These Terms of Service are a legally binding contractual agreement between You (“User,” “You,” “Your”) and Slingtask, LLC (“Slingtask”, “the Company,” “We”, “Us,” “Our”). By visiting or using the services available from the domain and sub-domains of www.slingtask.com (the “Website”), You agree to be legally bound by these Terms of Service.

We may revise and update our Terms of Services at any time by posting such revised or updated Terms of Services on or at this Website. We shall provide notice about any revisions or updates by sending such notice via email to the email address listed in Your client account. Any changes to these Terms of Services will become effective upon posting such revisions or updates. If You do not agree with the changes, You must close Your account within 30 days of the change. If, after 30 days of the change, You use, view, or access Your account, You will be deemed to have understood and agreed to the updated and/or revisions of the Terms of Services.

Slingtask.com is a marketplace that enables companies (“Clients”) to request certain tasks (“Tasks”) be performed by a crowd of freelance workers (“Slingtaskers”). We may add, delete or modify some or all of such Tasks at any time at our sole discretion.

Registration

(A) Eligibility

To become a Client and access Tasks through our Website, You must be a legal entity and You must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms of Service. By becoming a Client, You agree to: (1) abide by the Terms of Service and the processes, procedures, and guidelines described throughout the Website; (2) be financially responsible for Your use of the Website and the purchase of Tasks. We reserve the right, in Our sole discretion, to refuse, suspend, or terminate Services to anyone.

(B) Registration

To become a Client and access Tasks, You must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms You access on the Website, and to update this information to maintain its truthfulness, accuracy and completeness.

(C) Accounts and Profiles

General. Once You have registered with the Website as a Client, the Website will create Your Account and associate it with an account number.

Username and Password. During registration, You will be asked to choose a username/email and password for the Account. As a Client, You agree and You are entirely responsible to safeguard and maintain the confidentiality of the username and password You use to access this Website. You authorize Us to assume that any person using the Website with Your username and password is You or is authorized to act for You. You agree to notify Us immediately if You suspect any unauthorized use of the account.

If Your company is located in one of the following states, any balance in Your account up to $25 is non-refundable and can only be used toward the purchase of Tasks: Connecticut, Texas and Vermont. Any balance in Your account in excess of $25 is refundable at any time (other than amounts that have been reserved with respect to a Task that You ordered). If Your company is not located in one of the states listed above, Your entire account balance is refundable at any time (other than amounts that have been reserved with respect to a Task that You ordered).

If Your account is inactive, account fees will be applied to any refundable portion of Your account balance. No fees will be required to be applied to any non-refundable portion of Your account balance. Please see the Slingtask.com Fees section below for details.

You acknowledge that refund requests must be made via email to Us. You acknowledge that We have the final decision regarding refunds, and PayPal disputes of any kind may result in the closure of your account.

It is Your responsibility to inform Us if Your company has relocated. Otherwise, We will use the most recent address that You provided for your account.

Relationship

(A) Client and Slingtasker

1. Job Agreement: The engagement, contracting and management of a Task are between Client and a Slingtasker.

2. Independence: Client and Slingtaskers both acknowledge and agree that their relationship is that of independent contractors. The Slingtasker shall perform Tasks as an independent contractor and nothing in these Terms of Service shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Client and Slingtasker or between You and Us.

(B) Clients, Slingtaskers and Slingtask.com

1. General: We are not a party to the dealing, contracting and fulfillment of any Task between a Client and Slingtaskers. We are not responsible for and will not control the manner in which Slingtaskers operate and are not involved in the hiring, firing, discipline or working conditions of the Slingtaskers. We will not provide any Slingtasker with any materials or tools to complete any Job.

2. Third-Party Beneficiary: Client and Slingtaskers both acknowledge and agree that the reputation, value, and goodwill of the Website depend on their adherence to their respective terms of service. Client and Slingtaskers therefore appoint Slingtask.com as a third-party beneficiary of their agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, Us by these Terms of Service. Clients and Slingtaskers further agree that We have the right to take such actions with respect to their Accounts, including without limitation, suspension, termination, or any other legal actions, as We in Our sole discretion deem necessary to protect the value, reputation, and goodwill of the Website.

3. Agency: These Terms of Service and any registration for or subsequent use of this Website by any Client will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between You and Us, except and solely to the extent expressly stated.

4. Taxes: You agree that You will abide by any and all applicable state and federal tax statutes, regulations and common law.

Slingtask.com Fees

We deduct a fee from payments to Slingtaskers made by Clients using our marketplace so that We can pay Slingtaskers. The fee depends on the Task and is subject to change. No refunds of fees already paid will be given. If We exercise our right to cancel an Account as provided under these Terms of Service, at any time, We will not refund the fees already paid.

Authorized Payments are Final: Your deposit of funds into Your Account constitutes Your agreement to pay for any amounts which You authorize Us to pay Slingtaskers and retain for Ourselves from Tasks. Such payments, once authorized, are final. When a Task is completed, You acknowledge that We have provided a complete service in respect of the payment made by You for the Task and You hereby release Us from any and all liability with respect to such payment.

Fraudulent Transactions: Erroneous or Duplicate Transactions; Charge Backs. We reserve the right to seek reimbursement from You, and You will reimburse Us, if We discover a fraudulent transaction, erroneous or duplicate transaction, or if We receive a charge back or reversal from any Client credit card company, bank, or PayPal for any reason. You agree to and acknowledge Our right to investigate any and all transactions for fraud. Further, You agree to cooperate with any reasonable requests made by Us in an effort to investigate fraud. You agree that We have the right to obtain such reimbursement by charging Your Account, deducting amounts from future transfers, charging Your credit card or any bank account associated with Your Account, or obtaining reimbursement from You by any other lawful means, including using a third party collection agency. Failure to pay for reimbursements of a charge back or a reversal of payment is cause for termination of Your Account. You also agree to pay any interest charges, attorneys’ fees and other costs of collection incurred by Us in collecting from You the authorized but unpaid amount. In such case, We may, at Our option, stop processing any further payments made by You and apply any amounts then held by Us on Your behalf toward any deficiencies, losses or costs that We have incurred as a result of Your use of Slingtask.com. We may also make appropriate reports to credit reporting agencies, financial institutions, tax agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution.

Maintenance Fees. We consider your Account to be inactive if You have not logged into or otherwise accessed or used your Account for a period of twelve (12) months. You can reactivate your account simply by logging in. If your Account is inactive, the following fees will apply, except as otherwise required by law:

If your company is not based in Connecticut, Texas or Vermont and your Account has remained inactive for six (6) months (i.e., a total of 18 months have passed since your last activity with respect to your Account), We shall charge your account balance: (a) a one-time account inactivity fee equal to $20; and (b) each month thereafter, an account maintenance fee equal to the lesser of $5 per month, or the remaining balance in your account, until your balance is $0 or You reactivate your account. In no case would You owe more than the remaining balance in your account. After your account balance reaches $0, We shall have the right to close your account.

If your company is based in Connecticut, Texas or Vermont and your account has remained inactive for six (6) months (i.e., a total of 18 months have passed since your last activity with respect to your account), We shall charge against the refundable portion of your account balance: (a) a one-time account inactivity fee equal to $20; and (b) each month thereafter, an account maintenance fee equal to the lesser of $5 per month, or the remaining balance in your account, until the refundable portion of your balance is $0 or You reactivate your account. No fees shall be charged against the non-refundable portion of your account balance (i.e., any account balance equal to $25 or less).

At least two weeks prior to charging the initial inactivity fee as set forth above, We shall attempt to contact to You via e-mail at the e-mail address You provided.

Term; Termination And Suspension

A. These Terms of Service shall become effective as Your contractual agreement upon Your use of the Website, and shall continue until Your Account is terminated by You or Us as provided for under the terms of this section.

B. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by these Terms of Service at any time upon notice to the other party. In such event, Your Account is automatically terminated and (1) We shall continue to perform those Tasks necessary to complete any open transaction between You and Slingtaskers; and (2) You shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to Us for any Tasks, including to any Slingtasker who performs the Tasks.

C. Any termination of an Account will automatically lead to the termination of all related profiles.

D. Without limiting our other remedies, We may issue a warning, or temporarily suspend, indefinitely suspend or terminate Your Account or a Task, and refuse to provide any or all services to You if: (1) You breach the letter or spirit of any terms and conditions of these Terms of Service or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Website; (2) We are unable to verify or authenticate any information You provide to Us; or (3) We believe in our sole discretion that Your actions may cause legal liability for You, Slingtaskers or for Us or are contrary to the interests of the Website. Once indefinitely suspended or terminated, You must not continue to use the Website under the same Account, a different Account, or register under a new Account.

E. In addition, violations of these Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

F. When Your Account is terminated for any reason, You may no longer have access to data, messages, files and other material You keep on the Website. The material may be deleted along with all Your previous posts and proposals.

Privacy And Confidentiality

Your use of the Website and the services provided therein and thereby is governed by the terms of these Terms of Service and our Privacy Policy. It is Your responsibility to review Our Privacy Policy, which is incorporated by reference, and We suggest that You review the Privacy Policy and print a copy for Yourself. The Privacy Policy is posted on the Website and may be updated from time to time. Unfortunately, We cannot ensure that disclosure of Your personal information will not occur in ways not described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties upon subpoena, and You authorize Us to disclose information as We believe, in our sole discretion, is necessary or appropriate.

Representations, Disclaimers, Limitations And Exclusions

(A) Client Representations and Warranties

All Clients represent, warrant, and agree:

1. to grant access to an Account only to users authorized to act on behalf of the Client and only in accordance with these Terms of Service.

2. to be fully responsible and liable for any action of any user who uses Your Account.

3. not to use Your Account, username, or password that You are not expressly authorized to use.

4. not to allow any third party who is not authorized to do so to use Your Account at any time.

5. not to use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs, robots or denial-of-service attacks, intended to damage or interfere with the operation of the Website or any transaction being conducted through the Website.

6. not to intercept or expropriate any system, data or personal information from the Website.

7. not to take any action that imposes an unreasonable or disproportionately large load on the Website infrastructure, including but not limited to “spam” or other such unsolicited mass emailing techniques.

8. that You have the right and authority to enter into the Terms of Service and to transact business hereunder.

9. that You are using the Website solely for the purpose of entering into a bona fide business transaction with Slingtaskers.

10. that You will not use the Website or its services to defraud or mislead any person or entity, including without limitation Us or any Slingtasker.

11. that You will not use the Website to violate any law or regulation of the United States of America or any international law or treaty.

12. that You are not an entity located in any country subject to economic sanctions imposed by the government of the United States of America. The current list of US sanctions can be found here.

13. that You are not currently and have never been listed as a Specially Designated National by the United Stated Department of Treasury’s Office of Foreign Assets Control (“OFAC”).

14. that You will not use the Website in connection with any “prohibited transaction” as defined under the Cuban Assets Control Regulations, 31 C.F.R. Part 515; Iranian Transactions Regulations, 31 C.F.R. Part 560; or Sudanese Sanction Regulations, 31 C.F.R. Part 538; Former Liberian Regime of Charles Taylor Sanctions Regulations, 31 C.F.R. Part 593; Burmese Sanctions Regulations, 31 C.F.R. Part 537; Foreign Assets Control Regulations as they relate to North Korea, 31 C.F.R. Part 500; Executive Order 1338; or any other law, regulation or executive order of the United States of America.

(B) Warranty Disclaimer

THE SERVICES PROVIDED BY US OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEBSITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

(C) Limitation of Liability

IN NO EVENT SHALL WE OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER REGISTERED USER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE WEBSITE SERVICES PROVIDED UNDER THESE TERMS OF SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF MONIES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

(D) General Release

If You have a dispute with a Slingtasker, You release Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

(E) State Specific Release

YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

(F) Indemnity

You agree to defend, hold harmless and indemnify Us from and against any and all losses, costs, expenses, damages or other liabilities incurred by Us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against Us in connection with (a) Your use of the Website; (b) Your decision to supply credit information via the Website, including personal financial information; (c) Your decision to submit Tasks; (d) Your breach of any provision of these Terms of Service; (e) any negligent or intentional wrongdoing by any Slingtasker; (f) any act or omission of Yours with respect to the payment of fees to Us or any Slingtasker; (g) Your dispute of or failure to pay any invoice or any other payment; or (h) Your obligations to a Slingtasker. Any such indemnification shall be conditioned on our: (i) notifying You in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (ii) cooperating with You in the defense or settlement thereof; and (iii) allowing You to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which We become aware to the applicable government agencies or otherwise.

(G) Links

The Website may contain links to third-party Web sites not under the control or operation of Slingtask.com. When We provide links, We do so only as a convenience and do not endorse and are not responsible for the content of any linked site or any link contained in a linked site.

(H) Data

You are responsible for creation, storage, and backup of Your business records. These Terms of Service and any registration for or subsequent use of this Website will not be construed as creating any responsibility on Our part to store, backup, retain, or grant access to any information or data for any period.

Miscellaneous Terms And Conditions

(A) Compliance with Law

You are responsible for compliance with applicable U.S. state, U.S. federal and international laws, regulation and treaties, keeping in mind that access to the contents of this Website may not be legal for or by certain persons or in certain countries.

(B) Modification and Waiver

We will not be considered to have modified or waived any of our rights or remedies under these Terms of Service unless the modification or waiver is in writing and signed by an authorized representative of Us. No delay or omission by Us in exercising Our rights or remedies will impair Our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy.

(C) Severability

If any part of these Terms of Service is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.

(D) Assignment or Transfer

You will not transfer, assign or delegate Your rights or obligations (including Your Account) under these Terms of Service to anyone without the express written permission of Us, and any attempt to do so will be null and void. We may assign these Terms of Service in its sole discretion.

(E) State Specific Legal Notice

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Slingtask, LLC, located in Las Vegas, NV is the provider of the electronic commercial service on the Website. You are notified in advance regarding any applicable service charges. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210. Upon Your request, You may have this Agreement sent to You by email. Please feel free to contact Us to resolve a complaint regarding any aspect of service relating to the Website by writing to the above address, or contact Us at clients@slingtask.com.

(F) Force Majeure

Except for the payment of fees to Us, neither of the parties to these Terms of Service shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

(G) Notice

All notices required or permitted to be given under these Terms of Service, shall be via email or in writing and shall be deemed to have been duly given if delivered personally or sent by email or mailed first-class, postage pre-paid, by registered or certified mail (notices sent by email shall be deemed to have been given on the date sent; those mailed shall be deemed to have been given ten (10) business days after mailing) to the addresses set forth below or to such other address as any party shall designate by notice in writing.

If to Slingtask

Attention CEO

8076 W Sahara Ave, Suite 200

Las Vegas, NV 89117

If to Client:

To the address or email associated with Client’s access or login information.

(H) Headings and Labels.

The boldface paragraph headings in these Terms of Service are included for ease of reference only and have no binding effect.

(I) Integration.

These Terms of Service and all documents referenced in these Terms of Service (including the policies listed and available by hyperlink) comprise the entire agreement between You and Us with respect to the use of this Website and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Website that link to or are linked from the Website.