Terms of Service for AssetMobile.com
IMPORTANT: Before using www.AssetMobile.com all users must carefully consider everything within this document before using choosing to using www.AssetMobile.com.
This is the 2nd installment of the Terms of Service and may be modified at any time without prior notification.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ASSETMOBILE.COM OFFERS YOU ACCESS TO OUR SERVICES.
Acceptance of Terms of Service
This Terms of Service ("Terms of Service" or "TOS") is a contract between you and Asset Mobile LLC if you are a user of www.assetmobile.com. This Terms of Service is a contract between you and AssetMobile.com (“Site”). The Site is offered to you conditional on your acceptance of the TOS. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this TOS.
This Terms of Service and all policies and terms incorporated by reference constitute the entire agreement between you and AssetMobile.com as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease use of the Site. Please note that we may close, suspend, or limit your access to your AssetMobile.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this Terms of Service and its associated policies incorporated by reference.
Amendment of Terms of Service
AssetMobile.com may amend or modify this TOS in whole or in part from time to time, without notice, by posting an amended TOS on the Site or any linked information. Such updated version of the TOS will be effective at the time we post it.
AssetMobile.com offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of AssetMobile.com's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorized use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
AssetMobile.com provides a venue to introduce Users who wish to provide professional services ("Contractors") and Users who seek such professional services ("Buyers")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND ASSETMOBILE.COM
AssetMobile.com reserves the right to terminate the participation of any User without reason but expressly including any User that AssetMobile.com judges to be in violation of the TOS. Without limiting the foregoing, AssetMobile.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The only parties to a project are the Contractor and the Buyer. Upon the Buyer awarding a project to a Contractor and the Contractor’s acceptance of a project on the Site, the Buyer agrees to purchase, and the Contractor agrees to deliver the Provider Services in accordance with the following agreements: (1) the Terms of Service; and (2) the User Services Agreement between the Buyer and Contractor available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Contractor and Buyer uploaded to the Site, to the extent not inconsistent with the Terms of Service; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the TOS.
You agree not to enter into any contractual provisions in conflict with the TOS. Any provision of a member contract in conflict with the TOS is void.
3.3 User Responsibilities
The responsibilities of the Contractor and Buyer are set out in the Services Agreement between Contractor and Buyer.
When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this TOS.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as an Buyer or Contractor, or in any other uses you make of the Site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, www.AssetMobile.com has no responsibility for enforcing any User rights.
3.4 No Insurance
www.AssetMobile.com does not offer any form of insurance or other Buyer or Contractor protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Buyers and Contractors. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited Buyer or Contractor protection or chargeback services and you should familiarize yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this Terms of Service creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by www.AssetMobile.com
www.AssetMobile.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Contractors and to enable contractors too efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and www.AssetMobile.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that www.AssetMobile.com is not involved in the actual transaction between the Contractors and Buyers. As a result, www.AssetMobile.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Contractors to provide the services or the Buyers to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that www.AssetMobile.com provides should not be considered professional, medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by www.AssetMobile.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
www.AssetMobile.com provides unmonitored access to third-party content. www.AssetMobile.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. www.AssetMobile.com does not control nor always review the web sites to which we link from the Site. www.AssetMobile.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site and Users should not treat any link as such an endorsement or acceptance of veracity or value.
www.AssetMobile.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. www.AssetMobile.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using www.AssetMobile.com for User's Account.
You agree and acknowledge that unless explicitly requested, www.AssetMobile.com may display your company name, logo and public description of your projects and profile as part of the www.AssetMobile.com website(s) and / or other www.AssetMobile.com marketing materials.
All fees are set forth in the summary of www.AssetMobile.com's fees and charges which can be found on the Site. All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
www.AssetMobile.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by www.AssetMobile.com that are accessible through the Site and to cover expenses and fees www.AssetMobile.com incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts, www.AssetMobile.com transfers the remaining payment amount to the Contractor.
www.AssetMobile.com charges fees in relation to the posting of a project; selecting a Contractor; posting a premium project; hiding a project from search engines; hiding bids from other Users; posting a full time project; project commission fees; and other miscellaneous fees that are described on the Site.
Users can choose various membership programs to subscribe to different levels of participation on the Site which will incur additional fees.
5. MILESTONE PAYMENTS
5.1 Not an escrow service
www.AssetMobile.com does not operate an Escrow service. www.AssetMobile.com does have, however, a special, non-compulsory feature, which allows controlled payments to be made with respect to a project to a Contractor. Depending on the agreement of the Buyerr and Contractor, the Buyer can create an advance payment which will remain pending until: (a) the Buyer and the Contractor agree that the funds should be released to the Contractor; (b) until the Buyer and the Contractor have concluded the process of the Dispute Resolution Services (as defined below); (c) until the Buyer instructs www.AssetMobile.com to pay a Contractor that performed a service for him/her; or (d) until the Buyer acknowledges that the Contractor has completed the service fully and satisfactory.
If an Buyer does not approve of the Contractor’s work product, the Parties have the option to resolve the issue through the terms of the Dispute Resolution Services set out below.
5.2 Inactive Users
In the event that the Buyer has not provided any instruction to www.AssetMobile.com with respect to a Milestone Payment within 1 year after the day that the Milestone Payment was made, and has not logged in during that time period, such Milestone Payment will be refunded to the User account of the person who initially paid it.
6.1 Opening Account
To become a User and access the Site and Services 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 Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the funds that www.AssetMobile.com handles as your contractor. www.AssetMobile.com may receive interest on those funds. www.AssetMobile.com will not be liable for any lost interest on such funds.
All amounts are stated in and all payments will be made in US funds. www.AssetMobile.com reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account having made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your www.AssetMobile.com account or face account termination and any other remedies available to www.AssetMobile.com to recover the funds.
Any User that www.AssetMobile.com removes from the service due to violation of the Terms of Service will receive no credit or payment and will become liable for certain fees described in this TOS.
www.AssetMobile.com requires you to make all payments to www.AssetMobile.com and to make payments to and accept payments from other Users in the purchase and sale of Services for www.AssetMobile.com projects directly through the mechanisms available on the Site. You understand and agree that www.AssetMobile.com will not hold funds (including Milestone Payments) delivered to www.AssetMobile.com from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of www.AssetMobile.com in any account, at any institution, or in any other manner www.AssetMobile.com may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by www.AssetMobile.com for general corporate purposes or otherwise, provided that www.AssetMobile.com will remain contractually obligated to make payment to you, as a Contractor or Buyer, for any purchases and sales of Services provided by you through www.AssetMobile.com. To the extent www.AssetMobile.com is obligated to make payment to you, you will be an unsecured creditor of www.AssetMobile.com.
You acknowledge that: (1)www.AssetMobile.com is not a bank or other licensed financial institutions and does not provide banking services; (2) the amounts shown as on deposit, including Milestone Payments, in a User Account are not segregated into a separate account but represent unsecured obligations of www.AssetMobile.com to the User with respect to the purchase and sale of Services through www.AssetMobile.com; (3) www.AssetMobile.com is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed deposits. Your Account will not constitute a milestone. By initiating and sending payments through www.AssetMobile.com, you appoint www.AssetMobile.com as your agent to obtain the funds and hold and to transfer such funds to the Contractor or Buyer for Services, subject to these terms and conditions.
6.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will be terminated by www.AssetMobile.com.
www.AssetMobile.com reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when an Buyer rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Buyers through the Site are your responsibility and you will not hold www.AssetMobile.com liable for such. You agree that www.AssetMobile.com may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, www.AssetMobile.com assesses a US$20.00 fee to Users for credit and debit card payment chargebacks.
6.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, www.AssetMobile.com reserves the right to collect any amounts owing to www.AssetMobile.com by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by www.AssetMobile.com. These taxes will be added to fees billed to you, if applicable.
7. AVOIDING COMMISSIONS
7.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a project with another user directly (outside of www.AssetMobile.com) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Contractor being chosen, and then contacting them about the project anyway. Both parties are responsible for notifying www.AssetMobile.com if the payment amount increases (above the bid amount) after the project is closed.
You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at www.AssetMobile.com, and such activities interfere with providing such a marketplace. www.AssetMobile.com charges project commissions on all funds received by either direct transfer or Milestone Payment through the site, regardless of the final bid amount.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by www.AssetMobile.com. You may use the project message board and inbox private messaging on site to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, GTalk and Yahoo.
7.3 Providing contact information
You are prohibited from making direct contact with another User, unless it's for a project you (a Contractor) have been picked for, or you (a Buyer) have picked a Contractor for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. www.AssetMobile.com provides you with message boards, which should be sufficient for pre-project planning. The only exception to this is on "Fulltime" projects. If a project has the "Fulltime" graphic on it, that means the Employer has paid a flat fee in advance, and you ARE allowed to provide contact information in the message board.
8. USER CONTENT
The User is solely responsible for content or any other information the User provides to www.AssetMobile.com. User understands and agrees to the following:
· www.AssetMobile.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. www.AssetMobile.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for www.AssetMobile.com, harm its business operation or reputation, or cause www.AssetMobile.com to lose the services of its suppliers.
· Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No copyrighted material can be posted on the Site. This includes scripts which are sold by the author. Only posting sections, or excerpts of these scripts, as examples, will be permitted. A "section" or "excerpt" being no more than 10% of the script's contents. This is meant to protect the author's intellectual property rights.
8.2 Grant of License
Subject to clause 8.3 below, by submitting User content to www.AssetMobile.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting a portfolio, posting a project; sending messages through or to www.AssetMobile.com), you hereby grant to www.AssetMobile.com a worldwide, exclusive, sub licensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of www.AssetMobile.com (such as a portfolio of sample works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
8.3 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of the feedback, reputation and reviews you leave (whether a "Buyer" or "Contractor"), consisting of comments and a multidimensional rating (e.g. Quality, Communication, etc) together with a composite rating by www.AssetMobile.com ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with www.AssetMobile.com's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the www.AssetMobile feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to Asset Mobile LLC.
www.AssetMobile.com's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Asset Mobile LLC feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by www.AssetMobile.com or its related companies without our written permission.
9. USER RESTRICTIONS
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on www.AssetMobile.com. An example of a permissible URL would be a User's portfolio or resume page.
Contractors can only place bids that equal the total amount of money they are requesting for the project. You cannot post an hourly bid or any other abnormal type of bid. This also applies to Buyers. Buyers cannot create projects that directly or indirectly require Contractors to place hourly or other abnormal bids. The only exception, for both Buyers and Contractors, is when the project is fulltime.
The Buyer agrees that:
· The Buyer is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents and support tickets.
· The Buyer will not use the Buyer‘s Account to post false or misleading project descriptions.
· The Buyer will not post project descriptions that, in the judgment and discretion of www.AssetMobile.com, are inappropriate to www.AssetMobile.com's audience and viewers.
· The Buyer agrees to pay premium project fee if project posted should have been posted as premium.
· The Buyer agrees to pay fulltime project fee if project posted should have been posted as fulltime.
· The Buyer will not falsify the Buyer's own or any other identity.
· The Buyer will comply with all of www.AssetMobile.com's policies as posted on the Site from time to time.
The Contractor agrees that:
· The Contractor will not redistribute any of the content of the Site, including but not necessary limited to private messages, documents, and support tickets.
· The Contractor will not falsify Contractor’s own or any other identity.
· The Contractor will comply with all www.AssetMobile.com policies as posted on the Site from time to time.
9.5 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to:
· use this Site or its contents for any commercial purpose;
· access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
· violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
· take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
· deep-link to any portion of this Site for any purpose without our express written permission;
· "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorization; or
· Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
9.6 General restrictions
Users agree that:
· Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of www.AssetMobile.com.
· Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
· Users will not contact employers or freelancer/venders through the Site or through information gained from our Site with the intent of subverting them from using our Services.
· Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
· Users will not create multiple user Accounts for any reason, or under any circumstance.
9.7 Consequences of termination
In the event of termination, Users found in violation of the Terms of Service will not receive any credit or payment from ww.AssetMobile.com.
Without limiting www.AssetMobile.com's other remedies, to the extent you are in violation of this TOSt, you must pay www.AssetMobile.com for all fees owed to us and reimburse us for all losses and costs (including any and all www.AssetMobile.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and www.AssetMobile.com agree that the damages that www.AssetMobile.com will sustain as a result of actions that breach the TOS will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Contractors, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then www.AssetMobile.com may fine you up to US$3,000.00 for each such violation and/or www.AssetMobile.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US$3,000.00 is presently a reasonable pre-estimate or minimum estimate of www.AssetMobile.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to www.AssetMobile.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that www.AssetMobile.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other www.AssetMobile.com Account owned by you.
Users that are terminated by www.AssetMobile.com on any basis other than violation of this TOS will be entitled to receive any payment due from www.AssetMobile.com.
In the event of termination, you will have no claim whatsoever against www.AssetMobile.com in respect of any such suspension or termination of your membership.
10. DISPUTE RESOLUTION SERVICES
10.1 Dispute Resolution Services
www.AssetMobile.com offers the Dispute Resolution Services to registered users who have elected to use the Milestone Payment feature. You agree and acknowledge that: (i) www.AssetMobile.com is not providing legal services; (ii) www.AssetMobile.com will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on www.AssetMobile.com for any such counsel.
In the event of a dispute between a Buyer and a Contractor regarding a return or release of Milestone Payments, either Employer or Freelancer/Vender may elect to use the Dispute Resolution Services offered by www.AssetMobile.com. The Buyer and Contractor will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold www.AssetMobile.com and any of our affiliates harmless against any damages or liability you may suffer as a result of using the Milestone Payments and/or Dispute Resolution Services.
10.2 www.AssetMobile.com is Not a Party to Disputes
Any disputes regarding arrangements between Contractors and Buyers remain solely between Buyers and Contractor s. We are not involved in any transactions between you and any other users of www.AssetMobile.com.
You acknowledge and agree that www.AssetMobile.com will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release www.AssetMobile.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
10.3 The Dispute Team
Both parties of the Dispute case can elect to have their dispute arbitrated by the Dispute Team. The role of the Dispute Team extends to making all actions necessary to resolve the case in an impartial and evidential manner. You acknowledge that the verdict of the Dispute Team is final, binding, and irreversible.
All claims and actions (including, but not limited to, actions made by mistake) of the parties on the Dispute System are final, binding, and irreversible. You agree that the Dispute Team and www.AssetMobile.com is hereby released from the actual and consequential damages brought about by these claims.
10.4 . Dispute Resolution Process
STAGE 1 - Identifying the issue
The complainant should select the project and the Milestone payment or payments to be disputed. A user could contest all the Milestones related to a single project in one dispute.
After which, a description of the issue and an explanation of why the dispute is being opened should be given. From this stage until Stage 3, users are encouraged to attach any files that could support their claims.
Finally, the complainant is requested to enter the amount he or she is prepared to pay for the project (if a Buyer) or wish to get paid for the project (if a Contractor). The amount could be between 0 and the total amount of the Milestone Payment(s) in question.
STAGE 2 - Negotiations
At this stage, either party can negotiate for partial compensation, or (after a period of time) choose to have www.AssetMobile.com's Dispute Team arbitrate the dispute. Both parties will have the opportunity to tell their side of the story and also negotiate terms to resolve the issue between them.
Only the party who originally filed for the dispute can cancel the dispute. If the issue cannot be resolved through negotiation, either party can choose to pay the Arbitration Fee to have the dispute arbitrated by the Dispute Team. The Arbitration Fee will be refunded if the dispute is either settled through mutual agreement or cancelled before reaching arbitration.
STAGE 3 - Final Offers and Evidence
After one of the involved parties has paid the Arbitration Fee, the other party has 4 days to also pay the fee. Either party still has the option in this period to negotiate with the other party.
If the responding party does not pay the arbitration fee within the 4 days, the result will be in favor of the party who escalated the dispute into arbitration first.
If a solution is found before the responding party pays the fee, the party who paid the Arbitration Fee will be refunded this fee.
Stage 3 is the last stage where both users can submit their final evidence to support their case. After Stage 3, the involved parties are no longer allowed to submit evidence. The dispute will be resolved based solely on the evidence provided through the Dispute System.
Once the dispute has proceeded to Stage 4, further evidence will no longer be accepted.
STAGE 4 - Arbitration
At Stage 4, the Dispute Team will review all evidence and other information provided to reach a decision (usually within 48 hours). Dispute verdicts are final, binding, and irreversible. The party who wins the dispute will be refunded their Arbitration Fee.
10.5 Evidential Requirements for Your Dispute
Should you elect to have the Dispute Team arbitrate your dispute, you agree to allow the Dispute Team to read all correspondence made on www.AssetMobile.com and download or access, and test (if necessary), all uploaded files, programs, and websites related to the dispute for the sole purpose of having your dispute resolved.
You are highly encouraged to submit all the documents that would support your claims on your dispute.
· Submit e-mail correspondences as screenshots. If submitting screenshots, ensure that the "To", "From", and the "Date" bar is visible. E-mail correspondences sent in *.txt or *.doc or any word processing software will not be honored.
· IM conversations should be submitted as screenshots of the conversation from the IM software. Correspondences sent in *.txt, *.doc, or any word processing software will not be honored.
· Provide the products, contracts, and other files relating to the project and the dispute.
www.AssetMobile.com will retain the confidentiality of the project and the privacy of the involved users and will not release the collected information to any party unless required by a court of law.
11. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by www.AssetMobile.com in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between www.AssetMobile.com and any associated entity within the www.AssetMobile.com organization. By entering into this agreement, You hereby approve such processing of your personal information as set forth above. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
www.AssetMobile.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
12. NO WARRANTY
www.AssetMobile.com is not involved in the actual transaction between Contractors and Buyers. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, www.AssetMobile.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free;
• defects in the Site will be corrected;
• the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable trade practices or fair trading legislation in the United States of America. If you are considered a consumer under an American consumer protection law that applies to www.AssetMobile.com, you will be entitled to the benefit of certain warranties under that legislation..
To the extent that www.AssetMobile.com is able to limit the remedies available under this Terms of Service, www.AssetMobile.com expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at www.AssetMobile.com's sole discretion)
(1) in the case of goods, any one or more of the following:
· • the replacement of the goods or the supply of equivalent goods;
· • the repair of the goods;
· • the payment of the cost of replacing the goods or of acquiring equivalent goods; or
· • the payment of the cost of having the goods repaired; and
· (2) in the case of services:
· • the supply of the services again; or
· • the payment of the cost of having the services supplied again.
13. LIMITATION OF LIABILITY
13.1 Limitation of liability
In no event shall www.AssetMobile.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you;
• any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
• any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
• The limitations on www.AssetMobile.com's liability to you above shall apply whether or not www.AssetMobile.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of www.AssetMobile.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Trade Practices Act 1974 (Cth) and relevant state fair trading legislation.
13.2 Jurisdiction's Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
13.3 Bar to action
www.AssetMobile.com may plead this Terms of Service in bar to any claim, action, proceeding or suit brought by you, against www.AssetMobile.com for any matter arising out of any transaction or otherwise in respect of this Terms of Service.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Currency conversions will be completed at a rate displayed on the Site, which is adjusted regularly based on market conditions. This exchange rate includes a processing fee above the wholesale exchange rate at which we obtain foreign currency.
You are responsible for all risks associated with maintaining balances in foreign currencies (including, the risk that the value of these balances will fluctuate as exchange rates change, which could result in decreases in the value of the balances). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Use of this aspect of the Site is at your own risk.
Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are not available through consumer or retail channels. These rates are not a suitable reference for currency changes made on the Site.
16. AFFILIATE PROGRAM
The Asset Mobile LLC Affiliate Program ("Affiliate Program") is a program that allows you to receive a payment from Asset Mobile LLC into your Account for referring a new user ("Referred User") to Asset Mobile LLC. To participate in the Affiliate Program, you must comply with all of these requirements, and have an Account that is in good standing.
16.2 Requirements for Referred Users
You may not refer yourself for the Affiliate Program or a user having the same IP address as yourself. The Referred User must be an individual (or business) with whom you have a pre-existing relationship. You may not obtain names for referrals from group email addresses, third party bulk mailing lists, customer lists, or other similar sources. You may not send unsolicited e-mails ("Spam"). If you send Spam in order to recruit Referred Users, Asset Mobile LLC may immediately and permanently close your Account, without paying out any accrued money.
16.3 Payout Period
You are eligible to receive payouts for the Referred User's Account ownership. Payouts will be made by designated time period specified in Affiliate User’s control panel.
To be eligible for payout, the Referred User must: (1) sign up for an Account through either the supplied affiliate links; (2) become a User; and (3) not already have an Account at the time of the referral (or previously).
16.5 Discontinuance or modification of Program
Asset Mobile LLC may discontinue or modify the Affiliate Program at any time by providing you with seven days notice. In the event that the Affiliate Program is discontinued, you will receive all money for all of your Referred Users that have satisfied all of the requirements in this section prior to the discontinuation date of the Affiliate Program.
Failure to comply with these terms may result in your Account and participation in the Affiliate Program being terminated.
The provisions of this Terms of Service are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by www.AssetMobiole.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of www.AssetMobile.com. In the event of any sale or transfer you will remain bound by the Terms of Service. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.