Yes2That

Terms of Use

THIS FOLLOWING TERMS OF USE (THE "TERMS OF USE") CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE OPERATOR OF THIS WEBSITE, YES2THAT, LLC DOING BUSINESS AS YES2THAT (HEREAFTER, "YES2THAT," "WE," "US" OR "OUR"). PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE AND ACCESS TO YES2THAT.COM AND YES2THAT WEB SERVICES (COLLECTIVELY REFERRED TO AS THE "WEBSITE"), THE YES2THAT SMS/TEXT MESSAGING ("MESSAGING"), AND THE SERVICES MADE AVAILABLE THROUGH THE WEBSITE AND MESSAGING ("SERVICES"). THE TERMS APPLY TO ALL USERS OF THE WEBSITE, INCLUDING THOSE WHO ARE SIMPLY NAVIGATING THE WEBSITE, OR THOSE WHO REGISTER AN ACCOUNT. BY USING OR ACCESSING THE WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEBSITE OR SERVICES.

NOTICE OF CLASS ACTION WAIVER AND JURY WAIVER: THIS AGREEMENT INCLUDES A BINDING CLASS ACTION WAIVER AND JURY WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY. PLEASE READ IT CAREFULLY.

1. Access and Compliance

By accessing the Services, you agree to be bound by the Terms of Use, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside or from where you are accessing or using the Website or Services. You agree that YES2THAT may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms of Use periodically to be aware of modifications. Continued access or use of the site shall be deemed conclusive evidence of your acceptance of the modified agreement.

0. Disclaimers

0. YES2THAT may be used to facilitate the listing and booking of jobs being sought to be performed (the "Jobs"). We make our Services available as an online marketplace for users who list jobs that they seek to have performed ("Hirers") to connect with users who want to perform a job ("Earners") and make arrangements directly with each other with respect to performance of the Job and payment for the Job. YES2THAT IS NOT AN AGENCY. We do not employ or engage Earners, nor do we make any representations or warranties with respect to the Hirers, Earners, or the Jobs. Our responsibilities are limited to facilitating the availability of the Services.

0. PLEASE NOTE THAT, AS STATED ABOVE, THE SERVICES ARE INTENDED TO BE USED TO FACILITATE HIRERS AND EARNERS CONNECTING AND BOOKING JOBS DIRECTLY WITH EACH OTHER, AND YOU AGREE THAT YES2THAT HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY JOB MADE THROUGH THE SERVICES OR TO ANY JOB PROVIDED BY EARNERS OTHER THAN AS EXPRESSLY SET FORTH IN THE TERMS OF USE. YES2THAT CANNOT AND DOES NOT CONTROL THE INFORMATION OR CONTENT CONTAINED IN ANY LISTINGS (OTHER THAN THE ARRANGEMENT AND DISPLAY OF SUCH CONTENT) AND THE LEGALITY, SAFETY OR SUITABILITY OF ANY JOBS. YES2THAT IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND JOBS. ACCORDINGLY, ANY JOBS WILL BE MADE OR ACCEPTED AT A USER'S OWN RISK, AND HIRERS MUST SATISFY THEMSELVES WITH ANY EARNER'S CREDENTIALS. YES2THAT PERFORMS NO BACKGROUND CHECKS OR DUE DILIGENCE WITH RESPECT TO THE HIRER, EARNER, OR THE JOB. USER IS SOLELY RESPONSIBLE FOR INVESTIGATING AND MAKING A DETERMINATION WITH RESPECT TO THE HIRERS, EARNERS, OR THE JOB. YES2THAT HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY PAYMENT FOR THE JOB.

0. EARNERS ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF YES2THAT. YES2THAT DOES NOT PERFORM ANY OBLIGATIONS IN CONNECTION WITH THE JOB PROVIDED FOR HIRERS AND DOES NOT EMPLOY EARNERS TO PERFORM SUCH OBLIGATIONS. USERS HEREBY ACKNOWLEDGE THAT YES2THAT DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR AN EARNER'S JOBS BUT MAY MONITOR BOOKINGS MADE THROUGH THE SERVICES.

0. YES2THAT strongly recommends that, if any user is introduced to an individual who may be a suitable Earner or Hirer, said user should take all reasonable and sensible precautions and steps to assess such individuals. Any information gained from questionnaires or tests at the Website are based solely upon information submitted by other individuals or users of the Website and YES2THAT makes no guarantees as to its correctness, completeness, or accuracy of such user-submitted information and cannot verify or otherwise ascertain the accuracy of such user-submitted information. Users are solely responsible for undertaking steps to check or otherwise ascertain the accuracy of any user-submitted information. Each user is solely responsible for the accuracy, legality, currency and compliance of its own information and material and will be solely liable for false, misleading, inaccurate, infringing or other actionable material contained or referred to therein.

0. Although each member/subscriber/user must agree to these Terms of Use, YES2THAT cannot guarantee that each member is at least the required minimum age, nor does YES2THAT accept responsibility or liability for any content, communication or other use or access of the Website by persons under the age of 18 in violation of the Terms of Use. It is also possible that other members/subscribers/registrants or users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials through the Services and that you may be involuntarily exposed to such offensive or obscene materials. It is also possible for others to obtain personal information about you via your use of the Services. These individuals may use your information for purposes other than what you intended. YES2THAT is not responsible for the use of any personal information that you disclose on the Website or otherwise through the Services. Please carefully select the type of information that you post on the Website or release to others. YES2THAT DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS/SUBSCRIBERS/REGISTRANTS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE WEBSITE, MESSAGING, SERVICES, OR OTHERWISE.

0. Although YES2THAT attempts to maintain the integrity and accuracy of the information made available through the Services, YES2THAT makes no representations or warranties and any Services being provided are on an "as is" basis and YES2THAT makes no guarantees as to its correctness, completeness, lawfulness, or accuracy. Moreover, YES2THAT makes no representations, warranties, or guaranties as to the correctness, completeness, lawfulness, or accuracy of any Jobs. The Jobs may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Jobs by third parties without our knowledge. If you believe that information found through the Services is inaccurate or unauthorized, please inform YES2THAT by contacting us via information provided at the "Contact Us" link. YES2THAT specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, YES2THAT does not warrant that your use of the service will be secure, uninterrupted, always available or error-free, or that the service will meet your requirements or that any defects in the service will be corrected. YES2THAT disclaims liability for, and no warranty is made with respect to, connectivity and availability.

0. Earners and Hirers are solely responsible for their interactions with each other, and any other parties with whom such user interacts, whether online through the Website or the Services or offline; provided, however, that YES2THAT reserves the right, but has no obligation, to intercede in disputes. Earners and Hirers agree that YES2THAT will not be responsible for any liability incurred as the result of such interactions. YOU UNDERSTAND THAT YES2THAT DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN OR EVALUATE USERS OF THE SERVICES IN ANY WAY. YES2THAT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YES2THAT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ITS USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.

0. YOU ACKNOWLEDGE AND AGREE THAT YES2THAT IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD YES2THAT LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF ECONOMIC DAMAGES FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. YES2THAT MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YES2THAT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SERVICES. YOU UNDERSTAND THAT YES2THAT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SERVICES. YES2THAT DOES NOT GUARANTEE OR WARRANT ANY EARNER'S PERFORMANCE ON THE JOB OR OUTCOME OR QUALITY OF THE JOB PROVIDED.

0. USE OF THE WEBSITE AND SERVICES

0. By using or accessing the Website, posting any information thereon, or using any of the Services, you agree to the following:

(1) The information posted in any profile you create, including your photograph, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs. You assign to YES2THAT, with full title guarantee, all copyright in your profile, any photographs posted by you, and any additional information sent to YES2THAT at any time in connection with your use of the Website or the Services. You waive absolutely any and all moral rights to be identified as author of your profile and owner of your photograph and any similar rights in any jurisdiction in the world. By posting information, photographs or content on any part of the Website or the Services, you automatically grant, and you represent and warrant that you have the right to grant, to YES2THAT, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You understand and agree that YES2THAT, in its sole discretion, reserves the exclusive right to terminate your access and/or deactivate your account if it finds any information you have provided to be inaccurate, unlawful, deceptive, or inconsistent with these Terms of Use.

(2) You will use the Website and the Services in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Website or the Services. You will not transmit any chain letters or junk email to other members. To protect our users against such conduct, YES2THAT may limit or otherwise control the number of messages that any user may send in a day. You are solely responsible for your interactions with other users of the Services. YES2THAT reserves the right, but has no obligation, to monitor and/or mediate disputes between you and other users of the Services.

(3) You are solely responsible for the content or information you post, publish or display on the Website, or transmit to other users. You shall not post on the Website, or transmit to other users or to YES2THAT or its employees, agents or representatives, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not include in your profile any offensive language, including but not limited to offensive anatomical or sexual references, or offensive sexually suggestive or connotative language, and you will not post any photos containing nudity or personal information. YES2THAT reserves the right, but has no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section. YES2THAT reserves the right to refuse service to anyone, at our sole discretion.

(4) By becoming a Member/Subscriber/Registrant, you agree to accept and consent to receiving email communications or text messages initiated from YES2THAT or through YES2THAT including, without limitation: message notification emails or texts and emails or texts informing you about events, emails or texts informing you of changes to the Services and emails or texts informing you of promotions that either YES2THAT provides or that are being provided by third parties. If you choose to respond to promotions that are provided by third parties and, in the course of doing so, disclose information to any external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their private policies. Should you not wish to receive any of YES2THAT's texts or email communications, you may opt-out of receiving text or email communications sent from YES2THAT or through YES2THAT by opting-out through the Website.

(5) You agree that YES2THAT has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by or through the Website or the Services. You acknowledge that features, parameters or other services YES2THAT provides may change at any time. You acknowledge that YES2THAT reserves the right to sign out, terminate, delete or purge your account if it is inactive. "Inactive" indicates you have not signed in to the Website for a particular period of time, as determined by YES2THAT in its sole discretion. YES2THAT may, but is not obligated to, investigate and terminate your membership/subscription/registration if you have misused the Website or the Services, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under the Terms of Use:

Harassing, abusing or otherwise inappropriately contacting any other user or the Website or the Services;
Collecting information about the Services or any users of the Website or the Services without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained on the Website or with respect to any Jobs, without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website or the Services or any portion thereof;
Accessing or using the site for commercial or competitive purposes;
Disguising the origin of information transmitted to, from, or through the Website or the Services.
Impersonating another person;
Distributing viruses or other harmful computer code;
Allowing any other person or entity to impersonate you to access, or use the Website or any Services, or to perform the Jobs;
Using the Website or the Services for any purpose in violation of local, state, national, international laws
Using the Website or the Services in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Posting, distributing or reproducing in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights;
Removing any copyright, trademark or other proprietary rights notices contained in the Website or forging headers or otherwise manipulating identifiers in order to disguise the origin of any information transmitted through the Website;
Circumventing any measures implemented by YES2THAT aimed at preventing violations of the Terms of Use.

YES2THAT expressly reserves the right, in its sole discretion, to terminate a user's access to the Website, any interactive services and/or to any or all Services due to any act that would constitute a violation of these Terms of Use.

(6) Any personal information you submit to the Website is governed by the Privacy Policy. This Privacy Policy encompasses any and all information you may provide to the site either for purposes of submitting an order or to receive further information, updates and promotions about or related to the Website or the Services.

(7) You are eligible to use the Website or Services if you are the age of 18 or older. You are ineligible to use this Website or the Services if your membership/subscription/registration has been suspended by YES2THAT or you are under the age of 18. By becoming a Member/Subscriber/Registered User of the Website and/or Services, you represent and warrant that you have the right, authority and capacity to use the Website, the Services, and to be a Hirer or an Earner, and to abide by the Terms of Use. Your membership/subscription/registration with the Website or for the Services is for your sole, personal use. You may not authorize others to use your membership/subscription/registration and you may not assign or otherwise transfer your account to any other person or entity.

(8) All bookings made and processed through YES2THAT may be subject to a booking fee at the then current rates, which will be displayed to users prior to completing a transaction.

(9) In the event an Earner cancels a booking within two (2) hours prior to the start of the booking, or after the booking has already begun, the Earner agrees that YES2THAT has the right, at its sole discretion, to immediately suspend, terminate, or deactivate the Earner's use of the Website and Services.

1. PAYMENT

A. When you make a transaction through Yes2That, Stripe Connect is used to securely handle your payment in connection with our platform fees. https://stripe.com/connect/pricing. Our platform fees incorporate the Stripe processing fees. Hirers are charged a 10% fee on each payment to an Earner with a minimum fee of $2.00. Earners are charged a 5% fee on earnings with no maximum fee and a minimum fee of $2.00.

B. Platform Fees for Cancellations:

1. For Hirers -

If the Hirer cancels 24 hours before the start time of the job post, there is no cancellation fee.

Per Request: If the Hirer cancels within 24 hours of the start time, the Hirer will pay the Earner 20 percent of the original amount offered plus all associated platform fees.

Per Hour: If the Hirer's original amount offered is an hourly rate, the Hirer will pay the Earner 20 percent of the total job posted. Example: If the hourly rate offered is $20, and the hours anticipated are 5, the Hirer will pay the Earner 20 percent of $100, which equals $20 plus all associated platform fees If the Earner cancels, there is no charge to the Hirer.

2. For Earners -

If the Earner cancels before 2 hours of the job start time, there is no penalty.

If the Earner does not cancel before 2 hours or is a no-show, his actions are treated as a breach and could lead to account deactivation.

C. All payments on our platform are processed by Stripe, a secure third-party payment processor. By using our Services, you agree to Stripe's Terms of Service in addition to the terms outlined here.

D. Payment Authorization and Settlement -

1. Once a Hirer's Job Post is "Marked Complete" by an Earner, the following timeline of payment will apply:

1. The Hirer is encouraged to complete payment to the Earner within 48 hours of the job post being "Marked Complete."

2. After 24 hours of the job post being "Marked Complete," Hirer will receive an automatic payment reminder via email notification encouraging prompt payment to the Earner.

3. If the Hirer fails to complete payment to the Earner within 48 hours of the job post being "Marked Complete", the Hirer's credit card on file will be automatically charged for the full amount due to the Earner plus the platform fees at the 48 hour mark.

2. Exceptions -

1. Within the first 48 hours, the Hirer has the option to select "Dispute" next to the payment option.

1. If this option is selected, automatic payment will be paused. The Hirer and Earner must work together in good faith to agree on a suitable amount. Once an agreement is reached, payment should then be processed manually by the Hirer.

E. Payment Failures -

If the automatic payment attempt fails, the Hirer will be contacted immediately to update payment information. Continued failure to make payment may result in account suspension, late fees, and/or legal recovery actions. Yes2That is not responsible nor is it liable for Hirer's failure to make payment.

F. Agreement -

By engaging an Earner, the Hirer agrees to these terms and authorizes automatic billing as outlined above.

G. Stripe Standard Processing Times -

1. Card payments are generally processed and settled within 1-2 business days.

2. Payments made on weekends or holidays may experience slight delays due to bank processing schedules.

3. In the case of bank transfers or ACH payments, processing may take 3-5 business days, depending on your financial institution.

H. First-Time Payments and Verification Delays

1. Initial payments or payouts may be subject to additional verification and may take longer to process, typically 7-14 business days. This is to comply with regulatory requirements and fraud prevention protocols.

1. Payouts to Connected Accounts -

1. If you are receiving funds as an Earner, payouts are typically processed within 2 business days after a transaction is completed, but the exact timing may vary based on your country, bank, and account history.

J. Eligibility for Refunds - How Do I Receive a Refund?

1. Refunds may be issued in accordance with our service terms or at our sole discretion. If you believe you are eligible for a refund, you must submit a request through our support system within 14 days of transaction. Please email to support@yes2that.com describing your situation. We will respond to your email within 24 hours.

K. Refund Process -

1. Approved refunds will be processed through Stripe and credited back to the original payment method used.

2. Once a refund is initiated, it may take 5-10 business days for the funds to appear on your account, depending on your bank or card issuer.

L. Non-Refundable Fees -

1. Please note that Stripe's payment processing fees are non-refundable, even in the case of a full refund. This means the full amount paid may not be returned, depending on the nature of the transaction.

M. Partial Refunds -

1. We reserve the right to issue partial refunds where applicable. These will be clearly communicated and documented through your transaction history.

N. Disputes and Chargebacks -

1. If you initiate a chargeback with your bank or card issuer, we reserve the right to suspend or terminate your access to our services pending resolution of the dispute.

YES2THAT uses the third party platform, STRIPE to process credit and debit card transactions for your YES2THAT account. By using YES2THAT, agreeing to YES2THAT's Terms of Use, and offering or purchasing Services, you are also agreeing to be bound by STRIPE's Services Agreement. The Stripe Services Agreement can be found here: https://stripe.com/legal/ssa).

You expressly understand and agree that STRIPE handles all payments or monetary transactions that occur through your use of the Website or Services. You expressly understand and agree that YES2THAT shall not be liable for any payments or monetary transactions that occur through your use of the Website or Services. You also agree that YES2THAT shall not be liable for any issues regarding any monetary transactions between you and any other third party, including STRIPE.

You are responsible for all transactions (one-time, recurring, and refunds) processed through the Website, the Services, and/or STRIPE. YES2THAT is not liable for loss or damage from errant or invalid transactions processed with your STRIPE account. This includes transactions that were not processed due to a network communication error, ог any other reason. If you process a transaction, it is your responsibility to verify that the transaction was successfully processed.

You understand that YES2THAT uses the STRIPE API to run payments for the Website and Services that the STRIPE API is subject to change at any time and such changes may adversely affect the Website and/or Services. You understand and agree to not hold YES2THAT liable for any adverse effects to your STRIPE account and/or your YES2THAT account as result of any actions or inactions on the part of STRIPE.

You must not process stolen credit cards, or unauthorized credit cards through STRIPE and/or your YES2THAT account.

2. Copyrights and Trademarks

The contents of the Website and the Services are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks are YES2THAT, its affiliates or other third party licensors. Except as stated herein, none of the contents of the Website and the Services may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of YES2THAT.

3. DMCA STATEMENT

Owners of copyrights or their agents that believe any content on this Website or the Services infringes upon said copyrights will submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") to YES2THAT immediately upon discovery. If you wish to file a takedown request via mail or by e-mail, please provide the following information as outlined by the DMCA to the contact information below.

The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
Identification of the location where the original or an authorized copy of the copyrighted work exists.
Identification of the URL or other specific location on this Website where the material that you claim is infringing is located; you must include enough information to allow us to locate the material.
Your name, address, telephone number, and email address so that we may contact you.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Any notices given pursuant to the DMCA shall be given to the designated agent of the Website at support@YES2THAT.com or via registered, United States mail sent return receipt to: Yes2That, LLC Attn: DMCA Compliance Agent 6125 Luther Lane #177 Dallas, TX 75225.

4. LIMITATION OF LIABILITY

YES2THAT DOES NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN USERS OF THE SERVICES IN ANY WAY. IN NO EVENT WILL YES2THAT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF YES2THAT OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO YES2THAT FOR USE OF THE SERVICES DURING THE TERM OF YOUR MEMBERSHIP/SUBSCRIPTION. YES2THAT WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF THE SERVICES (INCLUDING THE WEBSITE), INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY OTHER USER OF THE SERVICES, OR ANY INDIVIDUAL YOU ARE INTRODUCED TO VIA THE SERVICES. THIS PARAGRAPH SHALL NOT AFFECT YES2THAT'S RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNIFICATION".

5. ASSUMPTION OF RISK

You assume all risks when using the Website, the Services, and using or performing any Jobs, including but not limited to all risks associated with interacting with Users of the Website or the Services whether it be online or offline, including any risks associated with permitting your child or children to drive in an automobile with Earners or any risks associated with any other aspect of the Job or its performance. YES2THAT assumes no liability related to any transportation provided by Earners or any other aspect of Earners' performance of the Job and YES2THAT does not control the condition, legality, safety, or suitability of Earners performance of any Job or any transportation provided by Earners, regardless of whether the automobile or motor vehicle is owned by you. You agree to take all necessary precautions when interacting with other Users of the Website or the Services, whether it be online or offline, including satisfying yourself with any Earner's credentials, drivers records, insurance policies, employment history, and/or permits sufficient to protect you, your children, your family, or third parties. YES2THAT is not an owner or operator of automobiles or other transportation vehicles and does not own, resell, sell, furnish, provide, rent, re-rent, manage, or control any vehicles or transportation or travel services. YES2THAT'S services are limited to facilitating the availability of the Jobs.

6. INDEMNIFICATION

You agree to indemnify, defend and hold harmless YES2THAT its officers, directors, employees, members, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys' fees charged to YES2THAT, arising out of or relating to any information that you provide on the Website, your personal information, your use of, or inability to use, the Website or any the Services of YES2THAT; any violation of these Terms of Use by you or any other person accessing the Website, the Services or any Jobs on your behalf; your violation of any rights of another party, including any users; your interactions with other users; and your violation of any applicable laws, rules or regulations. THIS INDEMNITY SHALL BE APPLICABLE WITHOUT REGARD TO THE NEGLIGENCE OF ANY PARTY, INCLUDING ANY INDEMNIFIED PERSON.

7. RELEASE

If you have a dispute with one or more of the other users of the Website, the Services, or in relation to a Job, you release YES2THAT (and our officers, directors, agents, subsidiaries, joint ventures, members, and employees) from any 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.

8. CONFLICTS

Shall a conflict or contradiction exist between these Terms and any others which relate specifically to a particular section of the Website or the Services, the specific terms relevant that section shall prevail.

9. SEVERABILITY

Any provision of this agreement found to be unenforceable will not void nor affect other provisions of the agreement.

10. RESOLUTION OF DISPUTES - Mandatory Provisions, Class Action Waiver, and Jury Waiver

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with YES2THAT or the use of this Website or the Services. Please read this section carefully. Our Customer Service Department, which you can reach at support@yes2that.com, can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

Step 1. Notice of Dispute

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a "Notice of Dispute" with any supporting documents or other information by U.S. Certified Mail Return Receipt Requested to: Yes2That, LLC ATTN: Notice of Dispute 6125 Luther Lane #177 Dallas, TX 75225

A "Notice of Dispute" is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us. Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an action as described below. You agree that the term "Dispute" in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, Hirers, Earners, or Jobs, the Terms of Use (or any breach thereof) - whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this provision.

Step 2: Litigation, Governing Law & Exclusive Venue

Use of the Website and the Services, and any claim relating to YES2THAT shall be governed by the laws of the State of Texas and litigated in the State of Texas. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website, Services, or any Jobs, shall be subject to the exclusive jurisdiction of the state and federal courts located in Dallas, Texas. The choice of law of and exclusive venue in Texas apply to you regardless of where you are accessing the Website and the Services from, even if you are accessing the Website and the Services from outside of the United States of America. Further, by use of the Website and the Services, you submit to the exercise of personal jurisdiction of the state and federal courts located in Dallas, Texas for the purpose of litigating any such claim or action.

Jury Waiver

YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LAWSUIT, CIVIL ACTION, OR OTHER JUDICIAL PROCEEDING AGAINST YES2THAT (REGARDLESS OF THE CHARACTER OR NATURE OF THE ACTION OR THEORY OF RECOVERY AND WHETHER BASED IN LAW OR EQUITY) ARISING OUT OF, BASED UPON, OR RELATED TO THIS AGREEMENT, THE WEBSITE, OR THE SERVICES.

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class actions, private attorney general actions, consolidation of your Dispute with other actions, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and a court will have no jurisdiction to hear such claims. If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed separately. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

11. MESSAGING

The YES2THAT Messaging is operated by YES2THAT, LLC DOING BUSINESS AS YES2THAT. Your use of the Messaging constitutes your agreement to these terms and conditions ("Messaging Terms"). We may modify or cancel the Messaging or any of its features without notice. To the extent permitted by applicable law, we may also modify these Messaging Terms at any time and your continued use of the Messaging or any of the Services following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to YES2THAT's Messaging, you agree to receive recurring SMS/text messages from and on behalf of YES2THAT through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with YES2THAT. Your participation in this program is completely voluntary.

We do not charge for the Messaging, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Messaging at any time. Text the single keyword command STOP in response to a Message received or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other YES2THAT mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email support@yes2that.com.

We may change any short code or telephone number we use to operate the Messaging at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Messaging are not liable for delayed or undelivered messages.

You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

12. MISCELLANEOUS

The Terms of Use represent the parties' entire understanding relating to the use of the Website or the Services and supersedes any prior or contemporaneous, conflicting or additional, communications. YES2THAT reserves the right to change these Terms of Use or policies relating to the Website or the Services at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website or the Services, which may be posted from time to time. Your continued use of the Website or the Services after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use without the prior written approval of YES2THAT. Any purported assignment in violation of this section shall be void. YES2THAT reserves the right to use Third Party Providers in the provision of the Services and/or the goods, service and/or materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by YES2THAT. If you have any questions regarding these terms or wish to contact us for any matter please contact us at: support@yes2that.com.

13. TAXES AND TAX REPORTING

Independent Contractor Status

Users who earn income through the platform are independent contractors and are not employees, partners, agents, or representatives of the Company. The Company does not control or direct the services performed by users and is not responsible for any acts or omissions of users. Users are solely responsible for determining and fulfilling their own tax obligations, including the reporting and payment of all applicable federal, state, and local taxes arising from income earned through the platform.

Tax Reporting and 1099 Forms

The Company may use third-party payment processors, including Stripe, to facilitate payments and issue tax reporting forms. If a user meets applicable reporting thresholds, the Company (or its payment processor) will issue a Form 1099-NEC or other applicable tax form in accordance with U.S. law. Tax forms are based on earnings calculated through the platform and may reflect amounts paid to the user after applicable fees and deductions. The Company does not provide tax advice and makes no representations regarding a user's tax obligations. Users are encouraged to consult their own tax advisors regarding their individual circumstances.

No Responsibility for Taxes

The Company is not responsible for withholding, collecting, reporting, or remitting any taxes on behalf of users, except as required by law. Users acknowledge and agree that they are solely responsible for all taxes, including income tax, self-employment tax, and any other applicable obligations.