGING, DOCUMENTATION AND ANY OTHER UPLOADS THAT ARE AVAILABLE TO SUBSCRIPTION SERVICES. ANY CANCELLATIONS MADE AFTER 30 DAYS OF SERVICE WILL NOT QUALIFY FOR A REFUND.
Links to Third Party Sites/Third Party Services
WWW.SAWLUTIONSLLC.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PORTAL and PORTAL is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PORTAL is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PORTAL of the site or any association with its operators.
Certain services made available via WWW.SAWLUTIONSLLC.COM are delivered by third party sites and organizations. By using any product, service or functionality originating from the WWW.SAWLUTIONSLLC.COM domain, you hereby acknowledge and consent that PORTAL may share such information and data with any third party with whom PORTAL has a contractual relationship to provide the requested product, service or functionality on behalf of WWW.SAWLUTIONSLLC.COM users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PORTAL or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PORTAL content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PORTAL and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PORTAL or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
PORTAL has no obligation to monitor the Communication Services. However, PORTAL reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PORTAL reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
PORTAL reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PORTAL’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PORTAL does not control or endorse the content, messages or information found in any Communication Service and, therefore, PORTAL specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PORTAL spokespersons, and their views do not necessarily reflect those of PORTAL.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to WWW.SAWLUTIONSLLC.COM or Posted on Any PORTAL Web Page
PORTAL does not claim ownership of the materials you provide to www.sawlutionsllc.com (including feedback and suggestions) or post, upload, input or submit to any PORTAL Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PORTAL, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. PORTAL is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PORTAL’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Service is controlled, operated and administered by PORTAL from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PORTAL Content accessed through www.sawlutionsllc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless PORTAL, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PORTAL reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PORTAL in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and PORTAL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SAWLUTIONS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SAWLUTIONS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAWLUTIONS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PORTAL reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PORTAL as a result of this agreement or use of the Site. PORTAL’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PORTAL’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PORTAL with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PORTAL with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PORTAL with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
PORTAL reserves the right, in its sole discretion, to change the Terms under which www.sawlutionsllc.com is offered. The most current version of the Terms will supersede all previous versions. PORTAL encourages you to periodically review the Terms to stay informed of our updates.
PORTAL welcomes your questions or comments regarding the Terms:
4981 McKnight Rd #11006
Pittsburgh, PA 15237
Effective as of October 01, 2019