Terms of Use

Last updated 01/3/2018

1. BINDING EFFECT. These Term of Use (the “Terms” or “Agreement”) are legally binding. By using the application service located at EezyBee (the “Site”) or any services provided in connection with the application service (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Go Proxima, Inc. (“Company”) from time to time in its sole discretion. Company will post a notice on the Site and Service any time these Terms of Use have been changed or otherwise updated. Company will also send notice of the updated Terms of Use to you to the email address registered with the Site and Service. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

By registering or using the Site to offer, post or provide services, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Jobs and in relation to the specific job they are performing.

2. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by clicking here (Privacy Policy). Company’s privacy policy is expressly incorporated into this Agreement by this reference.

When you are required to open an account to use or access the Site, you must complete the registration process by providing complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

EezyBee is not in the business of providing Jobs. OUR SITE IS A NEUTRAL PLATFORM. WE DISCLAIM ALL LIABILITY ARISING OUT OF USERS’ LISTINGS, INTERACTIONS AND TRANSACTIONS. WE DO NOT ENDORSE ANY PARTICULAR SERVICE PROVIDER AND DO NOT GUARANTEE THAT THEY WILL PERFORM THE WORK SATISFACTORILY. WE ARE NOT RESPONSIBLE FOR ISSUING REFUNDS. Service Seekers understand and agree that by creating and maintaining an account on the Site, they receive only the ability to use the Site to access persons interested in receiving Jobs and related tools, including but not limited to the ability to message Service Providers or schedule appointments, that facilitate the provision of Jobs. Service Providers understand and agree that using the Site does not guarantee that any Service Seekers will engage them for Jobs.

Service Seekers understand and agree that they are customers of the Company, and are not employees, joint venturers, partners, or agents. Service Seekers acknowledge that they set or confirm their own prices, provide their own equipment, and determine their own work schedule. The Company does not control, and has no right to control, the services a Service Seeker provides (including how the Service Provider provides such services) if the Service Provider is engaged by a Service Seekers, except as specifically noted herein. Service Seeker is responsible for disclosing his/her location and/or physical address. The Company does not disclose Service Seeker’s and Service Provider’s locations or physical addresses; thus, the Company is not liable for disclosing the location and/or physical address of the Service Seeker or Service Provider. Often Service Provider will perform the Job on Service Seeker’s property. The Company is not liable for any damages which occur on the Service Seeker’s property. The Company does not allow posting of jobs related to illegal activities under the law on its site. The Company has the right to remove any jobs related to illegal activities.

SERVICES. Company provides a platform to allow Service Seekers of the platform to post Jobs and Service Provider to receive job requests. Company provides a platform to allow Service Providers of the platform to post offered services and Service Seeker to receive job offers. Service Seeker can create an account allowing them to post Jobs, which Service Providers can bid on. Service Seeker job posting includes the job title, job description, preferred expertise of the Service Provider, how much the Job’s completion price, and expertise of the Service Provider. The Service Seeker grants the Company to store the history of Service Seeker’s jobs and payment information. Service Seeker grants the Company to hold the Credit Card information and any payment from the Service Seeker until such payment has been transfer to the Service Provider.

The Company stores the Service Provider’s name, address, email address, and bank routing information. The Company stores the Service Provider’s expertise, service title, payment preference, service category, service provider’s location, distance from the service location, business license and background check documents. The Company requires the Service Provider to provide its business license on file and background check documents on file in order to allow the Service Provider to receive and apply for Jobs on the Site. The Company does not verify the validity of the business license from both Service Seekers and Service Providers. The Company is not liable for verifying the background of a Service Provider. The Company does not endorse any specific background check service. Such documents are only for review purposes by the Company and are strictly confidential.

3. YOUR OBLIGATIONS.

By using our Site and Service, you represent, warrant and agree that:

a) You will only use the Site and Service for legal purposes and you will remain responsible for complying with all applicable laws and regulations.

b) You will only post truthful listings and reviews.

c) You will perform all obligations undertaken when working on a job oh hiring someone via our Site.

d) You will provide a valid payment method information when necessary and pay all sums due when due.

e) It is your sole responsibility to ensure that the service providers/businesses are licensed, certified, insured, bonded to the extent that your jobs require.

f) You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.

g) Our Site may contain typographical errors or other inaccuracies.

h) Our Site content may not be copied for republication, either online or on paper, without our prior express written permission. However, you can share our content via built-in social sharing buttons.

i) We have the right to refuse access or disable your account at any time for any reason or no reason without notice, explanation or liability of any kind.

j) All notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Service.

k) In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

4. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

5. USER SUBMISSIONS

The personal information you submit to EezyBee is governed by the Go Proxima Privacy Policy (Privacy Policy). To the extent there is an inconsistency between this Agreement and the Go Proxima Privacy Policy, this Agreement shall govern.

The Site contains functionality that allows users to upload content to the Site. You agree that you will not upload or transmit any communications or content of any type to the Site that infringe or violate any rights of any party. By submitting communications or content to the Site, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Company by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Company by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Site or if you submit any business information, idea, concept or invention to the Company by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Company a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Company may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to Company by email.

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content except for the Jobs performed by the Service Provider. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

6. USER SUBMISSIONS — IMAGES

You agree to only post or upload Images that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Posting photos of celebrities and cartoon or comic images usually violates third party copyright.

To protect your privacy, you agree that you will not submit any Images that contains Personally Identifiable Information (such as name, phone number, email address or web site URL) of you or of anyone else. Uploading media such as images of other people without their permission is strictly prohibited.

By uploading any Images on the EezyBee site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein.

It is strictly prohibited to upload Images of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, and the Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

By uploading any Images, (a) you grant to the Company a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Company to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

Company reserves the right to review all Images submitted to the Site and to remove any Image for any reason, at any time, without prior notice, at our sole discretion.

7. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or investment. Company reserves the right to terminate your receipt, transmission, or other distribution of any such Content using the Service, and, if applicable, to delete any such Content from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

8. COMPANY’S PROPRIETARY RIGHTS. You acknowledge and agree that the Company Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by the Company or the applicable licensor (such as an advertiser), you agree not to modify, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content, in whole or in part.

9. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Go Proxima, Inc.
support@eezybee.com

10. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

11. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

12. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY EXCEED THE FEES RECEIVED BY COMPANY FOR SERVICE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

13. AFFILIATED SITES. Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

14. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

15. INDEMNIFICATION and RELEASE

You agree to release, defend, indemnify, and hold Go Proxima and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site or your violation of these Terms; (b) your User Content or the Collective Content; (c) your interaction or transaction with any Site user; and (d) the request or receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.

If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

16. COPYRIGHT. All contents of Site or Service are: Copyright © 2017 Company, Go Proxima, Inc. All rights reserved.

17. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Santa Clara County, California, USA in all disputes arising out of or related to the use of the Site or Service.

18. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

20. DISPUTE RESOLUTION. Any and all disputes between you and Go Proxima which arose out of this Agreement will be resolved in accordance with the Go Proxima Dispute Resolution Policy, which is available for your review here:

Fees and Dispute Policy

21. STATUTE OF LIMITATIONS. You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Site or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

22. MODIFICATIONS. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

23. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.